TERMS OF HIRE AGREEMENT FORM
These guidelines are intended to aid the mascot operator and your audience to have a fun time.
- THIS IS NOT AN EXHAUSTIVE SAFETY LIST -
Ensure rental GUIDELINES are followed, use your own common sense and have a great time!
1) It is the responsibility of the person who is hiring the equipment to ensure that all possible steps are taken to avoid injury to users or damage to the mascot equipment.
2) Our mascot equipment has an minimum operating age of 15 years.
3) A responsible adult must closely CHAPERONE the mascot at all times
4) No smoking or barbeques or naked flames near the mascot equipment
5) No food or drinks to be consumed whilst wearing the mascot equipment.
6) No face-paints, must be used near the mascot equipment or be worn by the mascot operator as it can permanently stain the equipment.
7) Children require supervision whilst in the vicinity of the mascot equipment at ALL TIMES.
8) People with a history of back or neck problems are not recommended to use the mascot equipment. People with skin sensitivity may experience a reaction to the fabrics and materials of the Mascot Costume and are not recommended to use the mascot equipment.
9) The mascot equipment must be kept away from water. This includes (but is not limited to) rain, hail, drizzle, humidity, swimming pools.
10). The mascot equipment must be returned in an acceptable as supplied condition, i.e. clean, unsoiled and undamaged. If it is soiled or damaged, the hirer will be expected to pay an additional charge as stated in the rental agreement terms.
11) We will provide the goods you have ordered, at the costs stated and in the time specified but subject always to availability and the full terms indicated in the rental agreement below.
12) Orders are taken subject to availability of products and if in certain circumstances we do not supply any product, we will refund any money already paid for these products less any applicable charges or fees. However, we will not be liable for any other losses or expenses that you may incur if we do not supply them. We reserve the right to refuse, modify, amend, change an order and change a price as indicated in the rental agreement terms.
13) We will inform you immediately of any change and give you the right to cancel or amend your order.
14) The Balaclava/hair covering supplied must be worn at all times with the mascot and the mascot must NOT be worn by anyone displaying COVID 19 SYMPTOMS.
We will contact you via email to confirm your order and estimated pick up time. Delivery is available at extra cost. These guidelines are for the safety of all people using this equipment, and it is the sole responsibility of the hirer to ensure they are adhered to. We cannot accept any responsibility whatsoever, for any injury caused to any persons exposed to / in the vicinity of / using this equipment. Full details are indicated in the rental agreement below.
BY HIRING OUR MASCOT COSTUME EQUIPMENT, YOU AGREE TO ALL OF THE TERMS OF HIRE LAID OUT IN THIS INFORMATION.
TERMS OF RENTAL
By paying any or all of the following fees; hire / deposit / delivery the hirer is entering into a hire agreement with The Community Builders NZ Trust you are automatically agreeing to the following terms of Hire and limitations of use.
RENTAL AGREEMENT DEFINITIONS
In these conditions 'The shop' means 'The Community Builders NZ Trust'. 'The Hirer' means any company, individual or agent thereof to whom we offer quotation, acknowledgement of order or receipt is addressed. 'The Goods' means mascot costumes / equipment, including any material or information supplied by the shop. We conclude contracts for the supply only to these conditions.
The Hirer accepts that these conditions shall govern relations between him and the shop to the exclusion of any other terms including, without limitation, conditions and warranties written or oral express or implied even if contained in any of the Hirers documents which purports to provide that the Hirer's own terms shall prevail. No variation or qualification of these conditions or of any quotation or contract arising here from shall be valid unless agreed in writing by an authorised employee of the shop.
LIMITATION OF THE SHOPS LIABILITY - DISCLAIMER:
All persons using our mascot equipment do so at their own risk. We do not recommend wearing a mascot in extremes of temperature such as excessive heat or excessive cold weather. The person hiring the equipment will be responsible and liable for any AND ALL damage or injury occurring from or as a result of use, misuse or reckless use to any party. It is the responsibility of the customer (hirer/renter) to ensure that all possible steps are taken to avoid injury or damage to the mascot equipment, the mascot operator, the hirer or the audience. The shop shall in no circumstance be liable for any loss or damage to either the hirer, or any other parties.
This will apply in the case of a breach of a fundamental term or repudiation by the shop. To the fullest extent of the law neither The Community Builders NZ Trust nor any of its affiliates or other representatives will be liable for damages arising out of or in connection with your use of the mascot products.
This is a comprehensive limitation of liability that applies to damages of any kind including, compensatory, direct and indirect, loss of data, income or profit and loss of or damage to property, or personal injury. The Community Builders NZ Trust makes no warranties of any kind, express or implied for any information, content, materials or products included on their website. This includes and is not limited to satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. The Community Builders NZ Trust does not warrant that any information accessible on our website is accurate, complete or current.
PRICES + FEES
All hire fees reservation fees and delivery fees are non refundable.
The contract price shall be the price current at the date of delivery of the goods. Where a quotation is given, dependent on information supplied by the Hirer, the Hirer will be responsible for the accuracy of the information given and for the supply of all relevant particulars, including but without limitation to, measurements and sizes.
Any increased cost incurred as a result of any inaccuracy or omission shall be borne by the Hirer alone and shall be paid promptly or deducted from the deposit.
Once paid, the hire fee/hold the date fee for each mascot is non refundable in all circumstances. In the event of a cancellation for any reason, The Community Builders NZ Trust reserves the right to deduct the hire fee plus handling fees and transaction fees from any payment paid by the hirer including any holding deposit.
Quotes are valid for 24 hrs from issue. If orders are submitted after this time, and are unable to be fulfilled for any reason, The Community Builders NZ Trust reserves the right to deduct a reasonable transaction fee from the refunded amount if a refund is requested and honoured by The Community Builders NZ Trust.
The Hirer acknowledges that ALL Reservation /Hire fess and transaction fees are NON REFUNDABLE. This is non negotiable and may only be issued at the discretion of The Community Builders NZ Trust.
Delivery fees are NON refundable where the driver has been booked in advance or the notice of cancellation is less than 12 hours from order dispatch.
In the event of unforseen price rises in 3rd party suppliers such as couriers, The Community Builders NZ Trust reserves the right to pass on all reasonable price rises to be borne by the client. It is at The Community Builders NZ Trust discress to offer cancellation without liability if deemed necessary by The Community Builders NZ Trust .
PAYMENT AND DEPOSIT
Payment shall be made before the goods are hired, and additionally the shop will require the Hirer to leave an upfront deposit per mascot. The deposit amount is dependent on the costume and (subject to terms of hire) is returned in the manor by which it was paid; the week following hire RETURN up to and including the Sunday.
This deposit will be refundable upon return of the goods provided that the shop will be entitled to make a deduction from the deposit to reasonably reflect the cost of rectifying any delay, damage or loss suffered whilst the goods are in the Hirer's control, in transit from the hirer, or any additional costs incurred by The Community Builders NZ Trust including courier costs and non collection fees due to the hirer failure of obligations.
All online payments include bank charges processing fees per mascot per transaction. These are NON REFUNDABLE and will not be refunded where the hirer cancels their hire for any reason. Secondary transactions will incur a surcharge to cover the fees charged to The Community Builders NZ Trust for processing costs. Please see the pricing schedules for full, up to date costs.
The deposit covers the costumes and transit casing and additional charges that the client may incure, and does not reflect the FULL value of the costume and casing therefore if the item is lost or stolen or not returned The Community Builders NZ Trust will be entitled to recover the full cost of the costume over and above the deposit to a maximum of $800 per costume. The shop also reserves the right to deduct some of the deposit for each day the Hirer retains the goods after the date of return specified in the shops receipt or the deposit paid by the Hirer.
In cases of non-return of the goods, four days after the date of return the shop reserves the right to retain the entire deposit but without prejudice to any other rights the shop may have against the Hirer. Loss of mascot includes but is not limited to loss in transit.
If the hirer fails to obtain proof of return carriage for the return courier (such as but not limited to photographic evidence and slip issued from the driver) this will affect the deposit retained by The Community Builders NZ Trust. If the hirer fails to secure the box as instructed with the means provided by The Community Builders NZ Trust, the deposit will be deducted accordingly. Deposits are refunded the week following hire return usually on the Sunday (this is usually 2 weeks to the date of hire for the avoidance of doubt) and are refunded in the manner they were paid.
PROPERTY OF THE GOODS
The property in the goods shall in no circumstance pass to the Hirer and the Hirer shall keep the goods as bailey for the shop. HIRER'S OBLIGATION TO KEEP THE GOODS CLEAN The Hirer undertakes to use his best endeavours to preserve and protect the goods and to return the goods to the shop (or facilitate courier collection) on the return date specified in writing on the Contract receipt supplied by the shop in the same condition as when they were delivered by the Hirer.
Failure to do this may result in the deposit being deducted accordingly. When required the hirer must pack the goods back in to the box in an orderly fashion to be shipped directly to another client.
DELIVERY & COLLECTION
Delivery & collection of singular or multiple mascot deliveries applies to one location at one time.
It is the hirers responsibility to ensure they fully understand all delivery costs.
When delivery shall be deemed to occur by The Community Builders NZ Trust, the goods will be delivered to the hirer at the location agreed on the booking form (unless otherwise advised or due to holiday). When collection shall be deemed to occur from the client, the goods will be collected from the hirer at the SAME location as delivery 8am to 6pm on the Monday after the hire day (unless otherwise advised or due to holiday).
If the hirer is unable to accept delivery or collection at the agreed times, and if this results in a delay in collection, The Community Builders NZ Trust will add a $30 fee for every day the goods are un-returned and reserve the right to seek compensation for loss of future bookings and damage to reputation due to the failure of a client to return the mascot on time.
If the Hirer fails to respond or contact The Community Builders NZ Trust about damage to a returned costume, The Community Builders NZ Trust shall after 48 hrs deduct the deposit and refund the excess (if any remains). Collections from a different address are subject to a $10 fee. The client may receive texts from the courier to give advisory times for delivery and collection. These are advisory only and The Community Builders NZ Trust cannot be held responsible for variations to these delivery times. The client must not reschedule the delivery directly with the courier via text or phone in any circumstances and will incur charges if they do so.
Delivery and collection dates are non-negotiable without explicit consent in writing from The Community Builders NZ Trust. If delivery shall be deemed to occur, the risk of loss or damage of any kind in the goods shall pass to the Hirer on delivery (whether or not a carrier be the shops agent or servant).
In the event that the shop shall at the request of the Hirer arrange for the goods to be dispatched or dealt with otherwise than by collection by the Hirer or instruction by The Community Builders NZ Trust, the Hirer shall pay to the shop the shop's reasonable charges for the provision or procurement of such services including any reasonable carriage insurance costs or losses. In the event of delayed collection be it the cause of the hirer or not, the hirer must assist The Community Builders NZ Trust to return the mascot to the shop. This includes but is not limited to ensuring the hirer is available to sign for the courier on days other than agreed in the contract.
The Hirer shall carefully examine the goods on receipt of the same and shall immediately notify the shop of any defect within 4 hrs of receipt of goods. In the absence of any such notification the shop reserves the right to reject any claims arising out of the defect which may affect the hirers deposit. In the case of goods delivered to the Hirer otherwise than by collection by the Hirer or the Hirer's agent or servant, receipt for the purposes of this sub-clauses all be deemed to take place the day after the goods are dispatched from the shop.
The hirer is solely responsible for ensuring the correct information is supplied on the booking form. This is the form we use for delivery and collection. Return mascot box is secured and addressed correctly with the means supplied or instructed eg: cable ties / removing old delivery labels. Failure to do this may result in damage of the packaging and mascot on the return courier service. If this is deemed to occur the responsibility falls to the hirer to pay for reparation of damage and the deposit may be deducted accordingly in such a case. The Hirer is fully responsible for obtaining a receipt proof of collection for the return of the Mascot to The Community Builders NZ Trust.
The shop will use its reasonable commercial endeavours to ensure that goods ordered are available for delivery on the date specified in any quotation or acknowledgement of receipt of order. However it will not be liable for any loss suffered by the Hirer as a result of default in delivery or items provided as a result of circumstances outside the shops reasonable control including but without limitation to the non return or damage of the goods by another hirer or incorrect information supplied by the client or failure to advise of incorrect information in the booking confirmation email or communication.
The shop shall not be liable for any delay or failure in carrying out its obligations which is caused wholly or partly by reason of Acts of God, delay in transportation, labour disputes, fire, flood, war, accident, weather, Government action, client or any other cause beyond the shops control or that of its servants or agents.
We have used every means possible to ensure the products on our website are accurately displayed. However, some colour variances and mascot variances may occur from the images displaying the equipment. Please note that these are costumes, not garments, (unless otherwise stated) and these products are for use for limited short term use and should be worn no longer than 10 minutes at a time, and the operator must be chaperoned at all times. We do not recommend wearing the mascots in hot weather.
We reserve the right for information on our website and/or social media platforms to be subject to change without prior notice. At times it may be incomplete, inaccurate or out-of-date. We have the right to make changes to product descriptions and remove products without notice.
In the event of a pricing error we reserve the right to suspend your order and contact you to ask if you wish to continue the transaction at the correct price. However, the products displayed on our website are subject to availability and there may be limited quantities at times. By hiring the equipment, the Hirer understands and agrees they have read and understood, the rental agreement & instructions for hire and have agreed to enter into a binding agreement.