1. Definitions

a. In this agreement:
i. “Us”, “We” and “Our” refer to Track Day Club Pty Ltd ACN 158 983 209.
ii. “Track Day” means the driving experiences sold by Us.
iii. “You” and “Your” refer to the purchaser of any Track Day offered by Us.
iv. “Participant” means any person, including You, who is to participate in a Track Day that You have purchased from Us.

2. Application of Terms

a. These terms apply to Your purchase of a Track Day from Us.
b. To the extent that these terms impose obligations on Participants, it is Your obligation to ensure that they also accept those obligations. If a Participant refuses to accept or comply with those Obligations then they will not be permitted to participate in a Track Day, and any payment in respect of their participation will be forfeited.

3. Refunds

a. All of Our fees are non-refundable except as required by law.

4. Change of Dates and Participants

a. Where a date has been allocated in respect of Your Track Day, You may change its date by giving us notice at any time on or before 14 days before the allocated date. Any refunds will incur the relevant processing fees.
b. You may change the Participants who are to participate in Your Track Day by giving notice of the change to us at any time.
c. In the event that any Participants fail to attend the Your Track Day, any payment in respect of their participation will be forfeited.
d. It may become necessary for Us to change the date of Your Track Day due to unsuitable track or weather conditions, technical issues, damage to vehicles, or other reasons beyond our reasonable control.
e. In the event that it becomes so necessary for us to change the date of Your Track Day, You will be permitted to reschedule the Track Day for another date. We are not liable for any losses of any nature to You or to Your Participants if this occurs.

5. Ability to Drive and Indemnity

a. Participants must:
i. be over the age of 16 years;
ii. If driving a vehicle, be over the age of 18 years and be the holder of a driver’s licence allowing them to drive a car in the state of New South Wales, and present that licence to Our staff on request;
iii. be free of any injury, illness, or other condition that could affect their ability to drive safely during Your Track Day;
iv. wear long pants, a long-sleeved shirt and enclosed shoes & socks throughout Your Track Day;
v. wear an approved Australian Standard road use helmet and any other safety gear provided by You at Your Track Day;
vi. follow directions reasonably given to them by Our staff during Your Track Day;
vii. sign a release and indemnity as reasonably required by Us, releasing us from liability in relation to injury, loss or death as a result of participating in Your Track Day, and accepting liability for any damage caused by them through reckless, negligent or irresponsible behaviour;
viii. arrive at Your Track Day by such time as We allocate for their compulsory briefing and safety session; and
ix. abide by such safety regulations or other rules as are imposed by the venue at Your track Day including all recovery and fire equipment used for your vehicle is at Your expense.
b. Participants must not:
i. be under the influence of any alcohol or drugs while at Your Track Day; or
ii. cause any disturbance or threaten the safety of any person at Your Track Day.

6. Promotion

a. Participants must not:
i. promote any products / services or other events at Your Track Day as this is prohibited and prior approval with Management must be sought.

In the event that We reasonably believe that any Participant is in breach of any of the above requirements, then that Participant will not be permitted to participate in Your Track Day, and any payment in respect of their participation will be forfeited.