This Parking Space Rental Agreement, hereinafter referred to as "Agreement," is entered into and made effective this ________ by and between the following parties (hereinafter "Parties" or individually "Party"):
BETWEEN THE PROVIDER(S) (hereinafter "Provider"):
Of the following address:
AND THE RENTER(S) (hereinafter "Renter"):
Of the following address:
RECITALS:
WHEREAS, Provider wishes to offer for rent a parking space(s), as defined below;
WHEREAS, Renter wishes to rent such parking space(s) from Provider;
NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties hereby agree as follows:
(1) DEFINITIONS:
In this Agreement, the following definitions apply:
"ACL" means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).
"Agreement" means this agreement.
"Business Day" means a day which is not a Saturday, Sunday, public holiday or bank holiday in New South Wales .
"Corporations Act" means the Corporations Act 2001 (Commonwealth).
"Damage or Loss" has the meaning defined in the "Security Deposit" clause of this Agreement.
"Deposit" has the meaning defined in the "Security Deposit" clause of this Agreement.
"End Date" has the meaning defined in the "Duration of Rental" clause of this Agreement.
"GST" means Goods and Services Tax imposed on a supply of goods or services in Australia, pursuant to GST Law.
"GST Amount" means an amount equal to the GST payable on the Rental, calculated by multiplying the Rental Price by the prevailing GST rate as provided by GST Law.
"GST Law" means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).
"New Address" has the meaning defined in the "Notices" clause of this Agreement.
"Nominating Party" has the meaning defined in the "Notices" clause of this Agreement.
"Party" means either the Provider or the Renter.
"Parties" means the Provider and the Renter collectively.
"Provider" means ________ .
"Rental" means the transaction between Provider and Renter in accordance with this Agreement.
"Rental Price" means the amount (in Australian dollars) that the Renter must pay to the Provider for the Rental of the Space under this Agreement, as set out in the "Price" clause of this Agreement.
"Rental Period" means the period of time which commences on the earlier of the Start Date or the date when the Renter actually starts using the Space, and ends on the later of the End Date or the date when the Renter actually vacates the Space.
"Renter" means ________ .
"Start Date" has the meaning defined in the "Duration of Rental" clause of this Agreement.
"Statutory Rights" has the meaning defined in the "Limitation of Liability" clause of this Agreement.
"Termination" means the termination of this Agreement.
(2) INTERPRETATION:
In this Agreement, unless the context otherwise requires, the following rules of interpretation shall apply:
(a) Words referring to one gender include every other gender.
(b) Words referring to a singular number include the plural, and words referring to a plural include the singular.
(c) If a word or phrase is defined in this Agreement then any grammatical variations of that word or phrase have a corresponding meaning.
(d) Words referring to a person or persons include firms, corporations, associations, partnerships, joint ventures, authorities, government bodies, organisations and other legal entities, and vice versa.
(e) Any reference to time is a reference to time in New South Wales .
(f) In the event that something must be done under this Agreement on or before a particular date, if that date falls on a day which is not a Business day, then that thing must be done on or before the next Business day.
(g) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
(h) Headings and titles are included in this Agreement for convenience only and shall not affect the interpretation of this Agreement.
(i) Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Agreement and the events contemplated by it.
(j) A reference to legislation or any part or provision of that legislation includes any subordinate legislation, any amended legislation, and any substituted legislation issued under that legislation.
(k) A reference to an agreement or document is a reference to that agreement or document as amended, replaced, supplemented or novated from time to time.
(l) A reference to a Party also includes that Party's successors, assigns, legal personal representatives and/or any person that is substituted by way of novation.
(m) Any reference to money or currency, unless otherwise specified, is a reference to Australian dollars.
(3) RENTAL OF PARKING SPACE:
(a) Provider hereby agrees to provide, and Renter agrees to rent, the following (the "Space"):
(b) The transaction between Provider and Renter will hereinafter be described as the "Rental".
(4) DURATION OF RENTAL:
The period of the Rental ("Rental Period") will begin on ________ ("Start Date") and end on ________ ("End Date").
(5) PRICE:
(a) For the Rental of the Space, the Renter agrees to pay and Provider agrees to accept the following amount:
$ ________ (________), per day from the Start Date to the End Date of the Rental, or until the Space is vacated by the Renter (whichever is the latest), (in sum, the "Rental Price"). This Rental Price is exclusive of GST.
(b) In the event that the Renter does not vacate the Space on or before the date that the Renter is required to vacate the Space under the terms of this Agreement, the Provider may charge a daily fee equal to a proportion of the Rental Price, calculated on a pro rata basis.
(c) The Provider and the Renter each acknowledge the sufficiency of the Rental Price as consideration.
(d) Unless otherwise explicitly agreed to by each of the parties, any taxes (which may include but are not limited to GST), duties (including stamp duty) levies, charges or imposts payable in respect of this Agreement or the transactions contemplated by it will be paid by the Renter.
(6) GOODS AND SERVICES TAX:
(a) Unless otherwise explicitly agreed to by each of the parties, the Rental Price payable under this Agreement excludes GST.
(b) In the event that GST is payable on the Rental made under or in connection with this Agreement, the Renter will pay to the Provider an amount equal to the GST payable on the Rental ("the GST Amount"), calculated by multiplying the Rental Price by the prevailing GST rate.
(c) The Renter must pay the GST Amount to the Provider at the same time and in the same manner as the Rental Price is payable.
(d) Any obligation on the Renter to pay the GST Amount under this clause is conditional on the Provider providing to the Renter a valid tax invoice in accordance with GST Law.
(e) This clause will survive Termination, expiration or Completion of this Agreement.
(7) OUTGOINGS AND UTILITIES:
(a) The Provider will promptly pay any applicable outgoings and utilities for the Space in relation to the following:
(II) council rates.
(III) parking space levy.
(VI) body corporate fees.
(VII) the following maintenance items: ________ .
(8) SECURITY DEPOSIT:
(a) A security deposit of the following amount is required: $ ________ (________) ("Deposit").
(b) The Deposit will be due on or before ________ .
(c) The Deposit will be held by the Provider in trust, as security for the performance by the Renter of the Renter's obligations under this Agreement and as security against any damage to the Space, loss of any keys, or loss suffered by the Provider in connection with this Agreement as a result of the actions or omissions of the Renter or any directors, employees, officers, agents, representatives or contractors of the Renter ("Damage or Loss").
(d) In the event that an act or omission by the Renter or by any of the Renter's directors, employees, officers, agents, representatives or contractors results in Damage or Loss, then the Provider may use part or all of the Deposit to compensate for the said Damage or Loss.
(e) The Provider's right to use the Deposit in accordance with this clause is cumulative and applies in addition to any other rights, remedies or powers which the Provider may otherwise have. Nothing in this clause will in any way reduce, extinguish, postpone, restrict or otherwise limit any other right, remedy or power which the Provider may have.
(f) The Renter will not deduct or apply any portion of the Deposit from or against any portion of the Rental Price and will not at any time use or apply any portion of the Deposit in lieu of payment of any portion of the Rental Price.
(g) In the event that the Renter breaches any term(s) or condition(s) under this Agreement, and as permitted by law, the Renter will forfeit any Deposit.
(h) In the event that the Provider does not obtain the right to retain the Deposit under this clause, the Deposit will be returned to the Renter.
(i) For the avoidance of doubt, the Parties hereby acknowledge and agree that the Deposit is separate from and in addition to the Rental Price and any taxes (which may include but are not limited to GST), duties (including stamp duty) levies, charges or imposts payable in respect of this Agreement or the transactions contemplated by it.
(9) PAYMENT:
(a) The Rental Price will be paid in only one of the following methods of payment:
(b) Payment of the Rental Price will be due as follows:
(10) ACCESS TO SPACE:
The Renter hereby acknowledges receipt of ________ swipe cards, keys, electronic devices or other items providing access to the Space.
(11) SUB-LETTING:
The Renter must not, whether voluntarily or by operation of law, sub-let, assign, delegate, or otherwise part with possession of the Space or any part thereof without the prior written consent of the Provider.
(12) USE OF SPACE:
The Renter hereby covenants, undertakes and agrees with the Provider during the term of this Agreement:
(a) to only use the Space for the parking of passenger vehicles; and
(b) that no persons other than the Renter shall use the Space; and
(c) not to keep, have or store at the Space any item(s) which are flammable, explosive, radioactive, toxic or otherwise dangerous in nature (except for fuel in the fuel tank of any vehicle parked at the Space); and
(d) not to use the Space, or permit the Space to be used in any way which causes or is likely to cause nuisance or offense to the Provider or to any occupants or users of any areas in proximity to the Space, including but not limited to nuisance or offense resulting from noise, odours or vibrations; and
(e) not to use the Space, or permit the Space to be used in any way which interferes with the rights of any occupants or users of any areas in proximity to the Space; and
(f) not by any act or omission to create any unreasonable risk of loss or damage for the Provider or any third parties; and
(13) INDEMNITY:
(a) The Renter hereby irrevocably indemnifies the Provider, keeps the Provider indemnified and holds the Provider harmless against any losses, liabilities, claims, damages, expenses, charges, fines, penalties or other costs whatsoever which the Provider or any directors, employees, officers, agents, representatives or contractors of the Provider may incur, directly or indirectly in relation to:
(I) the Renter's use of the Space; or
(II) the use of the Space by any directors, employees, officers, agents, representatives, contractors or invitees of the Renter; or
(III) the use of the Space by any party which accesses the Space as a result of an act or omission of the Renter (for example, as a result of the Renter losing a key); or
(IV) any loss or damage to property in connection with the Renter's use of the Space; or
(V) any injury (or death) suffered by any person in connection with the Renter's use of the Space; or
(VI) any breach of this Agreement by the Renter or by any directors, employees, officers, agents, representatives, contractors or invitees of the Renter; or
(VII) any breach by the Renter or by any directors, employees, officers, agents, representatives, contractors or invitees of the Renter, of any registration, licence, permit, authorisation, regulation, legislation, by-law, ordinance or rule relating to the use of the Space; or
(VIII) any failure by the Renter to vacate the Space at the end of the Rental Period; or
(IX) any claim made by a third party against the Provider that is related in any way to the Renter's use of the Space; or
(X) any costs which the Provider might incur in enforcing its rights under this Agreement, including the Provider's legal costs on a full indemnity basis.
(b) The Renter will not be liable under this clause for any loss, liability, claim, damages, expense, charge, fine, penalty or other cost which is caused by the Provider's negligence.
(c) This clause will survive the Termination or expiration of this Agreement.
(14) LIMITATION OF LIABILITY:
(a) The Renter may have certain rights under the Australian Consumer Law ("ACL"), or under other similar or related consumer protection laws.
(b) The ACL may give the Renter certain rights, warranties, guarantees and remedies regarding the provision of goods or services by the Provider, which cannot be excluded, modified or restricted by the Provider ("Statutory Rights").
(c) The Provider's liability to the Renter is governed solely by the ACL and by this Agreement.
(d) To the maximum extent permitted by law, the Provider excludes all conditions and warranties implied by custom, law or statute, except for the Renter's Statutory Rights, and the Provider expressly disclaims all warranties of any kind.
(e) The Renter hereby agrees that the Provider is not liable for any direct, indirect, consequential or incidental loss or damage which may result from the Renter's use of the Space. For the sake of clarity, in no event will the Provider be liable for any consequential, indirect, incidental or special damages of any kind.
(f) In particular, the Provider is not liable for:
(I) any loss or damage to, or any theft of, any of the Renter's property which the Renter leaves in the Renter's vehicle at the Space; and
(II) any loss or damage to the Renter's vehicle, whether or not such damage is caused by other vehicles, by other persons or by some other party or some other event in the area surrounding the Space.
(g) Notwithstanding any contrary provision of this Agreement or elsewhere, and to the maximum extent permitted by law, the cumulative liability of the Provider to the Renter in connection with this Agreement, including any liability for negligence, for breach of this Agreement or under any law or indemnity, will be limited to the amount paid by the Renter under this Agreement.
(h) When the Renter's Statutory Rights apply, to the maximum extent possible, the Provider's liability in respect of any claim is limited to, at the Provider's option:
(I) the supply of the Rental again; or
(II) a refund of the Rental Price.
(i) The Provider's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
(j) This clause will survive the Termination or expiration of this Agreement.
(15) DEFAULT:
(a) In the event that the Renter defaults in any of its obligations under this Agreement ("Default"), the Provider may give notice in writing to the Renter, notifying the Renter of the Default ("Default Notice").
(b) Upon receipt of the Default Notice, the Renter will have the following amount of time to rectify the said Default ("Default Time"): ________ .
(c) If the Renter does not rectify the Default within the Default Time, the Provider may terminate this Agreement by providing notice in writing to the Renter, and upon such termination the Renter will be required to immediately vacate the Space.
(16) TERMINATION:
Either Party may terminate the Rental by providing the following amount of written notice to the other Party: ________ .
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(19) NOTICES:
(a) Any notice, demand, request or other correspondence in relation to this Agreement, which is required or permitted to be given in writing, will be deemed validly given to the Provider if delivered to the following address:
(b) Any notice, demand, request or other correspondence in relation to this Agreement, which is required or permitted to be given in writing will be deemed validly given to the Renter if delivered to the following address:
(c) The relevant email contact information for the Parties is as follows:
(d) The relevant facsimile contact information for the Parties is as follows:
(e) The relevant telephone contact information for the Parties is as follows:
(f) Either Party ("the Nominating Party") may nominate another address ("the New Address") by notifying the other Party in writing of the New Address. Any notice demand, request or other correspondence in relation to this Agreement, which is required or permitted to be given in writing will, after nomination of the New Address, be deemed validly given if delivered to the Nominating Party at the New Address.
(20) WRITTEN COMMUNICATION:
In relation to any correspondence or notification which is required under this Agreement to be provided in writing from one Party to the other Party:
(a) such notice is properly given if given to the other Party:
(I) by email to an email address that the other Party has nominated, acknowledged or used in connection with this Agreement.
(II) by facsimile to a facsimile address which the other party has nominated, acknowledged or used in connection with this Agreement.
(III) by post to a postal address the other party has nominated, acknowledged or used in connection with this Agreement.
(b) such notice is taken to be received:
(I) if sent by email, when the email becomes capable of being retrieved by the recipient at the relevant email address.
(II) if sent by facsimile, at the time shown of correct and complete transmission to the recipient's facsimile number by the sending machine.
(III) if sent by prepaid post within Australia, five (5) Business Days after the date of posting.
(IV) if sent by prepaid post to or from an address outside Australia, twenty (20) Business Days after the date of posting.
(21) GENERAL PROVISIONS:
(a) GOVERNING LAW: This Agreement shall be governed in all respects by the laws of New South Wales and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within New South Wales .
(b) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
(c) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, subleased or otherwise transferred in whole or part by either Party without the prior written consent of the other Party.
(d) AMENDMENTS: This Agreement may only be amended in writing signed by both Parties.
(e) RIGHTS, REMEDIES AND POWERS: Unless expressly provided in this Agreement, any rights, remedies or powers which a Party acquires under this Agreement are cumulative and apply in addition to any rights, remedies or powers which that Party may otherwise have. Unless expressly provided in this Agreement, nothing in this Agreement shall in any way reduce, extinguish, postpone, restrict or otherwise limit any right, remedy or power which that Party may have.
(f) SURVIVAL OF OBLIGATIONS: At the Termination or expiration of this Agreement, any provisions of this Agreement which would by their nature be expected to survive Termination or expiration shall remain in full force and effect, including but not limited to any provisions which are explicitly stated to survive Termination and/or expiration.
(g) NO WAIVER: None of the powers or rights created under the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. A power or right under the terms of this Agreement may only be waived in writing, signed by the Party that is waiving the said power or right. No waiver of any power or right under a term of this Agreement shall constitute a waiver of any other power or right or of the same power or right on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.
(h) SEVERABILITY: If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.
(i) ENTIRE AGREEMENT: In relation to the subject matter of this Agreement, this Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.
(j) COUNTERPARTS: This Agreement may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.
(k) FORCE MAJEURE/EXCUSE: Neither Party is liable to the other for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
(l) FURTHER ACTS: Each Party must, and must ensure that its directors, employees, officers, agents, representatives and contractors do all things and sign, execute and deliver all documents, agreements and instruments as reasonably required in order to give effect to this Agreement and to the rights and obligations of the Parties created under this Agreement.
EXECUTED AS AN AGREEMENT THIS ________
Signed for and on behalf of ________ :