Terms and Conditions

Welcome to Little Explorers Dalby. We are excited to help you create memorable events! Before a booking is completed and any payment is made, please read the following terms and conditions carefully. 

By making payment for your booking, you are acknowledging that you agree with the below Terms and Conditions Agreement (including any Schedules to the Agreement).

Terms and Conditions Agreement 
A. Overview and Acceptance of the Terms

This Terms and Conditions Agreement (the/this “Agreement”) acts as a legal contract between the Owner and the Hirer.

The Hirer agrees to the following terms and conditions of hire from Little Explorers Dalby Pty Ltd trading as Little Explorers Dalby (the “Owner”). The Hirer hereby acknowledges that he/she/they have read and understood the Terms and Conditions of Hire as outlined in this Agreement. By completing the booking and making payment the Hirer accepts all terms and conditions of this Agreement.

The Hirer acknowledges that under no circumstances will the Owner be held liable for any injury caused by or arising from the use of the Equipment supplied and the Hirer hereby release the Owner from any loss or damage howsoever arising whether under statute, from negligence, personal injury, death, property damage, infringement of third party rights or any indirect, special or consequential damages or injury to any person, corporation or other entity.

It is recommended that the Hirer keep a copy of this Agreement for their records.

B. This Agreement 

1. Definitions

1.1. “Agreement” means this Terms and Conditions Agreement. 

1.2. “Damage” means any damage to the Equipment including, but not limited to:

1.2.1. stains left on the Equipment and due to any food, drink, face paint, glitter or other type of paint;

1.2.2. damage to Equipment due to being left in the rain;

1.2.3. damage to the structure of the Equipment and/or Marquee due to incorrect, malicious or negligent use;

1.2.4. damage to the Equipment caused by high heel shoes, chairs,  marquee/gazebo legs or pegs (other than a Marquee supplied by the Owner);

1.2.5. damage to the Equipment due to pets (e.g. from soiling, scratching or chewing). 

1.3. “Details” means the information set in the order confirmation email.

1.4. “Equipment” means the items of play equipment specified in the order confirmation email and includes any soft play equipment, EVA mats and marquee supplied. 

1.5. “GST” means any tax imposed on the supply of goods or services which is imposed or assessed under A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended). 

1.6. “Hire Fee” means the hire fee charged at the time of checking out on the website. 

1.7. “Hirer” means the person or entity that makes the booking. 

1.8. “Owner” means from Let’s Play Brisbane Pty Ltd trading as Let’s Play Brisbane. 

1.9. “Terms of Use” means use of the Equipment pursuant to the terms set out in Schedule A of this Agreement. 

1.10. “Site” means the site of the Equipment as specified in the Details. 

1.11. “Term of Hire” means the period of hire, including the time and date for delivery and time and date for collection of the Equipment, as specified in the Details. 

2. Interpretation 

In this Agreement: 

2.1. the singular includes the plural, and vice versa;

2.2. a reference to “$” or “dollars” is to Australian Dollars;

2.3. if a provision of this Agreement would be unenforceable then:

2.3.1. the provision must be read down to the extent necessary to avoid it being unenforceable; and

2.3.2. if the provision cannot be read down to that extent then it is to be severed from this Agreement without affecting the validity and/or enforceability of the remainder of this Agreement.

2.4. a party includes their successors, executors, administrators and permitted assigns; and

2.5. legislation, or a reference to a provision of legislation, includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it. 

3. Equipment Hire 

3.1. The Owner agrees to hire the Equipment to the Hirer and the Hirer agrees to hire the Equipment from the Owner on the terms of this Agreement. 

3.2. Prior to hiring the Equipment the Hirer warrants that the Hirer has inspected the Site and determined that the Owner has reasonable and safe means of access to the Site and that there is a place at the Site where the Equipment can be safely installed and set up for use.
 
3.3. In the event that the Site is outdoors and the Hirer is hiring the Equipment during Brisbane’s hot months (between September and March), then:

3.3.1. the Hirer must ensure that a shaded Site larger than the advertised area of the Equipment is available. If a shaded Site larger than the advertised area of the Equipment is not available, then the marquee must be hired together with the Equipment as it can get very hot with prolonged exposure to the sun. 

3.3.2. It is the Hirer’s responsibility to ensure the marquee is hired in advance of the event.
 
3.3.3. The Owner may, in its sole discretion, decide not to set up the Equipment in the event the marquee is not hired and a shaded Site larger than the advertised area of the Equipment is not available.
 
3.3.4. No refunds will be issued if the Equipment is unable to be set up due to the Hirer’s breach of this clause. 

3.4. The Hirer may only use the Equipment in accordance with the Terms of Use at Schedule A to this Agreement. 

3.5. At all times during the Term of Hire, the Hirer must, unless with the consent of the Owner:

3.5.1. not move the Equipment from the position on the Site at which the Hirer set up the Equipment;

3.5.2. leave the Equipment in a safe condition at the Site when not in use;

3.5.3. not remove the Equipment from the Site; and

3.5.4. ensure that the Equipment is secure from theft, damage, defacing and destruction.

3.6. The Owner may inspect the Equipment at any time during the Term of Hire. 

3.7. The Hirer must ensure the Equipment is:

3.7.1. used in accordance with all applicable laws and standards concerning the Equipment;

3.7.2. not soiled by or allowed to come into contact with food, drinks, animals/pets, cigarettes, coloured streamers, silly string, sugar-based substances, chewing gum, glitter, confetti, glass, pens, texters, paint, dye, party poppers, water, sand, mud, dirt, other sticky substances or any item (including but not limited to sharp objects) that may cause damage or harm to the Equipment;

3.7.3. used in accordance with any manufacturers operating instructions provided by the Owner to the Hirer;

3.7.4. used in accordance with any procedures and guidelines in relation to the Equipment as provided by the Owner to the Hirer; and

3.7.5. not be used if at any time during use any part of the Equipment is damaged or wet. 

4. Delivery and Collection 

4.1. Unless otherwise agreed, the Owner will deliver the Equipment to the Site for use by the Hirer on the time and date specified in the Details. 

4.2. The Hirer must afford the Owner clear and unrestricted access to the Site so that the Equipment can be delivered and set up for use. 

4.3. The Owner or person delivering the Equipment on behalf of the Owner shall have an absolute discretion as to selecting the place at the Site where the Equipment is to be safely installed or set up for use and operation. 

4.4. If the Owner determines (acting reasonably) that despite the warranty given by the Hirer at clause 4.2 above that the Site cannot be accessed safely then the Owner may elect to terminate the arrangements under this Agreement and retain the Hire Fee. 

4.5. The Owner has the discretion to charge an additional delivery fee of $100 should it be necessary where a Site is deemed high risk. “High Risk” includes a Site which is at a shopping center, mall, private residence or otherwise where the set-up area is more than 100 meters from the delivery vehicle and/or there is a flight of stairs with more than 10 steps. 

4.6. Unless otherwise agreed, the Owner will collect the Equipment from the Site at the end of the time specified in the Details. 

4.7. The Hirer must make the Equipment available to the Owner for collection and afford the Owner clear and unrestricted access to the Site so that the Equipment can be collected. 

5. Fees and Charges 

5.1. The Hirer must pay 100% of the Hire Fee at the time of checking out on the website.

5.2. The Hire Fee is inclusive of GST. 

5.3. A refundable Bond is required for each Term of Hire. The Bond:

5.3.1. may be paid by direct debit or electronic funds transfer into an account nominated by the Owner or in any other way agreed in writing between the parties;

5.3.2. amount is $200 and is payable three (3) business days prior the commencement of the Term of Hire;

5.3.3. will be refunded to the Hirer within three (3) business days of the conclusion of the Term of Hire if the Equipment is collected in the same condition it was hired out and in a satisfactory state of cleanliness.

5.4. In the event of any breach of clause 3.7 or Schedule A and/or any damage to the Equipment, the Owner may retain and apply the Bond to fund any cleaning or repair costs payable pursuant to this Agreement. If the Bond is insufficient to cover any such costs, the Owner may take action to recover the shortfall. 

6. Maintenance and Repair 

6.1. If the Equipment is damaged during the Term of Hire, the Hirer must: 

6.1.1. promptly notify the Owner and provide written details of the damage to the Equipment and the circumstances giving rise to the damage;

6.1.2. comply with the Owner’s direction regarding the preservation and storage of any broken parts of the Equipment; 

6.1.3. if the damage is caused by any breach of these Terms or negligent acts or omissions, then the Hirer must promptly pay the reasonable and substantiated costs and expenses incurred in repairing or replacing the Equipment. The Hirer indemnifies the Owner for any such reasonable and substantiated costs and expenses. 

6.2. Where the Equipment is faulty or damaged for any reason, except where caused directly or indirectly by the acts of the Hirer, the Owner will, at its cost and its sole discretion, repair that Equipment.  

6.3. The Hirer must inspect and check all Equipment at the commencement of the Term of Hire and notify the Owner if there is any Equipment that is damaged or unfit for use. 

6.4. The Owner may, in its sole discretion, withhold the Bond in the event the Equipment is damaged during the Term of Hire.

7. Risk and Title 

7.1. Risk in the Equipment passes to the Hirer at the commencement of the Term of Hire and remains with the Hirer until the Owner attends to collect the Equipment at the end of the Term of Hire, at which time the risk in the Equipment passes back from the Hirer to the Owner. 

7.2. Title to the Equipment does not pass to the Hirer notwithstanding that possession and use of the Equipment has passed to the Hirer. 

8. As Is Basis 

8.1. The Equipment is hired to the Hirer on an “as is” basis, being the condition of the Equipment as at the commencement of the Term of Hire. 

8.2. To the extent permitted by law, any implied terms, representations or warranties as to the fitness, quality, suitability for purpose or condition of the Equipment are excluded. 

9. Representations and Warranties 

9.1. The Hirer warrants and represents to the Owner that the Hirer has full legal capacity and power to enter into and perform its obligations under this Agreement.

9.2. The Owner makes no warranty or representation in relation to any of the services provided to the Hirer. 

9.3. Except as required by the mandatory operation of law, all implied terms and conditions are excluded.  

10. Insurance and Liability

10.1. The Hirer acknowledges that they bear all risk in the Equipment for the full duration of the Term of Hire. 

10.2. To the full extent permitted by law, the Hirer hereby releases the Owner from any liability for any loss or damage suffered, or for any injury sustained, by the Hirer or any of its employees or agents for the full duration of the Term of Hire. 

10.3. The Hirer releases the Owner from all claims in connection with the hire of the Equipment, including in connection with its use. 

10.4. The Hirer indemnifies the Owner from all claims in connection with its use of the Equipment, the Hirer’s acts or omissions (whether negligent or otherwise) including those of the Hirer’s officers, employees, agents or assigns and any breach of this Agreement by the Hirer or their officers, employees, agents or assigns. 

10.5. To the fullest extent permitted by law, to the extent not excluded by this Agreement, the Owner’s liability is limited to the repair or re-supply of Equipment (at its sole discretion). 

10.6. The Hirer will, on demand, pay the deductible of any applicable insurance policy held by the Owner if an insurable event occurs in relation to the Equipment during the Term of Hire. 

10.7. The Hirer will not do, or fail to do, anything which could:

11. Cancellation Policy 

11.1. The Owner may cancel this Agreement immediately by giving written notice to the Hirer if:

11.1.1 any amount payable by the Hirer under this Agreement is not paid when due;

11.1.2. the Hirer breaches any provision of this Agreement (except in relation to the payment of an amount).

11.2.1. if the Hirer cancels at least ten (10) business days prior to the event then they will receive a full refund;

11.2.2. if the Hirer cancels within four (4) to nine (9) business days prior to the event, then a fee of 25% of the total booking will be charged and the remainder refunded;

11.2.3. if the Hirer cancels with less than seventy-two (72) hours notice, then the full booking costs apply and no refund will be issued. 

11.3. If the Hirer cancels due to unforeseen circumstances then the Owner may, at the Owner’s sole discretion, provide the Hirer with a credit to be used within twelve (12) months of their canceled event. If the credit is not used within the twelve (12) month period then any money paid by the Hirer will be forfeited and no refunds will apply. 

11.4. If the booking is canceled or postponed due to Government orders (for example the historical Covid-19 restrictions), then the Owner will provide the Hirer with a credit to be used within twelve (12) months of their canceled event. If the credit is not used within the twelve (12) month period then any money paid by the Hirer will be forfeited and no refunds will apply. 

12. Entire Agreement 

12.1. This Agreement represents the parties’ entire agreement and supersedes all prior representations, communications, contracts, statements and understandings, whether oral or in writing, relating to its subject matter.

12.2. The Hirer will be bound by the terms of this Agreement upon making any payments in respect of the hire of the Equipment. 

13. No waiver

13.1. A party waives their right under this Agreement only if they give written notice that they have waived that right. 

14. Assignment 

14.1. The Hirer must not, without the prior written consent of the Owner: 

14.1.1. assign or transfer any right or obligation under this Agreement; or

14.1.2. grant any person any encumbrance in respect of the Equipment.

15. Notice

15.1. For the purposes of this clause, where notice is required to be given, notice includes any consent or approval which may be given under this Agreement. notice can only be given in writing by the party or its agent. 

15.2. Notice can only be given to a party:

15.2.1. Personally;

15.2.2. By registered post to their last known place of business (notice is deemed to be received at the time which the letter would be delivered in the ordinary course of post); or

15.2.3. By email to their last known email address (notice by email is deemed to be received upon the email being sent if the sender does not receive either an electronic delivery notification error or delivery delay notice within 24 hours of the email being sent). 

16. Amendment 

16.1. This Agreement can only be amended by written agreement of the parties.

17. Governing Law 

17.1. This Agreement is governed by the laws of Queensland. The parties submit to the exclusive jurisdiction of Queensland in respect of any matter connected with this Agreement. 

SCHEDULE A – Terms of Use 

a. Children between the ages of 0 and 6 years only may use the Equipment.

b. Children must be supervised at all times by a responsible adult or guardian. 

c. Parents and/or guardians must ensure their child is capable of using the Equipment safely. 

d. Children and adults must ensure their shoes are off whilst inside the play area. 

e. No smoking or barbecues near the Equipment. 

f. Strictly no food, drinks, cigarettes, coloured streamers, silly string, sugar-based substances, chewing gum, glitter, confetti, glass, pens, texters, paint, dye, party poppers, water, sand, mud, dirt, other sticky substances or sharp objects allowed on the Equipment at any time.

g. Ensure the Equipment is not overcrowded and limit the number of children using the Equipment to avoid accidents and serious injury.

h. Any sharp accessories, such as high heels and jewellery must be removed before entering the play area.

i. No animals/pets in the play area. 

j. Strictly no jumping, pushing, rough play or any behaviour that is likely to result in injury to self or others. 

k. Ensure that an area of about one (1) meter surrounding the Equipment is kept clear.
 
l. If the Equipment is hired during the hot months (between September and March) and it is to be set up outdoors but a shaded Site larger than the advertised area of the Equipment is not available, then the marquee must be hired at the time that the Equipment is hired as it can get very hot if in direct sunlight for prolonged periods of time. The Owner may, in its sole discretion, decide not to set up the Equipment in the event the marquee is not hired and a shaded Site larger than the advertised area of the Equipment is not available. 

m. Report any damage to the Owner immediately. Do not continue playing if damage occurs.
 
n. In the event of heavy rain and/or heavy wind and/or any other inclement weather, immediately cease use of the Equipment and contact the Owner.

o. In the event you have hired the marquee and there is lightning, immediately cease use of the Equipment and contact the Owner. 

p. The Hirer is not permitted to make any alterations or attach any item or thing to the Equipment without prior written consent from the Owner. 

q. The Equipment is not to be moved or disassembled. 

r. Once the Owner sets up the Equipment at the Site, the entire set-up must not be removed, adjusted or relocated. 

s. The Owner will display a sign with important but not limited to rules at the entrance to the Site. The sign must remain at the entrance of the Site and is not to be removed.

t. Failure to comply with this Schedule entitles the Owner to retain the Bond and to take any other action as contained in the Terms and Conditions Agreement.