Terms & Conditions – Indemnity & bookings
The legal entity carrying on business under this website is hereunder referred to as “the business”. “Events” refer to driving experiences organised by the business.
Please read the following terms before booking an Event. By accessing or visiting this website, you agree to be bound by these terms. If you do not wish to be bound, you must not access or visit this website.
The business includes associated entities, related companies and all principals, directors, employees, staff, contractors and agents of all of them.
These Terms and Conditions apply to all Events booked through the business’s website, booked by phone or otherwise.
For the purposes of these Terms “customer” means any person over eighteen (18) years of age who participates in an Event and/ or who has paid for such participation and/or a person who has made a booking or utilised a gift voucher code to make a booking, in respect of such participation and/or a guest, friend or relative of a direct participant in an Event.
By entering into a legal relationship with the business, its servants or agents, the customer agrees to be bound by these Terms and Conditions. Legal relationship includes but is not limited to making a booking, making a payment or participating in an event organised by the business.
The business reserves the right to alter these Terms and Conditions, the services it offers and its pricing policy at any time without further notice.
Indemnity and waiver of rights
Property Damage and loss suffered by the business, its servants and agents:
If a customer or driver under the age of 18 causes property damage* to one or more of the business’s cars, the customer is to pay an amount not greater than the insured value of the business’s cars so damaged plus the full costs of associated tow truck services.
If a customer causes property damage* to any property of the business, its servants or agents or the property of the venue owner, the customer is to pay full equivalent replacement or repair costs.
The customer is to pay all or any legal costs, fees and disbursements incurred by the business, its servants and agents or the venue owner as a result of its enforcement of any legal action taken under this Agreement against the customer.
*Property damage as it relates to cars includes but is not limited to mechanical repairs, bodywork and tyre damage, for example, from tyres locking up. Property damage also includes but is not limited to tyre walls and Armco fencing.
Voluntary Assumption of Risk
The customer understands and accepts the nature and extent of the inherent risks involved in motor sport including the possibility of death, bodily injury, loss and property damage.
In the event of death, personal injury and/or any other loss suffered, the customer waives all claims for damages and holds the business harmless and unconditionally releases the business, its officers, employees or agents from all legal liability to the full extent permitted by law.
By participating in an Event, the customer hereby declares himself or herself free of any physical or mental disability, disease or condition which could affect his/her safe participation as a driver or passenger in any of the business’s Events.
Responsibility to follow Instructions
The customer understands and accepts his/her responsibility to follow the business’s instructions on the basis that failure to do so may cause an accident.
The customer undertakes to listen to and follow, to the best of his/her ability, all or any instructions from the business’s officers, employees or agents.
The customer accepts that any failure to follow instructions or any attempt to drive in a reckless, negligent or irresponsible manner will result in the customer being escorted from the circuit and forfeiture of the balance (if any) of the booked Event.
By making a booking or otherwise arranging for the participation of a minor under eighteen (18) years of age in an Event, the customer accepts that he/she is acting as guardian of that minor for the purposes of these Terms and Conditions.
As guardian, the customer freely consents to the participation of the minor in an Event and freely waives all rights and accepts all obligations and risks as outlined under these Terms and Conditions in respect of the minor as if that minor was an adult customer.
In consideration of the minor being accepted for participation in an Event, the customer agrees to fully and freely indemnify the business, its officers, employees and agents in the same manner and to the same effect as if the minor was an adult.
Fees, bookings and other procedures
The business requires full payment within one calendar month prior to a booked Event.
The business accepts online payment in a secure environment powered by Rezdy. Payment via our website must be made in full at the time of booking.
All payments received by the business directly, by phone or via its website include GST.
Payments are non-refundable within 14 days of a booked date. Part or total refunds on cancellations with less than 14 days’ notice may be made at the discretion of the business.
A Customer may re-book a different date by giving notice to the business no less than 14 days before the booked date.
If any booking is made within 14 days of a booked date, full payment must be made and no date changes are permitted.
A Customer may cancel a booking and receive a full refund less $100 cancellation fee by notifying the business no less than 14 days before the booked Event.
The business does not guarantee scheduled Event dates. The Customer acknowledges that the business may need to cancel Events due to unsuitable track conditions, unsuitable weather conditions, technical problems or other Events beyond the business’s reasonable control.
Under no circumstances will the business be liable for any consequential losses which a customer may incur as a result of an Event being delayed or rescheduled
During an Event, if any race car is damaged such that it is not safe to use, every reasonable effort will be made to provide a backup car however the business does not guarantee the provision of a replacement car.
The customer agrees to arrive in time for the full briefing session or forfeit all legal rights to participate in the Event in which they have been booked.
The Customer agrees to fully assist the business in its obligations under Occupational Health and Safety legislation by not arriving late or missing any portion of the Event briefing.
The customer agrees to wear closed in ankle height driving shoes (preferably sneakers), socks, long pants and long sleeve shirt (No heels, No work boots, No Thongs) before they will be allowed to participate in an Event.
The customer agrees that they may be refused entry, be requested to leave the grounds, or if necessary, be physically restrained or removed if, in the reasonable opinion of The business, the customer is in breach of these Terms and Conditions, under the influence of alcohol or drugs or, for any reason, causing a disturbance or threatens the safety of the landholders and their employees, guests, participants, staff or any property of the business, its servants or agents or the venue owner in any way.
For the purposes of blood/alcohol analysis, the Customer agrees to have zero blood alcohol concentration and may be subjected to a breathalyser test. A strict zero drug and alcohol policy for driver customers will be enforced by the business.
It is the customer’s responsibility to arrive on time and to make reasonable and timely enquiries as to where they should go.
For safety reasons late customers will not be permitted to enter the course or interrupt instructors. Participants who arrive late will forfeit their booking and their payment is non-refundable.
Participant customers must produce a current driver’s license (or learners permit) at all Events. Failure to do so will result in forfeiture of that Event.
Dogs or pets of any kind are not permitted.
Non Attendance Policy
If you do not attend your scheduled Event without notice your payment will not be refunded.
The customer undertakes to advise the business’s personnel of any medical condition and/or allergies that could affect the Customer’s ability to participate in any Event.
If, prior to the Event, the customer develops a condition/allergy which is such that it could be a safety risk to the customer and other participants, the customer must notify the business and provide a detailed medical certificate in order to receive a refund at the discretion of the business.
The customer agrees that, in the absence of a medical condition, he or she will attend the session that has been booked in the customer’s name. By not attending an Event on the scheduled date and time the customer agrees that he or she will be forfeiting the right to attend that, or any other replacement Event.
Observed Licence Tests (if applicable)
Booking and participating in an observed licence test in no way guarantees success or compels the business to issue an OLT.
Candidates for an OLT must pass this test before being issued with an OLT by the business.
While The business does not guarantee success at an OLT, the business recommends one on one training and plenty of practice prior to sitting the OLT.
Gift Vouchers Policy
Gift Vouchers are non-refundable.
Gift Vouchers are transferable to another person.
The business reserves the right to discontinue the sale of any Event purchased on a gift voucher. Re-issue of an equal-value gift voucher or full refund applies at the discretion of the business.
Gift Vouchers are valid for 3 years from the date of purchase. The business carries no responsibility to honour the Gift Voucher once the expiry date has passed.
To redeem your Gift Voucher, you will need to make an online booking and enter your booking code. By so making a booking, you become a Customer of the business and agree to be bound by these Terms and Condition.
Gift Vouchers cannot be redeemed for cash and cannot be used in the purchase of another gift voucher.
If your gift voucher is still valid, the business will, upon request, extend the life of the gift voucher for an additional 3 months beyond expiry. This one-off extension carries an administration fee of $100.
If you have an issue of any kind relating to your experience with the business please bring it to the attention of the business on the day of the event as we are better positioned to take action as required.
The business uses third parties as agents in the supply of our products and services. The business payment gateway is powered by Rezdy. It is recommended that you contact the business for a list of agents and read their terms and conditions and privacy policies with regard to payment and personal information issues.
Law and Territory
The above Terms and Conditions are for use within Australia and under NSW state law.
The legal entity carrying on business under this website is hereunder referred to as “the business”
Please read the following privacy statement. It explains why and how we collect your personal information and how it is protected. By accessing or visiting this website, you agree to be bound by this statement. You voluntarily agree to the collection of your personal information as described in this statement. If you do not agree, you must not access or visit this website.
The business includes associated entities, related companies and all principals, directors, employees, staff, contractors and agents of all of them.
Copyright in this website rests withthe business.You may download and use content including copy, data, code, images from this web site for your own personal reference only. Such information is not to be used for commercial purposes and it must not otherwise be reproduced, distributed or transmitted to any other person or otherwise incorporated into any publication or media without prior permission obtained from the business.
WEBSITE: IMPLIED AGREEMENT TO ACCESS AT OWN RISK
Persons or entities who access, visit, download data or material from this website assume all responsibility and risk for the use of this website and the Internet generally.
By accessing or otherwise using this website you agree to take full responsibility for all costs associated with its use and you agree to fully indemnify the business against all claims and damages arising directly or indirectly from or related to your access and use of this website.
Under no circumstances, including negligence, shall the business be liable for any direct, indirect, incidental, special or consequential damages or loss of profits that result from the use or inability to use this website and/or any other websites which are linked to this site.
The business bears no legal liability for such events as computer system damage, loss of data, interruptions, file deletions, viruses, defects, performance or communication failures, theft or unauthorised access which may occur from accessing or using this website.
The business does not warrant that any defects in this website will be corrected or that this website or the server that makes it available will be free of viruses or other harmful elements.
INTERNET: DATA TRANSMISSION AT OWN RISK
While every reasonable effort has been made to protect data transmission over the Internet, this cannot be guaranteed as totally secure. You agree that all information provided by you to the business via forms on this website or via associated emails is transmitted at your own risk.
CONTENT: ACCURACY, CURRENCY AND SUBJECT TO CHANGE
Every effort has been made to ensure the accuracy and currency of information contained within this website. Visitors or users should make independent enquiries in all situations where they intend to rely upon such information. The business gives no assurance and does not warrant the accuracy, completeness, currency, non-infringement or availability of information on this website and takes no responsibility for circumstances which may affect the accuracy or currency of information on this website.
The business accepts no liability or responsibility to any person or entity as a consequence of acting upon or in any way relying upon the information or material contained in this website.
Visitors and users finding information that is inaccurate or misleading in any way are invited to contact the business.
The business reserves the right to make changes to website content at any time and without notice and shall bear no legal responsibility for technical inaccuracies or typographical errors which may occur.
CONTENT: NO PROFESSIONAL ADVICE, NO WARRANTIES, NO CONTRACT
The business declares that all website content on this website is general comment only. Information posted on this website must not be construed as professional advice. Website content is not intended to replace consultation with a qualified professional. No person or entity shall rely on any information contained in this website. It is recommended that users and visitors to this website obtain specific advice from a qualified professional.
No information on this website shall create a warranty. This web site is provided on an “as is” or “with all faults” basis without warranties of any kind, express or implied. This disclaimer applies to, but is not limited to, title, merchantability, fitness for a particular purpose and any warranty which may otherwise arise from a trade practice, course of dealing or usage. This website is not intended to be a contract, explicit or implied.
CONTENT: NO REPRESENTATIONS, NO ENDORSEMENTS
All website references to legal entities; their products or services; hypertext links to other websites; or mentions/images of trade names or trademarks are provided solely for the purpose of convenience and do not constitute or imply any representation or endorsement by the business which is not responsible for the website content, practices, products or services of any other unrelated legal entity and are not liable for any resulting damage or injury.
CONTENT: LINKS TO OTHER SITES
This website may contain links or references to other websites. The business is not responsible for the accuracy, legality or copyright compliance of any information contained therein.
THIRD PARTY SERVICES AND PRODUCTS: NO WARRANTY
The business may refer to or use services and products including but not limited to software which have been produced and/or supplied by third parties.
The business does not give any warranty in relation to third party services and products, whether disclosed on this website or not, including any warranty as to their features, performance, merchantability or fitness for purpose and are not liable for any claim or breach arising in relation to third party services and products.
WEBSITE: SECURITY FEATURES AND INDEMNITY
By accessing or visiting this website, you agree to observe and maintain the confidentiality of all security features relating to the use of this website (including passwords, access arrangements, etc).
The business will not be liable for damages arising from any unauthorised breach or disclosure of these security features on your part.
You agree to indemnify the business for any loss or liability incurred by the business arising from your unlawful, unauthorised or improper access or use of this website or any breach of these terms by you or your employees, staff, contractors or agents.
The business does not guarantee constant availability of access to this web site and accepts no liability for down time or access failure for whatever reason. By attempting to accessing or otherwise use this website you agree to take no legal action against the business for any loss incurred as a result of failure to access or use this website.
LAW AND TERRITORY
The above Terms and Conditions are for use within Australia and come under the jurisdiction of the state of New South Wales.
To the extent permitted by law, the business excludes all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, any information on the website.
If any law prohibits the exclusion of such liability, the business hereby limits its liability, to the extent permitted by law.
In the event that the business provides products and services outside Australia, the business provides no warranty, express or implied, that the use of this website, or the placing of an order through this website, will comply with any laws or regulations outside Australia.
Any products and services not permitted under offshore domestic laws are not offered via this website.