Superheroes Pty Ltd – Terms and Conditions
Note: All bookings secured with a deposit are considered as acceptance of the terms and conditions below and form a contract between Superheroes Pty Ltd – ABN 87137536595 – and the client. In the event that Superheroes does not request a deposit be paid (see 2.2) the terms and conditions herein will be considered accepted upon confirmation of the booking, unless Superheroes is otherwise advised.
“Entertainer” means roaming entertainers, birthday party hosts, face painters, balloon sculptors, musicians, and any other person engaged to provide entertainment services for or on behalf of the business Superheroes, ABN 26372089636.
“Client” means any individual, business, association, organisation or other entity engaging the services of Superheroes Pty Ltd for public or private parties, functions or other events.
“Superheroes” means the business Superheroes Pty Ltd – ABN 87137536595.
2. DEPOSITS AND PAYMENTS
2.1. Superheroes will provide to the client notification of the total booking amount prior to payment of a deposit. Any additional requests made by the client following payment of the deposit may result in an increase of the original booking amount.
2.2. A minimum non-refundable deposit of $50 must be made by the client to Superheroes within 7 days of booking the event, and no less than 3 working days prior to the event, unless otherwise agreed between the client and Superheroes.
2.3. The balance is due by close of the event unless otherwise agreed between Superheroes and the client.
2.4. Payment may be made via cash. No credit card facilities are available. Where payment is not made on the day of the event, we reserve the right to charge any outstanding amount to your credit/debit card.
3. CANCELLATIONS AND REFUNDS
3.1. Superheroes agree, where possible, and subject to Superheroes discretion, to re-schedule event bookings where illness or unexpected events prevent the client from keeping the original booking. Re-scheduling of events will attract a fee of 50% of the original booking amount.
3.2. Cancellations without rescheduling to an alternative date will attract the following charges:
3.2.1. 14 days or more prior to the event – the client agrees to forfeit the deposit;
3.2.2. 13 to 3 days prior to the event – the client will pay to Superheroes a cancellation fee of 20% of the original booking amount, and forfeits the deposit;
3.2.3. 2 – 3 days prior to the event – the client will pay to Superheroes a cancellation fee of 50% of the original booking amount, and forfeits the deposit; and
3.2.4. Within 24 hours of the event – the client will pay to Superheroes a cancellation fee of 70% of the original booking amount, and forfeits the deposit.
4. LIMITATIONS ON LIABILITY
4.1. Superheroes will not be held responsible for the behaviour of any child or other person attending at the client’s event.
4.2. Superheroes reserves the right to cease entertainment at the discretion of the entertainer, if behaviour of any child or event guest becomes unacceptable, or if there is any unreasonable risk of harm to the entertainer, other children or event guests.
4.3. The client agrees that the client, or such other nominated adult, will remain present for the duration of the event, and will be responsible for the supervision of the event, and that Superheroes will be advised of that supervising adult / responsible person prior to the commencement of entertainment.
4.4. The client agrees that Superheroes will not in any way be liable to the client or any other person for any damage, loss or injury suffered by the client or any other persons while participating in the event, however such damage, loss or injury, may be caused, whether by our act, default, omission or negligence and the client agrees to indemnify Superheroes in respect of such injury, loss or damage.
4.5. The client acknowledges that Superheroes makes no representations to the client as to the suitability of the venue at which the client requests the entertainment be provided, or any equipment used during entertainment, and the client agrees to indemnify Superheroes in respect of any injury, loss or damage suffered as a result of any defect, malfunction or other fault in any venue or equipment used.
5. SPECIAL REQUIREMENTS
5.1. The client agrees to notify the entertainer of any special requirements of any child or event guests including, but not limited to allergies or other health issues which may affect the entertainment we choose to provide, and the client agrees to indemnify Superheroes in respect of any claim which may arise as a result of your client’s misrepresentation or failure to make such a disclosure.
5.2. The client agrees that while Superheroes may assist by making arrangements for hire or provision of other equipment such as Bouncing Castles, helium balloons, etc., Superheroes will not enter into contracts on behalf of the client and will require that the client contract independently with any other third party when any additional equipment or services are required. In the event that Superheroes enters into any such contract on behalf of the client, the client agrees to indemnify Superheroes in respect of any injury, loss, or damage suffered by any child or event guest in relation to such equipment.