Terms and Conditions
Note: Hire A Mermaid is an entertainment service and online shop. “Client” refers to any person, organisation or any other entity that engages with Hire A Mermaid for online shopping or entertainment services. By using this website the Client is bound to these terms and conditions and understands that they have formed a legally binding contract between themselves (the Client) and Hire A Mermaid ABN: 30589665580. It is assumed that the Client has read, understood and agreed to the Terms and Conditions and Privacy Policy before making a booking or purchase with Hire A Mermaid.
Using this website
By using this website the Client acknowledges and agrees that all content contained within this website is protected under copyright laws of Australia and may not be used for any purposes other than personal use without written permission from Hire A Mermaid. The Client must not reproduce, distribute, imitate, commercially exploit or copy any content from this website; if you wish to use any content for corporate purposes please contact info@hireamermaid.com.au. The Client agrees to not violate any of these Intellectual property rights and to not hack into this site or act in any other fraudulent manner otherwise Hire A Mermaid reserves the right to take necessary legal action to block the defaulting Client access to the site as well as damages. Any third-party information or hyperlinks that are displayed on this website is for Client convenience only and Hire A Mermaid does not take any responsibility for content about third-parties or their websites as each website has their own terms and conditions of use. Therefore we are not liable for any damages that may be caused by using any of these websites. Although Hire A Mermaid takes reasonable care in web security it is the responsibility of the Client to ensure they have the proper anti-virus software and equipment to use this website safely. The Client will use this website at their own discretion and acknowledges that Hire A Mermaid is not responsible for any loss or damages in connection with using this website. To use this site the Client must be able to form legally binding contracts; they agree to all Terms and Conditions and the Privacy Policy available on this website. Hire A Mermaid strives to be as accurate as possible, however, we do not promise that any information provided by suppliers on the website including product descriptions, is error-free, complete, reliable or up-to-date. The Client holds Hire A Mermaid and its subcontractors harmless for any claims, liabilities and expenses that may arise out of any Client action that violates these Terms and Conditions. The Client agrees to pay for products and services based on quoted prices available (including delivery or travel fees) unless otherwise stated by Hire A Mermaid. The Client authorises Hire A Mermaid the use of and access to payment information when it is provided so that Hire A Mermaid can charge the amount due to this chosen payment instrument. Hire A Mermaid reserves the right to cancel or reverse transactions. Unless otherwise stated all prices are in AUD. All quoted prices are agreed to by the Client unless a variation is quoted and agreed to by both the Client and Hire A Mermaid in writing (emails are an accepted form of written communication). Hire A Mermaid may request additional details from the Client, or require you to confirm your details for a variety of reasons such as (but not limited to) ensuring our products/services are going to the right place. The Client agrees to provide Hire A Mermaid with accurate details in response to requests. Hire A Mermaid may revise and alter these Terms and Conditions at any time without having to notify the Client of such changes, all alterations will be effective immediately when posted. If for any reason any terms are found to be unenforceable, the Client agrees that the remaining Terms and Conditions remain in full force. If the Client and Hire A Mermaid are unable to resolve disputes through informal discussion then both Hire A Mermaid and the Client agree to present the issue to an acceptable and neutral party mediator at the expense of the Client, however, the decision by the mediator will not be binding. Both Parties’ right to go to small claims court still remains, including actions for relief of intellectual property infringement at the expense of the Client.
Services
Booking Policy/ Payment
For 1 mermaid, there is a 12 limit cap for children; if you have more than this number you can hire an additional mermaid. This is for the safety of both the mermaid and the children. Before your booking is confirmed you must deliver a completed booking form and settle your invoice; the information on this form will be used for the booking unless otherwise specified. All invoices are custom based on booking form details, if there are any alterations in this information Hire A Mermaid reserves the right to alter the pricing on the invoice. All payments made are non-refundable however, your place is held for 12 months. All payments are to be paid with card. All changes must be made within business hours (Monday – Friday, 9.30am – 5.30pm); all changes received within 14 days or less of the event incur a 25% fee. Failure to cancel, reschedule or pay the additional fee before the event will result in the loss of any payments made.
1. The Client agrees that a responsible adult (not the entertainer/s) will be at their event from start to finish. This responsible adult is in charge of making sure all attendees/children behave appropriately and are safe. If an attendee or child is behaving inappropriately the entertainer reserves the right to ask them to be removed. This adult will remain liable for all persons at the event. The Client agrees that they are this nominated adult unless another person is made known to the entertainer before the entertainment commences.
2. If the behaviour of any event guest becomes unacceptable, or if there is any chance of risk or harm to the entertainer or event guests Hire A Mermaid entertainers reserve the right to cease entertainment at their discretion.
3. Hire A Mermaid is not a supervision service and all attendees/children will be supervised by the nominated responsible adult at all times. All activities contain risk; It is the responsibility of the Client to ensure all attendees can swim or have on appropriate flotation devices if the event is in or near water. The Client agrees that neither Hire A Mermaid nor its Entertainer/s can be held responsible/liable for any damage, harm, illness, death, loss, or injury suffered by the Client or anyone else at the event; the Client accepts full responsibility. If such illness, damage, loss or injury, or death does occur the Client agrees to indemnify Hire A Mermaid and its entertainers.
4. Hire A Mermaid will not be held responsible under any circumstance for the behaviour of any person/child attending the Client’s event.
5. The Client acknowledges that Hire A Mermaid takes no responsibility or liability for the suitability of the venue that the Client requests the entertainment be provided. The Client agrees to indemnify Hire A Mermaid if there is any illness, damage, loss, or injury suffered due to any defect, malfunction, or other faults in the venue or equipment.
6. There are a variety of mermaids and mermaid tails on our website. These mermaids and tails correlate to different locations; therefore Hire A Mermaid reserves the right to send any of their entertainers (and tails) to the event. If this is a problem the Client can contact Hire A Mermaid to see if anything can be organised for the Client but, it is not promised that the mermaid and tail the Client requests can be provided unless otherwise stated.
7. Travel fees apply. Travel fees will appear on the clients’ invoice. However, if the Client changes their booking location after booking, Hire A Mermaid reserves the right to add any additional travel fees if necessary.
8. Hire A Mermaid reserves the right to upload any Client feedback received (including names) to our website or as promotional material unless the Client explicitly advises otherwise.
9. Hire A Mermaid reserves the right to upload any content taken at events on our website or as promotional material, such as but not limited to photographs and videos unless the Client explicitly advises otherwise.
10. If there is no free parking available to entertainers parking fees may apply. We ask that you notify Hire A Mermaid prior to the event if this is the case so that parking costs can be added to your booking fee. Hire A Mermaid reserves the right to invoice the Client for parking fees or enterence fees after your event if we were not notified of this prior to the booking date and there was no free parking available for our entertainer.
11. All discount codes must be used at the time of a booking, and can not be used after purchase or on pre-existing bookings.
12. Hire A Mermaid takes no liability and is not responsible for any technical issues that guests may experience during virtual events.
13. In the unlikely circumstance that the entertainer assigned to your event finds themselves unable to make your event due to illness, car accidents, or other emergency situations that may arise. Hire A Mermaid will communicate this to you and attempt to find a suitable replacement for your event otherwise all money paid will be refunded.
14. Hire A Mermaid does not take any responsibility for the audience of the booking not engaging with the entertainment provided.
15. The Client agrees to notify Hire A Mermaid of any special requirements for guests attending the event, which may affect the entertainment Hire A Mermaid chooses to provide; the Client also agrees to indemnify Hire A Mermaid in respect to any claim which may arise from a result of the Clients misrepresentation and/or failure to disclose such information.
16. The Client agrees that if Hire A Mermaid assists with any arrangements for hire of another service including but not limited to equipment, entertainment or food, Hire A Mermaid requires the Client independently contracts this third party and will not enter into contracts on behalf of the Client. In the event that on behalf of the Client, Hire A Mermaid does enter into a contract, the Client agrees to indemnify Hire A Mermaid in relation to any illness, damage, death, loss, or injury suffered by any entertainer or event guest in relation to such service. Hire A Mermaid is not responsible for any harm, loss, death, or damage suffered as a result of these contracts. the behaviour of any event guest becomes unacceptable, or if there is any chance of risk or harm to the entertainer or event guests Hire A Mermaid entertainers reserve the right to cease entertainment at their discretion.
17. If any equipment (including the entertainers’ costume) is lost, damaged, or broken the Client agrees to cover the cost of said item.
18. Hire A Mermaid reserves the right to send reasonable additional charges to the Client post-event; e.g. missing items, extra time, etc.
Covid-19
Any events that are cancelled due to the circumstance that NSW returns to lockdown will not lose any payments made, instead it will be held for 12 months. In the circumstance that Covid-19 restrictions are introduced and allow for gatherings of 20 people or more, this number is considered reasonable to host a party and therefore standard cancellation and rescheduling terms apply. In the circumstance that Covid-19 restrictions limit gatherings to less than 20 people there will be no loss of any payments made; it will be held on file for 12 months so that it can be used for a rescheduled/new event. Note: no refund will be given. Hire A Mermaid is taking extra precautions to decrease risk of Covid-19 at our events, however, we do not provide any guarantees that Covid-19 will not be present at the event. All events are required to adhere to Covid-19 requirements at all times.
Goods
Hire A Mermaid can approve or reject any order for any reason; some examples for this maybe the unavailability of a requested product or an error in its price. If part of, or the wholeorder is rejected for any reason Hire A Mermaid will refund the full amount paid in reference to the cancelled item/s. Orders can not be cancelled once they have been shipped. The Client must pay for their order in full at the time of purchase.
Delivery
The Client acknowledges that they are required to pay all delivery fees and any extra import duties that may be required of them by customs. Hire A Mermaid is not responsible for such duties or taxes and is also not liable if the Client does not pay them. All delivery fees are non-refundable unless the goods fail to comply with Australian Consumer Law. The Client acknowledges that the Delivery Address used for the order is correct and any person present at this address is authorised to receive the order. Hire A Mermaid is not liable under any circumstances for the delivery of goods to the wrong address or person if the Client has provided erroneous or incomplete information. If the Client is not present at the time of delivery the Client themselves accepts all risk of theft or loss after delivery and acknowledges that the individual delivering the order can decide whether or not to leave it at the address.
Returns
If the Client wishes to make a return request it should be done within 14 days of delivery. The Client will need to provide proof of purchase and evidence to match the reason for the claim. Hire A Mermaid will choose to provide the Client with a website voucher, refund or repair if your product is:
A. Broken, faulty or not of acceptable quality
B. The product does not match its description or intended purpose.
Hire A Mermaid will assess all return requests but reserves the right to reject any claims if the product fault is a result of misuse or neglect; age and condition of the product will also be taken into consideration.
Customer Reviews
When submitting a review to Hire A Mermaid the Client (you) acknowledges that:
● All posted content is accurate/ not misleading.
● You are 18 years old or older.
● Your name can be published along with your review.
● Your content will not violate any terms mentioned or cause any harm to any person and/or entity.
● All “moral rights” in relation to such content are voluntarily waived by you. You further agree that you will not submit any content:
● That is, or may reasonably be deemed: hateful, defamatory, libellous, unlawful in any way or biased/offensive to a particular group of people or minority.
● In relation to a product or service that you were compensated for.
● That details any information from other sources.
● That contains any computer viruses, worms or anything that could damage computer programs or files. The Client agrees that Hire A Mermaid is not responsible for their claims and if any harm or loss comes from their claim/s the Client will indemnify Hire A Mermaid. The Client grants Hire A Mermaid permission and a royalty-free license to use, copy, modify, publish your content or delete it entirely without Client compensation. All content the Client submits may be used at the sole discretion of Hire A Mermaid. The Client agrees that Hire A Mermaid can use your provided contact details to contact you about your review and other administrative purposes.
Please do not hesitate to contact us at info@hireamermaid.com.au in regards to any questions or queries regarding our terms and conditions and your event!