Parties
Between The Lessor described in Item 2.1 of the Schedule. And
The Lessee described in Item 2.2 of the Schedule.

RECITALS
This is an agreement between the Lessor and the Lessee whereby the Lessee agrees to rent the vehicle described in
Annexure A, including all accessories, tools, tyres and equipment and any replacement vehicle.

Agreement 1. Administrative Provisions
1.1 Definitions
Unless there is something inconsistent in the subject matter or context, the following definitions apply in this Lease:
(a) “Agreement” means this Vehicle Lease Agreement and all parts, schedules and annexures to it;
(b) “Lessor” means the party or parties named as the Lessor at Item 2.1 of the Schedule and if that party is a natural person includes their and each of their heirs, personal legal representatives and permitted assigns, or, if that party is a body corporate or other unincorporated body of persons, includes all its directors (if any), officers, agents, employees, servants and permitted assigns.
(c) “Lease” means this Lease Agreement and includes the Schedule, terms, clauses, annexures, tables or exhibits to it, as amended by the parties from time to time.
(d) “Rent” means the Rent detailed in Item 5 of the Schedule and includes any increased rent amount as the Rent is varied under this Lease.
(e) “Lessee” means the person named as the Lessee at Item 2.3 of the Schedule and if that party is a natural person includes their and each of their heirs, personal legal representatives and permitted assigns or, if that party is a body corporate or other unincorporated body of persons, includes all of its directors (if any), officers, agents, employees, servants and permitted assigns.
(f) “Term” means the Term detailed in Item 4.1 of the Schedule and any extension of it by the valid exercise of any option, and any holding over
1.2 General Acknowledgments
Each party separately acknowledges for the benefit of each other party that the acknowledging party has:
(a) had a fair and reasonable time and opportunity to read and consider the provisions of this Lease;
(b) fully and properly understood the provisions of this Lease and consider that those provisions are just, equitable and satisfactory to the party, having regard to the nature and purpose of the transactions contemplated by this Lease;
(c) obtained independent legal advice about the rights and obligations of the party under this Lease or has been made aware of the right to do so and has:
(i) done so to that party’s satisfaction; or
(ii) has elected not to do so;
(d) not relied upon any representation, promise or warranty made by any other party to the Lease, or any other third party, in entering into this Lease, except for those that are expressly stated in this Lease; and
(e) entered into this Lease entirely of their own volition:
(i) after appropriate consideration, reflection, and exercise of independent judgment; and
(ii) without any coercion, force, or undue influence having been exercised upon them in the execution of this Lease, either by another party or by any other person or persons.

2. Agreement to Lease
2.1 The Lessor, set out at Item 2.1 of the Schedule, agrees to lease to the Lessee, set out at Item 2.3 of the Schedule, and the Lessee agrees to take a lease of:
(a) the Vehicle described in Item 3 of the Schedule; and in doing so, each party covenants and agrees with the other party to be bound by the terms and conditions of this Lease.

3. Lessee’s Positive Covenants
3.1 During the Term of the Lease the Lessee must make all of the payments due and payable by the Lessee as and when they fall due, including: (a) Costs The Lessee must pay:
(i) all of the Lessee’s own costs of and incidental to this Lease;
(ii) the Lessor’s reasonable costs, on a solicitor and own client basis, of any amendments to this Lease that the Lessee requests to be made after the Lease has been executed;
(iii) the Lessor’s reasonable costs, on a solicitor and own client basis, of enforcement or recovery, including recovery of outstanding rental amount, arising from any breach of the Lease by the Lessor.
(iv) Costs of Recovery - The debtor/s shall pay for all costs actually incurred by (your business name) in the recovery of any monies owed under this Agreement. You agree to be liable for and indemnify (company name). These costs include recovery agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis, debt collection commission and legal fees on an indemnity basis.
3.2 Compliance with Laws and Permitted Use
During the Term of the Lease, the Lessee must, at all times, and must procure all other persons in the vehicle to, at all times, comply with all statutes and regulations that affect the Vehicle.
3.3 Maintenance and Repair
Subject to fair wear and tear and acts beyond the control of the Lessee excepted, excluding windscreen damage, the Lessee must keep the interior and exterior of the Vehicle in clean, good and substantial repair and condition.
3.4 Notices to Lessor (eg Accidents/Damage etc)
Where it is reasonably practical to do so, the Lessee must notify the Lessor verbally of any imminent danger or threat to the Vehicle and must take all reasonable actions to mitigate any imminent danger or threat.
3.5 Lessor Access/Inspections
The Lessee must allow the Lessor to access the Vehicle for inspection purposes upon receiving Reasonable Notice.
3.6 Child Safety Seats
The Lessor shall not be held liable for installation of child safety seats. The Lessee agrees to ensure any child safety seats are installed to their satisfaction and as required by legislation before use.
3.7 Alterations
The Lessee cannot make any alterations to the Vehicle.
3.8 Make Good any Damage
The Lessee must make good to any damage on the Vehicle caused in the course of driving the vehicle.
3.9 Fuel, Servicing, Kilometre Charges and Roadside Assistance
The vehicle must be returned with the amount of fuel equal to that at the time of the commencement of the rental period, as agreed upon by you during vehicle inspection. If the Vehicle is returned with less fuel the difference will be charged at a rate which may include a refuelling service fee component unless prior arrangements have been made and noted in writing. If you return the vehicle with more fuel that that at the time of the commencement of rental period, you agree to forfeit the additional fuel to the Company. You must use the correct fuel type for the Vehicle, and you are liable for any damage to the Vehicle if the Vehicle is refueled with the incorrect fuel type.
3.10 Returning Vehicle
The Lessee will return the Vehicle in a clean condition, otherwise a cleaning fee will be payable by the Lessee to the Lessor, to a value of minimum $20 and maximum $150 as determined by the Lessor according to the degree of uncleanliness.
3.11 Changing Vehicle
The Lessee is to pay a penalty fee of $80 upon requesting to change rental vehicle.

4. Lessee’s Negative Covenants
4.1 Unauthorized and Prohibited Use
4.1.1. Persons who must not drive the Vehicle:
(a) A person who is not nominated as a driver with complete licence details recorded on Annexure A.
(b) A person who is aged less than 21 years of age or greater than 75 years of age.
(c) A person whose blood alcohol concentration exceeds the lawful percentage or who is under the influence of a substance that would prohibit a person from driving under any law applicable in the State in which the person is driving.
(d) A person who has given, or for whom you have given a false name, age, address or driver’s licence details.
(e) A person whose driver’s license has been cancelled, endorsed with loss of demerit points (unless approved by the Company in writing) or suspended in whole or part within the last three years.
(f) A person who has held an unrestricted Australian driver’s license for at least 12 months.
(g) This Rental Agreement does not permit multiple Uber drivers for the Vehicle. The single authorized driver partner on the Uber technology platform must be nominated on Annexure A as such.
4.1.2. Circumstances in which and/or for which the Vehicle must not be used:
(a) Outside the Area of Use limitations stated at clause 4.1.2 (K).
(b) On unsealed roads or off road conditions unless authorised by the Company in writing.
(c) To propel or tow any vehicle, trailer, boat or other object unless the Company has authorised such use in writing.
(d) To carry any animals in the Vehicle (except for disability or similar assistance animals permitted by law), or to carry any inflammable, explosive or corrosive materials in the Vehicle.
(e) To carry any greater load and/or persons and/or a purpose for which the Vehicle was not designed.
(f) To carry any goods and/or load, without all necessary approvals, permits, licences and requirements of the law, to be obtained prior to use at the Hirer’s cost.
(g) To carry any goods and/or load not in accordance with Vehicle’s manufacturer’s recommendations.
(h) For racing, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes.
(i) In a reckless or dangerous manner and/or illegal purpose for which an infringement notice may be issued by Police and/or Authorities, or when it is damaged or unsafe.
(j) On beaches or through streams, dams, rivers, or flood waters, flood prone roads, forests, bushland, parks, bush fire affected areas or any roadway where the police or any other government authority have issued a warning or caution.
(k) outside of regional Victoria, or driven to other states within Australia. If the vehicle breaks down outside of metro Victoria, the towing costs incurred will fall on the Lessee.
4.1.3 The Vehicle must never be:
(a) Modified;
(b) Damaged deliberately or recklessly; or
(c) Sold, leased, rented or disposed of, and You must not register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009 (Com).
4.2 Maintain Possession
The Lessee must not deal with the Vehicle leased from the Lessor in any manner where possession is lost.
4.3 Abandonment
The Lessee must not abandon the Vehicle while the Lease is not terminated.
4.4 Compliance with Law
The Lessee must not carry out any illegal activities when using the Vehicle.
4.5 Fall into Arrears
The Lessee must not fall into arrears regarding payment of rent.
4.6 Damage to Vehicle
The Lessee must not cause any damage to the Vehicle.
4.7 Smoking
The Lessee must not smoke, or allow passengers to smoke in the Vehicle. The Lessee is liable to pay a cleaning fee of $AUD 200 for breaching this condition.

5. Mutual Covenants
5.1 Confidentiality
The Lessor and Lessee must not disclose the contents of this Lease to any person that is not a party to this Lease unless required in obtaining legal advice.

6. Security Bond
6.1 Payment of Security Bond
The Lessee must pay the security bond amount as per Item 5.4 of the Schedule by the date stated in Item 5.5 of the Schedule.
6.2 Consequences of Default
The Lessee will forfeit the security bond where the Lessee default on this Lease.
6.3 Repayment of Security Bond
The Lessor will repay the security bond to the Lessee on the date as per Item 4.3 of the Schedule subject to the Lessee returning the Vehicle in similar conditions as on the date as per Item 4.2 of the Schedule.

7. Indemnity
7.1 Lessee's Indemnity
The Lessee unconditionally and irrevocably indemnifies and holds harmless the Lessor for all injury, loss and damage caused to:
(a) the Lessee;
(b) vehicle passenger/s of the Lessee;
(c) the Lessor, including the Lessor’s agents and employees; arising from the use of the Vehicle by the Lessee or the conduct of the Lessee whether arising from any act or omission of the Lessee, whether negligent, reckless or wilful.

8. Notices
Unless a clause in this Lease requires a Reasonable Notice, all other notices must be given 7 days’ in advance.

9. Additional Clauses
9.1 Jurisdiction
This Lease is governed by, and construed in accordance with, the laws of Victoria and Australia
9.2 Dispute Resolution
In the event of any dispute, controversy, difference, conflict or claim arising out of this Lease or its performance, including without any limitation any question regarding to its existence, validity, or a claim for unlawful act, both the Lessor and the Lessee agrees to:
(a) attempt, for a period of 14 calendar days after the receipt by a Party of a notice from the other Party(ies) of the existence of the dispute, to settle the dispute by amicable settlement between the Parties; and
(b) The Lessor and Lessee agree to refer the dispute to the appropriate Court if both parties cannot reach an amicable settlement.