Hyundai N Club Track Day Terms and Conditions

TERMS AND CONDITIONS FOR THE PROVISION OF AN AUSTRALIAN AUTO-SPORT ALLIANCE EVENT PERMIT

An AASA Event Permit is provided for an AASA sanctioned event for which AASA has agreed in writing to sanction, in an applicable, fully executed Event Permit that is in effect at the time of the event and that has not been cancelled or rescinded by AASA or by the permit holder. This sanctioning provides the Organiser(s), Officials and Participants of the AASA sanctioned event with public liability and personal injury cover as outlined in the insurance summary found at www.aasa.com.au All events sanctioned by AASA will be run under the provisions of the AASA National Competition Rules, unless specifically varied with AASA approval, and any Supplementary Regulations issued for the event. To be eligible for an AASA sanction for an event or series of events, a promoter must submit a fully executed Application for an Event Permit on the appropriate online form provided by AASA. An AASA sanction is issued only by AASA Head Office after approval by AASA.

1.INTERPRETATION “Seller” or “AASA” means Australian Auto-Sport Alliance Pty Ltd, their successors and assigns. “Buyer” means the person or club/company/promoter placing an application with AASA for the provision of event sanctioning in the form of a permit. “Conditions” or  “these conditions” means these Conditions for Provision of an Event Permit and any other Conditions of Sale by which the Seller has supplied  goodsto the buyer. “Goods” means all goods, merchandise and services including permits supplied by Seller to Buyer or as Buyer may direct. “Permit” means the document provided by AASA to the Buyer agreeing to sanction an event. “Event” means a competitive or practice motorsport event

2.ALTERATION OF CONDITIONS These Conditions shall apply to all applications for event permits placed by Buyer with AASA to the exclusion of all other terms or conditions unless otherwise expressly agreed in writing. If the terms of the Buyer’s order are inconsistent with these Conditions the delivery of the goods to Buyer or as Buyer directs shall constitute an offer by Seller to sell the goods to Buyer pursuant to these conditions which offer Buyer shall be deemed to accept by taking delivery of the goods.

3.SELLER MAY DECLINE APPLICATION Seller reserves the right to accept in whole or in part any application, or decline an application.

4.GST All prices quoted are in AUD and inclusive of the applicable GST rate, which will be detailed on the tax invoice.

5.QUOTATIONS All proposals/quotations are effective for 30 days from stated date.

6.PAYMENT/SETTLEMENT TERMS Payment for the permit shall be made by Buyer to Seller at least 7 days prior to the date of the event. Invoiced amounts which have not been paid aforesaid may attract an interest charge at the rate for the time being charged by the Seller’s Bank to its customers on overdrafts in excess of $100 000 from the date when such payment fell due until paid and notwithstanding any agreement for extension of time for payment. Where payments are overdue Seller may at its option either cancel uncompleted contracts or orders forthwith or suspend delivery of goods yet to be delivered and Buyer shall not be entitled to raise any claim for damages, loss or other form of liability arising from such cancellation or suspension.

7. URGENT APPLICATION: Where a permit application is submitted within 7 days of the proposed event, AASA may at its discretion apply an urgent application fee being 30% of the standard permit fee.

8. CANCELLATION POLICY: Where a permit application is cancelled or postponed by the promoter or organiser of within 28 days but more than 7 days prior to the planned event, a cancellation fee of $50.00 inc. GST will apply. Where a permit application is cancelled or postponed by the promoter or organiser within 7 days prior to the planned event, a cancellation fee of $150.00 inc. GST will be charged to the Buyer by AASA. Where a permit is cancelled post event for reasons other than force majeure, a cancellation fee of $200.00 inc. GST shall apply.

9. EXCESS LIABILITY: Any incidents that result in a claim being made under the AASA Event Permit scheme can attract an excess amount of up to $5,000.00. The event organisers and/or promoters may be liable for part or all of the excess amount. Excesses can be waived by payment of an excess removal fee, if required by the organisers and/or promoters. Please refer to the current price list for further detail.

10. RESPONSIBILITY FOR SAFETY Although safety generally is everyone’s concern, by virtue of its limited role in the conduct of an event, AASA cannot be and will not be responsible for any aspects of the safety effort. That responsibility instead rests with the Event Organisers and various participants and officials of the Event(s).

11. OFFICIALS: All officials attending an AASA sanctioned event must ensure that they attend the officials’ briefing and sign on at the commencement of the event in order to receive the benefits provided under the permit in the event of an incident. It is the responsibility of the Event Organiser to ensure that all officials hold the appropriate officials  licence and/or an appropriate level of experience.

12. MEDICAL PERSONNEL: It is the responsibility of the event organisers  to ensure that all medical personnel hold suitable qualifications for their role at an event.

13. LICENCING REQUIREMENTS: The event organisers and their nominated officials are responsible for ensuring that all participants and officials hold a current, valid licence of a level appropriate to the natur  of the event. Failure to comply with this requirement could result in voidance of the permit in the event of an incident. In such circumstances, the Buyer is not entitled to a refund of the permit fee.

14. INCIDENT REPORTING: All incidents in which an event attendee is removed from the venue by civil ambulance must be reported to AASA immediately on 03 5721 7800. The incident report kit provided by AASA must be completed for all incidents and returned along with other post event documents.

15. POST EVENT DOCUMENTATION: It is the responsibility of the event  organiser(s), and a requirement of the issuance of a permit, to return all requested documentation to AASA Head Office within seven days of the conclusion of an event. Failure to provide this documentation may result in an administrative fee being incurred by the promoter or organiser, or a hold on future permits being issued, until the required documentation is returned in full.

16. ACCEPTANCE OF ORDERS: The Seller submits its proposal/quotation and the buyer applies for an Event Permit subject to the following rights reserved by AASA:- a) Price Variations. The Seller shall be entitled to vary the prices quoted in the event of: i) Fluctuations in the value of the Australian Dollar or changes in the rates of taxes and duties affecting the costs of supplying the goods between the date this quotation was submitted to the buyer and the date of issue of the permit. ii) Request by the buyer for a variation to the permit. b) Corrections of errors or omissions on invoices and credit notes, if applicable; and c) Recision of this agreement in the event of the non-validity of the application for an event permit.

17. LIMITATION OF LIABILITIES: The Seller shall not be liable for any loss or damages whatsoever including loss of profits and consequential loss or any third-party claims from the buyer arising from any delay or failure  to supply the goods described on the face hereof.

TERMS AND CONDITIONS FOR THE PROVISION OF AN AUSTRALIAN AUTO-SPORT ALLIANCE EVENT PERMIT

An AASA Event Permit is provided for an AASA sanctioned event for which AASA has agreed in writing to sanction, in an applicable, fully executed Event Permit that is in effect at the time of the event and that has not been cancelled or rescinded by AASA or by the permit holder. This sanctioning provides the Organiser(s), Officials and Participants of the AASA sanctioned event with public liability and personal injury cover as outlined in the insurance summary found at www.aasa.com.au All events sanctioned by AASA will be run under the provisions of the AASA National Competition Rules, unless specifically varied with AASA approval, and any Supplementary Regulations issued for the event. To be eligible for an AASA sanction for an event or series of events, a promoter must submit a fully executed Application for an Event Permit on the appropriate online form provided by AASA. An AASA sanction is issued only by AASA Head Office after approval by AASA.

1.INTERPRETATION “Seller” or “AASA” means Australian Auto-Sport Alliance Pty Ltd, their successors and assigns. “Buyer” means the person or club/company/promoter placing an application with AASA for the provision of event sanctioning in the form of a permit. “Conditions” or  “these conditions” means these Conditions for Provision of an Event Permit and any other Conditions of Sale by which the Seller has supplied  goodsto the buyer. “Goods” means all goods, merchandise and services including permits supplied by Seller to Buyer or as Buyer may direct. “Permit” means the document provided by AASA to the Buyer agreeing to sanction an event. “Event” means a competitive or practice motorsport event

2.ALTERATION OF CONDITIONS These Conditions shall apply to all applications for event permits placed by Buyer with AASA to the exclusion of all other terms or conditions unless otherwise expressly agreed in writing. If the terms of the Buyer’s order are inconsistent with these Conditions the delivery of the goods to Buyer or as Buyer directs shall constitute an offer by Seller to sell the goods to Buyer pursuant to these conditions which offer Buyer shall be deemed to accept by taking delivery of the goods.

3.SELLER MAY DECLINE APPLICATION Seller reserves the right to accept in whole or in part any application, or decline an application.

4.GST All prices quoted are in AUD and inclusive of the applicable GST rate, which will be detailed on the tax invoice.

5.QUOTATIONS All proposals/quotations are effective for 30 days from stated date.

6.PAYMENT/SETTLEMENT TERMS Payment for the permit shall be made by Buyer to Seller at least 7 days prior to the date of the event. Invoiced amounts which have not been paid aforesaid may attract an interest charge at the rate for the time being charged by the Seller’s Bank to its customers on overdrafts in excess of $100 000 from the date when such payment fell due until paid and notwithstanding any agreement for extension of time for payment. Where payments are overdue Seller may at its option either cancel uncompleted contracts or orders forthwith or suspend delivery of goods yet to be delivered and Buyer shall not be entitled to raise any claim for damages, loss or other form of liability arising from such cancellation or suspension.

7. URGENT APPLICATION: Where a permit application is submitted within 7 days of the proposed event, AASA may at its discretion apply an urgent application fee being 30% of the standard permit fee.

8. CANCELLATION POLICY: Where a permit application is cancelled or postponed by the promoter or organiser of within 28 days but more than 7 days prior to the planned event, a cancellation fee of $50.00 inc. GST will apply. Where a permit application is cancelled or postponed by the promoter or organiser within 7 days prior to the planned event, a cancellation fee of $150.00 inc. GST will be charged to the Buyer by AASA. Where a permit is cancelled post event for reasons other than force majeure, a cancellation fee of $200.00 inc. GST shall apply.

9. EXCESS LIABILITY: Any incidents that result in a claim being made under the AASA Event Permit scheme can attract an excess amount of up to $5,000.00. The event organisers and/or promoters may be liable for part or all of the excess amount. Excesses can be waived by payment of an excess removal fee, if required by the organisers and/or promoters. Please refer to the current price list for further detail.

10. RESPONSIBILITY FOR SAFETY Although safety generally is everyone’s concern, by virtue of its limited role in the conduct of an event, AASA cannot be and will not be responsible for any aspects of the safety effort. That responsibility instead rests with the Event Organisers and various participants and officials of the Event(s).

11. OFFICIALS: All officials attending an AASA sanctioned event must ensure that they attend the officials’ briefing and sign on at the commencement of the event in order to receive the benefits provided under the permit in the event of an incident. It is the responsibility of the Event Organiser to ensure that all officials hold the appropriate officials  licence and/or an appropriate level of experience.

12. MEDICAL PERSONNEL: It is the responsibility of the event organisers  to ensure that all medical personnel hold suitable qualifications for their role at an event.

13. LICENCING REQUIREMENTS: The event organisers and their nominated officials are responsible for ensuring that all participants and officials hold a current, valid licence of a level appropriate to the natur  of the event. Failure to comply with this requirement could result in voidance of the permit in the event of an incident. In such circumstances, the Buyer is not entitled to a refund of the permit fee.

14. INCIDENT REPORTING: All incidents in which an event attendee is removed from the venue by civil ambulance must be reported to AASA immediately on 03 5721 7800. The incident report kit provided by AASA must be completed for all incidents and returned along with other post event documents.

15. POST EVENT DOCUMENTATION: It is the responsibility of the event  organiser(s), and a requirement of the issuance of a permit, to return all requested documentation to AASA Head Office within seven days of the conclusion of an event. Failure to provide this documentation may result in an administrative fee being incurred by the promoter or organiser, or a hold on future permits being issued, until the required documentation is returned in full.

16. ACCEPTANCE OF ORDERS: The Seller submits its proposal/quotation and the buyer applies for an Event Permit subject to the following rights reserved by AASA:- a) Price Variations. The Seller shall be entitled to vary the prices quoted in the event of: i) Fluctuations in the value of the Australian Dollar or changes in the rates of taxes and duties affecting the costs of supplying the goods between the date this quotation was submitted to the buyer and the date of issue of the permit. ii) Request by the buyer for a variation to the permit. b) Corrections of errors or omissions on invoices and credit notes, if applicable; and c) Recision of this agreement in the event of the non-validity of the application for an event permit.

17. LIMITATION OF LIABILITIES: The Seller shall not be liable for any loss or damages whatsoever including loss of profits and consequential loss or any third-party claims from the buyer arising from any delay or failure  to supply the goods described on the face hereof.

SYDNEY MOTORSPORT PARK – TERMS AND CONDITIONS

CONDITIONS OF ENTRY

The following conditions of entry, as amended by the ARDC from time to time, apply to all persons entering Sydney Motorsport Park (“SMSP”) unless written consent has been granted from the Australian Racing Drivers’ Club (“ARDC”). Event specific conditions may also apply.

In exchange for being able to attend or participate in the event, you agree:

• to release the Australian Racing Drivers Club Ltd and its promoters, sponsor organisations, land owners and lessees, organisers of the event, their respective servants, officials, representatives and agents (collectively, the “Associated Entities”) from all liability for your death, personal injury (including burns), psychological trauma, loss or damage (including property damage) (“harm”) howsoever arising as a direct or indirect consequence of your participation in or attendance at the event, except to the extent prohibited by law
• to the extent permitted by law, the Confederation of Australian Motor Sport (“CAMS”) and ARDC and its Associated Entities do not make any warranty, implied or express, that the event goods and services will be provided with due care and skill or that any materials provided in connection with the services will be fit for the purpose for which they are supplied; and
• to attend or participate in the event at your own risk.

You acknowledge that:

• the risks associated with attending or participating in the event include the risk that you may suffer harm as a result of:
  • motor vehicles (or parts of them) colliding with other motor vehicles, persons or property;
  • 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 the safety of persons or property at the event; and
• motor sport is dangerous and that accidents causing harm can and do happen and may happen to you. You accept the conditions of, and acknowledge the risks arising from, attending or participating in the event and being provided with the event services by CAMS and the Associated Entities.

GENERAL CONDITIONS

• Management of Sydney Motorsport Park reserves the right to inspect and / or search bags, motor vehicles and motorcycles brought into or out of the venue. This may require the persons assistance.
• Persons gaining unauthorised access to Sydney Motorsport Park will be evicted and may be liable for prosecution.
• Persons who use offensive or threatening language, cause a disturbance, or refuse to comply with requests made by Sydney Motorsport Park staff will be evicted.
• Alcohol cannot be brought into or taken from Sydney Motorsport Park.
• Smoking on the premises is not permitted in any pit and paddock areas, seated, thoroughfare and concourse areas and buildings, balconies and pit roof.
• Children must be supervised by a responsible adult or guardian at all times.
• Persons who throw articles or gain unauthorised entry onto the circuit will be evicted and may be liable for prosecution.
• Persons bringing personal items into Sydney Motorsport Park do so at their own risk and ARDC will not be held responsible for any damage, loss or theft of personal property.
• Any property left unattended at the conclusion of each day will be deemed abandoned and forfeited to Sydney Motorsport Park.
• All fire doors, passage ways, fire extinguishers, fire hoses and means of emergency egress must be kept clear and free of obstruction at all times
• Protective clothing must be worn by all drivers and passengers in cars driven at 100 km per hour or more on the circuit. Protective clothing includes helmets, neck-to-ankle-to-wrist non-flammable clothing, and closed-in shoes
• An inspection of the site will be conducted after the Event to specifically check for any damages to any of the Licensed Area; and you may be liable to pay any cost of repairs as a result if you are proven to be at fault
• If any of the Licensed Area is damaged or affected by oil, you will be charged for clean-up of material in excess of five bags of 15kg per day. Further charges may apply if clean up material does not rectify the area.
• Any perceived emergency as identified by the Venue’s Chief Warden, will take precedence over any activity at the Venue. You must comply with all directions of Venue staff, including the Chief Warden, relating to such emergency.
• You must:
  • keep the Licensed Area clean and tidy (including removing all rubbish) and leave the Licensed Area in a clean and proper state, free from rubbish, pests and vermin, at least equivalent to the state that it was in prior to the Licence Period (fair wear and tear excepted);
  • comply with all directions given by SMSP and their authorised representative in relation to the Licensed Area;
  • comply with the Rules and Regulations and any conditions of use published by SMSP

REFUSAL OF ENTRY

For the comfort, safety and enjoyment of all persons, management of Sydney Motorsport Park reserves the right to refuse entry to:

• any persons deemed to be intoxicated and/or disorderly;
• any unauthorised persons; and
• persons who attempt to bring any restricted or prohibited items into Sydney Motorsport Park.

RESTRICTED / PROHIBITED ITEMS

The following items are not permissible in Sydney Motorsport Park:

• glass or breakable containers;
• alcoholic beverages;
• illicit drugs;
• flares, fireworks, laser pointers, knives, firearms, dangerous weapons or any device that has the potential to cause injury or public nuisance;
• air horns;
• gas BBQ’s, gas bottles or any naked flames;
• spray cans or compressed air canisters;
• all animals except guiding or assistance animals;
• skateboards and roller blades;
• recording devices for commercial purposes;
• platforms, structures or materials to be used to erect platforms or other viewing platforms;
• commercial, political or offensive clothing, banners, logos or signage;
• outlaw motorcycle or crime gang colours; and
• any items or goods for public sale.

FOOD AND BEVERAGE

Persons are permitted to bring the following items into Sydney Motorsport Park:

• pre-packaged food such as sandwiches, fruit, biscuits, crisps, etc. for individual consumption; and
• unopened non-alcoholic beverages for individual consumption.

Persons are not permitted to bring packaged or commercial branded food and beverage products to Sydney Motorsport Park.

CAMPING

Camping is not permitted unless SMSP provide you with written consent. This includes overnight stays in motor vehicles, campervans, caravans or similar. All persons must vacate Sydney Motorsport Park at the end of the Licence Period each day.

PARKING OF MOTOR VEHICLES

You must not:

• clean, grease, oil, wash or repair motor vehicles in the Carparking Area; or
• store in any part of the Carparking Area any petrol or other inflammable fuel (except in the vehicle’s permanent fuel tank), without our prior written consent.

SMSP will not be responsible for the loss of or damage to any motor vehicle entering, leaving or parked in the Carparking Area, for the loss of or damage to any article or thing in or upon any motor vehicle or for any injury or death to any person howsoever such loss, damage, injury or death may arise or be caused.

BASKERVILLE RACEWAY - TERMS AND CONDITIONS

All hirers/attendees are required to leave the circuit and surrounds in the same condition as found at the commencement of the hire. All rubbish is to be placed in the supplied wheelie bins and no rubbish is to be left in the buildings or on the ground. In the case of events where any spectator area is utilized that this area must also to be cleaned.

Damage of whatever nature occurring during the event must be notified to the circuit caretaker and/or Manager of Motorsports Tasmania Pty Ltd prior to the conclusion of the event. Any incidents of personal injury are to be reported within 48 hours or at the earliest possible time to the Manager of Motorsports Tasmania Pty Ltd.

The Hirer/attendees acknowledge that they are wholly responsible for, and agrees to pay to Motorsports Tasmania Pty Ltd, the cost of any damage whatsoever, however occasioned or caused, to the racetrack and any buildings, fixtures, fittings, appliances or equipment thereat, which damage occurs during the period of hire, or arises in any way therefrom.

THE BEND – TERMS AND CONDITIONS

GENERAL CONDITIONS

• No excessive engine noise or mechanical noise must commence in any pit garage or in the proximity of the pit building where the Hotel is located prior to 9am on any day
• The Operator reserves the right to refuse entry to any person to the Site in its absolute discretion notwithstanding that person may have purchased a Ticket.
• Except to the extent caused by the negligence or wilful misconduct of the Operator, the Operator is not responsible for any loss of or damage to any motor vehicle entering or leaving the Site including any carparking areas.
• No alcoholic beverages or drugs of any kind are brought into the Site
• Immediately report to the Operator any incidents during the event Period, including but not limited to any Personal Injury.
• The Operator will not be responsible to the Hirer/attendees for any act or omission (including default or negligence) of any other hirer or person attending the Site or their invitees.

CARE OF PROPERTY

The Hirer/attendees must keep all:

• surfaces, and all barriers, sand traps, run- off areas, fences, gates, kerbs, marshal-posts and other facilities;
• systems and equipment;

clean and in the same order, repair, and condition as they were at the commencement of the event Period (except for any reasonable wear and tear).

At the option of the Operator, and except to the extent such damage was caused by the negligence of the Operator, the Hirer/attendees must:

• repair, reinstate and/or replace any and all damage to any property (at its own cost) to the satisfaction of the Operator; or
• pay to the Operator on demand, the cost of any repairs or reinstatement required to be undertaken by the Operator in order to repair, replace or reinstate any property (as determined by the Operator, acting reasonably)

HEALTH & SAFETY

Without limitation, the Hirer/attendees will:

• ensure that they take reasonable care to ensure that their acts or omissions do not affect the health and safety of others;
• comply with all reasonable instructions or induction procedures advised by the Operator the Hirer/attendees;
• ensure that all non-participants remain behind protective barriers while any activity is taking place on the Circuit;
• comply with any additional and reasonable requirement of the Operator and otherwise take all reasonable steps and precautions to prevent property damage or personal injury from arising;

RESTRICTIONS ON USE

The Hirer/attendees will not:

• bring upon or store within any part of the Site nor allow to be brought upon or stored within any part of the Site any machinery, goods or things of an offensive, noxious, illegal or dangerous nature, or of such weight, size or shape as is likely to cause damage to the Operator’s property (including any building or surfaced area);
• use any part of the Site or allow any part of the Site to be used for any noxious, illegal, or offensive trade, business or activity; or
• bring onto the Site or operate on or over the Site any drone, aircraft or aviation device, without the Operator’s prior written consent; or
• allow any act or thing to be done which may be or grow to be a nuisance, disturbance, or annoyance to the Operator, any other user, hirer or occupier of the Site, any neighbours or adjacent occupiers, or any other person.
• bring any Fuel onto the Site (other than in the running tank of any Vehicle) without the Operator’s prior consent.

INDEMNITY & RELEASE

Risks:

• The Hirer/attendees acknowledge that motor sport is dangerous and that accidents causing Personal Injury and loss or damage to property can happen.
• The Operator may remove from the Site any person who, in the Operator’s sole discretion, is not acting in the interests of safety or is acting in such a way that is likely to cause damage, nuisance or injury.
• If the Hirer/attendees bring, leaves or stores any property on the Site, it does so at its own risk.

Release:

The Hirer/attendees agree that, to the fullest extent permitted by law, it releases and forever discharges the Operator, the Associated Companies, and their Personnel (“Those Indemnified”) from all Claims by any person against Those Indemnified in connection with:

• any Personal Injury;
• the full or partial loss, deterioration, destruction or theft of, or damage to, the property of any person which is on, left or stored on the Site

except to the extent caused by the negligent or reckless act or omission of the Operator.

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.

CARCO.COM.AU RACEWAY – TERMS AND CONDITIONS

EXCLUSION OF LIABILITY

The Licensee/attendees release, discharge and hold harmless the Association, its employees, and agents, and the City of Wanneroo, from:

• all responsibility or liability arising from any act, omission, or neglect causing loss or damage to personal property or injury or death which has occurred in any way connected to an Event, Agreed Activities or use of the Venue or Venue Facilities; and
• all claims, suits, actions or proceedings or demands, costs, charges, liabilities now or in the future of whatsoever nature and kind, arising out of or in relation or in any manner whatsoever connected with the Event, the Agreed Activities or use of the Venue and Venue Facilities by the Licensee/attendees.

COMPLIANCE WITH DIRECTIONS

The Licensee/attendees agree to comply with:

• the Track Operations Guidelines as may be in place and amended from time to time;
• all of the directions of the Association’s employees and agents.

SMOKE FREE AREAS

The Licensee/attendees acknowledge that all areas of the Venue are smoke free (which includes vaping devices). A reference to ‘smoke’ in this clause is a reference to smoking products consumed by individuals, and not smoke expressed from the operation of motor vehicles or motor bikes (for example, engine exhaust, tyres and the like).

GENERAL OBLIGATIONS

The Licensee/attendees shall ensure:

• all areas of the Venue and the Venue Facilities are left in the condition as provided by the Association at the commencement of the Licence Period. This includes, but is not limited to clean-up of oil spills, excessive rubber debris, discarded tyres and oil, litter and event promotional material.
• the removal of excessive laydown of rubber on any kerbs, grid markings and track limit markings, and the repair of excessive damage to track shoulders, and it acknowledges and agrees that should the Association be required to perform remedial works, any additional costs and charges incurred by it shall be on-charged to the Licensee/attendees when at fault

The Licensee/attendees must not access any areas of the Venue other than the Venue Facilities for any aspect of the Event.

The Licensee/attendees must notify the Association immediately of any damage caused to any part of the Venue or Venue Facilities by its actions or the actions of drivers or passengers or any persons associated with the Licensee. This particularly applies to the First Line of Protection or other safety orientated structures within the Venue.

Any equipment which is the responsibility of the Licensee/attendees, including tools, safety equipment, merchandise, plant and equipment and furniture which may be brought to or stored at the facility shall remain at the risk of the Licensee/attendees at all times. The Association is not liable to the Licensee or any other person for damage, destruction or loss thereto unless such damages is directly caused by the negligence of the Association.

The Association has a zero-tolerance policy in relation to anti-social behaviour, abuse or intimidating behaviour towards their representatives or any other persons at the Venue. In any dealing with representatives of the Association, whether employees or volunteers, the Licensee and its representatives (incl. attendees) shall conduct themselves in a professional and respectful manner.

CONDITIONS OF USE OF FACILITY

• No one is permitted to do static burnouts on the racing circuit, infield area, pit lanes, paddock areas or any other areas except the designated burn out pad as marked on the Facility Map,
• The Paddock Area as marked on the Facility Map is only to be used in accordance with the road arrow traffic system and declared internal speed limit
• No products/additives are to be used on tyres
• All vehicles driving on the main circuit, infield or Jack’s Hillclimb track must be mechanically safe and sound to the absolute satisfaction of the Association;
• No vehicles are allowed on the grassed spectator banks
• The Infield/Skid Pan as marked on the Facility Map, is to be used for approved Event activities only. The Licensee/attendees agree that at no time will spectators be permitted in the Infield area, and garage doors which face the Infield are to remain closed during event or activity on the race track;
• All drivers and passengers are to wear a helmet approved to Australian Standards while in or on a moving vehicle on the race circuit.
• Other than as specifically provided for by the Association in accordance with its liquor license, the Venue is an alcohol-free venue. The Licensee/attendees acknowledge that no alcohol or alcoholic beverages of any description are to be brought into the Venue
• For the avoidance of doubt, the Association reserves the right to remove any person from the Venue who they consider to be intoxicated;
• Children under the age of 16 must at all times be under the immediate supervision of an adult and at no time are they to be in the area known as the “Pits” being the fenced area below the front of the grandstand;
• Activation or use of hydrants without authorisation or in a non-emergency will result in immediate cessation of any Event. The Licensee/attendees agree that it will be liable for any and all costs incurred by the Association, and that it will indemnify the Association in respect of any and all costs incurred by the Association to rectify any damage caused by the unauthorised use of hydrants, and all costs incurred to rectify equipment to full working order, and any cost incurred due to a call out by emergency services.
• Licensees/attendees may erect privately owned or hired marquees only within an area designated for such erecting by the Association and in a manner so that the structure is safely secured in a position and does not pose a threat or any risk of danger to other participants
• The Association reserves the absolute right at any time to refuse entry to the Venue. The Land is private property. Any person on the Land without the permission of the Association commits a trespass and subject to the penalties prescribed by law;
• The Association has the right to scrutineer any vehicle at any time which is to be used at the Venue and refuse the use of the vehicle within the Venue if, in its absolute discretion, it deems the vehicle to be unsafe or unroadworthy;
• Spectators must remain in the areas so designated or if authorised, in the Pits / Paddock Area as depicted on the Facility Map, however at no time shall they enter any marked restricted areas such as the pit lane, active track area, infield area, media platforms or areas designated for staff, nor traverse spectator area fencing, nor cross over or congregate near the track or the entry and exit to the pit area;
• The Association reserves and has the absolute right, and will have final jurisdiction on all matters regarding the safety of the track surface and braking area and therefore the ongoing status of the track use and hire;
• Save and except dogs used for medical reasons (e.g. guide dogs), which permitted animals must remain on a lead where possible to do so, no animals are not permitted upon the Land, nor within the Venue. Any animal and its handler/owner that is not permitted on the Land or within the Venue will be the subject of immediate removal from the Land;
• No camping upon the Land is permitted without the prior written authority of the Association;
• The Association and its members have leasehold rights over all the garages upon the Land. The Licensee/attendees are strictly forbidden from entering the garages without the express and written authority of either the member/occupier or the Association;
• The Licensee/attendees must not and must ensure that the Associated Persons do not without the prior written consent of the Association:
  • bring into the Venue any firearms, explosives, inflammable liquids, hazardous materials, drugs or alcoholic beverages (whether for sale or supply) or any other goods or services for the purpose of sale or supply;
  • bring into the Venue any smoke machines, misters, flares, hazers, foggers, foamers, oilcrackers, dry ice or fluid, dry density machines, pyrotechnics or similar atmospheric altering equipment, confetti, glitter, powder dust or other such substances, whether manually dispersed or by a discharge mechanism, without the specific prior written approval of the Association (any cost arising from the activation of smoke detectors as a direct result of any non-permitted activity generated by the Event will be charged);
  • remove or obscure, whether directly or indirectly, any signage, logo or other representation;
  • suspend any object or thing from any roof of the Venue;
  • bring into the Venue any equipment or item which by reason of its weight or vibration resulting from its operation could in the opinion of the Association cause damage to the floor, the roof or to other parts or services of the Venue or Venue Facilities.
• The Licensee/attendees must, and must ensure that any Associated Persons:
  • use the Venue, the Venue Facilities and the Additional Facilities in a safe and proper manner so as not to create any risk of injury or damage to person or property;
  • comply with all reasonable directions of the Association in connection with the safe and proper use of the Venue, the Venue Facilities and the Additional Facilities;
  • refrain from marking, painting, drilling into or otherwise defacing any part of the Venue
  • comply with the Association's directions concerning all equipment brought into the Venue; and
  • do not block or obscure emergency exits, emergency lights or fire protection equipment.
• The Licensee/attendees:
  • must not engage in and must ensure that Associated Persons do not engage in any riotous, disorderly, drunken, improper or unlawful conduct
  • agree that the Association, its employees and agents may refuse admission to or remove any person from the Venue and/or Land, including any of the Associated Persons at any time, regardless of whether the Event is in progress or the Associated Persons are in any way essential to the Event