Canopy Club Co. – Hire Terms and Conditions

Business Name: Canopy Club Co.
ABN: 38 620 345 483
Email: info@canopyclubco.com.au

1. Overview

·         These “Hire Terms and Conditions” (‘Terms and Conditions”) are binding between BM Lofthouse & PE Schmedje trading as Canopy Club Co. (‘Canopy Club Co’, 'the Owner', 'we', 'us') and the Hirer ('the Client', 'you') as identified in the Invoice.

·         By signing an Invoice, paying a deposit or any Hire Fees, or collecting or accepting delivery of any Equipment, the Client agrees to be bound by these Hire Terms and Conditions.

2. Definitions

·           For the purposes of these Terms and Conditions:

·         Hire Fees means the fees payable by you to us to hire the Equipment as detailed in the Invoice.

·         Equipment: means all items supplied by, or to be supplied by us to you as detailed in the Invoice, including umbrellas, mobile bars, accessories, bases, and related items.

·         Invoice: means an order form, invoice or quote issued by us to you that references these Hire Terms and Conditions. 

3. Hire Period

·         The hire period commences on the delivery or collection date specified in the Invoice and concludes on the return or pick-up date specified in the Invoice (Hire Period).

·         Extensions or other changes to the Hire Period must be approved in writing and may incur additional charges.

·         If you have agreed to return the Equipment to us, or we are unable to pick-up the Equipment from you, late returns will be charged on a daily hire rate until the Equipment is returned or able to be collected.

·         Early return of Equipment will not entitle the Client to a refund or credit.

4. Booking, Deposit & Payment Terms

·         Bookings are confirmed only once a deposit (or full payment) has been received by us.

·         Remaining balances are due no later than 14 days prior to the commencement of the Hire Period, unless otherwise stated in the Invoice.

·         Failure to pay the Hire Fees by the due date may result in cancellation of your booking and full forfeiture of your deposit.

·         Payments can be made via bank transfer or other approved methods.

·         All prices are quoted in AUD and are valid for 30 days from the date of quotation.

·         A bond may be required to secure your booking. It will be refunded after return and inspection of the Equipment, less any deductions for expenses to rectify any loss or damage to the Equipment, or cleaning, each in our discretion and as further detailed in these Terms and Conditions.

5. Delivery, Setup & Pickup

·         We will only be responsible for delivery, set-up and pick-up of Equipment if agreed in writing between us and you.

·         Additional fees for delivery and pickup  are payable and are calculated based on location, access, and distance.

·         The Client (or an authorised representative notified to us prior to delivery) must be present at delivery to confirm delivery of all items of Equipment.

·         Delivery requires vehicle access within 50 metres of the setup location and a generally flat, stable surface.

·         Any stairs, slopes, narrow paths, or restricted access must be notified in writing at the quoting stage. Failure to do so will result in additional labour or setup fees.

·         Setup and pack-down are included for items delivered by Canopy Club Co. unless otherwise stated.

·         If the Client (or authorised representative, if applicable) is unavailable at the scheduled time for delivery, a re-delivery fee may apply.

·         Canopy Club Co reserves the right to refuse setup if the site is deemed unsafe or unsuitable.

6. Cancellations, Refunds & Changes

·         More than 14 days’ notice: Full refund of Hire Fees.

·         7–14 days’ notice: 50% refund of Hire Fees.

·         Less than 7 days’ notice: No refund; a partial credit may be offered at Canopy Club Co’s discretion.

·         Cancellations must be made in writing via email to our designated email address.

·         Date changes are subject to availability and may incur a rescheduling fee.

·         Refunds are not provided for weather-related cancellations by you unless otherwise agreed in writing.

7. Client Responsibilities & Use of Equipment

·         It is the Client’s responsibility to check the condition of all Equipment on delivery or collection.

·         The Client assumes full responsibility for the Equipment from the time of delivery or collection until it is returned to or collected by us.

·         Equipment must be used only for its intended purpose and capacity, and otherwise in a safe, proper and prudent manner, with due care. You acknowledge that you are aware of the intended purpose and capacity of the Equipment.

·         Umbrellas must be well secured to the provided bases and taken down during strong winds or bad weather.

·         Bars and furniture must be placed on flat, stable, and dry surfaces.

·         The Client must not modify or relocate the Equipment from the delivery site without our prior written approval.

·         Adequate supervision is required at all times whilst the Equipment is in the Client’s control or possession.

·         The Client must comply with all local council, venue, and safety regulations that apply to use of the Equipment.

8. Damage, Loss & Replacement Costs

·         The Client is liable for any loss or damage whatsoever to the Equipment from the time of delivery to collection, or pickup to return to us. This includes damage caused by negligence, misuse, weather, or vandalism, and accidental damage.

·         The Client is also liable for any non-return, theft or disappearance of the Equipment after pickup or collection.

·         The Client indemnifies Canopy Club Co for all costs and expenses in connection with: loss or damage to the Equipment from the time of delivery to collection until pick-up or return to us; and theft or disappearance of the Equipment.

·         Replacement or repair costs will be charged at current replacement/repair value as determined by us.

·         Canopy Club Co may withhold or deduct costs from the bond or charge additional fees as necessary.

·         Any damage or missing or broken items must be reported immediately after the event.

9. Cleaning Responsibilities

·         All Equipment must be returned clean, dry, and free of debris, sand, or liquids.

·         Professional cleaning fees will apply for items that are not returned in a clean state, including items that are dirty or wet.

·         These cleaning costs (e.g. for fabric umbrellas or bar surfaces) will be invoiced if required or deducted from the bond.

10. Weather & Safety

·         Some Equipment, particularly umbrellas, are not suitable for use in strong winds, heavy rain, or storms.

·         The Client must monitor weather conditions and take immediate precautions, such as lowering umbrellas or relocating the Equipment.

·         Canopy Club Co reserves the right to postpone or cancel hire if conditions are deemed unsafe.

·         Canopy Club Co accepts no liability for any damage or losses resulting from weather conditions.

11. Liability & Indemnity

·         Canopy Club Co is not liable (howsoever arising, including negligence) for any injury, loss, or damage arising from the use or misuse of the Equipment.

·         Equipment is hired and used at the Client’s own risk.

·         The Client indemnifies and holds harmless Canopy Club Co from all claims, damages, or expenses arising directly or indirectly from or in connection with the Equipment or hire or use of the Equipment, or these Terms and Conditions, including any third party claims for property damage, personal injury or death.

·         It is the Client’s responsibility to, at its expense, obtain all appropriate policies of insurance to fully protect against all claims including those relating to loss or damage. The Client is encouraged to obtain suitable event insurance or public liability cover for this purpose.

12. Ownership & Title

·         All Equipment remains the property of Canopy Club Co. at all times.

·         The Client must not sell, lease, sublet, subhire, pledge, or otherwise encumber the Equipment.

·         Canopy Club Co reserves the right to enter the delivery site or other premises to retrieve Equipment if you have not complied with these terms.

13. Photos, Marketing & Media Use

·         Canopy Club Co. may photograph or film installations for marketing or portfolio use.

·         The Client may opt out by requesting this in writing before the event date.

·         Any photos or videos shared by the Client that feature Canopy Club Co.’s products may be re-shared or reposted (with credit).

14. Site Access & Safety

·         The Client must ensure safe, clear, and level access for delivery, installation, and collection.

·         Hazards such as uneven ground, overhead obstacles, or unsafe weather must be disclosed.

·         Canopy Club Co reserves the right to refuse installation or retrieval if access or safety standards are not met.

·         Any delays caused by access issues may result in additional charges.

15. Force Majeure

·         Canopy Club Co. will not be held liable for any loss or damage suffered by you for our non-performance or delayed performance caused by events beyond our control, including natural disasters, adverse weather, accidents, pandemics, strikes, transport delays, or government restrictions.

·         In such cases, bookings may be rescheduled or partially refunded at Canopy Club Co’s discretion.

16. Termination of Hire

·         Canopy Club Co may terminate these Terms and Conditions immediately if the Client fails to make any payment or otherwise breaches any term.

·         Upon termination, Canopy Club Co may immediately retrieve all Equipment without notice.

17. General

·         This Agreement is governed by the laws of Western Australia and each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in Western Australia.

·         Any amendment to these Terms and Conditions must be in writing and signed by us and you.

·         We may exercise a right or remedy in any way we consider appropriate, and a delay in exercising a right or remedy does not mean that we waive that right or remedy, or cannot exercise it later.

·         These Terms and Conditions and the Order Form state all the express terms of the agreement between the parties in respect of its subject matter.

·         We need not incur any expense before enforcing a right of indemnity under these Terms and Conditions.