TERMS AND CONDITIONS
EQUIPMENT LOAN AGREEMENT
The document (the “Equipment Loan Agreement”) is a legally binding contract which regulates your use of the equipment lent by us (Mummy-made Magic via our sister company Camp Calderwood). You should not proceed with the Equipment Loan Agreement or accept any equipment lent by us if you do not understand it or do not agree to it. By paying a deposit and proceeding with the Equipment Loan Agreement, you agree to the below information and that you are over the age of 18 years old.
Booking and Payment
You may make a booking with us verbally or in writing, however, please be aware that the booking is not secured until we have received the initial deposit from you. We reserve the right to cancel your booking and make bookings with other clients for the time and date of your booking until we have received this deposit. Please note: the Initial Deposit is non-refundable unless your booking is cancelled by us for reasons other than your breach of this Equipment Loan Agreement. In the case of extreme weather conditions out of our control alternative options will be made available whether that is change to Equipment or change to date/time.
You agree to pay us the Remainder Payable at least 7 days in advance of the delivery date/time. If you fail to make prompt payment we reserve the right to cancel your booking and will retain the Initial Deposit.
Whilst you are in possession of the hire equipment we also ask for a holding security deposit of £30. The security deposit is refundable once the equipment has been collected undamaged and fully tested. (Normally within 48 hours).
Cancellation
If you cancel your booking for any reason, we shall retain the Initial Deposit as this is non-refundable.
If you cancel your booking within 7 days preceding the delivery date, you will also be responsible to pay us as Cancellation Fee. This will vary depending on the size of the booking. The Cancellation Fee should be paid to us at the time of cancellation.
Final numbers and choices must be confirmed at least 7 days prior to the date of the booking. Any booking reductions after this time will still be charged for at the previous rate, with no refunds due.
We reserve the right to terminate this Equipment Loan Agreement immediately on written or verbal notice without refund in the event of any breach of this Equipment Loan Agreement by you. In the event of such termination, you shall immediately return to us any equipment supplied to you.
Our Obligations
In exchange for the total fee, we shall:
- lend you the Equipment on these terms and conditions
- ensure that the Equipment is supplied to you in good, clean and working condition
- deliver the Equipment to the delivery location at the delivery time
- collect the Equipment from the delivery location at the return time.
For the avoidance of doubt, we retain ownership of the Equipment while it is in your possession.
It is not our intention to violate any copyright laws and all themes are only inspired by popular trends.
Your Obligations
By signing the Equipment Loan Agreement, you agree that you shall use the Equipment only in accordance with these terms and conditions and follow any instructions we provide to you on or before delivery of the Equipment. You also agree that you are responsible for the safe use of the Equipment.
In particular, you shall ensure that the Equipment:
- is used solely for its intended purpose at the delivery location
- will fit and can be safely transported to the delivery location
- is kept in your possession and control at all times
- is not sold, sub-let, assigned or otherwise transferred to anyone else
- is kept in good condition and repair and iis not modified in any way
- is stored safely when not in use
You shall ensure that all users of the Equipment:
- are supervised at all times
- are safe regarding child welfare and allergies
On this note: You are responsible for providing us with all relevant medical/dietary information for all the children attending the party. We will take no responsibility for allergies (including skin, food, materials etc) where we have not advised in advance of the condition. We are likewise not responsible at any point, for the welfare of the children at the parties, which remains your full responsibility.
We use high quality products and follow strict hygiene routines. Liability cannot be taken for reactions or injury sustained whilst attending a party or thereafter. All persons using the equipment do so at their own risk and you are responsible/liable for any damage or injury occurring from or as a result of inappropriate use or misuse or reckless use.
You shall also ensure that:
- no gum, smoke, chemicals, pets, paints, non-washable ink-based products, non-water based facepaint or sharp objects come into contact with or are permitted in the vicinity of the Equipment
- no heat/fire sources (including, without limitation, cigarette, BBQs, fires and heaters) come into contact with or are permitted in the vicinity of the Equipment
- all use of the Equipment is supervised by an appropriate adult
- the Equipment is not used or supervised by any person under the influence of drugs or alcohol
- no person who is feeling unwell or uses the Equipment
Note for Teepee Hire: Each mattress is c.140cms long, 70cms wide. The width of each tent frame with the mattress inside is a minimum c.120cms wide and a length of c.120cms. Please ensure you have sufficient space for all tents prior to booking as refunds will not be given in the event that there is not.
Note for Bell Tent Hire: Each mattress is c.190cms long, 76cms wide. The 4m bell tents require a minimum of 5.5m x 5.5m to assemble, the 3m bell tents require a minimum of 4.5m x 4.5m to assemble. The Bell Tents should not be erected near overhanging trees or branches and must be erected in line with the manufacturers instructions. Please ensure you have sufficient space prior to booking as refunds will not be given in the event that there is not.
Note for Self-Set-up: self-set up comes with the responsibility that you will ensure items are set up safely and without risk – such as clear entrances and exits from rooms and distance from heat sources. We will not be liable where it is user error and not the hired product at fault.
By making use of the Equipment, you agree that it was supplied to you in good, clean and working condition. You are responsible for any safety or other inspections reasonably required for the use of the Equipment at the delivery location. It is your responsibility to ensure the suitability of the location. By using the Equipment at the delivery location, you agree that you are satisfied with the delivery location’s suitability for safe usage of the Equipment.
Equipment maintenance and return
You must ensure that any persons collecting the Equipment from you are representatives of Mummy-made Magic (Camp Calderwood) by requesting they confirm the Booking Reference.
You shall return the Equipment to us in substantially the same condition it was in when you received it. You assume sole responsibility for any loss of or damage to the Equipment (including, without limitation, any stains, marks or other uncleanliness) that occurs between the delivery time and our inspection of the Equipment following its return to us (both at the delivery location and back at our premises). If, during such time, the Equipment is damaged (save for fair wear and tear), becomes unclean, or is not returned to us at the delivery location at the return time, you will be responsible to us for the cost of any repair, cleaning and/or replacement that we, acting reasonably, deem necessary. Your responsibility extends to any delivery or carriage costs incurred in such repair, cleaning and/or replacement. Where the cleaning is carried out by us, we will charge you £30 per hour for cleaning time. If any stain, mark or other uncleanliness is not capable of remedy, we reserve the right to charge you for replacement of the affected Equipment in addition to the costs of the attempted cleaning.
Liability
To the fullest extent permitted by law, you are responsible for all use, handling and storage of the Equipment occurring between the delivery time and the time the Equipment is returned to us. In particular, you agree that you shall be fully responsible for: any injury to you, any injury to any third party and any loss of or damage to any equipment.
You shall indemnify us in full in relation to any costs, losses and liabilities incurred by us or on our behalf arising out of or in connection with any failure by you to comply with these terms and conditions.
TO THE FULLEST EXTENT PERMITTED BY LAW:
- EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS, WE MAKE NO WARRANTY OR UNDERTAKING IN RELATION TO THE EQUIPMENT AND, WE EXCLUDE ANY IMPLIED WARRANTIES. WE EXCLUDE OUR LIABILITY ARISING FROM OR IN CONNECTION WITH ANY USE, HANDLING AND STORAGE OF THE EQUIPMENT BETWEEN THE DELIVERY TIME AND THE TIME THE EQUIPMENT IS RETURNED TO US; AND THE DELIVERY LOCATION.
- WE SHALL NOT BE LIABLE FOR ANY INDIRECT DAMAGES OR LOSSES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS, OR LOSS OF OPPORTUNITY.
- WE SHALL NOT BE LIABLE FOR ANY DIRECT LOSSES ARISING IN CONNECTION WITH THE EQUIPMENT, THE DELIVERY LOCATION OR THE EQUIPMENT LOAN AGREEMENT.
Nothing in this Equipment Loan Agreement shall limit either party’s liability for death or personal injury caused by their own negligence, or for any other liability which cannot be limited or excluded by law.
Miscellaneous
These terms and conditions are to be governed by, and construed in accordance with, Scots law. As far as practicable, the parties submit to the jurisdiction of the Scottish courts.
No information included in any booking form or communication will be disclosed to any third party.
It is your responsibility to inform guests using the equipment of the above terms and conditions.