Spas – Cold Plunge – Saunas infrared

CONDITIONS OF HIRE AGREEMENT  

1. Definitionsa) The ‘BUSINESS’ means ‘Spa Hire Queenstown’b) The ‘HIRER’ means any person, organization or entity that hires equipment from the Businessc) ‘EQUIPMENT’ means the Spa and associated equipment hired by the Business to the Hirerd) ‘COMMENCEMENT OF HIRE’ is the date on which the equipment was dispatched to the Hirere) ‘HIRE PERIOD’ or ‘DURATION OF HIRE’ is the period from Commencement of Hire until the equipment is available forcollection by the Businessf) ‘HIRE AGREEMENT’: These Conditions of Hire together with a completed hire form constitute the entire agreementbetween the Business and the Hirer2. Generala) The Hirer acknowledges that the hire of any equipment from the Business is subject to these Conditions of Hireb) These Conditions of Hire prevail absolutely over all terms & conditions proposed by the Hirer and can only be waived orvaried in writing by an authorized representative of the Businessc) If any term or condition of the agreement is found to be void or unenforceable by law then the invalidity orunenforceability of the individual term or condition will not affect any other term, condition or aspect of the agreementd) Equipment hired by the Business does not purport to be new equipmente) For the purpose of inspection the Business reserves the right to enter upon any premises where its equipment is on hiref) The Hirer shall in addition to any other obligation on his part herein contained comply with all requirements at lawrelating to the equipment, their possession and use and the premises upon which they are for the time being situated andthe occupation and use of such premises and the Hirer shall protect the equipment from any distress , execution or seizureand shall indemnify the Business and keep it indemnified from and against all losses, costs, charges, damages andexpenses suffered or incurred by it by reason or in respect thereof.g) The business will not be held responsible or liable for any cost or damage caused by manufactures fault3. Paymenta) Payment of the hired equipment will be made based on the charges quoted and/or agreed uponb) The Hirer is liable for any expenditure, damage or loss incurred arising from repossession (in case of the Hirer refusing tohand over the Equipment)c) The Hirer agrees to indemnify and keep indemnified the Business against any costs incurred by the Business in connectionwith the termination of the agreement including without limitation, legal fees on an indemnity basis and debt collectionagency fees4. Ownership & Right of Possessiona) Equipment on hire from the Business remains the property of the Business at all times.b) The Business may repossess any equipment on hire from the Hirer at any time without notice or reasonc) For the purpose in (b) above a representative of the Business is authorized & entitled at any time and without notice toenter the Hirer’s premises where the equipment is reasonably believed to be kept without liability for trespass or anyresulting damage5. Damage or Lossa) The Hirer will be charged for any repair or replacement of damaged equipment including recertification and/orcommissioning of the replacement equipment and any other associated costs (i.e. freight etc.)b) The Hire Period will continue until any damaged equipment is replaced or repaired to a hireable conditionc) In the case of theft of equipment from the Hirer’s address the Hirer shall promptly and in writing make the Businessaware stating full circumstances of the theft including details of notification of Policed) The Hirer is responsible for any loss or damage of equipment6.1 The Hirer’s Responsibilitya) The Hirer shall at all times use the hired equipment within the hired equipment’s limitations, specifications andcapabilities intended by the manufacturer of the equipmentb) If the hired equipment breaks down or fails the Hirer shall immediately inform the Business as soon as practicable withoutany attempt to repair the equipment.c) If the hired equipment fails or breaks down out of negligence or misuse of the equipment by the hirer the hire chargeswill only cease once the hirer has paid for all repairs or replacement of the equipmentd) The Hirer shall ensure that the Equipment to be collected by the Business shall be in a clean and good order (fair wear andtear excepted) Failure to do so may result in additional charges being charged to the Hirer on returne) The Hirer shall not use or operate or permit the equipment to be used or operated in a manner or for a purpose forwhich the equipment was not designed or manufactured or for a purpose that is unlawfulf) The hirer is responsible for the safety of his/her family members or guests and it is the hirers legal responsibility to ensure the spais kept locked at all times when not in use. Children must be supervised at all times and the spa must be kept clear of any climbableitemsg) The hirer is responsible for the safekeeping and use of the chemical (Chlorine) sachets provided and understands the potentialdangers associated with this chemical. The business has provided the hirer – upon request – with a Chlorine SAFETY DATA SHEET.6.2.1The Hirer shall use operate and possess the equipment at the Hirer’s risk and the Business and/or its proprietors shall not beliable to the Hirer (except to the extent that liability cannot, by law, be excluded) for or in respect of any loss or damagewhatsoever caused to the Hirer, his/her family members or guests whether by way of personal injury, delay, financial loss orotherwise arising from or incidental to a breakdown or defect in or any accident arising from the equipment and the Hirer shallindemnify the Business and its Proprietors jointly and severally and keep them indemnified to the full extent permitted by lawfrom and against actions, proceedings, claims and demands by any person whatsoever whether in respect of damage toproperty, injury to persons or otherwise arising out of or alleged to arise out of a breakdown or defect or any accident to or inrespect of the equipment or the use or operation thereof6.2.2The Hirer hereby indemnifies the Business and its Proprietors jointly and severally and keeps them indemnified from andagainst any such action, suit, proceeding or demand instituted or made against the Business and/or its Proprietors jointly orseverally and resulting from or alleged to result from the operation or use of the equipment by or on behalf of the Hirer.7. The Business’s Responsibilitya) The Business shall provide the hired equipment in what it believes to be a clean, sound and serviceable condition, capableof achieving the item’s stated capacity under normal working conditions.b) The Business will provide a USER GUIDE and a SAFETY DATA SHEET for the equipment hired at the commencement of hire.c) The Business will provide the terms and conditions to the Hirer.WARNING! The use of alcohol, drugs or medication before or during spa use can greatly increase the risk of fatal hypothermia.Please take the time to read through our safety warnings, located in the SPA USER GUIDE & SAFETY DATA SHEET. The effectsof hypothermia include (1)failure to perceive heat, (2)failure to recognize the need to exit spa, (3) unawareness ofimpending hazard, (4) foetal damage in pregnant women, (5)physical inability to exit spa and (6) unconsciousness resultingin the danger of drowning. So Please be careful! Since excessive water temperatures have a high potential for causingfoetal damage during the early months of pregnancy, pregnant or possibly pregnant women should limit spa or hot watertemperatures to 38 degrees C. Persons suffering from obesity with a medical history of heart disease, low or high bloodpressure, circulatory system problems, or diabetes should consult a physician before using a spa. Persons using medicationshould consult a physician before using a spa since some medication may affect heart rate, blood pressure, and circulation.WARNING – CHEMICALS PROVIDED (CHLORINE).Each hire is provided with a daily chemical balance sachet (chlorine). Chlorine is a potentially dangerous chemical if misused. It is theHirers responsibility that the chemicals are kept in a safe and dry environment, out of the reach of children. Please read the SAFETYDATA SHEET and the SPA USER GUIDE at the commencement of the hire.Termsa) Hire Period commences and finishes within the agreed dates.b) The Hirer agrees to maintain spa & filter for the duration of hire as per instructions provided in the SPA USER GUIDE.c) The Hirer has read and understand their responsibilities and requirements with regard to the use of chemicals (chlorine) providedand has either requested the Chlorine Safety Data Sheet or has acquired sufficient knowledge about the use of chlorine from othersources.d) The Hirer has read these terms and conditions and understands his/her responsibilities with regards to safety.e) The Hirer agrees to place a $500 security deposit before the Hire Period can commence. Given the spa has not been damagedduring the Hire Period the deposit will be refunded upon the conclusion of Hire Period.In making payment or in providing Spa Hire Queenstown with the Hirers credit card details the Hirer has read and agrees to theterms and conditions stated above.SPA HIRE QUEENSTOWN does not recommend the consumption of alcohol in conjunction with the use of spa.PLEASE NOTE an additional filter replacement and cleaning fee of $75 will be charged to the Hirer if the spa requires more than thereasonable cleaning time allocated per hire. To avoid this fee ensure you follow the provided SPA USER GUIDE.