Terms & Conditions

TERMS & CONDITIONS

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HIRE TERMS

Customer Health & Safety

All equipment provided by Budget Gym Hire(BGH) (the “equipment”) to the renter is used at the renter’s own risk. Before using any fitness equipment, or starting any programs of strenuous exercise, please consult your physician. The customer further acknowledges that while the functions and attributes of the equipment may be explained by BGH to the customer that in no way has BGH recommended the suitability of this equipment for the customer and that this advice needs to be acquired from a medical practitioner.

By entering into this agreement the renter is agreeing to waive certain legal rights, including the right to sue Budget Gym Hire and each of its directors, officers, employees, representatives and agents (collectively, “Budget Gym HIre”).

Assumption of Risk

By entering into this agreement, the renter hereby acknowledges that:

a) the use of the equipment exposes the renter to certain risks and hazards;

b) as a result of the aforesaid risk and hazards, the renter may suffer serious personal injury or bodily harm;

c) the renter nevertheless freely and voluntarily assumes all of the aforesaid risks and hazards, and the possibility of serious personal injury or bodily harm resulting therefrom, and that the use of the equipment shall be entirely at the renter’s own risk;

d) Budget Gym Hire does not assume any responsibility whatsoever for the renter’s safety in connection with the use of the equipment; and

e) by entering into this agreement, the renter will be forever prevented from suing or otherwise claiming against Budget Gym Hire for any loss or damage connected with any personal injury, bodily harm or other adverse consequence sustained or experienced by the renter.

Condition of Equipment BGH exercises precaution in keeping our equipment in good condition and in correct working order prior to the usage of the equipment by the customer. The customer undertakes to return the equipment to BGH in the same condition it was at the effective date of renting. Normal wear and tear is expected and accepted by BGH. All equipment lost or damaged beyond repair shall be paid for by the customer at the price the equipment was being sold for at time of renting. All damaged equipment which may be repaired will be repaired by BGH and the customer shall pay for the cost of such repairs.

Customer Possession of Equipment

The customer assumes all responsibility for the equipment while out of the possession of BGH. The customer shall be liable for any loss, theft, damage, or destruction of the equipment regardless of who uses the equipment. The equipment shall be at the risk of the customer from the time of delivery into the possession of the customer and until collection by BGH.

Rental Charges

Rental charges will apply to any equipment not returned on the due date without prior arrangement. These charges will be at the set standard weekly rate for the item of equipment concerned.

Payment Default

In the event of the customer being in default of payment of any rental charges, or BGH deems the contract void, or payment default by the customer of any other charges of fees or any condition hereof, BGH shall be entitled to forthwith rescind this agreement, with 48 hours notice to the customer, and shall then be immediately entitled to retake possession of the equipment.

Rent Commencement

Scheduled rental rates begin when the customer takes possession of the equipment.

End of Rental Payments

Rental payments end on the last day of the rental.

Renewing the Agreement

At the end of any period of rental in respect of which BGH has received payment from the customer, the customer will have the option to re-rent the equipment at the same rental rate & duration, provided that option must be exercised and further rental charges paid to BGH before the expiry of the paid period of rental and provided that any such further rental shall in all respects be subject to the conditions of the contract as expressed in this document. Exercise of the option to renew shall be deemed to have effected on payment being received by BGH by the customer.

Moving

The customer will, in the event of moving to a new place of residence (or in the case of a business, to a new place of business), notify BGH prior to such change, whereupon BGH shall have the option to forthwith rescind this agreement and be entitled to immediate collection of the equipment at a charge of $100.00 + GST to the customer. The customer hereby warrants and undertakes that he/she will not move the equipment from the address of the customer shown on the face of this document without having first obtained the consent of BGH, in writing, prior to moving the said equipment. The customer shall have sole responsibility for any damage caused during moving the equipment, regardless of any potential consent granted by BGH to move the equipment.

Delivery & Setup

BGH agrees to deliver and setup the equipment to the customer free of charge, subject to any delivery charges for deliveries outside BGH's free delivery zone. Any delivery charges will be made clear to the customer prior to purchase by the customer. BGH agrees where practical and reasonable to assist to locate the equipment within the delivery address, however the customer agrees to indemnify BGH from any claim of damages or injury that occurs to the premises, the customer or any other person involved in or incidental to the handling of the equipment during delivery.

Return of Faulty Equipment

Equipment that is faulty can be exchanged with BGH. If goods are faulty, BGH will deliver another piece of equipment of the same or better model and collect the faulty equipment. There shall be no charge to the customer for this service, or additional charge should the replacement model be of a higher rental rate. If there is no fault with the machine the customer shall be charged $50.00 for the call-out.

Release of Liability, Waiver of Claims and Indemnity

The renter hereby acknowledges and agrees:

1.TO ABSOLUTELY AND IRREVOCABLY WAIVE ANY AND ALL CLAIMS, DEMANDS OR ACTIONS that the renter may have or may in the future have against Budget Gym Hire and TO RELEASE Budget Gym Hire in connection with: any and all liability, harm, cost and expense for any and all personal injuries, loss, damage, expense or injury including death that the renter may suffer, or that the renter's next of kin may suffer resulting from or arising out of the renter's use of the equipment DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, TORT, COMMON LAW, EQUITY OR OTHERWISE, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF BUDGET GYM HIRE;

2.TO HOLD HARMLESS AND INDEMNIFY BUDGET GYM HIRE from any and all liability for any damage to property of or personal injury to any third party, resulting from or arising out of such third party’s use of the equipment;

3.This rental agreement shall be effective and binding upon the renter's heirs, next of kin, executors, administrators, assigns and representatives, in the event of the renter’s death or incapacity;

4.This agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the State of Victoria and no other jurisdiction.

In entering into this agreement, the renter acknowledges that he or she is not relying upon any oral or written representations or statements made by Budget Gym Hire with the respect to the safety of the equipment, other than what is set forth in this agreement, and that he or she has had the opportunity to seek independent legal advice prior to entering into this agreement.

THE RENTER CONFIRMS AND ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTOOD THIS AGREEMENT AND IS AWARE THAT BY ENTERING INTO THIS AGREEMENT HE/SHE IS WAIVING CERTAIN LEGAL RIGHTS WHICH THE RENTER OR HIS/HER HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST BUDGET GYM HIRE. IN ADDITION, THE RENTER ACKNOWLEDGES AND AGREES THAT BUDGET GYM HIRE HAS RELIED UPON THE PROVISIONS IN THIS AGREEMENT THAT EXCULPATE, EXCLUDE, LIMIT, INDEMNIFY OR RELEASE BUDGET GYM HIRE FROM ANY CLAIM, DEMAND, LITIGATION, PROCEEDING, DAMAGE, LOSS, LIABILITY, HARM, COST, EXPENSE, OR INJURY THEY MAY INCUR OR SUFFER WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, COMMON LAW, EQUITY OR OTHERWISE AND BUT FOR SUCH PROVISIONS BUDGET GYM HIRE WOULD NOT HAVE ALLOWED THE RENTER TO USE THE EQUIPMENT.