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Schedule 1 – Porsche Drive - Subscription Program Rental Agreement Terms and Conditions

Part A: Additional Program Terms and Conditions

1. Driver Age Restrictions.
To be eligible to rent and drive the Vehicle, you must be at least twenty-five (25) years of age.

2. Driver Residence Restrictions.
You must reside or have a residence within the Service Area.

After you are accepted into the Program, you can schedule your first Vehicle rental and we will work with you to coordinate its delivery.

3. Insurance.

3.1. Insurance Coverage. We will comply with applicable automobile insurance or other motor vehicle financial responsibility law by obtaining insurance coverage for the benefit of qualifying persons. If you and the Secondary Drivers have complied with all of the terms and conditions of this Agreement including the rules of use set out in Part C herein, and if we are obligated to extend our automobile insurance or other motor vehicle financial responsibility to you, Secondary Drivers, passengers or other third parties, then our obligation to so extend is limited to the applicable provincial or territorial minimum insurance or financial responsibility amounts save and except as follows:

(a) liability insurance coverage for bodily injury or death or damage to the property of others, will be to a maximum combined single limit of $5,000,000 per person per accident or such higher limits as we may in our sole discretion elect to provide;

(b) comprehensive and collision damage coverage covering loss of or damage to the Vehicle itself, including loss by fire, theft, collision and other risks of loss or damage as are customarily covered by a government-regulated, non-commercial automobile insurance policy issued in the jurisdiction where the Vehicle is rented, will be provided in the amount of the full replacement cost of the Vehicle, as new; and

(c) uninsured or unidentified motorist coverage for bodily injury or death or damage to the Vehicle, will be to a maximum combined single limit of $5,000,000 per person per accident or such higher limits as we may in our sole discretion elect to provide.

Our automobile insurance policy (i) contains exclusions, conditions and limitations applicable to anyone claiming coverage thereunder, and you hereby agree to be bound by them, and (ii) applies only in Canada and the contiguous United States of America.

No other insurance is provided by us. To the extent permitted by law, use of a Vehicle in violation of the terms and conditions of this Rental Agreement is without permission, is a breach of this Rental Agreement, and disqualifies you and any driver from our applicable automobile insurance or other motor vehicle financial responsibility.

3.2. Rental Company / Owner's Insurance is Excess. Except where required by law to be primary, any insurance or self-insurance maintained by us or the owner of the Vehicle (the "Owner") and applicable to the Vehicle, shall be secondary to any applicable insurance or self-insurance available to you, Secondary Drivers or any other third parties from any source, whether primary, excess, secondary or contingent in any way. If valid automobile liability insurance or self-insurance is available on any basis to you, a Secondary Driver or any other driver and such insurance or self-insurance satisfies the applicable automobile insurance or motor vehicle financial responsibility law, then such insurance shall be primary, and, subject to Section 3.1 hereof, neither we nor the Owner extends any of its insurance or motor vehicle financial responsibility to any person.

3.3. Optional Insurance. Without in any way limiting the generality of the foregoing, but subject to Section 3.1 hereof, if our and/or the Owner’s insurance coverage or motor vehicle financial responsibility for the Vehicle includes supplementary no fault, non-compulsory, uninsured or unidentified motorist coverage, or any other optional or rejectable coverage, then we and/or the Owner shall not be required to extend any such insurance coverage or motor vehicle financial responsibility to you, Secondary Drivers, passengers or other third parties.

3.4. Your Deductible Obligations. You will be responsible for a deductible of $1,000 if (a) any accident occurs or damage is suffered in respect of the Vehicle by reason of your fault or the fault of any driver of the Vehicle, (b) fault for any accident or damage cannot be determined, or (c) damages for any accident or loss cannot be recovered from a third party.

3.5. Your Other Financial Responsibility. Without in any way limiting the generality of any other provision of this Rental Agreement, if

(a) our applicable automobile insurance or other motor vehicle financial responsibility does not apply for any reason whatsoever including, without limitation, where the Vehicle is used in violation of this Rental Agreement, then you are liable for the entire cost of the Vehicle’s repair or replacement and for any other claims of any kind made by third parties (including those made against us and/or the Owner), and for the defence from and indemnity for such claims; and

(b) loss or damages exceed the insurance coverage applicable to you pursuant to Section 3.1 hereof, then you will be personally liable for the excess amount of any such loss or damages.

Neither we nor the Owner is responsible for any loss of or damage to any personal property (including data contained therein) of you, Secondary Drivers, passengers or other third parties, and no insurance coverage is provided in connection with same.

3.6. Insurance Proceeds Received by You. To the extent permitted by applicable law, if any compensation or insurance proceeds are paid to you in respect of loss of or damages to the Vehicle, then you must immediately pay or transfer such funds to us.

4. Power of Attorney.

4.1. You hereby irrevocably appoint and constitute us as your true and lawful attorney, from time to time, and at our sole discretion, with full power of substitution, and with full power and authority to, on your behalf, (a) make or pursue any insurance claim against your insurer if (i) there is any loss of or damage to the Vehicle and you fail to promptly pay to us the full amount of our loss and damages, or (ii) any liability claims are made against us in connection with your use, operation or possession of the Vehicle and you fail to fully indemnify, defend and hold the Rental Company Indemnitees harmless from such claims, and (b) endorse your name to entitle us to receive insurance payments directly from the applicable payor.

5. Rental Term.

5.1. You agree that any individual Rental Term or Program Period for the Vehicle shall not exceed thirty (30) days.

6. Termination.

6.1. Termination by You. You may terminate this Rental Agreement at any time and for any or no reason by following the terms of the Porsche Drive - Subscription Program terms and conditions in your Master Subscription Services Agreement with Porsche Smart Mobility Canada, Ltd., by calling 1- (888) 490-9077 or by email at info@porschedrive.com.

6.2. Termination by Us.

We may, upon written notice to you, immediately terminate this Rental Agreement (and no monthly Porsche Drive - Subscription Membership Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:

(a) you fail to pay any sum when due under your Master Subscription Services Agreement with Porsche Smart Mobility Canada, Ltd.;

(b) you or any Secondary Driver fails to comply with any term or condition of this Rental Agreement including this Schedule 1;

(c) you fail to meet any of the eligibility criteria;

(d) you or any Secondary Driver are involved in an incident with one of the Vehicles that we or Porsche Smart Mobility Canada, Ltd. believe, in our reasonable discretion, renders you or the Secondary Driver ineligible or inappropriate for continued rights to use the Vehicles or participate in the Program;

(e) you or any Secondary Driver engage in any activities or conduct that we or Porsche Smart Mobility Canada, Ltd. determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive or otherwise unacceptable;

(f) you are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition or application under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition or application, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business;

(g) you or any Secondary Driver fails to comply with any term or condition of this Rental Agreement; or

(h) you cease to be a member of the Porsche Drive - Subscription Program.

Part B: Schedule of Fees

1. Plans and Fees.

The following two Porsche Drive: Subscription Program Plans are currently offered and apply, as applicable, under the terms of your Master Services Subscription Agreement with Porsche Smart Mobility Canada, Ltd.:

1.1. Accelerate.

  • $4,200 per month (being the Porsche Drive - Subscription Membership Fee for ‘Accelerate’) entitles you to rent one Vehicle from amongst those shown as available at Porsche Drive: Subscription at any time, subject to availability and the terms of this Rental Agreement and the Master Subscription Services Agreement
  • The Porsche Drive - Subscription Membership Fee is inclusive of insurance on the Vehicle, reasonable maintenance, and vehicle exchanges as provided in this Rental Agreement and the Master Subscription Services Agreement
  • A one-time activation fee of $750 is required for all new Porsche Drive - Subscription Program memberships
  • A deposit may be required in the sole discretion of Porsche Smart Mobility Canada, Ltd.

1.2. Launch.

  • $3,200 per month (being the Porsche Drive: Subscription Membership Fee for ‘Launch’) entitles you to rent one Vehicle from amongst those shown as available at Porsche Drive: Subscription at any time, subject to availability and the terms of this Rental Agreement and the Master Subscription Services Agreement
  • The Porsche Drive - Subscription Membership Fee is inclusive of insurance on the Vehicle, reasonable maintenance, and vehicle exchanges as provided in this Rental Agreement and the Master Subscription Services Agreement

2. Other Fees.*

In addition to the fees payable to Porsche Smart Mobility Canada, Ltd. by you for membership under the Master Subscription Services Agreement, you confirm that you agree to pay each of the following fees to the extent applicable:

  • Porsche Drive - Subscription Excess Mileage Fee: $1 per kilometer for each kilometer traveled in excess of 2,500 kms. per month
  • Refueling Fee: Market rate as further described in Part C of this Schedule
  • Electronic Toll Payment Processing Fee: $25
  • Electronic Toll Payment Convenience Fee: $25
  • Additional Cleaning Fee: $250
  • Membership Hold Fee: $300 (if applicable, at Porsche Smart Mobility Canada, Ltd.’s discretion)
  • Reactivation Fee: $0

In the event you do not pay any amounts owing, Porsche Smart Mobility Canada, Ltd. may, in its sole discretion, apply any deposit that it may hold against such amounts.

*You are responsible for the purchase of all fuel and payment of all road tolls, traffic tickets or parking fines. As a convenience, the cost to refuel a Vehicle after an exchange (without mark-up) will be charged to you. Similarly, if your Vehicle is equipped with an electronic toll card, then any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to you. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, then you will be responsible for an additional cleaning fee. See Part C below for more information.

3. Taxes.

The fees stated in this Schedule are exclusive of taxes and any other government levies, and you shall pay all taxes and other government levies that may now or hereafter be imposed upon the services under this Rental Agreement as well as the renting, possession and/or use of the Vehicle(s) including, without limitation, any and all sales tax, value-added tax and/or goods and services tax.

Part C: How it Works and Rules of Use

1. How do I connect to a Vehicle’s Bluetooth or other infotainment systems?

We will be happy to help you connect your Bluetooth phone and to create pre-sets for your favorite radio stations and common GPS destinations. If you choose to do so, then please note that such use shall be subject to any applicable terms and conditions and/or privacy policy which are separate from the Rental Agreement including this Schedule, and the Vehicle may automatically load your address book, store your incoming, outgoing and missed telephone calls, and other information from your device. You should follow the steps displayed on the Vehicle system screen to delete this information and the device from the Vehicle's memory.

2. How do you exchange one Vehicle for another?

You can initiate an exchange of Vehicles using the App (preferred method). If necessary, you can also initiate an exchange with Porsche Smart Mobility Canada, Ltd. via SMS, instant messaging, email or phone. On the App, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates via SMS or instant messaging on the status of your request up to and during the exchange of Vehicles.

We will deliver a Vehicle to you within the Service Area and you will be responsible for surrendering any other Program vehicle to us at that time. We will deliver the Vehicle on a specified day and time within our normal hours of operation and the Service Area as set forth in the confirmation you receive. At the time when you surrender a Vehicle to us, the Vehicle must be in good working condition and ready for use by another driver. We will assist you in swapping your belongings between Vehicles and getting you set up in the new Vehicle. Upon request, as indicated by options selected in the App or in communications with Porsche Smart Mobility Canada, Ltd.’s representatives via SMS, instant messaging, email or phone, we will swap your belongings between Vehicles without requiring that you be present. In all circumstances, you agree not to hold us, Porsche Smart Mobility Canada, Ltd., or any of our respective employees, contractors, agents or representatives liable for the loss of or damage to any personal property, whether it is yours or belongs to another person, incurred in the process of swapping your belongings between Vehicles.

You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, neither we nor Porsche Smart Mobility Canada, Ltd. shall be liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us, Porsche Smart Mobility Canada, Ltd., or any of our respective employees, contractors, agents or representatives responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of, as permitted by law.

3. Who can drive a Vehicle?

Porsche Smart Mobility Canada, Ltd. will maintain a list of all drivers who are authorized to drive under this Rental Agreement. Typically, you will be listed as the primary driver in connection with the Master Subscription Services Agreement. In addition, you will have the option to request that one additional driver be authorized and added in connection with this Rental Agreement as a Secondary Driver. An authorized Secondary Driver must be at least 25 years of age. In general, only you and such authorized Secondary Driver may drive the Vehicle in connection with this Rental Agreement; however, all fees, damage and charges incurred by you or any driver of the Vehicle in connection with this Rental Agreement shall be your responsibility. Except in an isolated case of emergency to avoid the loss of life, injury or severe property damage, no one else may drive the Vehicle.

If you need another person who is not listed under the your Master Subscription Services Agreement with Porsche Smart Mobility Canada, Ltd. as an authorized Secondary Driver to drive the Vehicle because you are impaired or in an emergency situation, then you are authorized to allow that person to drive the Vehicle for a short duration, one-time occurrence. That person must be at least 25 years of age and have a valid driver’s licence in respect of the applicable jurisdiction in which the Vehicle is to be operated or used. This exception is not intended to allow habitual use of the Vehicle by any person who is not an authorized Secondary Driver in connection with the Master Subscription Services Agreement. If we find that you have violated this rule, then we may terminate this Rental Agreement. All other persons, regardless of the circumstances, are expressly prohibited from driving the Vehicles at any time.

4. Is there a mileage limitation?

Under the Master Subscription Services Agreement, you may drive the Vehicles up to 2,500 kilometres per month without incurring any additional fees. If you exceed this mileage limitation in any Porsche Drive - Subscription Membership Period, then you will be charged and you shall pay $1 per excess kilometre. The App keeps track of the kilometres that you drive. Unused kilometres from a Porsche Drive - Subscription Membership Period will roll over to the following month (accrued kilometres under this Rental Agreement) for a maximum of two (2) consecutive months.

5. Keeping the Vehicle clean.

We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, you must let Porsche Smart Mobility Canada, Ltd. know via SMS, instant messaging, email or phone.

In addition, all drivers of the Vehicle and their guests must abide by the following rules that are intended to keep the Vehicle in good condition:

(a) No smoking/vaping inside or near the Vehicle – no exceptions!

(b) Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals, which are allowed in the Vehicle without being in locked pet carriers in accordance with Porsche Smart Mobility Canada, Ltd.’s policies. You are subject to additional cleaning fees and charges if we find evidence of pets in the Vehicle during your use.

6. Maintenance and repairs.

We will arrange to perform all necessary and required routine maintenance on all of the Vehicles. We or Porsche Smart Mobility Canada, Ltd. will notify you when the Vehicle requires maintenance, and you agree to fully cooperate with us to coordinate a time when this maintenance can be completed. In general, five (5) days’ notice will be provided prior to any routine maintenance, and you should be available for a Vehicle exchange within seven (7) days of your receipt of this notice. We may be able to meet you to perform the maintenance at your location, subject to the type of maintenance that has to be performed.

You must notify Porsche Smart Mobility Canada, Ltd. immediately upon discovering any abnormality during your operation of the Vehicle. For example, you must report any warning lights that stay on after ignition or that indicate that service or maintenance is required, any evidence of leaking fluids near the Vehicle, any tire damage or excess wear on the tires, any cracked, broken or missing mirrors, any cracks or chips in the windshield, any other damage to the exterior of the Vehicle, any inoperable signals, any unusual noises when the Vehicle is operated, and any other condition that may render the Vehicle unsafe or illegal to operate.

It is important to, and you must, respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported as soon as noted by phone at [1-888-369-9904]. Failure to report such problems may result in the immediate suspension of any or all of your rights under this Rental Agreement or termination of this Rental Agreement, and you will nevertheless be responsible for any damages resulting from continued use of the Vehicle despite such irregularities.

In general, all reasonable maintenance and service for the Vehicles will be arranged so that you do not ever need to worry about such matters. However, circumstances may arise where you might want to pay for maintenance work or have repairs made in order to help keep the Vehicle roadworthy in an expeditious manner. In these circumstances, you will be reimbursed by Porsche Smart Mobility Canada, Ltd. for reasonable Covered Expenses that you incur. “Covered Expenses” are defined as any expense for necessary maintenance or repairs with a cost not exceeding $1,000. If at all possible, please seek authorization in writing (including via SMS, instant messaging, email or telephone) and in advance by one of Porsche Smart Mobility Canada, Ltd.’s representatives. If a repair will cost more than $1,000, then you must contact Porsche Smart Mobility Canada, Ltd. via SMS, instant messaging, email or phone so that one of their representatives can determine the appropriate course of action to take. Porsche Smart Mobility Canada, Ltd. representatives are not authorized to approve repairs in excess of $1,000 without the approval of a supervisor. If you pay for a Covered Expense, then you must keep the actual receipt reflecting the item or service purchased and the date and time of purchase, which must be during your Porsche Drive - Subscription Membership Period, and note on it the odometer reading at the time of the purchase. Please print your name on the receipt and send the receipt to Porsche Smart Mobility Canada, Ltd. within thirty (30) days of purchase and such amount will be credited to the credit/debit card you last have on file with them. No credit or refund will be given without a valid receipt, or if the receipt is submitted more than thirty (30) days after the purchase date.

Vehicles may require emergency roadside assistance from time to time. Emergency roadside assistance and support has been arranged as part of the Program. If, however, your need for emergency roadside assistance results from a breach of this Rental Agreement, including a violation of the rules of use herein, then you may be charged for the costs of such assistance.

7. What uses are prohibited?

You must always use the Vehicle in accordance with all highway and other applicable laws. We or Porsche Smart Mobility Canada, Ltd. may report any use of the Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of the Vehicles under the following conditions is strictly prohibited:

(a) in violation of instructions in the owner manual;

(b) without use of the safety restraints by all Vehicle occupants, including seat belts and child safety restraints;

(c) by anyone who has provided false information or who has made or makes false or misleading representations in connection with use of the Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);

(d) by any person with a driving history that does not meet Porsche Smart Mobility Canada, Ltd.’s then-current eligibility requirements;

(e) in violation of any applicable traffic or other laws (except for minor traffic violations);

(f) by any person who is impaired due to (i) alcohol, (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended, or (iii) illness, fatigue, injury, or otherwise;

(g) in any drag race, speed race, rally or other competition;

(h) in the commission or attempted commission of any crime or for any other illegal or improper activity or purpose;

(i) transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;

(j) by any person who does not have a valid driver’s licence for the applicable jurisdiction in which the Vehicle is operated or used (or whose driver’s licence has restrictions that are not complied with by such person when driving the Vehicle);

(k) by any person who is driving while distracted including, without limitation, driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;

(l) for any towing or pushing of any trailer, car, boat or any other vehicle, unless the Vehicle is equipped by us to do that activity;

(m) for any business or commercial purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, limousine, shuttle, livery, ride-sharing, ride-hailing, pick-up and/or delivery, or transportation network service;

(n) transporting or driving the Vehicle to or in any place other than Canada and the contiguous United States of America;

(o) on unpaved, unimproved or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality, provided, however, that you may drive on unpaved or unimproved roads as long as such driving would not otherwise constitute imprudent use, misuse or abuse of the Vehicle; or

(p) in any reckless, imprudent, negligent, abusive or abnormal manner for using a Vehicle.

The foregoing are examples only, and are not intended to be a complete list of all prohibited uses (collectively, “Prohibited Uses”). Porsche Smart Mobility Canada, Ltd. reserves the right to add other restrictions and prohibitions from time to time. Any unreasonable or inappropriate use of the Vehicles, as determined by us or Porsche Smart Mobility Canada, Ltd., shall be deemed a violation or breach of this Rental Agreement, including these rules of use.

Without in any way limiting any of our or Porsche Smart Mobility Canada, Ltd.’s other rights or remedies, we or Porsche Smart Mobility Canada, Ltd. may immediately suspend or terminate your use of the Vehicles and participation in the Program if you engage or we suspect you have engaged in a Prohibited Use or for any violation or breach of our or Porsche Smart Mobility Canada, Ltd.’s other rules of use. Upon suspension or termination, you will be responsible on a full indemnity basis, for any and all loss, damages, costs, charges, fees and expenses incurred by us or Porsche Smart Mobility Canada, Ltd. as a result of a violation or breach of any of these rules of use. In addition, you understand that engaging in a Prohibited Use or other violation of this Rental Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law) that you may be entitled to through your participation in the Program.

8. Who pays for gas?

You must pay for your own gas. While the Vehicle remains in your possession, you will purchase your own gas. When you return the Vehicle, we will either refill the tank at a local gas station, retaining the receipt, or refill the tank from fuel that we hold in our inventory, measuring the number of litres required. You will be charged, under the Master Subscription Services Agreement, to recover the cost of replacing that gas either using the receipt from the gas station or at the price per litre at the local market rate.

9. Notification of changes to your account.

You are required to notify Porsche Smart Mobility Canada, Ltd. promptly, but in no event more than twenty-four (24) hours of the change, if any of the following information changes during the term of this Rental Agreement:

  • (a) the address of your primary residence;
  • (b) your email address or mobile phone number;
  • (c) your payment method or details; or
  • (d) eligibility of you or a Secondary Driver to rent or drive the Vehicles or participate in the Porsche Drive - Subscription Program (for example, changes in driver’s licence status or driving record).

10. Notifying of damage to a Vehicle.

You must promptly notify Porsche Smart Mobility Canada, Ltd. upon becoming aware of any damage of any kind whatsoever to a Vehicle. This includes damage to the exterior and damage to the interior. Provided you are otherwise in compliance with all of the provisions of this Rental Agreement, you will not be liable for any costs to repair regular wear and tear damage (as determined by Porsche Smart Mobility Canada, Ltd.) to the Vehicles.

To notify Porsche Smart Mobility Canada, Ltd. of damage (e.g., a dent, cracked or chipped windshield, or a coffee stain on the upholstery), select the appropriate option in the App. The App will prompt you to enter details of the damage and to take photographs of the damage using the camera on your phone.

11. What happens if a Vehicle is stolen while in your possession?

Stolen Vehicles must be immediately reported to Porsche Smart Mobility Canada, Ltd and to the proper authorities. Please call Porsche Smart Mobility Canada, Ltd. as soon as is reasonably possible at [1-888-369-9904].

You must deliver to Porsche Smart Mobility Canada, Ltd a copy of the written police report for the stolen Vehicle within twenty-four (24) hours from the time of the incident or the time that such report becomes publicly available and cooperate in all reasonable respects with any attempts to recover the stolen Vehicle. Provided you are otherwise in compliance with all of the provisions of the Rental Agreement, Porsche Smart Mobility Canada, Ltd will provide you with a replacement Vehicle as promptly as possible, subject to availability.

12. What happens if a Vehicle has a breakdown?

If one of the Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact roadside assistance immediately by phone at [1-888-369-9904] so that they can get you moving again via Porsche Smart Mobility Canada, Ltd.’s roadside assistance service or otherwise. If a problem arises that prevents or limits your use of the Vehicle or that may compromise your safety or the safety of others, then you must immediately notify Porsche Smart Mobility Canada, Ltd. and follow instructions and use reasonable care to protect your safety and the safety of others.

If roadside assistance does not get you moving again, and if you are within reasonable proximity to one of Porsche Smart Mobility Canada, Ltd.’s service centers, Porsche Smart Mobility Canada, Ltd. will arrange to bring a replacement Vehicle for you to drive, subject to availability. If you can safely remain with the Vehicle, you will be asked to remain with your original Vehicle until roadside assistance arrives at your location or until keys can be exchanged with you and you can be sent on your way. If you are not within reasonable proximity to one of Porsche Smart Mobility Canada, Ltd.’s service centers, a roadside assistance provider will be arranged to come out and take care of the problem.

If you wish to perform a jump start to one of the Vehicles, then you must notify Porsche Smart Mobility Canada, Ltd. immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden for you to use the Vehicles to provide a jump start to any other vehicle.

13. What happens if you have an accident?

In case of an accident involving the Vehicle, you must to the extent that provincial or local laws allow, obtain an official police or other accident report at the time of the accident or as soon as practicable thereafter, but in no event later than twenty-four (24) hours from the time of the accident or the time that such report becomes publicly available.

If you are involved in an accident, find a safe location and call 911 in the event of an emergency. If it is not an emergency, then you must nevertheless report the accident to the police or other authority in accordance with provincial or local laws. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, call Porsche Smart Mobility Canada, Ltd. at [1-888-369-9904]. The Porsche Smart Mobility Canada, Ltd. representative will guide you through the accident reporting process. You will need the following information:

(a) the date, time, and place of accident or incident;

(b) the name, address, date of birth and driver's licence number of all people involved (including all drivers, passengers, witnesses and other people involved);

(c) the insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault, including, without limitation, if you have your own automobile insurance policy, your own insurance policy number and the name and phone number for your own insurance company and agent);

(d) any pictures and/or video of the scene including all cars and property involved in the accident or incident;

(e) the licence plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;

(f) a summary of the circumstances of the accident or incident, and the names and contact particulars of any witnesses; and

(g) to the extent available under provincial or local laws, an official police/accident report is required, regardless of liability or fault, and must be attached.

You agree to cooperate fully with Porsche Smart Mobility Canada, Ltd. and its representatives in the investigation and/or defense of any claim, lawsuit or proceedings arising from any accident or incident. You must immediately deliver to Porsche Smart Mobility Canada, Ltd. every process, pleading or other document relating to any claims, lawsuits and proceedings related to such accident or incident. Porsche Smart Mobility Canada, Ltd. may suspend any or all of your rights under your Master Subscription Services Agreement and your use of the Vehicles and participation in the Program, in its sole discretion, until any investigation or litigation has been concluded.

You acknowledge and agree that any accident or incident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR PORSCHE SMART MOBILITY CANADA, LTD. ARE RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT OR INCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.

14. What happens if you have a traffic violation or incur a toll?

14.1. Obligation. You must operate the Vehicle at all times in full compliance with all traffic and safety laws. You are responsible for any violations of such laws that occur during your use of the Vehicle, including but not limited to, all toll charges (“Tolls”), and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave the Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during your possession of the Vehicle. You must notify Porsche Smart Mobility Canada, Ltd. of any Tolls or traffic violation notices issued to you or a Secondary Driver while operating a Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Violations will be your responsibility if they occur during your possession of the Vehicle. Certain toll roads do not accept cash. To avoid toll Violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must (a) pay all Tolls with a personal transponder that is accepted on the road, (b) use only cash lanes and pay cash, (c) plan a route to avoid Tolls, or (d) consult local authorities for other payment methods.

14.2. Tolls and Violations Generally. If Porsche Smart Mobility Canada, Ltd. receives notice of a Toll or Violation, then it may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee of up to $25 per Toll or Violation to your account charges, or Porsche Smart Mobility Canada, Ltd. may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If Porsche Smart Mobility Canada, Ltd transfers liability for a Toll or Violation to you, then it will charge you an administrative fee of up to $25 per Toll or Violation. Porsche Smart Mobility Canada, Ltd. will endeavor to provide you with reasonable notice before it pays any penalties or fees attributable to you. Once paid by Porsche Smart Mobility Canada, Ltd, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to Porsche Smart Mobility Canada, Ltd. and will be at its sole discretion. You agree that Porsche Smart Mobility Canada, Ltd. may provide your information to applicable authorities and/or third parties to process payment and/or transfer liability to you for any such penalties, fees and violations. Without in any way limiting the generality of the foregoing, in the case of certain Violations, Porsche Smart Mobility Canada, Ltd. may be obligated to pass on the details to the police, who may then contact you directly. You authorize Porsche Smart Mobility Canada, Ltd. to release your rental and payment method information to a Provider (defined below) for processing and billing purposes. If Porsche Smart Mobility Canada, Ltd. or a Provider pay a Toll or Violation assessed on the Vehicle during a Program Period, then you hereby authorize Porsche Smart Mobility Canada, Ltd. or the Provider to (a) charge all payments and administrative fees to the payment method you use for your Porsche Drive - Subscription Membership Fees, and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to the Vehicle during a Program Period.

14.3. Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through Porsche Smart Mobility Canada, Ltd. or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, then Porsche Smart Mobility Canada, Ltd. or the Provider will charge you for the actual cost of the Toll incurred plus (a) all applicable fees and taxes and service charges, and (b) all applicable payment processing charges and convenience fees set forth in Part B of this Schedule (Schedule of Fees). If Porsche Smart Mobility Canada, Ltd. or a Provider charge you for a Toll you believe you paid, then you must submit proof of payment to Porsche Smart Mobility Canada, Ltd. to be relieved of your obligation to pay us or the Provider.

15. Will my Vehicle be tracked?

Your usage of the Vehicles will be tracked to ensure proper use (to the extent permitted by law).

Porsche Smart Mobility Canada, Ltd. wants to offer Vehicles that are in very good condition. In order to do that, and to the extent permitted by law, Porsche Smart Mobility Canada, Ltd. intends to keep track of how those Vehicles have been used and maintained by you. This tracking of usage allows Porsche Smart Mobility Canada, Ltd. to be certain that the Vehicles have been well maintained and have been used properly. It also helps Porsche Smart Mobility Canada, Ltd. to anticipate maintenance needs for the Vehicles before urgent action is required and, if permitted by law, allows Porsche Smart Mobility Canada, Ltd. to monitor for drivers who are treating the Vehicles in a way that is negligent, abusive or is likely to cause abnormally high wear and tear.

Each of the Vehicles is equipped with technology that, to the extent permitted by law, allows Porsche Smart Mobility Canada, Ltd. to track its location and that informs Porsche Smart Mobility Canada, Ltd. when certain driving events occur. For example, the technology may inform them when a Vehicle accelerates unusually fast, brakes unusually hard or takes a corner at an unusually high speed. BY DRIVING THE VEHICLE AND USING OUR AND PORSCHE SMART MOBILITY CANADA, LTD.’s SERVICES, YOU CONSENT TO THE TRACKING DESCRIBED IN THIS SCHEDULE TO THE EXTENT PERMITTED BY LAW.

You must drive responsibly and look after the Vehicles in your possession in the same manner as a diligent owner. In the interests of all Porsche Smart Mobility Canada, Ltd. clients who are obtaining similar services, we and Porsche Smart Mobility Canada, Ltd. reserve the right to suspend or terminate your Services if you treat any Vehicle in a manner that is not consistent with those expectations. If Porsche Smart Mobility Canada, Ltd. determines in its discretion that you drive or have driven a Vehicle in an imprudent, abusive or negligent manner, or you experience damage incidents at a rate above the norm, or you fail to report instances of damage that should reasonably be detected, or you act in a manner inconsistent with these rules of use, then it reserves the right in its sole discretion to terminate or suspend service immediately or to give you an advisory warning.