DRIVER RELEASE & WAIVER

LEGENDARY EXOTICS LLC

This Driver Release & Waiver (this “Agreement”) is made between LEGENDARY EXOTICS LLC (herein referred to as the “Company”) and the person who executes this Agreement and/or books a Tour covered by this Agreement (individually and collectively, the “Driver”):

1. CAR INFORMATION. In consideration and exchange for Driver’s representations and warranties herein and Driver’s acceptance and agreement to all terms, conditions, covenants and provisions herein, and subject to Driver’s compliance with this Agreement, Company permits the Driver to use the motor vehicles described in the Booking Confirmation Sheet (herein referred to as the “Cars”), attached and hereby incorporated by reference.
2. TERM. Company permits the Driver to use the Cars solely for the purposes of driving the Cars under a Tour (as defined herein) (the “Term”). The Term may be terminated by Company as provided hereunder.
3. PERMITTED DRIVERS. No person shall be permitted to drive a Car unless such person is a Permitted Driver. A “Permitted Driver” means that a person is all of the following: (A) an adult (age 21+), (B) is the named person who has also signed the Driver Release & Waiver, (C) has a current valid driver’s license from any state or commonwealth in the United States of America that does not expire during the Term, (D) has no violations on Driver’s driving license record or abstract involving driving while intoxicated, driving under the influence of drugs or alcohol in excess of the permitted lawful amount, drugs, recklessness, manslaughter or homicide; (E) is approved by Company in its sole and absolute discretion to be a person fit and suitable to use a Car (Company reserves the right, and Driver permits Company, to review Driver’s Motor Vehicle Record prior to any rental); (F) has agreed to the terms of this Agreement; and (G) whose permission to drive the Car(s) has not been Terminated as provided in this Agreement.
4. TERMINATION. The permission and right of a Driver to drive the Car shall be terminated (a “Termination” or “Terminated”) in the event of any one of the following: (A) the person is or becomes a person who is not a Permitted Driver as defined herein; (B) breaches this Agreement in any way; (C) causes damage to any Car; or (D) fails to show Company proof, in form, manner and amount determined by Company, in its sole and absolute discretion, to be satisfactory to Company, of existing or maintaining automobile comprehensive liability and collision insurance coverage in effect during the Term. Inclement weather shall not terminate or suspend this Agreement. Disability or adverse medical condition of Driver shall not terminate or suspend this Agreement.
5. TOUR. “Tour” means the routes, times and Cars designated by Company for the package purchased by Driver. Driver acknowledges and agrees that this Agreement has restricted uses and times during the Tour. No Tour shall exceed three (3) hours in time for the use by Driver of all Cars in the aggregate during such time period.
6. PAYMENT. Driver shall pay the amount set forth in the Booking Confirmation Sheet in advance of the use of any Car. Driver must pay all amounts due hereunder in the form of cash, credit card or debit card. Driver hereby authorizes the Company to charge all amounts payable to the credit card or debit card provided by Driver to Company. There shall be no refunds of any payments made by Driver to Company.
7. NO REFUNDS. There shall be no refunds, except as otherwise provided in this Agreement. In the event of an unforeseen mechanical failure of any Car or in the event of hurricane, flood, earthquake or other natural disaster that directly and proximately affected Driver’s use and enjoyment of the Car during or prior to a tour, Company will make every effort to repair or replace the Car with a similar or comparable car at no additional cost to Driver or, in certain situations, in Company’s sole and absolute discretion, Company may offer Driver credit for an additional Tour.
8. ADDITIONAL CHARGES. In addition to all payments, costs, expenses and damages required to be paid by Driver to Company hereunder, Driver agrees that Driver shall be liable to pay to the Company the following applicable additional fees and charges payable upon the end of the Term or as soon as practicable upon discovery of information that such fees and charges are applicable: (A) Charges for damage to, and/or repair of, the Car; (B) Charges for cleaning the Car’s interior if the Car is returned in a dirty condition that requires cleaning or deodorizing, including, without limitation, spillage of fluids, food, vomit, other stains, and unpleasant odors including cigarette smoke; (C) traffic and/or parking offense fees; (D) loss of use of vehicle due to damage and (E) any surcharges paid by Company from the use of a debit or credit card by the Driver, including, without limitation, charges paid by Company for any denials for insufficient funds, chargebacks or additional credit card processing fees. If Driver fails to pay any money due under or in connection with the Agreement, or declines any charges to their credit card that are authorized by this Agreement, then within fourteen (14) calendar days of the date by which the Driver was required to pay, the Company may, without prejudice to any other rights or remedies the Company may have or be entitled to, charge the Driver and the Driver must pay all additional costs as outlined below: (X) interest at sixteen percent (16%) per annum (compounded daily) on the total amount owing from the expiration of 14 days from the date on which the Driver was required to pay the money to the date of payment; (Y) all costs incurred by the Company for the collection of the unpaid money by an attorney, debt collection agency and/or other external or legal agency, any bank or credit card fees; plus (Z) an administration fee of one hundred and fifty dollars ($150.00).
9. RESTRICTED USE OF CAR. Driver must be present at Pick-up Time and Drop off Time. The Driver shall not: (a) use or allow the Car to be used for the transport of passengers for hire or reward; (b) sublet or hire the Car to any other person; (c) allow the Car to be used outside his/her authority; (d) operate the Car in violation of law, including, without limitation, traffic violations (including, without limitation, speeding), driving under the influence of alcohol or drugs; (e) operate the Car or allow it to be operated in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker or testing in preparation for any of them; (f) operate the Car without a current, valid driver’s license; (g) drive on any beach or off-road trail or roadway that is not a lawful road that has been paved and is suitable for driving the Car; (h) drive on any surface that may damage the Car; (i) operate the Car to propel or tow any other Car; (j) transport any animal in the Car; (k) operate or use the Car in a moving or stationary position while being involved with any illegal activity; (l) smoke, or allow any person to smoke, in the Car; (m) tamper with, prevent use, or cause damage to, the GPS or other Company Hardware in the Car or otherwise applicable to the Car; or (n) drive Car outside of the permitted route designated by Company for the Tour.
10. DRIVER’S OBLIGATIONS. On any Tour, the Driver shall ensure that: (a) all reasonable care is taken when driving and parking the Car; (b) the Car is locked and secure at all times when it is not in use and the keys kept under the Driver’s personal control at all times; (c) the distance recorder or speedometer are not interfered with; (d) no part of the Car, including, without limitation, the engine, transmission, braking or suspension systems are interfered with; (e) should a warning light be illuminated or the Driver believes the Car requires mechanical attention, the Driver will stop and discontinue moving the Car and shall notify and advise Company by telephone, text and email immediately of all available and requested information; (f) Driver complies strictly with the terms and conditions of this Agreement; (g) Driver shall carry Driver’s drivers’ license with Driver in the Car at all times and will produce it on demand to any law enforcement and police officer; and (h) Driver has existing automobile comprehensive liability and collision insurance coverage and maintains such insurance coverage during the Term in form, manner and amount determined by Company, in its sole and absolute discretion, to be satisfactory to Company.
11. MECHANICAL REPAIRS AND ACCIDENTS. If the Car is involved in an accident, is damaged, ceases to run, breaks down, fails to operate in good working condition, or requires repair or salvage, regardless of cause, the Driver shall notify and advise Company by telephone, text and email immediately of all available and requested information. Driver shall not arrange or undertake any repairs whatsoever to the Car. Driver agrees that the Car is an exotic car that requires specialized and expert treatment to repair and maintain and that Driver shall not in any event call for roadside assistance to any person or entity except the Company. Driver shall not (A) monitor, check or add oil or any other fluids to the Car, (B) jump start or charge battery in the Car, (C) add or reduce pressure to any tires on the Car, (D) attempt to remove or recover any keys locked in the Car, or (E) use any lifting device (like a tire jack) to lift or prop the Car to remove a flat tire. If the Car requires repair or replacement, the decision to make any repairs or supply another Car to the Driver is at the Company’s sole and absolute discretion. Company in good faith shall determine if the repair or replacement Car is warranted based upon a review of the information then available to Company which shall consider whether the damage or repair was caused by Driver and whether another Car is reasonably available for replacement. Driver agrees to reimburse Company for all costs and expenses incurred in repairing any damage to a Car and hereby authorizes Company to (i) file a claim for such damage with Driver’s insurance company, and (ii) charge Driver’s credit card on file to cover any such damages not covered by Driver’s insurance.
12. RETURN OF VEHICLE. Upon the expiration of the Term or if permission and use of the Car has been Terminated prior thereto, Driver shall immediately deliver the Car to the agreed location described in the Booking Confirmation. If the Driver does not return the Car as required hereunder, the Company may report the Car as stolen to the police, commence repossession actions and efforts, and commence civil and criminal lawsuits against Driver.
13. BREACH. The Driver shall be in breach and default hereunder and, consequently, shall, in addition to any and all other remedies to which Company is entitled hereunder, be liable for: (a) any loss of, or damage to, the Car and its accessories; (b) failure by Driver to return Car to Company as required hereunder; (c) any loss of, or damage to, any other real or tangible personal property or personal injuries arising out of or from Driver’s use of the Car; and/or (d) any other breach of any term, condition or provision of this Agreement.
14. INSURANCE. Driver must maintain automobile comprehensive liability and collision insurance coverage during the Term in form, manner and amount determined by Company, in its sole and absolute discretion, to be satisfactory to Company. Company reserves the right to decline entering into, or terminate, this Agreement with any Driver who has not provided Company with proof of automobile comprehensive liability and collision insurance coverage during the Term in form, manner and amount determined by Company, in its sole and absolute discretion, to be satisfactory to Company.  Notwithstanding anything herein to the contrary, the Driver understands and by signing this agreement Driver accepts full legal and financial responsibility and liability for any and all losses, costs and damages caused to the Car, Driver and any other person or property in the event and to the extent that Driver is so liable for causing any losses, costs and/or damages, regardless of whether Driver’s insurance covers all or a portion of any claim filed by Company.
15. INSTRUCTION COURSE. As a condition precedent to the use of any Car, Driver must complete Company’s Driver safety instruction prior to the event to Company’s satisfaction, in Company’s sole and absolute discretion, in the form and manner offered by Company.
16. TRAFFIC & PARKING VIOLATIONS. Driver shall not commit any moving or parking violations in or with the Car. Any and all penalties related to Driver’s traffic law and/or parking law violations are the sole financial responsibility of the Driver. Company may charge the Driver’s credit card for any traffic and/or parking offense fees assessed against, and incurred by, the Company for Driver’s traffic and/or parking offense. In the event that the Company receives notice of any traffic or parking offenses committed by Driver, Company shall send a copy of any such notice to the Driver as soon as practicable.
17. REMEDIES. In the event that Driver breaches this Agreement or fails to comply with any one or more of the terms, conditions and/or provisions of this Agreement, Company may take any lawful action it deems appropriate, including, without limitation, filing a claim with Driver’s insurance company, commencing a lawsuit against Driver for remedies at law and equity, including, without limitation, temporary and permanent injunctive relief, repossession of the Car, compensatory, incidental and consequential damages, including, without limitation, attorneys’ fees, expert fees and loss of revenue and/or profits, court costs, travel expenses, insurance expenses, replacement costs, damage to goodwill of Company, and all other expenses incurred to enforce this Agreement, obtain a judgment against Driver and collect any such damages which Company is entitled hereunder.

In the event that Driver causes damage to any person or property while operating a Car, Driver shall be solely responsible to pay for, and shall indemnify Company and hold Company harmless against, any and all costs and expenses incurred by Company to defend itself and/or respond to any action filed against Company, including, without limitation, attorneys’ fees, expert fees, court costs, travel expenses, insurance expenses, costs of repossession, litigation expenses and court reporter expenses, and Driver shall be responsible to pay the Company for any and all of its losses, including, without limitation, lost profits, loss of revenue, replacement costs, damage to goodwill of Company, incidental damages, consequential damages and, if such damage was caused by any willful or malicious act or omission by Driver, then Driver shall be responsible to pay punitive damages to Company.

In the event that Driver fails to return the Car to Company as provided hereunder, Company may, but shall not be required to, institute, commence or continue repossession of the Car, and Company shall be entitled to the full market value of the Car on demand from Driver in addition to any and all other damages and remedies hereunder, including, without limitation, temporary and permanent injunctive relief, repossession of the Car, compensatory, incidental and consequential damages, including, without limitation, attorneys’ fees, expert fees and loss of revenue and/or profits, court costs, travel expenses, insurance expenses, replacement costs, damage to goodwill of Company, and other expense to enforce this Agreement, obtain a judgment against Driver and collect any such damages which Company is entitled hereunder.

Driver hereby irrevocably and forever waives any affirmative defense that Company failed to mitigate its damages, regardless of whether and to what extent Company mitigates any damages caused by Driver. In the event that Company seeks, institutes, commences and/or continues efforts to repossess the Car, Driver shall cooperate peaceably and amicably with Company and/or its agent to return the Car and/or make the Car available for repossession upon request and Driver shall be responsible to pay for all of Company’s costs and expenses of such repossession. Company reserves the right to withhold notice to Driver about Company’s repossession effort. For purposes of this Agreement, loss of revenue means and includes the amount calculated by multiplying the number of days that the Car may otherwise be rented to another customer of Company at the then-existing rental rate charged by Company for such Car to Driver hereunder. Driver hereby irrevocably and forever waives its right to keep its personal confidential information private and restricted from use of Company to enforce this Agreement and Driver hereby authorizes Company to use such information; provided however that Company shall not use such personal information for any purpose other than reasonable lawful and necessary means to enforce this Agreement.

18. PERSONAL PROPERTY. You release the Company, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Car or in any service Car or in our offices.
19. MODIFICATIONS. Neither this Agreement nor any of its terms, conditions or provisions may be waived, modified or amended except by a writing signed by Driver and Company.
20. WAIVER. No waiver by Company of any breach of Driver of this Agreement shall constitute a waiver of Company’s rights to enforce any additional, continuing or further breach by Driver of this Agreement. Driver waives any and all rights, and covenants not to file any lawsuit or action, against Company for any claims, damages, losses or costs involving any allegation against Company for breach of warranty, unjust enrichment or any claim against Company, or any agent or employee Company, except in the event of personal injury to Driver caused solely by gross negligence, recklessness or intentional misconduct of Company or any agent or employee of Company. Driver assumes all risk of Driver’s own or another person’s personal injury or property damage of driving in conditions that are known or reasonably believed to be hazardous, including, without limitation, hail, ice, rain, hurricane, tornado, earthquake, fire or oily conditions.
21. SEVERABILITY. In the event that any provision of this Agreement is deemed void or unenforceable, the remaining provisions shall remain valid, enforceable and in full force and effect.
22. OTHER DOCUMENTS. Any other forms and documents signed by both Company and Driver (including, without limitation, the Booking Confirmation and Driver Release & Waiver) those documents and exhibits referenced herein) contemporaneously with this Agreement shall constitute, be incorporated by reference, and shall be a part of, this Agreement.
23. OTHER VIOLATIONS. Driver shall not engage or perform any of the following: (A) negligent or reckless acts or omissions while using or operating the Car including and not limited to cell phone usage; (B) transporting in Car any contraband, illegal substances, drugs, explosives, hazardous waste; (C) failure to wear seatbelt at all times while Car is being operated; (D) using the Car to participate or act or assist in any activity that violates any law, rule, or regulation; (E) using Car to carry persons or property for hire; (F) using Car to engage in an organized or any other speed contest; (G) using Car to tow or push any other Car, trailer or other object; (H) operation of Car by person who has used false or misleading information to obtain the Car; (K) failure to remove the keys from the Car or close and lock all doors, windows, and the trunk of the Car while not using or operating the Car; or (L) using Car while under the influence of drugs or alcohol. In the event that Driver commits any of the foregoing violations in this paragraph, Driver shall have breached this Agreement.
24. CANCELLATION & DATE CHANGE REQUESTS. Driver acknowledges and agrees that the reservation of the Car is for a unique and specialized vehicle and reservations are necessary for Driver and that there are no cancellations allowed and no refunds will be given to Driver. In the event Driver wishes to change the date of their tour, they may do so within the specified window outlined in the cancellation section of the Booking Confirmation. In the event Driver fails to attend on the Date scheduled in the Booking Confirmation this is considered a no show and no refund or rescheduling options will be provided as outlined in the cancellation section of the Booking Confirmation.
25. VEHICLE AVAILABILITY. Driver understands that Legendary Exotics LLC reserves the right to modify bookings in the case your reserved vehicle is unavailable due to weather related delays, mechanical issues, fleet changes or otherwise. Legendary Exotics’ decision to modify reservations (car/date/time) will not result in a refund.
26. COMPLETE AGREEMENT. Any and all prior oral representations, oral understandings and oral agreements between Company and Driver are not a part of this Agreement and may not be admitted into evidence in the event of any dispute over this Agreement.
27. CHOICE OF LAW AND VENUE. The interpretation and enforceability of this Agreement and all of its terms, conditions, provisions and covenants shall be governed by the laws of the State of New Jersey without regard to conflict of laws principles. The jurisdiction and venue of the courts of the State of New Jersey, Mercer County or the District Court of the District of New Jersey shall be the sole exclusive courts and venue in the event that any party hereto or otherwise files an action or lawsuit for and/or alleging any claims, damages, or liabilities arising from or involving any acts or omissions hereunder and each party irrevocably consents to such jurisdiction and venue.
28. COUNTERPARTS. This Agreement and any amendments may be executed in any number of counterparts each of which shall be considered an original, but all of which together shall constitute one and the same instrument. The parties may also exchange signatures (in counterparts) by facsimile or other electronic transmission, which signatures are deemed to be original, valid, and binding.
29. PARTIES. This Agreement shall be binding upon the parties hereto and their respective successors, assigns, heirs, devisees, legal representatives, executors and administrators.
30. HEADINGS. The headings in this Agreement are inserted for convenience and identification only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any provision herein.
31. AUTHORIZATION. Driver hereby authorizes Company to obtain and review Driver’s drivers’ license record and abstract, social security number, criminal background and record, and insurance information. Driver shall provide Company with accurate personal information.
32. PUBLICATIONS. Driver authorizes the Company to take and publish photos and videos taken of Driver, or any of their passengers, guests, children or other attendees associated with Driver participating in the Company's activities. Driver agrees that such photos may be used for public relations, marketing, and driving experience purposes. Driver understands that last names will not be used when referencing the photos. Driver understands that neither they nor any members of their party are due any royalty or other compensation for these media publications, and all party's involved relinquish their right to said photos or videos.
33. REPRESENTATIONS & WARRANTIES. Driver represents and warrants that (A) Driver is over the age of twenty-one (21) years, (B) has a valid driver’s license, and was not convicted of any criminal offenses involving driving under the influence, theft, burglary, manslaughter or murder, (C) has the automobile insurance coverage required herein, (D) shall review and execute any and all additional forms and documents required by Company in order to fulfill Driver’s obligations, and protect Company’s rights, under this Agreement, (E) has reviewed and understands this Agreement, and (F) shall not breach this Agreement.
34. DISCLAIMER OF WARRANTIES. Company’s services under this Agreement are provided on an “AS IS” and “AS AVAILABLE” basis and Company does not provide any assurances of the availability or usability by Driver of Company’s services. Company makes no warranties, express or implied, including without limitation, no implied warranties of merchantability or fitness for a particular purpose, as to the services, or otherwise.
35. HEALTH & SAFETY: Drivers are required to follow safety precautions as outlined by the CDC for Covid19 and related health and safety measures.

• If you are unable to attend due to illness or medical emergency, you must provide a doctor’s note or positive COVID test result for rescheduling consideration
• If you are unable to attend due to any other emergency, proof will be required for rescheduling consideration.

36. SIGNATURE: Driver’s signature below indicates Driver’s acceptance and agreement to this Agreement and all of its terms, conditions and provisions as well as those outlined online https://legendaryexoticsnj.com/terms-conditions/