Supercar Experience Perth — Governing law: Western Australia
Vehicle means the motor vehicle described in Schedule 1.
Rental Period means the period commencing on the booking date and ending on the conclusion of the experience, as specified at booking.
Rental Payment means each amount described as a rental payment at booking.
Third Party means any person or entity other than the Company and the Renter.
Damages means any loss, destruction or injury caused to the Vehicle, any property, or any third party, and includes repair costs, loss of use, diminished value, and administrative fees.
Insurance Policy means the insurance policy covering the Vehicle.
Loss includes any diminution in value of the Vehicle following repair, as reasonably determined by the Company or an independent valuer.
1.1. The Renter is granted a right to use the Vehicle during the Rental Period, but the Vehicle remains the property of the Company at all times.
1.2. The Renter must not part with possession of the Vehicle, except for necessary repair or maintenance as agreed in writing with the Company.
1.3. The Renter must not grant any interest in or encumbrance over the Vehicle to any person.
2.1. The Company may maintain insurance in respect of the Vehicle. The Renter acknowledges that:
2.2. The Renter irrevocably consents to the Company undertaking any checks, enquiries or screening it considers necessary to verify the identity, driving history, licence status and suitability of the Renter and any proposed driver, including checks with licensing authorities, insurers and third-party verification providers.
2.3. The Renter authorises the collection, use and disclosure of their personal information for these purposes and must provide all information reasonably requested by the Company.
2.4. The Company may, in its absolute discretion and at any time, refuse, suspend or terminate the rental or use of the Vehicle if the Renter or any driver does not satisfy such checks or fails to provide requested information, without liability and without any obligation to provide reasons or refund.
2.5. The Renter must, if requested, obtain and maintain any additional insurance specified by the Company.
2.6. The Renter must ensure that:
2.7. Any breach of this clause renders the Renter fully liable for all resulting loss, regardless of insurance coverage.
3.1. The Renter is strictly liable for all Damages to the Vehicle occurring during the Rental Period, except as expressly limited by statute or by the terms of any mandatory insurance scheme.
3.2. The Renter is required to pay to the Company all amounts required for repair or replacement of the Vehicle, including loss of use, diminished value, and administrative fees.
3.3. The Renter must pay all insurance excesses and deductibles relating to any claim arising from use, operation or possession of the Vehicle.
3.4. The Renter must indemnify and hold harmless the Company from any loss or liability (including legal costs) arising out of any breach of this Agreement or the Renter's use of the Vehicle.
4.1. Where a representative, instructor or supervisor (Supervisor) appointed by the Company is present, the Supervisor has absolute discretion to direct the use and operation of the Vehicle.
4.2. The Renter must immediately comply with all directions of the Supervisor. The Supervisor may, at any time and for any reason, direct that use of the Vehicle cease or that the Vehicle be returned, in which case the Renter's right to use the Vehicle is immediately terminated.
4.3. Any failure, refusal or delay in complying with a direction of the Supervisor constitutes a material breach of this Agreement and an Immediate Liability Event, and:
5.1. The Renter irrevocably consents to the Company and its representatives installing and using audio, video and any other reasonable recording devices in or on the vehicle, and to the collection of footage, sound recordings and data relating to the Renter's use, operation and location of the vehicle.
5.2. The Renter acknowledges and agrees that such recordings may capture personal information and the activities of the Renter and any passengers, and expressly consents to the collection, use, storage, disclosure and publication of such recordings by the Company for any purpose whatsoever, including safety, security, insurance, training, dispute resolution, marketing and promotional purposes.
5.3. The Renter further consents to such recordings being disclosed, licensed or otherwise provided to third parties (including insurers, regulators, law enforcement, media and commercial partners) without notice or compensation.
5.4. To the fullest extent permitted by law, the Renter waives any right to object to or make any claim in respect of the recording, use or disclosure of such material.
6.1. The Renter acknowledges and agrees that each of the following constitutes an Immediate Liability Event:
6.2. Upon the occurrence of an Immediate Liability Event:
6.3. This clause applies regardless of whether the Immediate Liability Event contributed to or caused the relevant loss, except to the extent that liability cannot be excluded by law.
7.1. To the fullest extent permitted by law, and subject to the Australian Consumer Law, the Renter irrevocably releases and discharges the Company from all claims, actions, demands, losses, costs, damages and liabilities relating to:
save for claims which cannot be lawfully excluded under mandatory legislation.
7.2. The Renter acknowledges that they have not relied on the Company's skill or judgment, nor on any representation or warranty, express or implied, as to the Vehicle's condition, suitability, fitness, safety or merchantability, except as provided by statutory warranties.
7.4. The Renter agrees that it will not bring, and irrevocably waives any right to bring, any claim against the Company in respect of any loss, damage or liability arising from use of the Vehicle, including any claim in negligence, except to the extent such rights cannot be excluded under law.
8.1. The Renter is solely responsible for, and assumes all risk in respect of, any loss, damage, liability, injury or death suffered by any Third Party arising out of or in connection with the use, possession or operation of the Vehicle during the Rental Period.
8.2. To the fullest extent permitted by law, the Renter indemnifies and must keep indemnified the Company from and against all claims, demands, actions, liabilities, losses, damages, costs and expenses arising out of or in connection with any Third Party claim; any act or omission of the Renter; any breach of this Agreement; or the use or operation of the Vehicle.
8.4. The Renter must not do or omit to do anything which may prejudice or void any policy of insurance relating to the Vehicle.
8.5. This clause applies whether or not the Company is alleged to be negligent, except to the extent that liability cannot be excluded by law.
9.1. If the Renter fails to pay any amount due under this Agreement or breaches any term of this Agreement, the Company may terminate this Agreement by written notice to the Renter.
9.2. On termination, the Renter must immediately return the Vehicle in good working order and repair to the Company and pay all outstanding amounts, including arrears of Rental Payments and other sums due.
9.3. Early termination by the Renter is permitted by written notice to the Company, subject to payment of all outstanding Rental Payments up to and including the date of return and any reasonable termination fee.
On expiration or termination of the Rental Period, the Renter must return the Vehicle to the place nominated by the Company in good working order and repair.
11.1. The Renter must do everything reasonably required by the Company to ensure the Company's security interest in the Vehicle is enforceable and perfected, including the completion of any required forms or notifications.
11.2. The Company may require a security deposit. The Company may apply the deposit towards any loss, damage or liability incurred. This does not limit the Renter's liability for any additional amounts.
12.1. To the maximum extent permitted by law, all express and implied terms, representations, warranties and conditions, other than those set out in this Agreement or those that cannot be excluded at law (including under the Australian Consumer Law), are excluded.
12.2. The Company's liability for injury to any person or loss or damage to property arising from possession, operation or use of the Vehicle is limited to the extent permitted at law.
12.3. Nothing in this Agreement excludes, restricts or modifies rights, remedies or liability which cannot be excluded, restricted or modified under the Australian Consumer Law or other mandatory legislative provisions.
13.1. The Renter acknowledges and agrees that:
This Agreement is governed by and construed in accordance with the laws of Western Australia. Each party submits to the exclusive jurisdiction of the courts of Western Australia.
Neither party shall disclose the terms or any information relating to this Agreement, except as required by law or to professional advisers who agree to keep such information confidential.
16.1. Insurance Does Not Limit Liability — The Renter acknowledges that the existence of any insurance policy does not limit or reduce the Renter's liability under this Agreement.