Reservation Agreement

By this Agreement, together with your payment of the Reservation Fee, you are reserving a future purchase of your selected Scout vehicle. This Agreement does not obligate you to ever purchase a Scout vehicle, and it does not obligate Scout Motors to ever sell you a Scout vehicle. This Agreement is not a contract for the purchase, lease, or finance of a specific Scout vehicle that has already been manufactured and given a Vehicle Identification Number, and it does not lock in final pricing, a firm production slot, a firm delivery date, or specific configuration of a Scout vehicle.

After you submit your Reservation and the Scout vehicle you selected becomes available in production, we will invite you to complete the configuration of your Scout vehicle on our website. Once you have completed the configuration of your Scout vehicle, we will provide you with confirmation of your Scout vehicle configuration, and a detailed break-down of the approximate final price. To purchase the Scout vehicle you have selected and configured, you will need to execute Scout Motors’ standard Agreement for Purchase or a lease agreement if Scout Motors is, at that time, offering leases to consumers in the state/province/territory in which you reside (collectively, “Final Sales Agreement”) which will include additional terms and conditions, including the final purchase price for your Scout vehicle. Additional payments, including applicable taxes, other governmental fees, and/or shipping or destination charges, will be required as part of your final purchase of a Scout vehicle and will be reflected in your Final Sales Agreement.

By placing your Reservation, and thereby entering into this Agreement, you represent that you are at least 18 years of age or the legal age of majority in your state/province/territory (whichever is greater) and legally competent in the jurisdiction from which you are entering this Agreement to do so. If you are reserving a production slot for a Scout vehicle on behalf of a legal entity or organization, you further represent that you have actual authority to bind such legal entity or organization to this Agreement. We reserve the right to accept or decline Reservations in our sole discretion.

You will be charged a one-time fee of $100 USD or 150 CAD(“Reservation Fee”) when you place your Reservation for a Scout vehicle. Placing a Reservation, which includes acceptance of this Agreement, constitutes your agreement to be charged the Reservation Fee using your provided payment method. The Reservation Fee is not a pre-payment or installment on the Scout vehicle that you may ultimately purchase, nor does the Reservation Fee guarantee the allocation of a Scout vehicle. All vehicle orders require an approved credit application and/or Final Sales Agreement to be completed prior to final delivery of the vehicle. Failure to do so may result in the Reservation being canceled and the Reservation Fee being refunded.

You can cancel your Reservation at any time and receive a full refund of the Reservation Fee by sending an email from the email address that you used to make the Reservation to support@scoutmotors.com. If you ultimately execute a Final Sales Agreement and accept delivery of a Scout vehicle, we will provide a credit to the final price equivalent to the Reservation Fee.

Any pricing provided to you in advance of the Final Sales Agreement (“Preliminary Price Estimate”) is only being offered to you as an estimate for illustrative purposes only, does not constitute an advertisement, solicitation, credit application, or offer for direct sale, financing, or leasing, and is subject to change. The Preliminary Price Estimate shown as part of your vehicle configuration might not include documentation fees, applicable taxes, government fees, and/or shipping or destination charges. Because such taxes, fees, and other costs are subject to change and will depend upon differing factors (such as where you choose to register the Scout vehicle), they will be calculated closer to the time of delivery and will be indicated on the Final Sales Agreement executed between you and Scout Motors.

The Preliminary Price Estimate does not reflect any changes that you may choose to make to the vehicle configuration. If you make changes to the vehicle configuration, you may be subject to potential price increases for any pricing adjustments made since your original Reservation. Any changes made to your vehicle configuration, including any changes in the method of delivery, delivery location, or estimated delivery date, will be reflected in a subsequent vehicle configuration or in the Final Sales Agreement.

You acknowledge that the estimated battery range and other available features, options, and accessories, and the pricing for them, may change before you execute the Final Sales Agreement. This means that your final price as will be reflected on the Final Sales Agreement could be higher than the Preliminary Price Estimate as a result of changes in the base price for the Scout vehicle or any of its features, options, or accessories, including, without limitation, model change-overs, increased labor or material costs, etc. Moreover, we reserve the right, in our sole discretion, to discontinue vehicle models, related products, features, options, and accessories and such discontinuance may result in changes to the final price as will be reflected on the Final Sales Agreement.

Your priority in for the delivery of a Scout vehicle will be set, in part, by the date of payment of your Reservation Fee. The actual date of delivery will depend upon a variety of factors, including, among other things, your priority, our manufacturing schedule, your execution of the Final Sales Agreement, and the method and location of delivery of the Scout vehicle. There is no estimated or guaranteed delivery date based on your Reservation or this Agreement, nor does the Reservation Fee guarantee allocation of a Scout vehicle. Any estimated delivery time frames provided are estimates only provided for informational purposes, and are subject to change. While Scout makes every effort to provide accurate estimates, unforeseen circumstances including (but not limited to) production delays, transportation issues, or supply chain disruptions may impact the estimated delivery schedule. As such, you acknowledge and agree that Scout will not be liable to you for delays in delivery. The method of delivery of the Scout vehicle will be set out in the Final Sales Agreement.

The information you provide with your Reservation will be used in accordance with our Privacy Policy and Terms of Use (“Privacy Policy”), each of which is incorporated herein by reference and available on our website scoutmotors.com/legal. Please read the Privacy Policy carefully to understand our practices regarding your information and how it will be treated.

To the fullest extent permitted by law, you agree that we are not liable for any direct, special, consequential, punitive, indirect, or incidental damages of any kind whatsoever, including lost profits, loss of business or loss of opportunity, regardless of the basis or circumstances of any claim, damage, loss, or expense, whether in contract, tort, or otherwise. Your sole and exclusive remedy under this Agreement for any claims, damages, costs, or expenses arising under, out of, or related in any way to this Agreement and/or your Reservation is return of the Reservation Fee.

You may not assign your rights under this Agreement or your Reservation without our express, written consent. We reserve the right, in our sole and exclusive discretion, to cancel any reservation that we believe has been made with a view toward resale of any Scout vehicle or that has otherwise been made in bad faith.

Without limiting the generality of any other section of this Reservation Agreement, we reserve the right to limit or refuse any reservation you place with us. Further, we reserve the right to verify the validity of any reservation and/or cancel any reservation if we find evidence of fraud, tampering and/or any other violation of this Reservation Agreement. We may, in our sole and absolute discretion, limit or cancel the number of reservations submitted per person, or per household. These restrictions may include reservations placed by or under the same credit card, and/or reservations that use the same billing and/or delivery address.

All reservations are subject to verification by us at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any reservation and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling a reservation in accordance with our interpretation of the terms and conditions of this Reservation Agreement.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND FOR CUSTOMERS WHO ARE NOT INDIVIDUALS RESIDING IN THE PROVINCE OF QUEBEC: This Agreement, and the Reservation, together with their formation and subject matter, and any related non-contractual disputes or claims between us, are governed solely by the laws of the state of Missouri, United States regardless of any conflict of laws principles. If you opt-out of the dispute resolution process described in Section 9, or otherwise believe that a dispute or claim is not subject to the terms of Section 9, you agree that any dispute or claim between you and Scout Motors shall be resolved in a state or federal court in the state of Missouri, United States. You expressly consent to the jurisdiction of such courts in the state of Missouri, United States and waive all objections to personal jurisdiction or as to venue in such courts due to lack of contacts, inconvenient forum, or any other basis.

FOR CUSTOMERS WHO ARE INDIVIDUALS RESIDING IN THE PROVINCE OF QUEBEC: This Agreement, and the Reservation, together with their formation and subject matter, and any related non-contractual disputes or claims between us, are governed solely by the laws of the Province of Quebec and the federal laws of Canada applicable therein, regardless of any conflict of laws principles.

THIS SECTION 9 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND DOES NOT APPLY TO INDIVIDUALS RESIDING IN THE PROVINCE OF QUEBEC. If you have a concern or dispute regarding the Reservation or this Agreement, please send written notice describing your dispute and your desired resolution to legal@scoutmotors.com. If your dispute is not resolved within 60 days of your email notice, you agree that any claim, controversy, or dispute arising out of or relating in any way to any aspect of the relationship between you and Scout Motors pursuant to the Reservation or this Agreement be resolved not in court by a judge or a jury, but instead only by and through the Better Business Bureau, Auto Line, as a telecom binding arbitration under rules promulgated by the Better Business Bureau. Scout Motors will pay the fees associated with such binding arbitration. The arbitrator may only resolve disputes between you and Scout Motors related to, or arising out of, the Reservation and this Agreement and may not consolidate claims without the consent of all parties, including Scout Motors. Within 30 days of the Effective Date, you may opt out of binding arbitration through the Better Business Bureau, Auto Line, by sending a letter to 1775 Tysons Blvd, 5^th Floor Floor, McLean, VA 22102 stating your name, Reservation confirmation number, and intent to opt out of this arbitration provision.

To the fullest extent permitted by applicable law (and except for individuals residing in the province of Quebec), no claim under this Agreement or related to the Reservation shall be joined to any other claim from other current or former users of our website or otherwise related to Scout vehicles or any other reservations. No claim brought under this Agreement shall proceed as a class action. You hereby waive any right to trial by jury in any action or proceeding arising out of or related to this Agreement, the Reservation, or any acts or omissions related thereto, whether now existing or hereafter arising or discovered, and whether sounding in contract, tort, or otherwise. You agree that we may file a copy of this Agreement with any court as written evidence of your knowing, voluntary, and bargained-for agreement to irrevocably waive trial by jury and that any action or proceeding whatsoever between us relating to these terms shall instead be tried in a court of competent jurisdiction by a judge sitting without a jury.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: This Agreement is effective upon Scout Motors’ receipt of the Agreement and your payment of the Reservation Fee. Scout Motors receives and accepts the Agreement and payment of the Reservation Fee at its offices in Fairfax County, Virginia. By submitting the Agreement and paying the Reservation Fee, you agree that the Agreement is formed in the state of Missouri, United States.

The undersigned have executed this Agreement effective as of the Effective Date.

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