These Terms & Conditions apply when you enquire about, book, pay for or use equipment or services supplied by Joyful Little Spaces.
In these Terms, “we”, “us” and “our” means Joyful Little Spaces. “You”, “customer” and “hirer” means the person or organisation making the booking or responsible for the event.
A hire agreement is formed when we accept your booking and receive the required booking deposit. By submitting a booking request, paying a deposit or invoice, electronically accepting these Terms, or allowing the equipment to be used at your event, you agree to comply with these Terms and any other documents referred to in them.
These Terms are governed by the laws of Victoria, Australia. The parties submit to the courts and tribunals having jurisdiction in Victoria.
1. Bookings
All bookings are subject to availability, suitability of the event location and our acceptance of the booking.
A booking is not confirmed until we have accepted the booking and received the $50 booking deposit.
We may decline a booking if we consider the requested package, event site, access, surface, weather exposure, supervision arrangements or other circumstances to be unsuitable or unsafe.
Joyful Little Spaces supplies soft play packages and outdoor games, with delivery, setup and pack down included within the service area unless we agree otherwise in writing.
Package inclusions are subject to availability and safe setup. Customisation is available only where the requested items can safely fit within the setup area.
Soft play equipment is designed for children aged 0 to 3 years only.
Outdoor games are designed for use by persons over 3 years of age, subject to active supervision and safe use.
Older children, teenagers and adults must not sit, stand, jump, climb, lie, play or place weight on soft play equipment unless we have expressly confirmed that the relevant item is suitable for that use.
You must ensure that equipment is used only for its intended purpose and by suitable users.
2. Payment
A $50 booking deposit is payable to secure your booking. This booking deposit is not refundable if you cancel or change your mind, except where we are required by law to provide a refund or where we cancel the booking for reasons not caused by you.
The balance of the hire fee must be paid no later than 7 days before the event date.
If the balance is not paid when due, we may treat the booking as cancelled, release the equipment for other bookings and retain amounts permitted under these Terms and applicable law.
Payments must be made by bank transfer unless we agree another payment method in writing. We may update accepted payment methods from time to time.
Any additional fees, including travel, difficult access, cleaning, repair or replacement charges, must be paid within the timeframe stated on our invoice.
3. Cancellations & rescheduling
If you cancel more than 7 days before the event, we will refund amounts paid other than the $50 booking deposit, subject to any non-excludable rights you may have under applicable law.
If you cancel 7 days or less before the event, we may retain the full booking payment because the equipment, delivery time and setup time have been reserved for your event, subject to any non-excludable rights you may have under applicable law.
We may, at our discretion and subject to availability, allow one reschedule where you give at least 48 hours’ notice. Rescheduling is not guaranteed.
If weather or site conditions make the booking unsafe, we may refuse setup, stop use, require the equipment to be packed down or offer a reschedule where reasonably available.
Refunds or credits for weather-related cancellations will be assessed having regard to the timing of cancellation, work already performed, equipment reserved, delivery/setup arrangements and any non-excludable legal rights.
4. Set up & pack down
You must provide safe, clear and reasonable access for delivery, setup and pack down.
You must ensure the setup area is available, clean, level, dry, free from hazards and large enough for the package booked before we arrive.
We allow up to one hour for setup and one hour for pack down, although times may vary depending on package, access, weather, traffic or prior bookings.
Additional fees may apply if access is difficult, including stairs, lifts, long carrying distances, restricted parking, loading delays, limited venue access, unsafe access or delays outside our control.
You must not move, alter, reconfigure, dismantle, relocate or add items to the equipment after setup unless we give written approval.
If we cannot safely deliver, set up, access or collect equipment because of site conditions or customer delay, we may cancel, modify or shorten the hire and charge reasonable costs incurred.
Soft play may be set up outdoors only where Joyful Little Spaces has agreed that the proposed location is suitable. We may require the setup area to be fully undercover or otherwise protected from sun, rain, wind, heat, moisture, mud, damp grass or other unsafe conditions. We may refuse setup, stop use or require the equipment to be packed down if the outdoor location or weather conditions are unsuitable or unsafe.
The setup area must not be exposed to rain, strong wind, extreme heat, sprinklers, mud, damp grass, uneven ground, slopes, stairs, roads, driveways, pools, fire pits, BBQs, heaters, candles or other hazards.
For public parks, community venues, halls, clubs or third-party venues, you are responsible for obtaining any required permission, permit, approval, access arrangement, parking arrangement or venue consent.
You are responsible for ensuring the venue allows soft play or outdoor games and that the setup complies with venue rules.
5. Supervision & safety
Active adult supervision is required at all times while equipment is in use or accessible. Supervision must be close, continuous and active. You must ensure that all children, guests, parents, guardians, carers and supervising adults comply with:
- these Terms & Conditions;
- the Soft Play Terms of Use;
- the Customer Safety Rules;
- the Risk Acknowledgement, Safety Undertaking and Release; and
- any reasonable safety direction given by Joyful Little Spaces.
The Soft Play Terms of Use and Customer Safety Rules contain more detailed safety requirements, including rules about age limits, ball pits, food and drinks, shoes, face paint, glitter, slime, messy products, rough play, outdoor use, heat, weather, smoking, pets, BBQs, flame sources, cleaning, damage and incident reporting.
You must stop use immediately if any equipment appears unsafe, damaged, unstable, wet, excessively hot, contaminated or unsuitable for continued use.
You must notify us as soon as practicable of any injury, incident, near miss, equipment fault, damage, loss, contamination or safety concern.
You must not attempt to repair damaged equipment unless we give express instructions to do so.
Where an incident or damage occurs, you should preserve relevant information, including photographs of the setup area, equipment and alleged hazard or damage.
6. Damage & cleaning
You are responsible for any loss, theft, damage, staining, excessive dirt, contamination or misuse of equipment during the hire period, except to the extent caused by our negligence, wilful misconduct or breach of law.
You must keep food, drinks, chewing gum, face paint, glitter, confetti, slime, bubbles, crayons, markers, sharp objects, pets, smoking, BBQs, heaters and flame sources away from equipment.
We may charge reasonable cleaning, repair or replacement costs where equipment is returned dirty, stained, wet, damaged, missing, contaminated or not in the condition supplied, fair wear and tear excepted.
We may issue invoice(s) for cleaning, repair and/or replacement costs after the conclusion of the event. Payment must be made within the time stated on our invoice.
7. Liability
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.
To the maximum extent permitted by law, we are not liable for loss, damage, injury, illness or death arising from misuse of equipment, failure to supervise children, failure to follow safety rules, unsafe site conditions, unauthorised relocation or alteration of equipment, or conduct of the customer’s children, guests or invitees, except to the extent caused by our negligence, wilful misconduct or breach of law.
Where we are permitted by law to limit our liability, our liability is limited to the maximum extent permitted by law.
You indemnify us and our owners, employees, contractors and agents against claims, losses, liabilities, expenses and costs arising from your breach of these Terms or the acts or omissions of your children, guests or invitees, except to the extent caused by our negligence, wilful misconduct or breach of law.
We are not responsible for delay, non-performance or cancellation caused by events outside our reasonable control, including severe weather, illness, accident, vehicle breakdown, road closures, venue access issues, public emergency, natural disaster, power or technology failure, or supplier failure.
We will take reasonable steps to notify you and, where practical, discuss rescheduling or other available options.
8. Privacy
We collect and handle personal information in accordance with our Privacy Policy.
Personal information is used for enquiries, quotes, bookings, delivery, setup, payment administration, customer service, safety, insurance, legal and related business purposes. We may ask for permission to use photos, videos, reviews or testimonials for website, social media or promotional purposes.
We will not intentionally publish identifiable photos or videos of children for marketing unless we have appropriate permission from a parent, guardian or authorised person.
9. Contact
Questions about these Terms & Conditions can be directed to Joyful Little Spaces at enquiries@joyfullittlespaces.com.
Customer acceptance
By proceeding with a booking, paying the deposit or invoice, signing or electronically accepting these Terms, or allowing the equipment to be used at your event, you confirm that you have read, understood and agreed to these Terms.
“I confirm that I have read and agree to Joyful Little Spaces’ Terms and Conditions, Soft Play Terms of Use, Customer Safety Rules, Risk Acknowledgement, Safety Undertaking and Release, and Privacy Policy.”