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Rental

1.1 Subject to the terms of this Agreement, the Company agrees to hire the Vehicle to You and You agree to hire the Vehicle from the Company for the Hire Period. If the Company grants its consent to an extension of the Hire Period, the Return Date shall be extended to 10.00 am (or such other time as may be noted on the face hereof) on the last day ("the Extended Return Date") of the agreed extension of the Hire Period. You may only use the Vehicle for the duration of the Hire Period. If you fail to return the Vehicle on the Return Date without the prior consent of the Company, the Company may treat the Vehicle as stolen and may report same to the authorities without any liability to You whatsoever.

1.2 You acknowledge and agree that the Vehicle is delivered to you in good operating and roadworthy condition, with the seal of the odometer unbroken and without any damage or defects (mechanical or otherwise) other than those noted on the Condition Diagram (which you also acknowledge accurately reflects the condition of the Vehicle at the time you take Possession of it). You must return the Vehicle to the Return Location on the Return Date in the same condition as it is in as at the Commencement Date fair wear and tear excepted (other than windscreen or tyre rim damage). Despite anything herein to the contrary, however, and without prejudice to its other rights, the Company may retake Possession of the Vehicle without prior demand and at your expense if you breach this Agreement, or if the Vehicle is illegally parked, used in violation of any law or is in the Company’s opinion apparently abandoned. If Possession is retaken, any unexpired part of the Hire Period will thereupon be extinguished without any refund to you.

Charges and Bond

2.1 You must pay the Daily Hire Charge for each day of the Total Hire Period in advance or as otherwise agreed by the Company. If the Vehicle is returned with the seal of the odometer broken the person responsible will be reported to the appropriate authority and You must pay additional hire charges calculated on the basis of 500 kilometres per day at $0.50 per kilometre.

2.2 Prior to taking Possession of the Vehicle, you must deposit the Bond with the Company. The Bond may be deposited in cash or in the form of a credit card imprint signed by the cardholder. Notwithstanding anything to the contrary in this Agreement, the Company is hereby irrevocably authorised to debit against the Bond from time to time any moneys that become payable by You pursuant to this Agreement; to avoid doubt, if the Bond is provided by way of a credit card imprint, the Company is authorised to debit such moneys aforesaid against the Bond from time to time even if the total thereof exceeds the amount of the Bond noted on the face hereof and may exercise its rights hereunder even if the bond slip has been destroyed or returned to you.

2.3 All hires come with a standard excess of $2500. If you select this option, a bond of $2500 will be required on check out and will be charged to your credit card. For drivers 21 or over, you can reduce this excess to $2000 for multiple vehicle accidents or $1000 for single vehicle accidents by paying an extra fee of $10 per night. If you select this option, a bond of $500 will be required on check out and will be imprinted to your credit card or left in cash.

2.4 Drivers under 21 must take out an insurance reduction option of $15 per night which sets the excess at $1000 for multiple vehicle accidents and $2000 for single vehicle accidents. A bond amount of $500 will be required and will be imprinted to a credit card or must be left in cash.

Additional Charges For Which You May Become Liable

3.1 Notwithstanding anything in this Agreement to the contrary, to the full extent permitted by law, if you breach this Agreement You must pay or repay to the Company on demand, and You hereby indemnify the Company in respect of, all losses, expenses and damages which the Company or any Third Party sustains by reason of such breach, including but not limited to (i) any personal injury, loss of income, or property loss or damage sustained by either of them; (ii) any repair costs to the Vehicle or any Third Party vehicle, or the replacement cost thereof if in the opinion of the Company the same cannot be repaired; (iii) any speeding or parking fines, any assessment, transportation, towing and recovery, and storage charges or expenses incurred by the Company or Third Party aforesaid; (iv), any legal costs and administration expenses incurred by the Company in investigating and/or responding to, defending or prosecuting any legal proceedings, claims or enquiries arising in connection with any such breach of this Agreement; and (v) any judgment obtained by any Third Party against the Company in any Court or Tribunal of competent jurisdiction which in any way relates to or arises from any breach of this Agreement, including any legal costs and expenses, and interest payable thereunder.

3.2 Any moneys payable by you pursuant to this Agreement shall be recoverable as a liquidated debt. The provisions of this Clause 3 are for the sole benefit of the Company.

3.3 One Way Fees are charged for hires between 2 different depot locations. For New Zealand hires between Auckland and Christchurch or vice versa, a $50 one way fee will be charged. For Australian hires, the one way fee will differ between $100 and $400 depending on the locations.

Breach

4.1 You will be in breach of this Agreement if: (i) you fail to pay any part of the Daily Hire Charges or other moneys payable hereunder by the due date hereunder; (ii) The Vehicle is involved in any parking or other traffic violation for which a fine is imposed and you fail to discharge any fine in relation thereto within twenty-four hours of such violation, whether or not you know of such violation; (iii) the Vehicle is involved in any single vehicle accident; (iv) the Vehicle is involved in any multiple vehicle accident caused or contributed to by you; (v) the Vehicle is lost or stolen; (vi) The underbody of the Vehicle is damaged regardless of cause; (vii) The Vehicle is totally or partially immersed in water regardless of cause; (viii) The interior of the Vehicle is damaged regardless of cause; (ix) The tyres of the Vehicle are damaged otherwise than by normal wear and tear; (x) The Vehicle is damaged by driving it under an object lower than the height of the Vehicle; (xi) You fail to maintain all fluid levels; (xii) You fail immediately to rectify or report to the Company any defect in the Vehicle of which you become aware or of which you should have been aware; (xiii) The Vehicle is damaged by loading or unloading, other than normal wear; (xiv) You fail to secure properly any load or equipment which leads to the loss or damage caused by any part of the said load or equipment; (xv) if you have directed the Company to bill any moneys, including the Bond, payable by You hereunder to a person who is not a Hirer, that other person fails to make payment when due or prevents (by legal action or otherwise) the deduction of any moneys payable by You hereunder from any Bond provided by that person; (xvi) Any attempt by the Company to deduct moneys from any credit card nominated by You for the purposes of this Agreement is declined, for whatever reason; (xvii) You fail promptly to report any incident of loss or damage involving the Vehicle during the Entire Hire Period to the Company, or You fail to deliver to the Company any summons, complaint, claim or other paper in relation to such loss or damage; (xviii) You fail to report any incident involving the Vehicle as aforesaid to the police or other proper authorities; (xix) You fail to return the Keys to the Vehicle when returning the latter; (xx) You fail to comply with any of your obligations (whether positive or negative) as set out in this Agreement; (xxi) You abandon the Vehicle; (xxii) You permit an Unauthorised Person to drive the Vehicle; and/or (xxiii) You drive the Vehicle: (a) Outside the nominated Area of Use; (b) On unsealed roads or in off-road conditions; (c) To carry persons for hire or to carry any inflammable, explosive or corrosive materials; (d) To propel or tow any vehicle, trailer, boat or other object; (e) To carry any animal or pet in the Vehicle; (f) To carry any greater load and/or more persons than is lawful or to use in a manner or for a purpose other than for which the Vehicle was designed and constructed; (g) For racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes; (h) In a dangerous, dazed or negligent manner; (i) In contravention of any legislation or regulation controlling vehicle traffic or for any illegal purpose; and/or (j) Without due care and attention.

Company’s Indemnity

5.1 During the Hire Period the Company will indemnify You ("the Indemnity") in respect of any Court Judgment obtained by a Third Party in respect of property loss or damage arising from an incident caused or contributed to by You to a limit of $50,000, other than in relation to any property which is (a) owned by You (or any friend, relative, associate or partner of Yours) or (b) in your Possession or control, provided always that: (i) You have paid the Liability Charge to the Company in cash within 12 hours of the said incident in consideration for the Company giving the required Indemnity; and (ii) You are not in breach of this Agreement (whether prior or subsequent to the said incident); and (iii)You are not covered under any policy of insurance in respect of the said incident; (iv) You promptly provide such information and assistance as may be requested by the Company from time to time and, if requested, You have authorised the Company or any other person nominated by the Company ("the Nominee") to bring, defend or settle legal proceedings in which event the Company or the Nominee as the case may be shall have sole conduct of the proceedings; (v) You acknowledge and agree that the Company shall be subrogated to any rights which You at any time have or might have against any other person as a consequence of the incident for which You require the Indemnity ("the Subrogated Rights"); and (vi) You have not engaged in any act or omission which in the Company’s unfettered opinion has detrimentally affected its ability to enforce the Subrogated Rights; (vii) Prior to entering into this Agreement, you fully disclosed any Material Fact to the Company; and (viii) You have not admitted liability wholly or in part for the incident.

General Provisions

6.1 You release and hold harmless the Company (and its agents and employees) from all claims for loss or damage to your personal property, or that of any other person whose property is left in the Vehicle, or which is received, handled or stored by the Company at any time before, during or after the Entire Hire Period, whether due to the Company’s negligence or otherwise.

6.2 Except as provided by law, and then only to the extent that any such obligation cannot be excluded: (a) no part of any moneys paid or payable by You pursuant to this Agreement is refundable; and (b) no driver or passenger or Hirer in the Vehicle shall be or be deemed to be the agent, employee or sub-contractor of the Company for any purpose whatsoever.

6.3 You acknowledge and agree that the Company gives no express warranty (and that to the fullest extent permitted by law the Company excludes any warranty implied by any law) as to any matter whatsoever including without limitation the condition of the Vehicle and any equipment or facilities therein, or the merchantability or fitness for any purpose of such Vehicle or equipment or facilities provided always that to the extent that the Company is unable to exclude any implied warranty aforesaid you acknowledge and agree that so far as the law permits the Company’s liability for the breach of any such implied warranty shall be limited to the total of the Daily Hire Charges paid by you less any fees, charges and expenses incurred by the Company in relation hereto, including any commissions or booking fees paid to a Third Party.

6.4 The exercise of any of the Company’s rights hereunder shall in no way limit, restrict or prejudice the Company’s ability to exercise any of its other rights, remedies and powers whether contractual, statutory or common law in nature, and whether legal or equitable.

6.5 No right of the Company under this Agreement nor any of Your obligations hereunder may be waived except in writing by a director or solicitor of the Company;

6.6 This Agreement shall be governed by the laws of the State of Queensland and You and the Company submit to the non-exclusive jurisdiction of the courts of the said State.

6.7 Where any dispute arises between the Company and the Hirer as to any date or amount or the existence of any fact (including any breach) for the purposes of any provision of this Agreement, a certificate signed by any one of the directors, attorneys, solicitors or secretary for the time being of the Company stipulating the same shall be conclusive evidence thereof unless You prove the contrary.

6.8 You hereby irrevocably nominate, constitute and appoint the Company and each of its directors and officers from time to time the several attorneys jointly and each of them severally to be your true and lawful attorneys to act and deed in your name and on your behalf from time to time if and when the Company shall think fit for the purpose of giving full effect to its rights hereunder provided always that the provisions of this clause shall be deemed to come into force and the powers hereby conferred on the Company shall be exercisable only if and when You are in breach of this Agreement. In exercising its power of attorney aforesaid the Company shall be authorised to enter into conflict transactions generally for the purposes of s73 of the Powers of Attorney Act 1998 (Qld).

6.9 Notwithstanding anything herein to the contrary, you acknowledge and agree that the Company is not an insurer and does not represent itself to be an insurer. For the protection of the Company, you also acknowledge and agree that if the Company is found to be an "insurer", or a purported insurer, by any Court or Tribunal of competent jurisdiction for the purposes of any law governing any arrangement relating to or forming part of this Agreement, whether statutory or otherwise, this Agreement shall be read and construed as though Clause 5.1 of this Agreement had been severed from the beginning.

6.10 Should any term, covenant, condition, provision, stipulation or restriction hereincontained be or become illegal or unenforceable then in such case this Agreement shall be read and construed as if such term, covenant, condition, provision, stipulation or restriction as the case may be had been severed from the beginning and the remaining part of this Agreement shall remain in full force and effect.

6.11 Time is of the essence of this Agreement.

Definitions and Interpretation

7.1 Unless the context otherwise requires, in this Agreement the following words shall have the meanings ascribed to them: "Area of Use" means any one or more of the areas identified on the face of this document nominated with a tick or a cross in the box adjacent to the name thereof; "Bond" means the amount noted as such on the face hereof; "Commencement Date" means the time and date noted in the "Out" section on the face hereof; "Company" means The Wicked Cult Pty Ltd (ACN 099 404 074); "Condition Diagram" means the motor vehicle diagram on the face hereof for the purposes of recording any damage or defects in the Vehicle at the time You take Possession of it; "Daily Hire Charge" means the amount noted as such on the face hereof; "Details" means full name, address in Australia, date of birth, and licence number and licence expiry date; "Extended Return Date" means has the meaning set out in sub-Clause 1.1 hereof; "Hire Period" means the period commencing on the Commencement Date and terminating on the Return Date; "Hirer" means a person who has personally: (a) Attended at the Rental Location, (b) Presented a copy of his or her Driver’s Licence to the Company’s representative who signs this Agreement on behalf of the Company, and (c) Signed the acknowledgement at the foot of the face hereof; "Keys" means any and all keys relating to the Vehicle and delivered to You by a representative of the Company; "Liability Charge" means the amount noted as such on the face hereof; "Material Fact" means any fact relating to You which had it been disclosed to the Company might reasonably be expected to have resulted in the Company severing Clause 5 hereof from this Agreement, including (but not limited to) the fact that at any time during the five (5) calendar years immediately prior to Your entering into this Agreement You were involved in a motor vehicle accident, committed any traffic infringement, committed any criminal offence or made any claim in relation to any insurance policy arising out of the use or ownership of a motor vehicle, or that you were affected by any medical condition which might in any way impair your ability safely to manage a motor vehicle; "Possession" means any degree of possession and includes actual custody and lawful, legal and constructive possession; "Rental Location" means the premises nominated as such on the face hereof, and in the absence of any such nomination, means the premises from which you take Possession of the Vehicle at the commencement of the Total Hire Period; "Return Date" means the time and date noted in the "Due In" section on the face hereof or the Extended Return Date as the case may be; "Return Location" means the premises nominated as such on the face hereof, and in the absence of any such nomination, means the Rental Location; "Single Vehicle Accident" means any incident in which the Vehicle sustains a loss or damage irrespective of the cause except an incident involving another Vehicle which has been identified and all details of which have been provided by You to the Company; "Third Party" means any person other than You or the Company; "Total Hire Period" means the Hire Period and includes each day thereafter until the Vehicle is physically returned to the Return Location; "Unauthorised Person" means any one or more of the following persons: (a) A person who is not a Hirer, (b) A person who is not licenced for the class of vehicle to which the Vehicle belongs (whether or not such person is a Hirer), (c) A person whose blood alcohol concentration exceeds the lawful percentage, (d) A person whose driver’s licence has been cancelled, endorsed or suspended within the last three years or who is otherwise on a probationary licence (whether or not such person is a Hirer), (e) A person who has held a driver’s licence for less than two years (whether or not such person is a Hirer), or (f) A person who has not inserted his or her full Details on the face hereof (whether or not such person was otherwise intended to be a Hirer);"Vehicle" means the motor vehicle identified on the face of this document and includes all accessories, tools, tyres and equipment affixed (permanently or otherwise) thereto or contained therein and any replacement motor vehicle; "You" means the Hirer hereunder.

7.2 Unless the context otherwise requires, in this Agreement: (a) Any word importing the singular includes the plural and vice versa; (b) Any word importing one gender includes the other genders; (c) Any reference to a person shall be construed as a reference to any person, firm, company, corporation, government, governmental authority, state or agency of a state or any association or partnership (whether or not having corporate legal personality) or any two or more of the above; (d) Any reference to a statute is to be considered as including all statutory provisions consolidating, amending or replacing the statute referred to and all regulations, rules, by-laws, proclamations, orders and other authorities pursuant to the statute; (e) Any reference to a clause, sub-clause, paragraph or Schedule shall, unless otherwise indicated, refer to a clause, sub-clause, paragraph or Schedule to or of this Agreement; (f) Any heading used in this Agreement is used for convenience only and shall not be used in the interpretation of this Agreement; (g) Derivatives of any term to which a meaning is assigned in this Agreement shall have a corresponding meaning; (h) Where the Hirer consists of more than one person the covenants on the part of the Hirer herein contained shall bind each two or more of the persons jointly and each person severally. The release of one or more Hirers from an obligation hereunder shall not release any remaining Hirer; (i) A reference to a day includes a part of a day; and (j) This Agreement must not be construed contra proferentum.