Poison Ivy Dress Hire Agreement

Customer Details

Customer Full Name: ________________________________________________________________

Customer Phone Number: ____________________________________________________________

Customer Email: ____________________________________________________________________

Customer ID Details and ID Type: _______________________________________________________

Customer Credit Card Details:

Name on card _______________   Credit Card Number _______________  EXP:__________________

Customer Signature: _________________________________________________________________

Hire and Item Details

Description of Item(s): _______________________________________________________ (the Item)

Deposit: ______________________________  Total Fee (including Deposit): ____________________

Hire Period: From __/__/20__  __:__ AM/PM (Start Date) to __/__/20__  __:__ AM/PM (Return Date)

Method of collection:                   Customer to collect from us at our address below.

Postage

Method of return:                         Customer to return to us at our address below.

• Postage

Please contact us at least 2 hours before you wish to collect or return an item from us.

Postage Fee:

Social Media Consent

The customer agrees that Poison Ivy Dress Hire :

• may use and exploit any photograph, recording, film and video in all media of me wearing the Item (Media) on Poison Ivy Dress Hires website and social media (including our Instagram and Facebook);
• may edit and make any changes to the Media that it wishes in its absolute discretion, including to not use the Media; and
• the Customer Releases Poison Ivy Dress Hire from any liability to’ Poison Ivy Dress Hire arising from any use of the Media.

Yes, I agree to the social media consent above.

No, I do not agree to the social media consent above.

Our Contact Details

Phone Number: 0450 687 800

Email: poisonivydresshire@outlook.com.au

Our address for collections and returns: 94 Promontory Parade, BALLAJURA WA 6066

Poison Ivy Dress Hire (us, we, our) agrees to hire the Item to the Customer (Customer, you, your) on the terms and conditions set out in this Hire Agreement. By signing this Hire Agreement and/or paying the Deposit or Total Fee to us, you accept or are deemed to have accepted the terms and conditions in this Hire Agreement.

• Bookings and Fees

1. Bookings for an Item can be made in person or by phone, SMS message or email.
2. We take bookings up to three (3) months in advance of the Start Date.
3. To secure a booking for an Item, you must:
   1. return a signed copy of this Hire Agreement to us;
   2. pay a deposit of 50% of the Total Fee (Deposit) or pay the Total Fee in full; and
   3. provide us with a copy of your Credit Card details.

1. By signing this Hire Agreement, you authorise us to deduct from your Credit Card:
   1. the Deposit when you return to us a signed copy of this Hire Agreement;
   2. the balance of the Total Fee (i.e. the Total Fee minus the Deposit) on or before the Start Date; and
   3. any other amounts payable by you under this Hire Agreement.

1. We must receive the Total Fee in cleared funds on, or before, the Start Date before we will hire the Item to you.
2. You agree that no credit or refund of the Total Fee is given for any part of the Hire Period where Item is not used for any reason or returned to us prior to the expiry of the Hire Period.
3. By accepting the terms and conditions in this Hire Agreement, you authorise us to charge the Credit Card identified above in accordance with this Hire Agreement. By accepting the terms and conditions in this Hire Agreement, you:
   1. warrant that you are authorised user of this Credit Card; and
   2. agree that you will not dispute the payment with your Credit Card issuer or bank, provided that the transaction corresponds to the terms and conditions in this Hire Agreement.
4. If we do not receive payment from your Credit Card provider or if your Credit Card has expired or is rejected, you agree to pay all amounts due upon demand. If any monies payable remains unpaid by you after 7 days from the date of demand, you authorise us to charge any outstanding fees and other amounts due to us in accordance with this Hire Agreement against any credit card you have on file with us, including but not limited to the Credit Card, which details are specified above.
5. Postage Fee is according to garment and is a fee on top on hire price.

• Cancellation

1. To cancel your booking, you must contact us by our phone number or email address indicated above.
2. If the Item is faulty, you must contact us within 2 hours of the time you receive or pick up the Item and we will arrange for an exchange for a comparable or similar item (subject to availability), or refund any fees paid by you, as determined by us in our absolute discretion.
3. You agree that we reserve the right to cancel a booking, without any liability to us, at short notice for any reason whatsoever. Reasons for cancellation may include (but are not limited to) an Item not being available or damage to an Item. We endeavor, but are not obliged to, provide as much notice as possible if we need to cancel a booking at short notice.
4. In the event of a cancellation by us, we offer a full refund of the Total Fee or the option to change the booking to another comparable or similar Item (subject to availability).

• Dry Cleaning

1. We will dry clean the Item after the Hire Period when the Item is returned to us. We use experienced dry cleaners that are familiar with the care instructions for the Item.
2. You must not to attempt to clean the Item. If you attempt to clean the Item and it results in damage to the Item as reasonably determined by us, the cost of:
   1. rectifying such damage (if it is possible to rectify the damage); or
   2. replacing the item (if it is not possible to rectify the damage) – see Item 4(c) for how replaceable value is assessed.

will be payable by you. We will inform you of the amount. You agree that such amount may be deducted by us from your Credit Card.

• Your Obligations

1. We expect our Customers to take good care of the hired Item. However, it is possible some wear may occur. However, if, acting reasonably we determine that unacceptable damage has occurred to an Item while it was hired by you, we will tell you and the cost of:
   1. rectifying such damage (if it is possible to rectify the damage); or
   2. replacing the item (if it is not possible to rectify the damage) – see Item 4(c) for how replaceable value is assessed.

will be payable by you. We will inform you of the amount. You agree that such amount may be deducted by us from your Credit Card.

1. Clients must acknowledge the garments are pre-loved items from previous hires and may have wear and tear, and minor faults. 
2. If the Item is lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of you then you must pay for replacement of the Item. You agree that in assessing the replaceable value, we will take into account: the demand of that Item in the market, the availability to re-purchase that Item in the market and the condition of the Item.
3. You must at all times while during the Hire Period:
   1. retain possession and control of the Item;
   2. keep and maintain the Item in good condition;

• protect the Item from theft, seizure and loss;

1. must not repair, alter, tamper with, damage or modify the Item in any manner including the removal, obscuring or modification of, or addition to, all or any part of the Item instructions, labels, trade marks or other markings; and
2. must not sell, offer for sale, part with possession of, mortgage, assign, transfer, charge, encumber or otherwise deal with the Item.

1. You acknowledge and agree that:
   1. you are responsible and liable for any loss or damage to the Item however occasioned;
   2. without limiting our rights or remedies under this Hire Agreement and in addition to any specific provisions in this Hire Agreement, you agree that we may debit your Credit Card for the cost of any loss or damage to the Item however occasioned as set out above; and

• if you fail to perform or comply with the terms of use in this clause 4, we may terminate this Hire Agreement.

• Collecting and Returning the Item

1. The Hire Period commences on the Start Date and expires on the Return Date.
2. You must return the Item to us on the Return Date, unless other arrangements have been made and approved by us prior to the Return Date.
3. Collecting the Item
   1. If you select the option of collecting the Item from us, you may collect the Item from us on the Start Date. You must contact us via our phone number or email indicated above at least 2 hours before you wish to collect the Item from us.
   2. If you select the option of having the Item posted to you, an additional fee may apply. We will endeavour to inform you of any additional fees payable prior to posting the Item to you.
   3. The client shall inspect the Garment on Collection and if a fixable fault we will endeavour to fix it straight away. 
4. Returning the Item
   1. To return an Item by dropping off to the Item to us, you must notify us via our phone number or email indicated above at least 2 hours before your intended return day and time.
   2. If you select the option of posting the item to you, an additional fee will apply.
5. Late returns attract a late fee of 20% of the Total Fee for each day late after the Return Date. Late fees may be charged to your Credit Card every day until the Item is returned.
6. If you have not returned the Item within 7 days after the Return Date, we will consider the Item as non-returned and we will charge your Credit Card 100% of the recommended retail price of the Item minus the Total Fee that you have already paid.

• Refund

1. Once you have paid a deposit (full or part payment)  and you cannot attend an event or have a change of mind, we can swap the gown to another one but we DO NOT give refunds.  
2. A 12 MONTH CREDIT WILL BE ISSUED

• Liability

To the extent permitted by law:

1. The Item is/are provided ‘as is’ without warranty of any kind.
2. We exclude all warranties whether express, implied, statutory or otherwise relating in any way to the Item and/or any other subject matter of this Hire Agreement. Nothing in this clause restricts or modifies any right of remedy you may have under the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
3. You use and possess the Item entirely at your risk and you agree that we are not responsible or liable for any loss or damage as a result of the hire or use of the Item by you. To the extent permitted by law, you release and discharge us from:
   1. all claims and demands on us; and
   2. any loss or damage whatsoever and whenever caused to you

arising directly or indirectly from or incidental to any deficiency in any Item, any accident to or involving any Item which may occur.

1. For any loss or damage which cannot otherwise be excluded, our liability for any loss or damage which you or any third party suffers arising from, or caused or contributed to by, our negligence, is limited to the fees paid by you under this Hire Agreement.
2. Neither party is liable to the other for any indirect or consequential loss or special damage incurred by the other party under or in relation to this Hire Agreement.

• Termination

1. We may terminate this Hire Agreement at any time without liability to you if:
   1. you fail to pay the Deposit, Total Fee or other fees payable under this Hire Agreement;
   2. you breach any term of this Hire Agreement;

• you fail to perform or observe any of the undertakings or provisions of this Hire Agreement on your part to be performed or observed;

1. you become bankrupt, insolvent, or are placed into liquidation, administration or receivership or pass away.

1. You agree that if we terminate this Hire Agreement
   1. we may repossess the Item; and
   2. you are not entitled to a refund of all or any part of the Total Fee including the Deposit.

• General

1. We retain legal and beneficial title to the Item notwithstanding the possession and use of the Item by you during the Hire Period.
2. Any description, illustration, image or other depiction of the Item contained in our marketing material, catalogues, quote or advertising is for illustrative purposes only and does not form part of this Hire Agreement
3. Nothing contained or implied in this Hire Agreement will be deemed or construed to create the relationship of partnership, of principal and agent, of joint venture or any fiduciary relationship between us and you
4. You agree to promptly do all further acts and deliver all further documents required by law or reasonably requested by us to give effect to this Hire Agreement
5. This Hire Agreement may not be varied unless otherwise agreed between the parties in writing.
6. Not exercising any right, remedy or power it may have under this Hire Agreement does not waive any right a party may have to exercise any such right, remedy or power it has under this Hire Agreement.
7. This Hire Agreement will be governed by the law of Western Australia and the parties submit to the exclusive jurisdiction of the courts of Western Australia in respect of any proceedings in connection with this Hire Agreement.
8. Any part or provision of this Hire Agreement which is invalid, void or unenforceable is to be read down or severed, and the rest of the Hire Agreement applies in full force and effect.
9. We reserve the right to take all steps necessary to collect amounts due from you, including, but not limited to, legal action. You are liable for our reasonable costs including the cost of any bank fees for dishonoured amounts, collection agency, or other legal or accounting costs incurred in the collection of overdue amounts from you.