Rental Agreement.

UNDERSTANDING YOUR RENTAL AGREEMENT

The Rental Agreement (“Rental Agreement”) between Enduro Bikes WA and You is made on the date shown on the Rental Document You have signed in respect of the (“Rental Document”), and is made up of that Rental Document and these Terms and Conditions.

In these Terms and Conditions:

“LAMS” means the Learner Approved Motorcycle Scheme in Western Australia.

“EBWA” means WA Enduro Bikes ABN 34123726851 “Rental Period” means the period commencing on the date shown on the Rental Document and ending on the date that You return the Motorcycle to EBWA; “Motorcycle” means the Specified Motorcycle described on the Rental Document, and includes its parts, components, accessories and contents supplied by EBWA; “You” or “Your” refers to the person with whom the Rental Agreement is made. “Your Consumer Rights” means Your rights as a consumer under applicable consumer protection legislation, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted or modified by this Rental Agreement.

1. DRIVER, LICENSING REQUIREMENTS AND INSURANCE

1.1 You agree and acknowledge that: (a) only You will operate the Motorcycle; (b) You are currently licensed to ride the Motorcycle (either open class licence or LAMS class); unless riding on private property with under a mwa permit with an appropriate off road licence.

(c) You are not under 21 years old. Unless riding on private property with an mwa permit with an appropriate off road licence.

1.2 You must provide a valid Australian Photo License OR a valid International License showing approval for the Motorcycle requested to hire plus one other type of identification (eg: bank card, passport etc).

1.3 Hire offered

(a)No hire will be offered to those aged under 21 years old with unless riding on private property with under a mwa permit with an appropriate off road licence.

1.4 You confirm your understanding that Australian approved helmets are compulsory at all times whilst riding a motorcycle in Australia. Fines and Penalties are issued by the police for failure to do so.

1.5 EBWA reserves the right to refuse any hire of Motorcycle if any of the conditions of this clause are not met or for any other reason at the sole discretion of EBWA.

2. WHERE YOU CAN AND CANNOT RIDE THE MOTORCYCLE

2.1 You must only use the Motorcycle on roads or areas designated by your coach on the day.

2.2 You must remain within 400m of your coach on the day.

2.3 Hire is strictly for the duration of your tour.

2.4 Unlimited kilometres are included in hire.

3. USE OF THE MOTORCYCLE

3.1 You must:

(a) not allow the Motorcycle to be used for any illegal purpose, race, contest or performance test of any kind;

(b) not allow the Motorcycle to be used to tow or push anything;

(d) not be under the influence of alcohol, drugs or take anything that may adversely affect your ability to operate the Motorcycle;

(e) not allow the Motorcycle to be used to carry passengers for payment or reward of any kind;

(f) not use the Motorcycle when it is damaged or unsafe;

(g) not use the Motorcycle to transport goods;

(h) not use the Motorcycle for the conveyance or towing of any load;

(i) not use the Motorcycle to carry any inflammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances; and

(j) not use the Motorcycle in contravention of any law.3.2 You must pay for any unauthorised repairs to the Motorcycle and for all parking and traffic infringements in respect of the Motorcycle during the Rental Period.

3.3 You must not carry any animal or pet on the Motorcycle.

3.4 You must not smoke on the Motorcycle.

3.5 You must not drive the Motorcycle if EBWA has so directed You.

3.6 Fuel:

(a) You must use fuel provided by your coach on the day.

(b) Any damage due to incorrect fuel will incur charges to You.

3.7 You agreed to operate the Motorcycle in an appropriate and responsible manner.

3.8 You agree not to act offensively to your coach or other riders whilst riding the Motorcycle.

3.9 You agree that You are responsible for the Motorcycle during the hire period and that you will not allow anyone else to use or take possession of the Motorcycle with an exception of your coach on the day.

4. MAINTENANCE, SECURITY AND SAFETY

4.1 You must:

(a) check both front and rear tyre pressures, tyre wear & condition, all lights, horn, both front and rear brake operation, dash for all warning lights of the Motorcycle and conduct a visual inspection of the whole Motorcycle before use;

(b) keep the Motorcycle secure and under Your personal control at all times and not leave the Motorcycle unattended at any time;

(d) If any warning lights remain illuminate, then immediately make contact with EBWA to discuss what action needs to be taken.

4.2 In the unlikely and unforeseen event that your Motorcycle does require assistance for any mechanical troubles or difficulties or is involved in an accident or is damaged or is stolen, You must immediately contact EBWA.

4.3 EBWA will assist You with arrangements for towing or repairs or exchange of the Motorcycle however EBWA gives no warranty that it will be able to repair or replace the Motorcycle during the hire period. You must assist EBWA with any arrangements EBWA makes to either repair or collect the Motorcycle.

4.4 EBWA will not be liable to You for any delays, costs, damage or losses incurred due to breakdown, accident, damage or theft of the Motorcycle and will not be required to refund the remaining hire period. EBWA recommends that You should take out your own travel insurance for this purpose.

4.5 You must not have repairs to the Motorcycle carried out.

4.6 If the Motorcycle has mechanical difficulties, You must provide full assistance to EBWA to deliver the Motorcycle to a safe, secure location approved by EBWA.

4.7 If the mechanical difficulties (eg: flat battery, no fuel, any misuse etc) or damage are caused by You a call out fee plus any costs incurred to render assistance will be charged (Conditions Apply)

5. LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY

5.1 Subject to this clause 5, You are liable:

(a) for the loss of, and all damage to, the Motorcycle; and

(b) for all damage to the property of any person:

(i) which is caused or contributed to by You; or

(ii) which arises from the use of the Motorcycle by You. This clause 5 does not apply to any damage or loss for which EBWA is liable to You under this Rental Agreement. Remember that references to the Motorcycle includes all of its parts, components, accessories and contents.

5.2 You must always pay:

(a) if there is damage to or loss of the Motorcycle or if there is damage to the property of any third party;

(b) the cost of rectifying any tyre damage not attributable to normal wear and tear;

(i) You;

(ii) any other rider of the Motorcycle; or

(iii) any passenger carried during the Rental Period;

(d) the cost of repairing any damage to the Motorcycle or to third party property caused by You using, or permitting the Motorcycle to be used, in any area prohibited by the Rental Agreement;

(e) the cost of any repairs caused by, but not limited to, contact between the Motorcycle and objects overhanging or obstructing the path of the Motorcycle; or

(f) the cost of repairing any water damage to the Motorcycle or any underbody damage, and any resulting damage from that underbody damage, to the Motorcycle.5.4 For the purposes of this clause 5, the amount You must pay for any damage or repair that may be reasonably determined by EBWA and includes:

(a) the cost of repairs to the Motorcycle or the market value of the Motorcycle at the time of the loss or damage, whichever is the lesser;

(b) appraisal fees; (

c) towing, storage and recovery costs;

(d) a reasonable administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities; and

(e) a per day loss of use fee based on the estimated downtime of the Motorcycle. If the amount determined by EBWA and paid by You under this clause 5.4 exceeds the final cost of the damage or repair, EBWA will refund the difference to You.

6. RETURN OF MOTORCYCLE

6.1 You must return the Motorcycle to EBWA:

(a) to the place, on the date and by the time shown on the Rental Document;

(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted.6.2 You must return the Motorcycle to EBWA on the completion of your 6 hour period.

6.3 EBWA may request the immediate return of the Motorcycle, or EBWA may re-take the Motorcycle without notice, if EBWA reasonably suspects that:

(a) You have breached a term or condition of the Rental Agreement;

(b) damage to the Motorcycle, or injury to persons or property is likely to occur; or

(d) the Motorcycle may be used for an unlawful purpose; You must also pay EBWA any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Motorcycle.

6.4 EBWA reserve the right to refuse hire of another Motorcycle to You following any incident or accident or where You have breached a condition of this Rental Agreement.

6.5 You will be invoiced for any damage caused and payment must be made within 7 days of invoice creation.

6.6 If the Motorcycle is returned early, there will be no refund provided by EBWA for the unused portion of the rental period.

7. CLAIMS AND PROCEEDINGS

7.0 Where the use of the Motorcycle by You or any other person results in an accident or claim, or where damage or loss (including theft of the Motorcycle) is sustained to the Motorcycle or any third party property, You must:

(a) promptly report such incident to the local police and obtain a police report (where required by the state or territory law);

(b) promptly report such incident in writing to EBWA (within a maximum of 24 hours) and complete any incident form provided by EBWA;

(c) not, without EBWA’s written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;

(d) permit EBWA or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name;

e) permit or ensure that EBWA may claim in Your name, and assist EBWA in making such a claim;

(f) complete and furnish to EBWA within a reasonable time any statement, information or assistance which EBWA or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.

8. PAYMENT

8.1 You must pay to EBWA at least 5 business days prior to the commencement of the rental the cost of the tour.

8.2 At the end of the Rental Period, You must pay EBWA on demand:

(a) all outstanding charges specified on the Rental Document and all charges payable under the Rental Agreement; (b) any amount paid or payable by EBWA or You to any person arising out of Your use of the Motorcycle or imposed on You or EBWA by any governmental or other competent authority (such as speeding, parking and traffic fines, tolls or any other infringement or penalty issues in relation to use of the Motorcycle by You); and

(c) any amount for which You are liable to EBWA under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise.

Where required by law, EBWA will pass on your details to any relevant body.

9. LIABILITY OF EBWA AND INDEMNITY AND ACKNOWLEDGEMENT OF RISK

9.1 EBWA is not liable to any person, and You indemnify EBWA, for any loss of, or damage to, any property:

(a) stolen from the Motorcycle or otherwise lost during the rental; or

(b) left in the Motorcycle after its return to EBWA.

9.2 You agree not to make a claim, instigate a claim, and demand any expenses against EBWA for any personal injury, injury to others, property damage, loss of life suffered while using a EBWA Motorcycle.

9.3 You fully understand and acknowledge that being on a motorcycle can be dangerous and can expose You or others to potential injury or death, and that EBWA is unable to control the way other motorists drive or act and you unreservedly accept that risk.

9.5 Neither clause 9 nor any other provision of the Rental Agreement is intended to exclude, restrict or modify any non-excludable terms implied by or rights which You may have under the Competition and Consumer Act 2010 (Cth), or any other State or Territory legislation to the same effect.

10. TERMINATION

10.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.

10.2 You may terminate the Rental Agreement at any time for any other reason.

10.3 If the Rental Agreement is terminated early for any reason other than a breach by EBWA, You agree to pay the full rental charges for the whole of the hire period, which reflects the loss of the outstanding rental hire to EBWA and the loss of the ability to re-hire the vehicle for the period of the hire.