Terms and Conditions
IMPORTANT:
By entering into a hire agreement with Adelaide Fitness Hire, you are committing to the full term of the contract agreed upon at the commencement of hire. If the hirer breaks or terminates the contract for any reason prior to the end of the agreed hire period, the contract must be paid out in full. This applies in all circumstances without exception.
All commercial hire agreements have a strict minimum term of 52 weeks. By proceeding with a commercial hire, you acknowledge and accept that you are legally bound to the full 52-week minimum period, and that early termination will result in a requirement to pay the remaining balance in full.
Each hire contract applies to a specific item and cannot be transferred, swapped, or exchanged for a different item at any time during the contract term.
Recitals:
R1. The owner is the proprietor of the Fitness Equipment(“equipment”) listed in the schedule to this Agreement. (“schedule”).
R2. The hirer will hire the equipment specified in the schedule from the owner upon the terms and conditions in this Agreement.
Operative Part:
1. Hire of Fitness Equipment
1.1 The hiring of the equipment will commence from the commencement date specified in the schedule.
1.2 The hirer is entitled to use the equipment for the hire period and for any agreed extension of the period.
1.3 The hirer agrees to advise the owner for pick up on or before the end of the hire period as outlined in the schedule.
1.4 The owner will not refund any hire charge monies if the hirer elects to return the equipment prior to the end of the hire period, regardless of reason. The Hirer is contracted to pay the remaining balance of the contract in 1 transaction at the time of termination.
2. Payment for rental (Including Direct Debit)
2.1 The hirer agrees to pay the owner the hire fee specified in the schedule for the equipment for the hire period, which includes any applicable GST, if a hire charge is applicable.
2.2 The hirer agrees to allow for a recurring credit/debit card payment to be taken without notice at every interval (weekly/monthly) of the contract.
2.3 The hirer agrees to allow Adelaide Fitness Hire to charge the credit card on file with any outstanding debt after the due date of payment unless agreed otherwise or in consultation between both parties.
2.4 The hirer agrees that if payment is not received by the due date, a late payment fee will apply as follows: $25 for domestic customers, and $45 for commercial customers. These fees represent a genuine estimate of administrative costs incurred due to late payment and are not considered penalties. The late fee will be added to the outstanding balance and is payable immediately. Continued non-payment may result in further action, including debt recovery proceedings, and any additional costs incurred may be charged to the hirer.
3. Use, operation and maintenance
3.1 The hirer agrees that the use of the equipment carries with it dangers and risks of injury and the hirer agrees to accept all dangers and risks.
3.2 The hirer agrees to operate, maintain and store the equipment strictly in accordance with any instruction provided by the owner, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations whether supplied by the owner or posted on the equipment as to the operations, maintenance and storage thereof.
3.3 The hirer agrees to comply with all occupational health and safety laws relating to the use of the equipment and related operations. MOST NOTABLY, keeping a minimum of 1M clear space at the back of a treadmill.
3.4 The hirer shall ensure the equipment is returned to the owner in a clean condition.
3.5 In the event that these requirements are not complied with the hirer shall pay Adelaide Fitness Hire reasonable costs of compliance with these requirements.
3.6 All safety stickers must remain on the hired unit and are not to be tampered with or removed by the Hirer.
4. Hirer’s warranties
The hirer warrants that:
4.1 The equipment will be used in accordance with the conditions outlined in the schedule;
4.2 The particulars in the schedule are correct in every aspect and are not misleading in any way including, without limitation, by omission;
4.3 The equipment will not be used for any illegal purpose;
4.4 The hirer will not, without prior written consent of the owner, modify, or permit any modification of, the equipment in any way; and
5. Indemnity
5.1 To the full extent permitted by law the hirer releases, discharges and indemnifies the owner from all claims and demands on the owner arising out of or consequent on the use or misuse of the equipment during the hire period.
6. Loss, damage or breakdown of Fitness Equipment
6.1 The hirer will be responsible for any loss or damage to the equipment, the user and any property, irrespective of how the loss or damage occurred (fair wear and tear excepted) during hire period.
6.2 If there is a breakdown or failure of the equipment then the hirer shall inform Adelaide Fitness Hire and the equipment will be fixed at the expense of Adelaide Fitness Hire, unless willful damage has occurred.
7. Insurance
7.1 The hirer will be responsible for any equipment stolen from their premises whilst on hire.
7.2 The hirer will be responsible for any equipment damage as a result of exposure to fire, water or other weather event.
7.3 The hirer will be responsible for any equipment damage due to accidents of any nature.
8. Liability
8.1 The hirer will assume all risks and liabilities for and in respect of the equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the hirer’s possession, use, maintenance, repair or storage of the equipment.
8.2 It is the hirer’s responsibility to obtain medical clearance from a professional prior to exercising. Adelaide Fitness Hire will not be held responsible for any pre-existing or unknown medical condition that causes injury or death.
9. Disclaimer
9.1 To the extent permitted by law the owners disclaims all liability for and does not give any warranties to the hirer as to the condition of the equipment.
10. Title to goods
10.1 The hirer acknowledges that the owner retains title to the equipment and that the hirer has rights to use the equipment only. The hirer does not have any right to pledge the owners credit in connection with the goods and agrees not to do so.
10.2 The hirer agrees not to relocate, sell, let, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to part with the hired equipment.
10.3 The hirer agrees not to alter, make additions, repair or service the hired equipment.
11. Repossession
11.1 The owner may retake possession of the equipment if the hirer breaches any provision of this agreement, notwithstanding anything else herein contained.
11.2 If repossession takes place, the owner will charge the full term of the hire fee. The hirer will also be liable for the cost of repossessing the equipment.
12. Completion of the hire period
The hire period is completed when the equipment has been returned to the owner in the same condition as when it was hired, and, on or by the date and time outlined in the schedule.
13. Non-merger
13.1 The covenants, agreements and obligations contained in this agreement will not merge or terminate upon the termination of this agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
14. Severance
14.1 If any provision of this agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be constructed as if that provision or part of a provision has been severed from this agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.
15. Interpretation
In this Agreement, unless the context otherwise requires:
15.1 A reference to the singular includes the plural and vice versa;
15.2 A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assigns, and where applicable, its servants and agents;
15.3 A reference to an individual shall include corporations and vice versa; and
15.4 If a word or expression is defined, its other grammatical forms have a corresponding meaning.
15.5 In this Agreement, headings are for convenience only and do not affect interpretation.
Executed as an Agreement