Deposit: A non-refundable Deposit in the amount of 50% of the hire fee is required upon signing this Agreement. This Agreement is not effective without the Deposit. The Deposit guarantees the availability of the hire items.

 

Fees. Client agrees to pay I LOVE THIS SHOP WAURN PONDS the fees for the decor Services, in the form of cash or credit card as stated above. Client shall pay the Hire Fees, minus the prepaid Deposit, no later than 2 days prior to the Event. Payments may be made over the phone on (03) 5292 3588 or in person in store.  Failure of client to pay the outstanding balance 2 days prior to the execution will be a breach of this Agreement and excuses I LOVE THIS SHOP WAURN PONDS from providing services requested. Any changes on hire items, custom hire items, and balloons are to made no later than 48 hours prior to the agreed delivery date. In a situation where the event has been cancelled, unfortunately the 50% deposit is non-refundable, but a store credit may be offered on any additional payment (excluding customisation costs.)

 

Delivery, Set up, and Pick-up: Client shall ensure I LOVE THIS SHOP WAURN PONDS has access to the Event locations for decor delivery and set up. Client is not permitted to set up or move the decor items installed by I LOVE THIS SHOP WAURN PONDS. I LOVE THIS SHOP WAURN PONDS will ensure the Decor is displayed and operating appropriately upon set-up. If the Decor Set Up fails, I LOVE THIS SHOP WAURN PONDS has the option to substitute the Decor with other available pieces. Client shall not move or remove the Decor from the Event location without prior written approval of I LOVE THIS SHOP WAURN PONDS. If Client’s Event is outside and, in I LOVE THIS SHOP WAURN PONDS) sole discretion, adverse weather conditions prevent the decor’s presentation, I LOVE THIS SHOP WAURN PONDS may refuse delivery. Client will ensure the decor Items are ready for pick-up in the same condition as it was when set up.

 

Late Fees of $20 per day apply to items returned after the agreed date. Amount will be deducted from security bond.

 

Decor Use. Client shall:

• ensure adequate space for the Decor, with properly working electrical outlets.

• keep and maintain the Decor in the same condition as when delivered and use the Decor only for its intended purpose.

• except in an emergency, not move, or otherwise alter the Decor presentation created by I LOVE THIS SHOP WAURN PONDS. 

• keep the decor items in a dry area, with ample space, free from flammable materials. Do not place the decor items on elevated or unstable surfaces.

• return items in their original and working condition. Failure to do so will result in loss of part of/entire security deposit, which will cover all cleaning or drying costs and for any damage resulting from not properly drying, cleaning and/or packing the Equipment. 

 

Loss and Delay. Title to the decor items remains with I LOVE THIS SHOP WAURN PONDS and Client shall not acquire any right, title, or interest in the decor items. Client shall bear all risk of loss, damage, destruction, or theft of the decor Items from any cause whatsoever ("Loss") until I LOVE THIS SHOP WAURN PONDS collects the decor Items from the Client’s pick-up location, identified above or until the item is returned to I LOVE THIS SHOP WAURN PONDS. Client shall be solely responsible for the full replacement cost of the decor Items due to Loss.  Client shall immediately notify I LOVE THIS SHOP WAURN PONDS of any Loss. I LOVE THIS SHOP WAURN PONDS shall not be liable or responsible to Client for any failure or delay in performing this Agreement to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of I LOVE THIS SHOP WAURN PONDS including, without limitation, acts of God, explosion, governmental actions, invasion or civil unrest, national emergency, delay in obtaining Display, or power outage.

 

Indemnification. Client shall indemnify, defend, and hold harmless I LOVE THIS SHOP WAURN PONDS and its members, officers, employees, agents, affiliates, successors, and permitted assigns (collectively, the "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or, expenses of whatever kind, including reasonable attorneys' fees, fees and the costs of enforcing any right to indemnification under this Agreement, arising out of or resulting from any claim of a third party or I LOVE THIS SHOP WAURN PONDS arising out of or occurring in connection with the Decor or Client’s negligence, wilful misconduct, or breach of this Agreement.

 

Cumulative Remedies. All rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by I LOVE THIS SHOP WAURN PONDS of any right or remedy does not preclude I LOVE THIS SHOP WAURN PONDS' exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, or otherwise. 

Assignment; Successors and Assigns. I LOVE THIS SHOP WAURN PONDS may at any time assign, transfer, or subcontract any or all of its rights or obligations under this Agreement without Customer's prior written consent. This Agreement is binding on and inures to the benefit of the parties to this Agreement and their respective permitted successors and permitted assigns. 

 

Limitation of Liability. IN NO EVENT SHALL I LOVE THIS SHOP WAURN PONDS BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, ARISING OUT OF OR RELATING TO ANY BREACH OF ANY PROVISION OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT (I LOVE THIS SHOP WAURN PONDS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.  IN NO EVENT SHALL I LOVE THIS SHOP WAURN PONDS AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL OF THE AMOUNTS PAID TO I LOVE THIS SHOP WAURN PONDS HEREUNDER.

 

Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.