All Trackshool Tracks - Terms and Conditions
Select and click on the track that relates to your proposed booking.
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
- 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 Winton Motor Raceway Pty. Ltd., 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.
Please make sure you click on any links, read and accept all Terms and Conditions and Waivers (below) before attending a Trackschool event at Luddenham Raceway.
- Trackschool - Terms and Conditions
- Luddenham Raceway - A Track Licence is NOT required to participate in an event at Luddenham Raceway, however for insurance purposes you are required to register and agree to the Luddenham Raceway Terms and Conditions.
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
- 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.
- 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. - 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.
- 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. - 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.
- 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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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.
- 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.
- 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.
- I hereby confirm that I have read and understood this document and all related documents, and all statements I have made are true.
- 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 Winton Motor Raceway Pty. Ltd., 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.
Please make sure you click on any links, read and accept all Terms and Conditions and Disclaimers (below) before attending a Trackschool event at Collie Motorplex, Western Australia.
- 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.