All Trackshool Tracks - Terms and Conditions

Please make sure you click on any links, read and accept all Terms and Conditions and Waivers (below) before attending a Trackschool event at Winton Motor Raceway.

• Winton Motor Raceway - Release and waiver of liability assumption of risk and indemnity agreement
• Trackschool - Terms and Conditions

RELEASE AND WAIVER OF LIABILITY / ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

WARNING! Motor Racing is Dangerous, and accidents can and do happen. All care is taken to protect you, but you are warned that there is a possibility of an accident-causing personal injury or death.

Subject to that warranty, if applicable and IN CONSIDERATION of being permitted to compete, officiate, observe, work for, or participate in any way in the EVENT(S) or being permitted to enter for any purpose any RESTRICTED AREA (defined as any area requiring special authorization, credentials, or permission to enter any area to which admission by the general public is restricted or prohibited), EACH OF THE UNDERSIGNED, for himself/herself, his/her personal representatives, heirs and next of kin.

1. Acknowledges, agrees and represents that he/she enters and he/she further agrees and warrants that, if at any time, he/she is in or about RESTRICTED AREAS and he/she feels anything to be unsafe, he/she will immediately advise the officials of such and will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENT(S).

2. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Australian Auto-Sport Alliance Pty. Ltd., the Organisers, the landowners, promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, officials, car owners, drivers, pit crews, rescue personnel, any persons in any RESTRICTED AREA, promoters, sponsors, advertisers, owners and lessees of premises used to conduct the EVENT(S), premises and Event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENT(S) and each of them, their directors, officers, agents and employees, all for the purposes as herein referred to as “Releases”, FROM ALL LIABILITY, TO THE UNDERSIGNED, his/her personal ON ACCOUNT OF INJURY TO THE PERSON OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

3. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF PERSONAL INJURY or DEATH arising out of or related to the EVENT(S) whether caused by the NEGLIGENCE OF

RELEASEES or otherwise.

4. HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of personal injury and/or death Each of the UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.

5. Hereby assumes full responsibility for the preparation and safety of the vehicle to be used and further give an assurance that the vehicle has been checked for safety and is in a condition fit to be used for motor racing.

6. Hereby agrees that this Release and Waiver of Liability, Assumption of risk and Indemnity Agreement extends to all acts of negligence by the Releases, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the Fair Trading Act 2012 (Vic) and the Australian Consumer Law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

COMMUNICABLE DISEASE EXCLUSION

1. Notwithstanding any provision to the contrary within this policy, this policy does not cover all actual or alleged loss, liability, damage, compensation, injury, sickness, disease, death, medical payment, defence cost, cost, expense or any other amount, directly or indirectly and regardless of any other cause contributing concurrently or in any sequence, originating from, caused by, arising out of, contributed to by, resulting from, or otherwise in connection with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease.

2. For the purposes of this endorsement, loss, liability, damage, compensation, injury, sickness, disease, death, medical payment, defence cost, cost, expense or any other amount, includes, but is not limited to, any cost to clean-up, detoxify, remove, monitor or test for a Communicable Disease.

3. As used herein, a Communicable Disease means any disease which can be transmitted by means of any substance or agent from any organism to another organism where:

3.1. the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not, and

3.2. the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms, and

3.3. the disease, substance or agent can cause or threaten bodily injury, illness, emotional distress, damage to human health, human welfare or property damage.

Motorsport Australia Terms and Conditions 24/V2

https://motorsport.org.au

Held under the ISC of the FIA and the National Competition Rules of Motorsport Australia.

Risk Warning, Disclaimer and Indemnity Competitors/Drivers/Navigators/Service Crew

Motorsport Activities are inherently dangerous recreational activities and there is significant risk of injury, disability or death.

If you do not wish to be exposed to such risks, then you should not participate in the Motorsport Activities.

Acknowledgement of Risks

I acknowledge that the risks associated with attending or participating in Motorsport Activities include but are not limited to the risk that I may suffer harm as a result of:

• motor vehicles (or parts of them) colliding with other motor vehicles or persons or property;
• other participants acting dangerously or with lack of skills;
• high levels of noise exposure;
• acts of violence and other harmful acts (whether intentional or inadvertent) committed by persons attending or participating in the event; and
• the failure or unsuitability of facilities (including grand-stands, fences and guard rails) to ensure my safety.

Exclusion of Liability, Release and Indemnity

In exchange for being able to attend or participate in the Motorsport Activities, I will and agree to:

• to release Motorsport Australia and the Entities to the extent that any or all of them are providing Recreational Services from all liability for:
  • my death;
  • any physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
  • the contraction, aggravation or acceleration of a disease including but not only COVID-19;
  • the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
    • that is or may be harmful or disadvantageous to me or the community; or
    • that may result in harm or disadvantage to me or the community,

• any claim for any costs and expenses I may incur as a consequence of any of the above; arising from my participation in or attendance at the Motorsport Activities;
• to indemnify and hold harmless and keep indemnified Motorsport Australia and the Entities to the maximum extent permitted by law in respect of any Claim by any person; and
• to attend at or participate in the Motorsport Activities at my own

I understand that:

• nothing in this document excludes, restricts or modifies any rights that I may have as a result of significant personal injury that is caused by the Reckless Conduct of Motorsport Australia and the Entities as the supplier of the Motorsport Activities and Recreational Services;
• nothing in this document prevents Motorsport Australia and the Entities from relying on any laws (including statute and common law) that limit or preclude their liability;
• nothing in this document excludes any term or guarantee which under statute cannot be excluded, however the liability of Motorsport Australia and the Entities is limited to the minimum liability allowable by law;
• nothing in this document precludes me from making a claim under a Motorsport Australia insurance policy where I am expressly entitled to make a claim under that insurance policy; and
• Motorsport Australia has arranged for limited personal injury insurance coverage which may provide me with some protection for loss, damage or injury that I may suffer during my participation in the Motorsport I acknowledge and accept that the insurance taken out by Motorsport Australia may not provide me with full indemnity for loss, damage or injury that I may suffer during my participation in the Motorsport Activities, and that I may have to pay the excess if a Claim is made under an insurance policy on my behalf. I agree that my own insurance arrangements are ultimately my responsibility and I will arrange any additional coverage at my expense after taking into account Motorsport Australia’s insurance arrangements, this document and my own circumstances.

Where Motorsport Activities are held in the following jurisdictions, I acknowledge that I have also read and accept the following warnings:

Under Australian Government Consumer Law (which is part of the Competition and Consumer Act 2010 (Commonwealth)), several guarantees are implied into contracts for the supply of certain goods and services. I agree that the application of all or any of the provisions of Subdivision B of Division 1 of Part 3-2 of Australian Consumer Law (i.e. guarantees relating to the supply of services), the exercise of rights conferred by those provisions, and any liability of Motorsport Australia and the Entities for a failure to comply with any such guarantees, are excluded. However, such exclusion is limited to liability for:

• death, physical or mental injury (including aggravation, acceleration or recurrence of such an injury of the individual);
• contraction, aggravation or acceleration of a disease of an individual; or
• the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to the individual or the community, or that may result in harm or disadvantage to the individual or the community.

This exclusion does not apply to significant personal injury suffered by me as a result of the reckless conduct of Motorsport Australia and the Entities.

Warning Applicable in Relation to Motorsport Activities Held in Victoria

Warning Under The Australian Consumer Law and Fair Trading Act 2012:

Under The Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to me:

• are rendered with due care and skill;
• are reasonably fit for any purpose which I either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result I have made known to the

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask me to agree that these conditions do not apply to me. I understand that if I sign this form, I am agreeing that any rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if I am killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

Note: I note that the change to my rights, as set out in this form, does not apply if my death or injury is due to gross negligence on the supplier’s part. “Gross negligence” in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

Warning Applicable in Relation to Motorsport Activities Held in South Australia

Under sections 60 and 61 of The Australian Consumer Law (SA), if a person in trade or commerce supplies me with services (including recreational services), there is a statutory guarantee that those services:

• will be rendered with due care and skill; and

• any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
• any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve, (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services.

Excluding, Restricting or Modifying My Rights:

Under section 42 of the Fair Trading Act 1987 (SA), the supplier of recreational services is entitled to ask me to agree to exclude, restrict or modify their liability for any personal injury suffered by me or another person for whom, or on whose behalf, I am acquiring the services (a third party consumer). If I sign this form, I am agreeing to exclude, restrict or modify the supplier’s liability with the result that compensation may not be payable if I or the third party consumer suffer personal injury.

Important:

I do not have to agree to exclude, restrict or modify my rights by signing this form. The supplier may refuse to provide me with the services if I do not agree to exclude, restrict or modify my rights by signing this form. Even if I sign this form, I may still have further legal rights against the supplier. A child under the age of 18 cannot legally agree to exclude, restrict or modify their rights. A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.

Agreement to exclude, restrict or modify my rights:

I agree that the liability of Motorsport Australia and the Entities for any death or personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded. Further information about these rights can be found at www.cbs.sa.gov.au

Definitions:

1. “Claim” means and includes any action, suit, proceeding, claim, demand or cause of action however arising including but not limited to negligence, BUT does NOT include a claim under a Motorsport Australia insurance policy by any person expressly entitled to make a claim under that insurance policy;
2. “Entities” means event and competition organisers/promoters/managers, land and track owners/managers/administrators/lessees, Motorsport Australia affiliated clubs, state and territory governments and insureds listed in Motorsport Australia’s public/product/professional indemnity insurance policies and each of their related bodies corporate (including their related bodies corporate) and each of their organs and agencies, officers/president/directors/executives, employees, servants, agents, partners, providers, members, competitors, drivers, co-drivers, navigators, officials, crew members, service crew, delegates, licence holders, representatives, commissions, committees, advisers, trustees, councils, panels, shareholders, volunteers, officials, appointees, delegated bodies and sponsors;
3. “Motorsport Activities” means any motorsport activities or Recreational Services which are permitted or approved which Motorsport Australia regulates or administers or otherwise are under the responsibility / control of Motorsport Australia;
4. “Motorsport Australia” means the Confederation of Australia Motor Sport Ltd. trading as Motorsport Australia;
5. “Reckless Conduct” means conduct where the supplier of the recreational services is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person and engages in the conduct despite the risk and without adequate justification;
6. “Recreational Services” means (unless otherwise defined in this document) services that consist of participation in:
   1. a sporting activity; or
   2. a similar leisure time pursuit or any other activity that:
      1. involves a significant degree of physical exertion or physical risk; and
      2. is undertaken for the purposes of recreation, enjoyment or

Crashtag Consent

I consent to medical or first aid providers treating me at a motorsport event to enter my details into Crashtag, and to access my existing Crashtag information if needed.

For more information, visit crashtag.com

Fit and Proper Person

I acknowledge and agree that it is a fundamental condition of issue of this licence and its continuing validity that I:

1. have advised Motorsport Australia in writing of any act, omission, fact or circumstance which may affect my ability to be and remain a fit and proper person to hold this licence and exercise the duties and privileges that relate to it;
2. have advised Motorsport Australia in writing if I have been found guilty of or charged with any:
   1. serious indictable criminal offence; or
   2. sexual offence, (unless this is a ‘spent’ or ‘annulled’1 conviction); and
3. undertake to advise Motorsport Australia immediately in writing upon any court of competent jurisdiction making any such finding, or upon being charged with any such offence.

I understand and accept that Motorsport Australia may, in its discretion, if it reasonably believes I am not a fit and proper person to hold this licence or carry out its associated duties, choose to refuse, suspend, or withdraw my licence. However, I acknowledge that I will be given the opportunity to respond in writing to the Motorsport Australia Board before any such decision is made.

1 As determined by the Crimes Act 1914 (Cth), Criminal Records Act 1991 (NSW), Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld), Spent Convictions Act 2000 (ACT),

Criminal Records (Spent Convictions) Act 1992 (NT), Spent Convictions Act 1988 (WA) and/or the Annulled Convictions Act 2003 (Tas) (including their successors and replacements.)

Respect Code

Motorsport Australia is committed to providing a fair, safe and socially responsible motorsport for all members of the Motorsport Community.

In participating in a Motorsport Australia event, in any capacity, a standard of behaviour is expected in accordance with our shared values.

We value each other, our differences, our opinions and we commit:

• To treat all people with dignity, respect and fairness, regardless of age, disability, sex, race, culture or ethnicity, religious beliefs, social background, sexual orientation or gender identity.
• To recognise that people of all backgrounds can offer a valuable contribution to motorsport and support Motorsport Australia’s commitment to be inclusive and welcome all members of the Australian community into our sport.
• To be ethical, fair and honest, and always act with
• To be responsible for the physical and psychological safety and welfare of all people involved in motorsport.

I understand that my role in motorsport, whether it be as a competitor, official, volunteer, crew or spectator, contributes to the image of motorsport as a welcoming, friendly and fair sport. I understand that breaching these obligations may result in disciplinary action.

Anti-Doping, Alcohol & Illicit Substances

I hereby declare that:

• I am committed to upholding the principles of fair play, integrity and sportsmanship, as such I affirm that I will not engage in the use of any prohibited substances or methods as outlined by Sport Integrity Australia.
• I understand that the consumption of alcohol may impair my judgement and coordination, which poses as a risk to the safety of myself and others. Therefore, I commit to refraining from the consumption of alcohol during events, competitions or activities organised or sanctioned by Motorsport Australia.
• I pledge not to use or be under the influence of any illicit drugs during any events, or activities associated with Motorsport Australia.
• I am aware that the use of illicit drugs is prohibited and may lead, but not limited to, suspension, expulsion or legal actions.

I fully understand the importance of adhering to the above commitments and the potential repercussions for non-compliance.

Declaration

Any person making a false declaration is liable to refusal and cancellation of licence and/or insurance cover and/or entry to a motorsport activity

I accept the conditions of, and acknowledge the risks arising from, attending or participating in motorsport activities being provided by Motorsport Australia and the Entities. I agree to be bound by the rules, regulations and policies of Motorsport Australia at all times.

The information I have entered into this form is true and correct and I will advise Motorsport Australia immediately if any of the information I have given is no longer correct. I have read, understood, acknowledge and agree to the above including the exclusion of statutory guarantees, warning, assumption of risk, release and indemnity. I understand that false declarations may lead to refusal or cancellation of insurance.

Parent/Guardian Consent (must be completed for all applicants under 18 years of age)

I the parent/ guardian of the above-named (‘Minor’) who is under 18 of age have read this document and understand its contents, including the exclusion of statutory guarantees, warning, assumption of risk, release and indemnity, and have explained the contents to the Minor. I consent to the Minor attending or participating in the event at their own risk.

1.  Objective of Policy

Motorsport Australia has a responsibility to ensure that its motorsport passenger ride activities are conducted to the highest possible standards of safety. The objective of this Policy is to provide information to assist Event Organisers, to meet these standards.

2.  Scope of Policy

This Policy outlines Motorsport Australia’s requirements for:

• preparing and submitting an application to conduct a MSPRA;
• operating and administering an MSPRA; and
• rides in competition vehicles only. For clarity, rides in Officials’ vehicles (e.g. Course Cars) are excluded from this Policy

3.  Definitions

Unless otherwise specified capitalised terms have the meaning stated in the NCR and below:

1. Apparel: Safety clothing as defined in Appendix A of this Policy;
2. Automobile: A vehicle running in constant contact with the ground (or ice) on at least four non-aligned wheels, of which at least two are used for steering and at least two for propulsion; the propulsion and steering of which are constantly and entirely controlled by a Driver on board the vehicle (other terms including but not limited to car, truck and kart may be used interchangeably with Automobile, as appropriate within types of Competition);
3. Course: The route to be followed by an Automobile in a Competition;
4. Course Car: An official vehicle available to the Clerk of the Course for on-track activities during an Event;
5. Driver: A person driving an Automobile in a Competition or activity and necessarily holding a Competitor Licence issued or recognised by Motorsport Australia;
6. Event: A motorsport activity which may include one or more Competition/s, Parade/s, or Demonstration/s;
7. Motorsport Australia: The Confederation of Australian Motor Sport Limited trading as Motorsport Australia, the Board and any commission, committee or body within Motorsport Australia which holds a delegation of power from the Board
8. MSPRA: A ‘Motorsport Passenger Ride Activity’, being an activity (which may be held as a stand-alone Event or in conjunction with other sessions during an Event) on a Course in which a Passenger is carried in an Automobile at speed The following will not be considered to be an MSPRA:
9. The use of a Course Car or other approved vehicle where a Passenger or Passengers are permitted subject to the approval of the Organiser
10. (ii) the use of a recovery, fire, medical or other incident response vehicle undertaking official duties; Page 1(iii) a Parade; and
11. (iv) any other activity involving the use of a vehicle on a Course which is necessary for the operation of the Event;
12. NCR: National Competition Rules;
13. Official: Officials at an Event which includes stewards , race directors, technical commissioners and any other official licensed by Motorsport Australia;
14. Parade: A display of a group of Automobiles at a moderate speed;
15. Passenger: A person, other than the Driver or Navigator, conveyed in an Automobile. Unless specified otherwise in the Standing Regulations or a relevant Motorsport Australia policy, such person must weigh with personal equipment not less than 60 kg;
16. Policy: This policy;
17. Promoter: A person or body with responsibility for financial and commercial matters of an Event;
18. Organiser: A person or body having responsibility for the organisation of an Event;
19. Risk Warning and Disclaimer: The risk warning and disclaimer identified for use by a Passenger and which is available at motorsportaustralia.org.au;
20. TRA: A Targeted Risk Assessment;

4.  MSPRA Administration Procedure

• Each MSPRA must be conducted in accordance with this Policy and with Motorsport Australia’s rules, policies and procedures.
• The process for the conduct of each MSPRA is:
  • The details of a proposed MSPRA must be included in the relevant application form submitted to Motorsport Australia for approval prior to the MSPRA being conducted;
  • Each Passenger is required to disclose details of any medical condition which may make them unfit to participate in an MSPRA;
  • A briefing of each Driver and Passenger (and each guardian if the Passenger is under 18 years of age) will be conducted by the Clerk of the Course (or their delegate) prior to a MSPRA The briefing will be read to each Driver and Passenger and contain as a minimum the items identified in Appendix B. A printed copy of any material used in the briefing will be given to each Driver and Passenger;
  • A Risk Warning and Disclaimer must be signed by each Passenger following the compulsory briefing and prior to participating in a In the case of a Passenger under 18 years of age, the Risk Warning and Disclaimer must be signed by a parent or legal guardian.

5.  MSPRA Operational Requirements

• General
  • Each MSPRA must be conducted within the limits of the Automobile and its Driver and at less than racing speed.
  • Any Driver losing control or exceeding the track limits (as defined in the Code of Driving Conduct) will be reported to the stewards. Nevertheless, a Clerk of the Course may stop any Automobile they consider to be driven inappropriately. Overtaking is not permitted, save for circumstances where an Automobile has stopped on the Course in a safe position or otherwise is moving slowly due to a mechanical failure or similar problem. Where a Driver leaves the Course and is unable to continue, the Driver must immediately pull clear of the Course where it is safe to do so and wait in the Automobile for further direction from an official unless it is unsafe to do so.

• Each MSPRA must be under the control of the Clerk of the Course (or their delegate) who will be responsible for all operational matters for the In addition to their normal duties, the Clerk of the Course (or their delegate) will:
  • take a cautious approach to the design and conduct of each MSPRA;
  • approve each Driver, Passenger and Automobile combination which has applied to participate in an MSPRA;
  • monitor each Driver and Automobile during an MSPRA to ensure they are acting in accordance with this Policy; and
  • ensure there are an adequate number of officials and emergency response vehicles relevant to the activity at each Course to:
  • ensure that each Passenger is correctly:
  • (I) fitted and restrained as required for each Automobile with proper consideration for the physical attributes (height, weight, etc.) of each Passenger; and
  • (II) attired in accordance with this Policy at all times while the Automobile is on the Course; and
  • ensure a safe environment for the conduct of a

NOTE: Resourcing requirements may vary depending on the Course and the discipline (and the broader Event if relevant).

5.2  Panic Codes

A panic code will be determined and agreed upon by each Driver and Passenger that can be used by the Passenger to indicate they are no longer agreeable to the continuation of a MSPRA. In the event of the panic code being used or displayed by a Passenger, the Driver must promptly slow down and exit the Course.

5.3  Scrutineering

Each Automobile and the Apparel to be used in a MSPRA must pass scrutineering in accordance with the NCR and meet any stated requirements for the MSPRA.

5.4  Number of permitted Passengers

Unless approved otherwise by Motorsport Australia, each Automobile may carry only one (1) Passenger at a time during each run in a MSPRA.

5.5  Separation of Automobiles

The minimum Automobile separation stated in Appendix A must be maintained during each MSPRA unless approved otherwise by Motorsport Australia.

5.6  Experience and Familiarisation with Course

Before commencing a MSPRA with a Passenger, each Driver must as a minimum:

• complete a Course familiarisation on the day of the MSPRA as stated in Appendix A;

and

• be able to demonstrate that they have participated in at least three events of an equivalent status and type as the MSPRA.

5.7  Licencing

Unless otherwise approved by Motorsport Australia, each Driver in a MSPRA must hold a Competition Licence which meets the following criteria:

• where a Driver is participating in that Automobile in another session of the Event in which the MSPRA is being conducted, a level of Competition Licence sufficient to permit that Driver to participate in that Automobile in that other session of the Event; and
• in any other case, a Competition Licence which permits the Driver to participate in the level and discipline of the MSPRA as stated by Motorsport Australia in the applicable permit for the MSPRA.

5.8  Automobile

Each Automobile in an MSPRA must:

• comply with all Motorsport Australia Rules, policies and procedures;
• be passed as suitable for carrying a Passenger in a MSPRA by the Chief Scrutineer (or other official appointed by the Event Organiser); and
• meet the following requirements;
  • where the Automobile is entered in another session of the Event in which the MSPRA is being conducted, in accordance with any Rules, policies and procedures which otherwise apply to the entry of the Automobile in that session of the Event; and
  • in any other case, as required for an Automobile in the level and discipline of the MSPRA.
• Be compliant with schedule I

5.9  Apparel

During a MSPRA each Driver must as a minimum wear the following level of Apparel:

• where a Driver is participating in that Automobile in another session of the Event in which the MSPRA is being conducted, Apparel sufficient to permit that Driver to participate in that Automobile in that other session of the Event; and
• in any other case, as required for a Driver in the level and discipline of the MSPRA as stated by Motorsport Australia in the applicable permit for the MSPRA; and
• a Passenger must as a minimum wear the level of Apparel stated in Appendix

5.10  Age Limits

Each Passenger shall be at least:

• Seven years of age for Parade Laps (no car seats)
• 14 years of age for Track Days

5.11  Passengers with a Disability or Impairment

A Passenger with a disability or other impairment which may reasonably compromise their ability to safely participate and self-extricate in an MSPRA will be permitted to participate in an MSPRA, providing prior approval has been granted by Motorsport Australia.

NOTE: Refer to Motorsport Australia Medical Standards for further information on conditions which may reasonably compromise a Passenger’s ability to participate in a MSPRA.

5.12   Medical Requirements

• Where a MSPRA is held in conjunction with other sessions of an Event, the minimum medical requirements during the MSPRA will be the same as those which apply to the
• In any other case, the minimum medical requirements during the MSPRA will be the same as those required for the relevant Motorsport Australia discipline at a Club Event

6.  Discipline Specific Requirements

• Timing and Results
  • (Timing of Automobiles during a MSPRA may be undertaken by the Organiser only for the purpose of ensuring that each Automobile is being driven in compliance with this
  • No official results or lap times for a MSPRA will be

7.  Exemptions to This Policy

• Motorsport Australia acknowledges that there are some unique activities (such as Charity Ride Days ) that may not be able to comply with the MSPRA in its entirety, due to the particular circumstances of such Events, and their prospective Participants.
• Event Organisers may seek an exemption from Motorsport Australia in relation to specific requirements of the Policy in order to be able to conduct such Event Organisers will need to submit a detailed TRA for each individual requirement of the MSPRA that they are unable to comply with, highlighting mitigation measures that will be put in place by the Organisers to address any potential risks that may be identified. The application for any exemption to vary the requirements of the MSPRA must be submitted to Motorsport Australia Permits (permits@motorsport.org.au) at least 8 weeks prior to any proposed activity.
• Exemptions will only be granted in exceptional circumstances, and where the Organiser can demonstrate a comprehensive management and mitigation of all

8.  Implications for Non-Adherence

• Any breach of this Policy may result in disciplinary action being taken by Motorsport
• One or more penalties may be imposed upon any Organiser, Driver or Competitor who has breached this Policy in accordance with the NCR.

9.  Related Rules, Policies or Procedures

• Motorsport Australia OH&S Policy
• Motorsport Australia Risk Management Policy

10.  General

• The Policy Manager is the Manager – Risk and Safety to whom any questions in relation to this Policy should be directed.
• This Policy will be reviewed every 2 years if not
• Policy Creation Date 1/1/2017
• Policy Review Date 1/1/2019
• Policy Review Date 1/1/2020
• Policy Review Date 1/1/2023

Passenger Ride 25/V2 Medical Declaration

I declare that I understand the risks involved, and that I have no medical or physical condition which excludes me from safely participating in this activity. I also declare that I have no medical or physical condition which could be exacerbated or contribute to increased risk for me or others involved in this activity.

Declaration

ANY PASSENGER MAKING A FALSE DECLARATION IS LIABLE TO REFUSAL AND CANCELLATION OF INSURANCE COVER

I accept the conditions of, and acknowledge the risks arising from, attending or participating in Motorsport Activities being provided by Motorsport Australia and the Entities. I agree to be bound by the rules, regulations and policies of Motorsport Australia at all times as a condition of participating in this activity. The information I have entered into this form is true and correct

and I will advise Motorsport Australia immediately if any of the information I have given is no longer true and correct. I have read, understood, acknowledge and agree to the above including the exclusion of statutory guarantees, warning, assumption of risk, release and indemnity.

Your Privacy

Motorsport Australia requires the above information to assess your suitability for a passenger ride activity. The information provided by you may be used and disclosed to others by Motorsport Australia for the purposes of Motorsport Australia’s business. Motorsport Australia may not be able to permit you to undertake the activity if you do not provide all of the information requested above. Full details of Motorsport Australia’s privacy policy (including how you can access and correct your personal information and make a complaint) are available at Motorsport Australia’s website (motorsport.org.au).

Motorsport Australia ABN: 55 069 045 665 | Mail: PO Box 172 Canterbury LPO, VIC 3126 |

Phone: +61 3 9593 7777 Hotline: 1300 883 959 | motorsport.org.au

Appendix A – Requirements for an MSPRA

Discipline	Ride/Sponsor/Media Day	Speed and Auto Test Practice
Minimum Course Familiarisation	Driven the Course at least once prior to the commencement of the MSPRA.	Completed at least two laps or runs of the Course. Note: This may include a sighting lap or timed practice.
Minimum Automobile Separation	As determined by the Clerk of the Course.	40% (rounded up to the next whole number) of the ‘group 3’ Course density stated on the Track Licence.
Minimum Apparel	As per the minimum requirements for the Driver.	As per the minimum requirements for the Driver.

 

Appendix B – Driver/Passenger Briefing

1. Driver Briefing

Each Driver must be briefed as a minimum in the following matters before participating in a MSPRA:

• Motorsport Australia Safety 1st Policy and its effect on the MSPRA;
• Passenger disclaimer completion and handover process;
• Marshalling procedure/requirements;
• Driver and Passenger Apparel;
• Course entry and exit locations and procedures;
• Location of marshals and fire point;
• Flag signals to be used;
• Number of laps or time on Course;
• Speed restrictions (pit lane, paddock, on Course-if applicable);
• Overtaking rules and restrictions (if applicable);
• Driving standards and expected behaviour;
• Behaviours that may result in action being taken against For example:
  • Racing
  • Aggressive manoeuvres (cutting off, blocking, )
  • Drivers not driving an Automobile clearly within their limits and at significantly less than usual Competition speed;
• Sanctions may be imposed for breaches of this Policy, including but not limited to the imposition of a warning, fine or disqualification from the Event;
• Procedure if Automobile is stopped on For example:

• (i) Exit Automobile and proceed to safe location (behind barriers);
• (ii) Do not work on or push Automobile;
  • Other items, regulations or conditions relevant to the MSPRA;

• Provide each Driver with a Course map with relevant markings for the MSPRA (exit points, fire points etc.);
• Panic code (i.e. hand signal, verbal comment such as 'stop the ride' or similar).

2.  Passenger Briefing

Each Passenger must be briefed as a minimum in the following matters before participating in a MSPRA:

• Motorsport Australia Safety 1st Policy and its effect on the MSPRA;
• Passenger disclaimer completion and handover process;
• What to expect while participating;
• Apparel for Passengers;
• Procedure if Automobile is stopped on For example;
  • Exit Automobile and proceed to safe location (behind barriers);
  • Do not work on or push Automobile;
• Panic code (i.e. hand signal, verbal comment such as 'stop the ride' or similar);
• The Passenger must not place any part of their body outside the Automobile or undertake any action such as filming the ride by handheld means while participating in a MSPRA;
• The Passenger must not engage in any action that may impede, distract or cause effect to the Driver.

Luddenham Raceway Terms and Conditions

VENUE REQUIREMENTS

• Enclosed footwear must be worn or you will not be able to participate.
• Long Hair and Loose Clothing must be secured or you will not be able to participate.
• No Drugs or Alcohol may be consumed before you participate.
• Rude or Aggressive Behaviour will not be tolerated and any such conduct will be reported to the authorities and you will be removed from the premises, banned and charged with trespassing.
• No refunds will be given if you are asked to leave due to your behaviour or disagree with a decision made by the venue or change your mind or for failing to report issues at the time of occurrence or equipment malfunction or weather or wait times or timing issues or for issues outside of the control of the Venue.
• Valid, Government Issued Identification (Only an Australian Drivers Licence / Australian Photo Identification Card / Passport will be accepted) must be presented at the front counter and may be held for security purposes. Failure to present ID when requested will result in access being denied to the Venue.
• All Damages and Breakages must be paid for in full before leaving the Venue. Failure to do so will result in authorities being called and action being taken to recover the outstanding amount, interest and damages.
• Minors cannot be left unattended at the Venue for any reason, and must be supervised by their Parent / Legal Guardian at all times. Failure to supervise a Minor will result in the Minor and Parent / Legal Guardian being removed from the Venue.
• No one under the age of 16 is permitted in the Motorsport Park at any time.
• Pre-Existing Health Conditions that affect your ability to participate must be disclosed at the Front Desk BEFORE checking in.
  
  • A refund will be denied on the basis that you did not disclose a pre-existing condition.
  • Pre-Existing conditions that must be disclosed include, but are not limited too: Contagious and or Infectious Diseases and or Viruses, Intellectual Disabilities, Neck Injuries and or weakness, Back Injuries and or weakness, Broken Bones, Missing Limbs, Heart Conditions, Respiratory Conditions, Nervous Disorders, Motion Sickness, Seizures and or Epilepsy, Vision Issues and or Conditions, Disorders and or Limitations, Pregnancy and or if a Participant is on the Autism Spectrum.
  • A Doctor’s Certificate may be required stating fitness for participation before participation is permitted.

MOTORSPORT PARK

GENERAL

• MOTORSPORT IS A DANGEROUS ACTIVITY THAT CAN CAUSE PROPERTY DAMAGE, SERIOUS INJURY AND OR DEATH.
• THIS DOCUMENT AFFECTS MY RIGHTS AND THE RIGHTS OF MINOR/S IN MY CARE.
• All individuals wishing to participate in Motorsport Activities at the Venue will be referred to as Participants (this includes but is not limited too drivers, riders, passengers, spectators, photographers, cinematographers and drone operators) and individuals must read, acknowledge, understand and accept the Terms and Conditions, Waiver and Policies of the Venue, before they will be permitted entry to the Venue and allowed to participate.
• Identification - All personal details must be correctly completed and current photo identification (Australian Drivers Licence, Australian Photo Identification Card or Passport only) must be presented and may be held for security purposes. Failure to present one of the above listed forms of Photo Identification will result in the Participant not being allowed to participate and the Participant will be asked to leave the venue and no refunds will be given.
• Minors - Participants must hold an Australian P’s Drivers licence or Equivalent to Participate. No one under the age of 16 will be allowed entry to the Motorsport Park Area. Minors require a Parent / Legal Guardian to sign them in and be responsible for them at the Venue at all times. Anyone found misleading the Venue about the age of a minor will be denied entry and will not be entitled to a refund.
• Damages - It is a Condition of Entry that all Participants treat Luddenham Raceway with respect and leave Luddenham Raceway in the same condition that they found it. It is a Condition of Entry that any and all mess, damages and breakages must be paid for in full before the Participant leaves the Venue. Failure to do so will result in the Authorities being called and legal action will be taken to recover outstanding damages. Luddenham Raceway will not be held liable or be responsible for any loss or damage that Participants may experience at Luddenham Raceway. Participants understand that they are partaking in Recreational Activities and Motorsport Activities at Luddenham Raceway at their own risk and any damage they may incur to their own property and equipment (which includes but is not limited to clothing, mobile devices, cameras, personal belongings, motor vehicles and motor bikes and trailers) will not be compensated for by Luddenham Raceway as Participants have willingly chosen to participate in high risk activities that could result in damage to their personal belongings, possessions and equipment.
• Dress Requirements - All Participants must wear a non-flammable top that covers them from their neck to wrist, non-flammable long pants, sensible, enclosed shoes and an Australian Standards approved helmet. Loose and Flowing Clothing that is capable of becoming tangled and may pose a choking hazard is prohibited and Participants will be required to remove such garments before participating in any activities. Participants understand that failure to abide by the dress requirements of Luddenham Raceway will result in exclusion from participation and no refunds will be given on the basis that the Participant was not properly attired.
• Banning Notices - If an individual has received a Banning Notice from Luddenham Raceway and or been issued with a Banning Notice then they are not eligible to partake in any Activities at Luddenham Raceway, and if they are found to have gained entry by misleading Luddenham Raceway about a Ban in effect then they will be removed from Luddenham Raceway and will not be entitled to any refunds.
• Conditions Of Entry - All Participants are bound by Luddenham Raceway’s Terms and Conditions of Entry, Hire and Participation. These Terms and Conditions may be issued verbally, in writing and or on signage located at Luddenham Raceway. Failure to abide by Luddenham Raceway’s Terms and Conditions will result in a Participant being removed from Luddenham Raceway and a Permanent, Lifetime Ban may be issued at the discretion of Luddenham Raceway. If a Participant is found to have breached Luddenham Raceway’s Terms and Conditions and removed from Luddenham Raceway, then the Participant will not be entitled to a refund.
• Drones, Filming, Photography - Filming, photography and Drone use for personal, commercial or promotional purposes is not permitted at the Venue without prior written permission from the Venue. Images or Film taken at the Venue cannot be published without the written authorisation of the Venue whether it is for public or private use. The Venue reserves the right to instruct persons on the property to not film or record and to delete images or film recorded at the Venue, and any such directive must be complied with or equipment that was used to take photos or record footage can be seized without further warning until the directive has been complied with. The Venue cannot be portrayed in a negative light and all images and footage cannot be inappropriate, obscene and or infringe the rights of any other person or minor or be taken for an unlawful or illegal purpose. If any damage or breakages is caused while filming, recording or using a drone at the Venue then the person who caused the damage/ breakages will be liable for same and must be paid for BEFORE leaving the Venue. All Drone operators must hold CASSAR certification or they will not be permitted to use a Drone at the Venue. Photographers, Videographers and Drone operators will be required to hold insurance for their activities and present proof of same if required. All persons who enter Luddenham Raceway consent to Luddenham Raceway taking videos and photographs for security and or promotional purposes.
• Weather - Luddenham Raceway is an all-weather venue, as such a refund will not be granted on the basis of wet weather and or hot and or extreme temperatures. Unless Luddenham Raceway decides that it is unsafe to proceed with a Motorsport Activity due to the conditions then all Motorsport Activities will take place as booked. No refunds will be granted in the event that Luddenham Raceway must reschedule an Activity. In the event that Luddenham Raceway must cancel an activity due to the weather (be it wet or hot conditions), then a credit valid for 6 months will be issued and the activity will be rescheduled for another day.
• Directions - Participants must listen to the directions and instructions of staff at Luddenham Raceway at all times. Failure to do so will result in warnings being given and a Participant can and will be removed for failing to abide by directions. No refunds will be given if Participants are removed from participation for failing to abide by the directions of Luddenham Raceway Staff.
• Injuries - Participants agree to cover all costs relating to injuries that occurred at Luddenham Raceway, and authorise Luddenham Raceway to take all reasonable steps necessary in the event of personal injury including the administration of emergency medical treatment and ambulance transportation.
• Responsibility To Follow Instructions At All Times - Participants understand, accept and acknowledge that it is their responsibility to follow the Venue’s instructions at all times on the basis that failure to do so may result in serious injury, destruction or property and or death. Participants undertake that they will listen to and follow to the best of their ability any and all instructions of the Venue. Participants accept that any failure to follow instructions or behave in a reckless, negligent or irresponsible manner will result in being removed from the Venue and being denied a refund.
• Right To Refuse - Luddenham Raceway reserves the right to refuse entry to Luddenham Raceway or eject participants from Luddenham Raceway if it is deemed that an individual and or Participant may pose a danger or threat to themselves, Staff and other patrons and visitors to Luddenham Raceway.
• Scrutineering - All participants must ensure that they pass scrutineering before they will be allowed to partake in any events. Failure to do so will result in participants being denied entry if their vehicle does not meet scrutineering standards. Please contact info@luddenhamraceway.com if you feel that your vehicle may not pass standards before coming out and booking any events. At a minimum you must comply with the following:
  
  • Vehicle must be roadworthy e.g. no cracked windshield / no bald tyres etc;
  • Vehicle must not have Oil, Fuel or Water Leaks;
  • Vehicle must have working indicators; and
  • Vehicles must be fitted with an exhaust.
• Participant Standards - All participants must show consideration for other vehicles at all times whilst they at Luddenham Raceway and on the Luddenham Motorsport Park Circuit. This includes but is not limited to;
• Showing caution and discretion for slower vehicles;
• Slower vehicles remaining on the left-hand side to allow overtaking when safe to do so;
• All Participants will ensure that they only overtake when it is safe to do so;
• Participants must observe track conditions and drive accordingly, this means slowing down based on lights, flags, signage and Luddenham Raceway Track and General staff directions, making allowances for track conditions (e.g. wet / dry / icy / accidents present / debris on track etc.) and in general ensuring that they participate in a safe manner that could not cause harm or pose unnecessary risk to others;
• All Participants must ensure that all limbs remain inside moving vehicles at all times, this means that drivers and participants are prohibited from hanging outside a vehicle to wave at others / take photos and or videos etc.

Drivers understand that failure to abide by these standards and any others imposed on the day will result in their being prohibited from participating and they may be removed from activities with no refunds given.

• Prohibited Activities - The following activities are prohibited:
  
  • Burn Outs / Drifting / Doughnuts / Skids and any other activities deemed dangerous by Luddenham Raceway are prohibited. Any Participants caught engaging in such activities will be will be removed immediately and receive a lifetime ban and will face on the spot fines of up to $10,000.00 for each infraction, as well as be liable for any and all damages;
  • The track must only be entered as directed, Participants who enter the Track the wrong way will be removed immediately and receive a lifetime ban and will face on the spot fines of up to $10,000.00 for each infraction, as well as be liable for any and all damages;
  • Aggressive, Threatening, Dangerous and Intimidating Behaviour is not permitted. Any Participants caught engaging in such activities will be will be removed immediately and receive a lifetime ban and will face on the spot fines of up to $10,000.00 for each infraction, as well as be liable for any and all damages. SMOKING IS NOT PERMITTED FINES WILL APPLY FOR BREACHES.

• Refuelling Prohibited - Participants acknowledge and understand that Refuelling is strictly prohibited in all areas at Luddenham Raceway, except in the designated refuelling area. Participants acknowledge and agree that a penalty of up to ten thousand dollars ($10,000) will apply to anyone caught breaching this condition, on each occasion that a breach occurs. Participants responsible for refuelling in a prohibited area will also be held responsible and liable for any and all damage that occurs from refuelling in a prohibited area and must pay for any damage before they leave Luddenham Raceway.
• Dba Level Enforced - Participants acknowledge, understand and agree that Luddenham Raceway will enforce a Noise Level of 95 dba. There will be no exceptions to this rule. A penalty of up to ten thousand dollars ($10,000) will apply for any breaches to this condition and will apply on each occasion that a breach occurs. Penalties must be paid in full before participants leave Luddenham Raceway.

PARTICULARS

1. Hutland Pty Ltd (ABN 96 157 974 199) t/a Luddenham Raceway Motorsport Park, is the Operator and the Service Provider of Luddenham Raceway Motorsport Park, herein referred to as “Luddenham Raceway”.

   The Service and Recreation Activities provided by Luddenham Raceway are known as ‘Motorsport Activities’ which include but are not limited to: track days, ride days, driver training, rider training, media launches, media filming, product launches, product testing, track events, drifting days, time attack event, roll racing events, timed race events, displays and demonstrations of skill in a vehicle, private hire, spectating, photographing and video recording and more.

   The Premises, Venues and Facilities located at 821 – 849 Luddenham Road, Luddenham, NSW 2745, herein referred to as “Luddenham Raceway”.

   Participants are any persons who are at the Venue and may be engaged in Motorsport Activties.

2. Participation and using the Venue and Facilities and Equipment at Luddenham Raceway may be dangerous and involves risks and may result in serious and permanent injury and or death. I acknowledge, am aware and accept that participation in Motorsport Activities involves risks, and particular risks that include but are not limited to:
   - Twists, sprains, broken bones and physical injury that may be severe and or permanent;
   - Burns;
   - Cuts, scrapes, abrasions and gravel rash;
   - Blisters;
   - Spinal Injury;
   - Paralysis; and
   - Death.
3. Before I participate in Motorsport Activities at Luddenham Raceway I am aware of, and properly understand all of the risks involved with Motorsport Activities and those risks include any particular risks associated with any health conditions from which I may suffer.
4. By signing this document, I acknowledge, agree to and fully understand that my participation in Motorsport Activities at Luddenham Raceway may involve:
   - risks generally; and
   - the particular risks described above.
5. By signing this document, I acknowledge, agree to and understand that Motorsport Activities take place at high speeds that may exceed 250 km/ h, and that these speeds are controlled by the driver.
6. I further acknowledge, agree to and understand that driving a vehicle used for Motorsport Activities such as a Motor Vehicle and or Motorcycle amongst other vehicles capable of reaching high speeds, requires physical fitness, skill and mental alertness.
7. I warrant that I am medically and physically fit and am able to undertake and participate in Motorsport Activities and am not a danger to myself or to others. I warrant that I have not any time suffered any blackouts, seizures, convulsions, fainting or dizzy spells. I acknowledge and agree that I will disclose any pre-existing medical or other condition that may affect the risk that either I or any other person will suffer injury, loss or damage. I acknowledge that Luddenham Raceway relies on information provided by me and that any and all such information that I provide will be accurate, honest and complete.
8. I agree to report any accidents, loss or damage that I may suffer during any and all activities at Luddenham Raceway to the Staff at Luddenham Raceway before I leave, and I agree that I will honestly and accurately complete the correct forms as requested when reporting injuries.
9. I warrant that I have not at any time been excluded from physical or recreational activities for health reasons by a medical practitioner or any person or entity including but not limited to Luddenham Raceway and I acknowledge and agree that Luddenham Raceway may demand a medical certificate or opinion as to my fitness from a qualified medical practitioner prior to undertaking any activities at Luddenham Raceway.
10. In the interest of safety Luddenham Raceway has a ZERO TOLERANCE POLICY for alcohol and drugs and I acknowledge, agree and understand that drivers, visitors and participants to Luddenham Raceway must not be under the influence of drugs and alcohol.
11. I further acknowledge, agree and understand that Luddenham Raceway has a ZERO TOLERANCE POLICY for dangerous and reckless driving of any kind. There is to be no deliberate dangerous driving and or ignoring instructions while participating in Motorsport Activities. I am aware that failure to abide by the safety policy and rules, terms and conditions of Luddenham Raceway will result in Luddenham Raceway terminating the provision of services and no compensation or refund will be issued.

I acknowledge, agree and understand that I will be held liable for any damage to Luddenham Raceway (be it the venue, property or equipment) including but not limited to damage to the surface of the track, barriers, buildings and areas surrounding the track, equipment, and any other property at Luddenham Raceway.

I may also be held liable for damage or injuries caused to other patrons and their property.

I acknowledge, agree and understand that I will also be held liable for any damage or injuries caused to Luddenham Raceway Staff.

12. I acknowledge, agree and understand that Luddenham Raceway requires me to view and participate in a safety briefing demonstration and I am required to follow, engage with and understand all of the safety messages and instructions contained in the briefing prior to engaging in Motorsport Activities at Luddenham Raceway.

13. By signing this document, I acknowledge, agree and understand that I agree to abide by the Terms and Conditions and all of the policies including but not limited to safety policies of Luddenham Raceway.
    By signing this document, I further agree to I acknowledge, agree and understand that the risk warning above constitutes a “risk warning” for the relevant legislation, including for the purpose of Section 5M of the Civil Liability Act 2002 (NSW).

14. By signing this document, I acknowledge, agree and understand that Luddenham Raceway will not be held liable or be responsible for any loss or damage that I may experience at Luddenham Raceway.

I understand that I am partaking in Recreational Activities and Motorsport Activities at Luddenham Raceway at my own risk and any damage they I may suffer from and or experience in relation to my own property and equipment (which includes but is not limited to clothing, mobile devices, cameras, personal belongings, motor vehicles and motor bikes and trailers) whilst at Luddenham Raceway will not be compensated for by Luddenham Raceway as I have willingly chosen to participate in high risk activities that could result in damage to my personal belongings, possessions and equipment.

15. By signing this document I further acknowledge, understand, agree with and accept the following statements that may affect my wellbeing, rights and participation and or the wellbeing, rights and participation of a minor in my care:

• that the Venue has done all that is reasonably necessary to ensure the health and safety of participants and spectators. However, I understand that I also bear the responsibility of ensuring my own health and safety and other participants by adhering to all safety measures implemented by the Venue and any legislative requirements;
• that given the contagious nature of a pandemic and or disease and or virus, I voluntarily assume the risks of contraction by electing to attend the event where such exposure to contraction may be possible despite the Service Provider doing all that is reasonably necessary to ensure the health and safety of participants; and
• that by signing this waiver, I voluntarily assume all foregoing risks and accept sole responsibility for any illness, injury or death in connection with attending this event and release the Service Providers from any claims of omissions, actions or negligence by the Service Provider from being infected with the COVID-19 virus prior, on the day of the event and after the event.
• whilst being at the Venue and participating in activities there is a possibility that I or a minor in my care, may be exposed to potentially infectious, harmful and or deadly disease/s and or virus/s, despite all precautions being taken to limit such a possibility.
• I agree to notify the Venue in the event that I or a minor in my care are infected by an infectious, harmful and or deadly disease and or virus, and agree that they will not attend the Venue in the event of exposure or infection or showing symptoms of infection of a disease and or virus.
• in the event that the Venue cannot operate due to a Pandemic and or Disease and or Virus an event may be cancelled and rescheduled. In the event of Cancellation due to a Pandemic and or Disease and or Virus a 6-month credit will be applied by the Venue.
• I will not be entitled to a credit or a refund if I attend the Venue and am asked to leave due to showing symptoms of being unwell including but not limited to flu symptoms such as coughing, sneezing, sniffing.
• I will not be entitled to a credit or a refund if I refuse to obtain and present a medical certificate clearing myself or a minor in my care for participation if requested by the Venue.
• I understand, acknowledge and accept that the number of people in the Venue may be limited, and agree to abide by any and all directives to enter and leave the Venue as directed by Venue Staff.
• I understand, acknowledge and accept that they will not be entitled to a credit or a refund if while at the Venue I refuse to abide by Venue Requirements and Government Requirements introduced to limit the spread and transmission of Pandemics and or Diseases and or Viruses.
• I understand, acknowledge and accept that in the event of a Pandemic normal delivery of services may be affected without warning and no credit or refund will be provided in the event that adjustments to service are required due to a Pandemic.

I AGREE to use the equipment, services and facilities provided to me by Luddenham Raceway on the following Terms and Conditions:

As far as permitted by the Laws of New South Wales:

1. I assume all risks arising out of my use of equipment, services and facilities provided to me by Luddenham Raceway and hold harmless, and indemnify and will keep indemnified Luddenham Raceway against any claim arising whatsoever from my participation in Motorsport Activities or otherwise using Luddenham Raceway equipment, services and facilities.
2. I will read, understand and comply with all the rules and safety instructions provided to me by Luddenham Raceway before I participate in Motorsport Activities and or use any Luddenham Raceway equipment, services and facilities. I am aware that if I do not fully understand any of the rules and safety instructions provided to me then I must ask for an explanation from Luddenham Raceway staff for an explanation to my satisfaction, and I understand that unless I ask for further explanation then I will be assumed to have read, understood and be willing to be in compliance with all the rules and safety instructions provided to me by Luddenham Raceway.
3. I will comply with all directions given to me by and agent, representative, staff member and or employee of Luddenham Raceway and ask for an explanation to my satisfaction should I not fully understand the directions.
4. I will use Luddenham Raceway’s equipment, services and facilities entirely at my own risk and with a prior knowledge of the dangers and risks.
5. I consent to pay for and receive any medical treatment which Luddenham Raceway considers advisable in the event that I am injured or suffer illness at Luddenham Raceway.
6. I consent to Luddenham Raceway using any digital images or recordings of me at Luddenham Raceway for any promotional and legal purposes.

WAIVER AND RELEASE

1. Section 139A of the Competition and Consumer Act (Clth) permits Luddenham Raceway to ask me to agree that the statutory guarantees under the Australian Consumer Law (Clth) do not apply to me (or to a minor in my care and on whose behalf, I am acquiring the services provided by Luddenham Raceway).

2. By signing this document, I agree, acknowledge and understand that, to the fullest extent permitted by the law (including by s 5N of the Civil Liability Act 2002 (NSW) AND s 139A of the Competition and Consumer Act 2010 (Clth).

(a) My Rights (or the rights of a Minor in my care and on whose behalf, I am acquiring the services provided by Luddenham Raceway) to sue Luddenham Raceway, its servants and agents, in relation to the recreational activities provided to me at Luddenham Raceway if the express or implied warranty or guarantee that the service will be provided with reasonable care and skill, are excluded, restricted or modified, as set out below; and;

(b) I (or for the Minor in my care and on whose behalf, I am acquiring the services provided by Luddenham Raceway) release Luddenham Raceway, its servants and agents from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill; and

(c) I (or for the Minor in my care and on whose behalf, I am acquiring the services provided by Luddenham Raceway) agree to Hold Luddenham Raceway and its agents and servants Harmless for any and all action that I may take, even if that action is because of negligence on behalf of Luddenham Raceway and or its servants or agents.

3. By signing this document, I acknowledge, agree and understand that, to the fullest extent permitted by law, the liability of Luddenham Raceway in relation to Recreation Activities and Motorsport Activities provided to me at Luddenham Raceway for any:

(a) Deaths;

(b) Physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

(c) The contraction, aggravation and or acceleration of a disease;

(d) The coming into existence, the acceleration, aggravation or recurrence of any other condition, circumstances, occurrence, activity, form of behaviour, course of conduct and or state of affairs;

(i) That is, or may be harmful or disadvantageous to myself or to a minor in my care and on whose behalf, I am acquiring the services provided by Luddenham Raceway) or to the community;

(ii) That may result in harm or disadvantage to myself or to a minor in my care and on whose behalf, I am acquiring the services provided by Luddenham Raceway) or to the community;

That may be suffered by myself (or to a minor in my care and on whose behalf, I am acquiring the services provided by Luddenham Raceway) resulting from the supply of recreational services and or activities and motorsport activities by Luddenham Raceway may be excluded.

4. By signing this document to the fullest extent permitted by the law I (on behalf of a minor in my care and on whose behalf I am acquiring the services provided by Luddenham Raceway) agree to waive and or release Luddenham Raceway, its servants and agents from any claim, right or cause of action which I or my heirs, successors, executors, administrators agents and assigns might otherwise have against Luddenham Raceway, its servants and agents, for or arising out of my death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever which I may suffer or sustain in the course of or consequential upon or incidental to the participation in the recreation activities and services and Motorsport Activities at Luddenham Raceway whether caused by the negligence of Luddenham Raceway, its servants and agent, or otherwise.

5. By signing this document, I acknowledge, agree and understand that;

(a) Luddenham Raceway will permit me to participate in the recreational activities and services and Motorsport Activities, and provide me with the associated services in part in consideration of me signing this document;

(b) Luddenham Raceway may rely on this document in any proceedings in any Court by me or by my heirs, executors and assigns;

(c) The law of New South Wales governs this document.

6. I do not have to agree to exclude, restrict or modify or waive my rights against, or release Luddenham Raceway, its servants and agents, from any claims by signing this document, however I understand that Luddenham Raceway may refuse to allow me to participate in the recreational activities and Motorsport Activities and associated services if I do not agree to exclude, restrict, modify or waive my rights against, or release Luddenham Raceway, its servants and agents by signing this document.

7. Luddenham Raceway must be informed if I (or a minor in my care and on whose behalf I am acquiring the services provided by Luddenham Raceway) suffers from a physical or mental injury, disability, ailment, disease or conditions and or is on medication that may affect their ability to participate, and I acknowledge and agree that I have made any and all disclosures before signing this document. I have also agreed to present a Doctors Certificate to prove fitness to participate if requested by Luddenham Raceway.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (Australian Consumer Law).

Under the Australian Consumer Law, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named in these Terms is required to ensure that the recreational services it supplies to you are rendered with due care and skill; and are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form or use the facilities, you will be agreeing that your rights to sue Luddenham Raceway under the Australian Consumer Law if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 (Clth) and section 22(3) (b) of the Australian Consumer Law and Fair Trading Act 2012 (Clth).

PLEASE READ CAREFULLY

By signing, you acknowledge and accept the following on behalf of yourself or minor in your care:

1. I have read and understood this Document in its entirety. I am fully aware of all the risks involved including the possibility of death and severe injury to myself or a minor in my care. I nevertheless accept and assume full responsibility for all such risks.
2. I hereby confirm that I have agreed to be responsible for any and all fines, mess, loss of equipment, damages, bodily injury, property loss, property damage and or breakages that occur whilst I am (or a minor in my care) at Luddenham Raceway, and acknowledge that any amounts owed will be paid before leaving the venue, I understand that failure to make full payment will result in legal action being taken against me, and I have agreed that I will wear any costs that Luddenham Raceway incurs taking such action to recover outstanding amounts, including payment of interest and legal and court costs.
3. I hereby state that I am making a free and fully informed decision and give my consent to participate in the potentially dangerous and potentially life-threatening Motorsport Activities at Luddenham Raceway.
4. I hereby indemnify, hold harmless, and shall keep indemnified Luddenham Raceway, its officers, employees, agents and contractors against death, bodily injury, loss or property damage suffered by myself for Luddenham Raceway might otherwise be responsible.
5. I hereby confirm that I do not suffer from and or are affect by any medical condition/s (such as those listed in the waiver and terms and conditions) that would affect my participation.
6. I hereby confirm that I have read and understood this document and all related documents, and all statements I have made are true.
7. I hereby confirm that this agreement shall be interpreted under the laws of Australia and the State of New South Wales. If any court finds such a portion of this Agreement to be invalid, the remainder of the Agreement will not be affected.

Please make sure you click on any links, read and accept all Terms and Conditions and Disclaimers (below) before attending a Trackschool event at Wodonga Victoria, Barnawartha North.

• Motorsport Australia - Risk Warning, Disclaimer and Indemnity
• Trackschool - Terms and Conditions
• AASA - Terms and Conditions
  • I/We have read and understood the Supplementary Regulations issued for this Meeting and agree to be bound by them and by the National Competition Rules of the Australian Auto-Sport Alliance Pty. Ltd. (AASA).

    I/We also acknowledge and agree that neither Australian Auto-Sport Alliance Pty. Ltd., nor the owners of the track, nor the sponsor organisations, nor the land owners or lessees, nor the organisers of the race meeting/event, nor their respective servants, officials, representatives or agents (all of whom shall collectively be called "the Organisers"), shall be under any liability for my death, or any bodily injury, loss or damage which may be sustained or incurred by me, as a result of participation in or being present at the event, except in regard to any rights I may have arising under the Trade Practices Act 1974.

    I/We acknowledge that motor sport is dangerous and accidents causing death, bodily injury, disability and property damage can, and do, happen.

    I/We accept the conditions of, and acknowledge the risks arising from, attending or participating in the event and being provided with the event services by AASA and the Associated Entities.

    RELEASE AND WAIVER OF LIABILITY / ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

    WARNING! Motor Racing is Dangerous, and accidents can and do happen. All care is taken to protect you, but you are warned that there is a possibility of an accident-causing personal injury or death.

    Subject to that warranty, if applicable and IN CONSIDERATION of being permitted to compete, officiate, observe, work for, or participate in any way in the EVENT(S) or being permitted to enter for any purpose any RESTRICTED AREA (defined as any area requiring special authorization, credentials, or permission to enter any area to which admission by the general public is restricted or prohibited), EACH OF THE UNDERSIGNED, for himself/herself, his/her personal representatives, heirs and next of kin.

    1. Acknowledges, agrees and represents that he/she enters and he/she further agrees and warrants that, if at any time, he/she is in or about RESTRICTED AREAS and he/she feels anything to be unsafe, he/she will immediately advise the officials of such and will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENT(S).

    2. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Australian Auto-Sport Alliance Pty. Ltd., the Organisers, the landowners, promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, officials, car owners, drivers, pit crews, rescue personnel, any persons in any RESTRICTED AREA, promoters, sponsors, advertisers, owners and lessees of premises used to conduct the EVENT(S), premises and Event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENT(S) and each of them, their directors, officers, agents and employees, all for the purposes as herein referred to as “Releases”, FROM ALL LIABILITY, TO THE UNDERSIGNED, his/her personal ON ACCOUNT OF INJURY TO THE PERSON OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

    3. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF PERSONAL INJURY or DEATH arising out of or related to the EVENT(S) whether caused by the NEGLIGENCE OF

    RELEASEES or otherwise.

    4. HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of personal injury and/or death Each of the UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.

    5. Hereby assumes full responsibility for the preparation and safety of the vehicle to be used and further give an assurance that the vehicle has been checked for safety and is in a condition fit to be used for motor racing.

    6. Hereby agrees that this Release and Waiver of Liability, Assumption of risk and Indemnity Agreement extends to all acts of negligence by the Releases, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the Fair Trading Act 2012 (Vic) and the Australian Consumer Law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

    COMMUNICABLE DISEASE EXCLUSION

    1. Notwithstanding any provision to the contrary within this policy, this policy does not cover all actual or alleged loss, liability, damage, compensation, injury, sickness, disease, death, medical payment, defence cost, cost, expense or any other amount, directly or indirectly and regardless of any other cause contributing concurrently or in any sequence, originating from, caused by, arising out of, contributed to by, resulting from, or otherwise in connection with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease.

    2. For the purposes of this endorsement, loss, liability, damage, compensation, injury, sickness, disease, death, medical payment, defence cost, cost, expense or any other amount, includes, but is not limited to, any cost to clean-up, detoxify, remove, monitor or test for a Communicable Disease.

    3. As used herein, a Communicable Disease means any disease which can be transmitted by means of any substance or agent from any organism to another organism where:

    3.1. the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not, and

    3.2. the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms, and

    3.3. the disease, substance or agent can cause or threaten bodily injury, illness, emotional distress, damage to human health, human welfare or property damage.

ONE RACEWAY – TERMS AND CONDITIONS

CONDUCT

The Hirer/attendees warrants and undertakes to One Raceway:

• to comply with all directions or guidelines issued by One Raceway
• to take due and proper care of the One Raceway facility and keep it in good working order, condition and repair (fair wear and tear or act of God excepted) during the event Period;
• to pay for:
  • any repairs required to remedy any damage caused by the Hirer (or any of its attendees) to the One Raceway facility as a result of, or in connection with, the Event Purpose (defects of a structural nature, damage by fair wear and tear or act of God excepted). Such works shall be completed by persons authorised by One Raceway and to the satisfaction of One Raceway; and
  • the replacement of any consumables and/or equipment used, lost or damaged as a result of, or in connection with, the Event Purpose.

LIMITATION OF LIABILITY AND INDEMNITY

The Hirer/attendees acknowledge and agree that One Raceway is not liable to the Hirer/attendees for any loss suffered arising out of:

• any belongings left at the One Raceway facility overnight by the Hirer or any event attendees. Any such items are left at the sole risk of the Hirer and/or their event attendees;
• a failure by the Hirer/attendees to follow any direction given by One Raceway;
• to comply or observe any warning sign, to observe safe behaviour at the One Raceway Facility; or
• to appropriately use the equipment or facilities made available by One Raceway during the event Period.

The Hirer/attendees agree to indemnify One Raceway from and against all claims, demands, actions, costs and expenses arising out of, in connection with or caused by the Hirer’s/attendees use of the facility.

USE OF FACILITY

The Hirer/attendees agree to:

• ensure that all persons have vacated the facility by 6pm on each day of the event Period. Camping is not permitted on site;
• ensure that One Raceway is kept clean and tidy, and all litter is placed in the bins provided;
• ensure that disused or leftover tyres are removed from the facility. The Hirer/attendees will be charged $50 per tyre inadvertently left at the One Raceway facility at the conclusion of the event Period;
• ensure that any and all refuelling is done away from storm water drainage and on bitumen or concrete surfaces;
• enforce the strict requirement that noise emitted from any vehicle does not exceed 95dB measured at a designated point 30 metres from the race track. One Raceway’s Sound Control Officer is the judge of fact for noise monitoring on site. Any vehicles that exceed the stated noise limit will be given one warning. Before re-entering the track, the participant must make a mechanical rectification and pass a static noise test. If the vehicle exceeds the stated noise level again, the vehicle will be excluded from any further activity during the event Period;
• enforce the requirement that all vehicles are to be fitted with an effective exhaust muffler and do not vent any exhaust flow directly to the atmosphere;
• ensure activities are conducted in an orderly, proper and safe manner during the event Period;
• passengers must sign a waiver (as provided by the relevant sanctioning body); and
• ensure that all persons remain behind the protective barriers provided while any activity is taking place on the track.