Terms and Conditions

These Terms and Conditions are used in full with every contract that is given to the Hirer or Client.


Booking & Payment

  • All hire and event bookings are subject to availability and are only confirmed and reserved for the Hire or Event Period selected once a deposit has been received into Clearwater Creations’ bank account, unless otherwise agreed in writing.
  • The reservation booking will require a 30% deposit for any and/or all Hireage or use of any of our services to be reserved for the Hire or Event Period. The 30% will include, but is not limited to, mileage.
  • The 30% will be used towards the full payment amount that will be invoiced after the drop off or collection after the Hire or Event Period
  • The Hirer or Client has a total of 10 working days prior to the arranged event drop-off day (or to Clearwater Creations for collection) to pay the amount owing in full.
  • Payment can be made via bank transfer to the reference details provided on your invoice or contract. If the order reference number is not included on the transfer deposit as shown on the invoice or contract, Clearwater Creations has the right to ask for proof of payment receipt.
  • Clearwater Creations does not hold any accountability if the Hirer or Client mistypes the account number accidentally as per the account number shown on the invoice or contract.
  • If full payment is not received within the 10 working days prior to the agreed Hire and Event Period, further action may be taken by Clearwater Creations.

Cancellations / Refunds

  • All cancellations must be submitted in writing via email. If not, Clearwater Creations will proceed with the event and services that have been reserved, and the Hirer or Client will be charged accordingly under this Terms and Conditions document.
  • If by any means the Hirer or Client claims they cancelled their reservation after the 30% deposit has been paid and the event date passes, or 30 days or 7 days before the event passes (as outlined below), with no written document as proof, the Hirer or Client is not entitled to a refund of the deposit and may be required to pay full amount due to the lack of communication from the Hirer or Client.
  • Once the written cancellation has been received from the Hirer or Client to Clearwater Creations for the event, the refundable or non-refundable amount is outlined and understood by the following conditions.

Hireage (Product Hire Only)

  1. Before 30 Days (Including Weekend Days)
    If the Hirer cancels and the cancellation is received before 30 days of the event, Clearwater Creations agrees to refund the Hirer in full, including all payments made.
  2. Before 7 Days (Including Weekend Days)
    If the cancellation is made and received after 30 days but before 7 days of the event, Clearwater Creations agrees to refund 10% of the deposit. This is due to potential business loss from reserving products for the Hire Period.
  3. Before the Hire Period Beginning (Including Weekend Days)
    If the cancellation is made within 7 days of the event, the 30% deposit is non-refundable. This covers preparation, maintenance, and potential loss of business. If the Hirer for any reason paid more than the 30% deposit, such as, for convenience, of the total amount as outlined on the contract or Invoice, this will be refunded

Service Use and Hireage (Event Planning/Styling, Catering)

  1. Before 30 Days (Including Weekend Days)
    If cancellation happens before the 30 days when using any services, Clearwater Creations agrees to fully refund any deposits or payments that have been made.
  2. Within 30 Days Before the Event (Including Weekend Days)
    If cancellation occurs within 30 days of the event, the 30% deposit is non-refundable due to significant resources already allocated. If any other expenses or the full amount have been paid, Clearwater Creations agrees to refund the remaining 70%. These calculations will be in reference to the Clients signed contract or invoice

Charges

  • The equipment or service is hired or purchased for the period between the Commencement Date and the Termination Date. The hire or event period begins when the equipment is delivered to the Hirer or Client and/or picked up by the Hirer or Client and ends when the equipment is collected by Clearwater Creations or returned by the Hirer, unless terminated earlier under these terms.
  • All hired items must be returned in the same clean and working condition as they were provided. The Hirer or Client is responsible for any costs related to:
    1. Delivery and collection (if applicable)
    2. Excessive usage beyond normal wear and tear
    3. Damage, loss, or theft of equipment
    4. Professional cleaning (if items are returned dirty beyond normal wear and tear)
    5. Any other charges if equipment is not returned on time or in suitable condition
  • If equipment is returned late, damaged, or not at all, and this affects Clearwater Creations’ ability to supply it for future hires, the Hirer or Client may also be responsible for additional losses, which may include:
    1. Costs to hire replacement equipment from third parties
    2. Transport costs for replacement or additional items not specified in the original hire or purchase
    3. Loss of future hire income
  • The Hirer or Client is liable for repair or replacement costs if equipment is damaged, lost, destroyed during the hire or event period. This includes damage from misuse, accidents, vandalism, fire, or theft while in the Hirer’s or Clients care. These costs will be added to the final invoice after the event or hire period, and the Hirer or Client agrees to pay in full.
  • The Hirer or Client also authorizes Clearwater Creations to recover any outstanding charges or debt. If full payment cannot be made, a payment plan can be arranged only in agreement with Clearwater Creations.
  • If damage occurs due to a storm or natural disaster, and the equipment was delivered and installed by Clearwater Creations, the Hirer or Client will not be held liable — as long as the Hirer or Client has not acted negligently.
  • If the Hirer or Client is an organization or company, the signatory confirms they are authorized and agrees to be personally responsible for meeting the Hirer’s and/or Client’s obligations if needed.
  • If the Hirer or Client has hired a product requiring setup assistance and it has been clearly stated in writing and signed to be constructed at a certain time or place, and the Hirer, Client, or representative is not present, the Hirer or Client agrees to pay $50 per hour for any inconvenience to Clearwater Creations. A waiting time of 30 minutes will be charged as an hourly rate.

Delivery & Collection

  • Delivery and collection of equipment may come with extra fees. This will be quoted separately based on distance, access, and timing, and will be clearly stated on the original quote or deposit invoice.
  • If Clearwater Creations discovers new information upon delivery indicating that site access is more complicated than previously described — for example, flights of stairs to the drop-off point or a long pathway the vehicle cannot access — the Hirer or Client will be charged accordingly at Clearwater Creations’ discretion.
  • You give Clearwater Creations permission to drive onto your property (or event site) to deliver, set up, or collect equipment — either at the end of the hire or event period or earlier if any of the terms of this agreement are broken.
  • The Hirer or Client must ensure someone is present to receive and sign for the goods at the arranged time.
  • All goods for collection must be ready at the agreed time with no obstructions or delays, or additional fees may apply. This includes, but is not limited to:
    1. Tables and chairs stacked neatly
    2. Glassware emptied and placed back in boxes
    3. All items in their original packaging or crates as received from Clearwater Creations
  • If Clearwater Creations is delayed during collection because goods are not packed or accessible, additional fees may apply.
  • Wait time beyond 30 minutes at either delivery or collection due to delays or obstructions will be billed at an hourly rate.
  • Clearwater Creations will always take care during arrival and collection, but it is not responsible for any damage that might occur during this process, including to driveways, paths, grass, gardens, or underground services.
  • Unless otherwise agreed in writing, someone must be on-site to receive and sign for the equipment at delivery. The Hirer or Client agrees to ensure the area for setup is clear of obstructions or hazards before arrival. If Clearwater Creations is asked to move items, it does so without responsibility for any damage. If delayed because the area is not ready, extra fees may apply.
  • Clearwater Creations may refuse delivery or installation if:
    1. The site is unsafe or unsuitable for setup
    2. Weather conditions are unsafe (especially for marquees or electrical equipment)
    3. No one is present to receive the delivery at the agreed time
  • If Clearwater Creations decides not to proceed with the hire for any of these reasons, a full or partial refund may be offered at its discretion. However, Clearwater Creations will not be responsible for any costs or losses you or others may have as a result.
  • We can assure the Hirer or Client that Clearwater Creations priority is that your event in any circumstance will proceed

Disputes

  • If any disputes arise with in accordance to these terms and conditions they can be followed up through contacting us via Email: [email protected]
  • All disputes must be raised in a reasonable amount of time of 7 days prior to the Hire or Event Period. Once the dispute has been received Clearwater Creations will make contact in the next 7 days. Considering the severity of the dispute we hope this to be solved and addressed in the following 7 days from when it was raised. 

Definitions

  • Clearwater Creations: Refers to Clearwater Creations Directors, including all staff.
  • Hirer: Refers to the person, business, or organization hiring goods and services.
  • Client: Refers to person who is signatory to the services being used
  • Goods: Refers to all hire items provided by Clearwater Creations, including but not limited to tables, chairs, marquees, lighting, electrical equipment, glassware, and accessories.
  • Hire Period: The agreed timeframe between delivery and collection, or pickup and return, during which the Client has possession of the goods.
  • Event Period: The agreed timeframe during which any Clearwater Creations services, such as event styling or catering, are used.
  • Site: The location where goods will be delivered, used, or collected.

We look forward to your enthusiasm and excitement for your event