Indemnity Release

ACKNOWLEDGEMENT AND RELEASE FROM LIABILITY

(Please FILL IN ALL BLANK SPACES & PRINT IN BLOCK LETTERS)

MOTORCYCLE HOLIDAYS AUSTRALIA PTY LIMITED RENTAL AGREEMENT AND INDEMNITY RELEASE FORM

HIRER NAME:.……………………………………….…………………………………………….….

HIRER ADDRESS:…………………………………………………………..………………………..

HIRER DOB: ………….….…………. HIRER TELEPHONE: ………..…………….…….H ………………………….…..……..…………..W ……………………………………….………….…….. M

HIRER EMAIL:………………………………….…………………………………………………….

HIRER RIDER’S LICENCE NO:…………… ……………………………………………………..

IN CASE OF AN EMERGENCY

CONTACT PERSON:……………..…………………… TELEPHONE:……………………….….………

CONTACT PERSON ADDRESS:……………………………………………………………………………

This document was presented to the Hirer by Motorcycle Holidays Australia Pty Limited on the ………………………… and relates to the rental of a motorcycle by the Hirer.

The Hirer knows that the Hirer must read and understand this document before the Hirer signs it, and the signatures on this document means that the Hirer has read it and does understand it.

The Hirer knows that motorcycle riding is a dangerous recreation and that participation in motor cycle activities organized by/for Motorcycle Holidays Australia Pty Limited and/or use of motor cycles owned by Motorcycle Holidays Australia Pty Limited will expose the Hirer to the risk of serious injury or death. This possibility of injury or death can happen because of mechanical equipment failure, the Hirer’s own actions while riding, weather or road conditions, the actions or failures to act of other people, including other riders/Riders/pedestrians on the road with the Hirer, or any combination of these or other factors or any Act of God.

The Hirer recognises that the Hirer may be injured or killed as a result of the Hirer’s own or someone else’s negligence, either active or passive or by an equipment failure of the sort which would permit suit against a manufacturer or supplier on a theory of strict (product) liability.

The Hirer hereby acknowledges that this Release/Waiver applies to the proprietor(s) of Motorcycle Holidays Australia Pty Limited, its owners, managers, servants, agents, executors, heirs and assigns which includes all employees, contractors, tutors and agents who partake or are involved in the hire of any vehicle.

The Hirer hereby acknowledges that this Release/Waiver applies to any tour guide, tour operator and any of its staff, employees, contractors or any other person organizing a tour involving the hire of a vehicle from Motorcycle Holidays Australia Pty Limited.

The Hirer acknowledges and confirms that: -

(a) The vehicle/motorcycle used by the Hirer is in a roadworthy and safe condition;

(b) The Hirer will wear all reasonable and proper safety equipment and safety apparel;

(d) The Hirer has read this document and accepts it’s terms and conditions;

(e) The Hirer is over twenty five (25) years of age;

(f) The Hirer holds a full current Australian Rider’s Licence or International Licence without restriction(s).

The Hirer promises and undertakes to follow all road rules, conditions, directions and condition signs given or shown to him/her for hire by persons referred to in 5 & 6 above and acknowledges that breach of same entitles Motorcycle Holidays Australia Pty Limited to exclude the Hirer from this and/or future hire and entitles Motorcycle Holidays Australia Pty Limited to cancel without notice the hire agreement.

The Hirer accepts the use of all equipment furnished to the Hirer by Motorcycle Holidays Australia Pty Limited “as is,” with any defects, whether apparent or not. The Hirer releases Motorcycle Holidays Australia Pty Limited

and all persons described in 5 & 6 above from any strict or product liability for the Hirer’s injury or death or

property damage to whomsoever caused.

In addition, by signing this agreement and participating in the activities as organized by Motorcycle Holidays Australia Pty Limited, the Hirer acknowledges that the Hirer is prepared to take the Hirer’s chances of injury, death or property damage,

and assume the risk that the Hirer may be injured or killed while participating in the hire or other activities organized by Motorcycle Holidays Australia Pty Limited.

The Hirer further acknowledges that if the Hirer is accepted to partake in the hire on the condition that the Hirer rides safely and does not risk any person or property unnecessarily and complies with all road laws.

12. The Hirer hereby releases and indemnifies Motorcycle Holidays Australia Pty Limited and all persons referred to in 5 & 6 above from any claims or liability for death, personal injury or property damage howsoever caused, as a condition of acceptance of the hire agreement.

13. Notwithstanding the provisions of the Privacy Act or any other Legislation, the Hirer hereby authorises and directs Motorcycle Holidays Australia Pty Limited to provide all information known to Motorcycle Holidays Australia Pty Limited about the Hirer including a copy of this form, accident report, statements, accounts, faxes, invoices and any other documentation in possession or available to Motorcycle Holidays Australia Pty Limited or any persons referred to in clauses 5 or 6 above, to any interested person.

14. That participation in the hire by Motorcycle Holidays Australia Pty Limited is conditional to the above terms or other consideration as agreed between the Hirer and Motorcycle Holidays Australia Pty Limited.

15. Because laws regarding negligence and liability are different from state to state and country to country, the Hirer understands and agrees that any legal action involving this release, or it’s effect, shall be governed by the laws of the State of New South Wales, regardless of the place of injury, death or damage, or the location of any Court in which such action is brought.

16. The Hirer knows that the Hirer must sign this contract before the Hirer may hire a vehicle from Motorcycle Holidays Australia Pty Limited.

17. The Hirer acknowledges that the Hirer is responsible for any property damage caused by the Hirer to any motorcycle which amounts to a value less than the insurance excess payable by Motorcycle Holidays Australia Pty Limited. The Hirer further acknowledges the excess is AUD$…………..…..00.

Loss, damage and loss of Property

18. Subject to clause 18, 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 an authorised Rider/Rider; or

(ii) which arises from the use of the motorcycle by you or an authorised Rider/Rider.

This does not apply to any damage or loss for which Motorcycle Holidays Australia Pty Limited is liable to you under this Rental Agreement and Indemnity Release.

18(2). Subject to clause 18.3, if

a. you pay the excess shown in clause 17. above for each separate event involving damage to or loss of, the motorcycle or for each separate event involving damage to the property of any third party which is caused by the use of the motorcycle by You or an Authorised Rider, to Motorcycle Holidays Australia Pty Limited;

b. waives your liability under clause 18 for damage to the motorcycle or loss of the motorcycle; and

c. that you and any Authorised Rider are entitled to be indemnified under a policy of motor motorcycle insurance provided by a registered insurer for Your and an Authorised Rider’s legal liability to a third party for damage to the property of that third party which is caused by the use of the Motorcycle by You or an Authorised Rider;

18(3) You must pay, and clause 18.2 does not cover:

a. the excess shown in clause 17 above 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;

c. the cost of repairing any damage caused deliberately or recklessly by:

(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 this agreement;

19(4) For the purposes of this clause 18, the amount You must pay for any damage or repair that may be reasonably determined by Motorcycle Holidays Australia Pty Limited includes:-

(a) the cost of repairs to the motorcycle or the market value of the motorcycle;

(b) towing, storage and recovery costs;

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

(d) a per day loss of use fee based on the estimated downtime of the motorcycle

If the amount determined by Motorcycle Holidays Australia Pty Limited and paid by You under this clause 19.4 exceeds the final cost of the damage or repair, Motorcycle Holidays Australia Pty Limited will refund the difference to you.

· You are hiring a road motorcycle and as such must only use the motorcycle on a road which is properly formed and constructed as a sealed or graded gravel road;

· You and any authorised Rider/Rider 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;

c. not carry more than passengers or a greater load than that for which it was built;

d. not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the motorcycle is ridden/driven;

e. not use the motorcycle in contravention of any law;

f. not use the motorcycle when it is damaged or unsafe;

g. The Hirer is responsible for and must pay for any unauthorized repairs to the motorcycle during the rental period and for all parking and traffic infringements in respect of the motorcycle during the rental period;

h. You and any authorised Rider must not unless authorised in writing by Motorcycle Holidays Australia Pty Limited drive or take the motorcycle:

a. to Kangaroo Island, Fraser Island, Stradbroke Islands or Moreton Island;

b. in the Northern Territory and Western Australia outside any city limits between dusk and dawn or;

c. on beaches or through streams, rivers, creeks, dams or floodwaters;

Return of Motorcycle

20.1 You must return the motorcycle to Motorcycle Holidays Australia Pty Limited:

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;

20.2 You must return the motorcycle to Motorcycle Holidays Australia Pty Limited location during our normal business hours. If you return the motorcycle later than the time shown on the rental document, you must pay all additional rental charges;

20.3 If:

a. You return the motorcycle on a date, or at a time, or to a place other than that shown on the rental agreement; or

b. Any special conditions set out in the “rates” section on the Rental Agreement and Indemnity Release are breached, the rates shown on the Rental Agreement and Indemnity Release will not apply and you must pay Motorcycle Holidays Australia Pty Limited the standard rate for the motorcycle for the rental period.

20.4 Motorcycle Holidays Australia Pty limited may request the immediate return of the motorcycle or Motorcycle Holidays Australia Pty Limited may re-take the vehicle without notice if Motorcycle Holidays Australia Pty Limited suspects that:

a. You have breached a term or condition of the Rental Agreement and Indemnity Release;

b. Damage to the motorcycle, or injury to persons or property is likely to occur; or

c. The motorcycle will be involved in an industrial dispute; and

d. The motorcycle may be used for an unlawful purpose;

You must also ay Motorcycle Holidays Australia Pty Limited any cost it incurs as well as all costs and charges under the Rental Agreement and Indemnity Release for the period up to return/possession of the vehicle;

20.5 Motorcycle Holidays Australia Pty Limited reserves the right to refuse hire of another motorcycle to you following any incident or accident or whereby you have breached a condition of this Agreement.

Claims and Proceedings

21. Where the use of the motorcycle by you, an Authorised Rider, or any other person results in an accident or claim, or where damage or loss is sustained to the motorcycle or any third party property, you and/or any Authorised Rider must:-

a. promptly report such incident to the local Police;

b. promptly report such incident in writing to Motorcycle Holidays Australia Pty Limited;

c. not, without Motorcycle Holidays Australia Pty Limited written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;

d. permit Motorcycle Holidays Australia Pty Limited 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 Motorcycle Holidays Australia Pty Limited may claim in your name or that or the Authorised Rider under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Rider to assist, Motorcycle Holidays Australia Pty Limited in making such claim, including assigning any right to claim under any Substitute Vehicle Insurance to Motorcycle Holidays Australia Pty Limited;

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

Payment

22.1 At the end of the rental period, you must pay Motorcycle Holidays Australia Pty Limited on demand:

a. all charges specified on the Rental Agreement and Indemnity Release;

b. any amount payable by Motorcycle Holidays Australia Pty Limited or you to any person arising out of your use of the motorcycle or imposed on you or Motorcycle Holidays Australia Pty Limited by any governmental or other competent authority (such as speeding, parking and traffic fines); and

c. any amount for which you are liable to Motorcycle Holidays Australia Pty Limited under the Rental Agreement and Indemnity Release, in respect of a breach of the Rental Agreement and Indemnity or otherwise.

22.2 The minimum charge you must pay for the rental of the motorcycle is an amount equivalent to:

a. One day’s rental at the “daily rate” shown on the Rental Document (subject to clause 20.4); plus

b. the amount payable for the number of kilometers driven during the rental period;

22.3 Distance charges are measured from the motorcycles odometer.

22.4 You authorise Motorcycle Holidays Australia Pty Limited to charge all moneys payable to Motorcycle Holidays Australia Pty Limited under the Rental Agreement and Indemnity Release to your credit card.

22.5 Motorcycle Holidays Australia Pty Limited will pay any refund due to you by such method as Motorcycle Holidays Australia Pty Limited may reasonably choose.

Liability of Motorcycle Holidays Australia Pty Limited

23.1 Unless it is negligent, Motorcycle Holidays Australia Pty Limited is not liable to any person, and you indemnify Motorcycle Holidays Australia Pty Limited for any loss or damage to any property;

a. stolen from the vehicle or otherwise lost during rental; or

b. left in the motorcycle after its return to Motorcycle Holidays Australia Pty Limited.

23.2 Neither clause 23.1 nor any other provision of the Rental Agreement and Indemnity Release is intended to exclude, restrict or modify any non-excludable terms implied by or rights which you may have under the Trade Practices Act 1974 (Commonwealth) (“the TPA”) or any other State or Territory legislation to the same effect.

23.3 If your Rental Agreement and Indemnity Release is a contract for the supply of “recreational services” as defined by Section 68B of the TPA or any comparable legislation, Motorcycle Holidays Australia Pty Limited has no liability to you or an authorised Rider for death or personal injury arising in connection

with any breach by Motorcycle Holidays Australia Pty Limited of any term implied by Section 74 of the

TPA or any comparable legislation.

Termination

24.1 Either party may terminate the Rental Agreement and Indemnity Release at any time if the other party commits a material breach of the Rental Agreement and Indemnity Release;

24.2 You may terminate the Rental Agreement and Indemnity Release at any time for any other reason;

24.3 If the Rental Agreement and Indemnity Release is terminated early for any reason other than a breach by Motorcycle Holidays Australia Pty Limited, you agree to pay rental charges that reflect the actual duration of the rental. Such charges may be higher than those that apply for a longer rental period.

25. IN CONSIDERATION of being permitted to participate in any way the event/tour EACH OF THE UNDERSIGNED, for herself/himself, her/his personal representatives, heirs and next of kin agree to be bound by this Agreement.

This document was signed freely and voluntarily relating to the activity organized by Motorcycle Holidays Australia Pty Limited as above.

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Hirer’s Signature

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Witness’ Signature Witness’ Name (please print)