Peace, Love and Light - Terms and Conditions

Definitions

(a) “Agreement” means the agreement between Peace, Love and Light and the Customer for the hire of the Peace, Love and Light Package which includes:

(i) the Booking Form;
(ii) these Peace, Love and Light Terms and Conditions; and (iii) any applicable Special Conditions.

(b) “Peace, Love and Light Equipment” means the blender bikes, jugs, stall equipment, cups, straws, food ingredients and other tools and equipment required to deliver the Peace, Love and Light Packages as specified on the Peace, Love and Light Package Page http://www.pedalpoweredsmoothiebar.com/packages/

(c) “Peace, Love and Light Package” means the pedal powered smoothie package plus Peace, Love and Light Equipment hired by the Customer as specified on the Peace, Love and Light Package Page http://www.pedalpoweredsmoothiebar.com/packages/

(d) “Booking Form” means the Peace, Love and Light contract which sets out the Peace, Love and Light Packages and the Hiring Fee for each Peace, Love and Light Package to be hired to the Customer pursuant to these Terms and Conditions. The Booking Form is attached these Terms and Conditions or are available on the Peace, Love and Light website at http://www.pedalpoweredsmoothiebar.com/packages/

(e) “Customer” refers to the person, firm, organization, partnership, corporation, trust or other entity hiring Peace, Love and Light Package from Peace, Love and Light, as named in the Booking Form.

(f) “Hire Period” means the period of hire for the Peace, Love and Light Package as specified in clause 5.

(g) “Hiring Fee” means the rates charged for the hiring of a Peace, Love and Light Package to the Customer.

(h) “Late Hire Fee” means the Customer will be charged a fee equal to 150% of the Hiring Fee for each day the Peace, Love and Light Equipment has not been returned by the Customer or Peace, Love and Light has been unable to collect the Peace, Love and Light Equipment from the Customer (as applicable).

2. Terms of Hire

(a) Peace, Love and Light agrees to provide the Peace, Love and Light Package and hire the Peace, Love and Light Equipment to the Customer for the duration of the Hire Period and at the Hiring Fee as specified on the invoice.

(b) Peace, Love and Light provides the Peace, Love and Light Packages and hires the Peace, Love and Light Equipment to the Customer at its absolute discretion and may refuse to hire to the Customer for operational or safety reasons.

(c) The Customer agrees and acknowledges that by completing and submitting the Booking Form the Customer has agreed to hire the Peace, Love and Light Package and abide by these Terms and Conditions.

3. Payment

(a) To confirm a booking a non-refundable deposit of 50% of the Hiring Fee must be immediately paid. Full payment is required seven days before the delivery of the Peace, Love and Light Package.

(b) In addition to the Hiring Fee, the Customer agrees to pay:

(i) Sales Tax: All amounts payable in the Booking Form are exclusive of Sales tax unless otherwise specified;

(ii) charges for payments made by credit card;

(iii) charges for the delivery and collection and installation of unstaffed Peace, Love and Light Packages;

(iv) for any variation to the Peace, Love and Light Packages that are necessary or requested by the Customer;

(v) the cost of any local food or beverage permit or stall license required by law to gain access to a Customer’s location or to serve food or beverages at a Customer’s location; and

(vi) if applicable, Late Hire Fees.

(vii) for any parking costs associated with any staffed event or delivery of the Peace, Love and Light Package.

(c) If the Customer fails to pay the full booking fee by the due date, Peace, Love and Light may, at its sole discretion, either: (i) charge interest on all outstanding invoices, charged at an interest rate of 1.25% per month (15% per annum) (“Late Payment Charge”) or cancel the delivery of the Peace, Love and Light Package (“Cancellation”).

4. Cancellation Policy

(a) If a booking for a Peace, Love and Light Package is cancelled the non-refundable deposit is still payable by the Customer and any non-refundable deposit or payment which the Customer has paid or is due to pay will not be refunded.

(b) In the event that the Customer cancels any Peace, Love and Light Package for whatever reason (including cancellation due to inclement weather) within seven days prior to the delivery of the Peace, Love and Light Package, the Customer will be liable to pay the full Hiring Fee. Any request to cancel the delivery of a Peace, Love and Light Package must be made by the Customer in writing.

(c) In the event Peace, Love and Light cancels any Peace, Love and Light Package within forty eight hours prior to the delivery of the Peace, Love and Light Package, Peace, Love and Light will issue the Customer with a credit note. The credit note can be used by the Customer to book a Peace, Love and Light Package of equivalent value.

5. Hire Period

(a) Delivery: If Peace, Love and Light is delivering the Peace, Love and Light Package, the Hire Period commences when Peace, Love and Light loads the Peace, Love and Light Equipment onto any vehicle for delivery to the Customer’s nominated location and ends when Peace, Love and Light collects the Peace, Love and Light Equipment from the Customer. The Customer will be charged a delivery charges set out in the Booking Form for any unstaffed Peace, Love and Light Packages.

(b) Collection: If the Customer is collecting the Peace, Love and Light Equipment, the Hire Period commences when the Customer collects the Peace, Love and Light Equipment from Peace, Love and Light’s premises and ends when the Customer returns the Peace, Love and Light Equipment to Peace, Love and Light’s premises.

(c) Estimates Only: Delivery times are estimates only. Peace, Love and Light is not responsible for the failure or delays in delivery or installation of the Peace, Love and Light Package due to an unforeseeable occurrence or omission outside the control of Peace, Love and Light or the inability to obtain courier or transport services to deliver the Peace, Love and Light Package or the inability to access the Customer’s nominated location. Peace, Love and Light will use reasonable endeavours to promptly notify of any delays in delivering, collecting, installing or performing the Peace, Love and Light Package.

(d) Return of Peace, Love and Light Equipment: The Customer must return the Peace, Love and Light Equipment to the place, on the date and by the time specified in the Booking Form unless Peace, Love and Light has agreed to vary the return date. If the Customer does not return the Peace, Love and Light Equipment or Peace, Love and Light is unable to collect the Peace, Love and Light Equipment from Customer (as applicable), by the return date Peace, Love and Light will charge the Customer a Late Hire Fee.

(e) Any extension to the Hire Period is subject to Peace, Love and Light’s prior agreement and Peace, Love and Light is not liable if for any reason a Peace, Love and Light Package is not available for hire after the return date.

6. Customer Obligations

(a) Suitability: The Customer agrees that before accepting the Peace, Love and Light Package it has satisfied itself as to the suitability, condition and fitness for purpose of the Peace, Love and Light Equipment without relying upon the skills or judgment of Peace, Love and Light or any person purporting to acts on its behalf. Unless the Customer reports any defects or unsuitability of the Peace, Love and Light Equipment at the time Peace, Love and Light delivers the Peace, Love and Light Equipment or at the time the Customer collects the Peace, Love and Light Equipment (as applicable), Peace, Love and Light is entitled to assume the Peace, Love and Light Package received by the Customer was in good working order and conditions, fit for purpose and free from defects.

(b) Peace, Love and Light will inspect the Peace, Love and Light Equipment upon its return to Peace, Love and Light’s premises and notify the Customer of any defects or damage to the Peace, Love and Light Equipment. In addition to the Hiring Fee, the Customer agrees to pay for cleaning or repair of the Peace, Love and Light Equipment if it is not returned in clean, good working order and condition.

(c) The Customer must not allow or authorize any other person or entity to sell, borrow, rehire, or have possession of the Peace, Love and Light Equipment at any time without the written approval of Peace, Love and Light.

(d) Responsibility: For unstaffed Peace, Love and Light Packages, risk in and responsibility for the Peace, Love and Light Equipment passes to the Customer when the Peace, Love and Light Equipment is loaded onto any vehicle for transport at Peace, Love and Light’s premises (regardless of whether the Customer collects the Peace, Love and Light Equipment from Peace, Love and Light’s premises or Peace, Love and Light delivers the Peace, Love and Light Equipment to the Customer’s nominated location). Risk and responsibility for the Peace, Love and Light Equipment passes back to Peace, Love and Light when the Peace, Love and Light Equipment is back in the possession of Peace, Love and Light Equipment at its premises.

(e) Operation: The Customer warrants that at all times it will:

(i) operate the Peace, Love and Light Equipment safely, strictly in accordance with all laws, only for its intended use and in accordance with Peace, Love and Light’s instructions;

(ii) ensure all persons operating the Peace, Love and Light Equipment wear suitable clothing so as to avoid injury;

(iii) ensure that no persons operating the Peace, Love and Light Equipment are under the influence of drugs or alcohol;

(iv) ensure that no persons under age of seven operate the adult blender bikes and no persons under the age of four operate the children’s blender bikes;

(v) not in any way alter, modify, tamper with, deface or remove any identifying markers, damage or repair the Peace, Love and Light Equipment without Peace, Love and Light’s written consent; and

(vi) return the Peace, Love and Light Equipment in the same good and clean condition it was in when the Customer received it, ordinary wear and tear excepted.

(f) Equipment Breakdown: In the event that the Peace, Love and Light Equipment breaks down or becomes unsafe to use during the Hire Period:

(i) the Customer must immediately stop using the Peace, Love and Light Equipment and notify Peace, Love and Light; take all steps necessary to prevent injury occurring to persons damage as a result of the condition of the Peace, Love and Light Equipment; and prevent further damage to the Peace, Love and Light Equipment.

(ii) Subject to clause 5(g), Peace, Love and Light will repair the Peace, Love and Light Equipment or provide a suitable substitute Peace, Love and Light Equipment when reasonably possible after being notified by the Customer. Peace, Love and Light will provide a refund for that portion of the Hire Period the Peace, Love and Light Equipment could not be used and will not charge the Customer for the costs associated with any repair or replacement of the Peace, Love and Light Equipment.

(g) If the Peace, Love and Light Equipment is damaged, lost or stolen during the Hire Period or becomes unsafe to use due to any reckless or negligent act or omission of the Customer, the Customer is liable to Peace, Love and Light for and must indemnify Peace, Love and Light for:

(i) the full cost of either repairing or replacing the Peace, Love and Light Equipment as determined by Peace, Love and Light at its absolute discretion; and

(ii) any other costs arising from or in connection with the loss, theft or damage to Peace, Love and Light Equipment; and

(iii) Any lost revenue to Peace, Love and Light arising from or in connection with the loss, theft or damage to Peace, Love and Light Equipment.

7. Disclaimer

(a) To the extent permitted by law (unless otherwise expressly set out in this Agreement), all terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory otherwise, relating to Peace, Love and Light’s obligations under this Agreement are excluded.

8. Indemnities and Exclusion of Liability

(a) The Customer is liable for and indemnifies Peace, Love and Light against all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) arising out of or in connection with the Customer’s hire and use of the Peace, Love and Light Equipment, Peace, Love and Light Package or any breach of this Agreement.

(b) To the fullest extent permitted by law, Peace, Love and Light, excludes liability to the Customer for any:

(i) special, incidental, indirect or consequential loss or damages (including but not limited to, loss of profits, loss of data, downtime costs, loss of use, failure to realize anticipated savings, loss of business opportunity or economic loss of any kind) in contract, tort, under statute or otherwise; and

(ii) any claims (whether actual or contingent) for personal injury, illness or death to any person or damage to any property or any other loss or damage of any kind whatsoever, caused by or arising from or in relation to the delivery or use of the Peace, Love and Light Equipment, Peace, Love and Light Package or this Agreement.

(c) Under no circumstances will Peace, Love and Light’s liability whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the total Hiring Fee paid by the Customer to Peace, Love and Light under this Agreement.

(d) Each indemnity is a continuing obligation and survives termination or expiration of this Agreement. It is not necessary for Peace, Love and Light to incur expenses or make any payment before enforcing a right of indemnity under these Terms and Conditions.

9. Termination

(a) Peace, Love and Light may terminate this Agreement and take immediate possession of the Peace, Love and Light Equipment by serving written notice on the Customer if the Customer:

(i) fails to pay the Hiring Fee by the due date; or

(ii) commits a breach of the Agreement which it does not remedy (if capable of remedy) within five days of receiving notice of breach.

(b) Peace, Love and Light may terminate this Agreement for any other reason on 24 hours written notice.

(c) These rights of termination are in addition to any other rights either party has under this Agreement and does not exclude any right or remedy under law or equity.

10. Food Permits

(a) If required by law, Peace, Love and Light will arrange for a food permit from the local council or state government.

(b) If Peace, Love and Light is unable to obtain a food permit to deliver the Peace, Love and Light Package, the Peace, Love and Light Package will be cancelled and Peace, Love and Light will issue the Customer with a credit note. The credit note can be used by the Customer to book a Peace, Love and Light Package of equivalent value.

(c) If the Customer purchases a Peace, Love and Light Package which requires it to:

(i) arrange its own food permit; and/or

(ii) supply its own washing facilities and overhead cover for the food preparation areas, Peace, Love and Light may, at its absolute discretion, cancel the Peace, Love and Light Package should the Customer fail to obtain a food permit and/or supply adequate washing facilities and overhead cover for the food preparation areas. The Customer will not be entitled to a refund of the Hiring Fee or credit note.

(d) All food or beverage ingredients delivered by Peace, Love and Light will comply with food safety and hygiene laws. Peace, Love and Light will not be liable for food safety and hygiene following the delivery of the ingredients. The Customer will be responsible for operating the stall in a safe and hygienic manner. (e) The Customer is aware that the blender jugs and blender bikes may have been contact with peanuts and nuts as Bike n Blend hires this equipment regularly and thus can not guarantee other Customers have not put these ingredients in the blender jugs.

11. General

(a) This Agreement cannot be amended or varied except in writing signed by the parties. The Customer must not assign or otherwise deal with its rights or obligations under this Agreement without Peace, Love and Light’s prior written consent.

(b) This Agreement is governed by and must be construed in accordance with the laws of the State of California. The parties submit to the non-exclusive jurisdiction of the Courts of the State California.

(c) If the whole or any part of any clause of this Agreement is illegal or unenforceable, that part or whole of that clause will be severed and will not affect the continued operation of the remaining provisions.

(d) This Agreement replaces all prior agreements between Peace, Love and Light and the Customer (whether written or verbal) and all prior statements or promises made by Peace, Love and Light staff. The parties agree that this Agreement embodies their entire understanding and agreement.

(e) The Customer engages Peace, Love and Light to provide the Peace, Love and Light Packages as an independent contractor. Peace, Love and Light is not the Customer’s employees, partners, legal representatives or agents.

(f) Termination of this Agreement or an assignment will not affect any provision of this Agreement which is expressly or by implication intended to come into force or continue on or after the termination including clauses 3, 6, 7, 8, 9, 10, and 11. 12.

Acknowledgement By clicking Yes on the Booking Form

You acknowledge and agree that you have read and understand these Terms and Conditions, and agree to be bound by them.