|Experience||Driver Training or Passenger Experience, as per the online order|
|Car||Radical SR3RS or Formula 1000, as per the online order|
|Date of Event||As agreed by the parties|
|Number of Participants||As per the online order or as otherwise agreed by the parties|
|Number of Spectators||As agreed by the parties|
|Number of laps for each Participant||As per the online order or as otherwise agreed by the parties|
|Corporate Event details|
|Payment terms||Full payment upon placing the order online|
|Food and beverage package||Not applicable, unless otherwise agreed by the parties|
|Other services provided by Arise Racing||Not applicable, unless otherwise agreed by the parties|
|Name (and ABN if applicable)||As per the online order|
|Address||As per the online order|
Terms and Conditions
- Agreement: I must pay Arise Racing the full Fees on the date I entered into this Agreement and Arise Racing agrees to provide the Event on the terms and conditions of this Agreement.
- Event: The Event consists of Arise Racing providing:
– the Experience to one or more Participants up to a maximum of the number specified in the Agreement Details;
– if applicable, the food and beverages packages or other services (or both) specified in the Agreement Details; and
– other ancillary items necessary for participating in the Experience or participating as a spectator.
- Risks: I acknowledge that the Experience is an inherently dangerous recreational activity and that, by organising the Event, I and any other Participants will be exposed to certain serious risks. On the date of the Event, I will, and I will ensure that all Participants, read and understand the Participation Form which describes some of those risks.
- Participation Form and Rules: I acknowledge that:
– it is a condition of any Participant participating in the Experience that the Participant read, understand and sign the Participant Form; and
– any Participant who does not sign the Participant Form will not be allowed to participate in the Experience.
- Instructions and conduct: Arise Racing may give instructions or directions to me and the Participants. I will follow Arise Racing’s instructions and directions and, at all times during the Event, I will ensure that the Participants:
– follow Arise Racing’s instructions and directions;
– behave in an appropriate and ethical manner; and
– demonstrate respect for the other people in attendance, for Arise Racing’s staff and for the property of others.
- Stoppage, removal and non-participation: I acknowledge that:
– Arise Racing may end any Experience where conditions have, in its sole opinion, become unsafe whether due to the state of a Vehicle or the track, the weather or any other reason; and
– Arise Racing may remove any Participant from the Experience or from its premises for safety reasons or for failure to behave appropriately or follow instructions.
- No entitlement to refund: I acknowledge that if the Event is ended early, or one or more Participants are removed from the Experience or the premises or otherwise not allowed to participate in the Experience, I will not be entitled to any refund or reduction in the Fees. If the Experience is ended early for reasons that are not related to the behaviour of any Participant (such as for unsafe weather conditions) then Arise Racing will use reasonable endeavours to reschedule the Event.
- Property: Arise Racing is not responsible for my, or any Participant’s personal property during the Event and I will ensure that the Participants return all of Arise Racing’s property at the end of the Event.
- Images: Arise Racing may take photos, videos, audio and other recordings or images of me, the Participants and any Organiser Vehicles in connection with my participation in the Event (Images). Arise Racing:
– owns all such Images; and
– may use or reproduce any Images to promote Arise Racing and its activities (including on Arise Racing’s website and social media).
- Cancellation by me: I acknowledge that, if I cancel or rebook the event on less than 180 days’ notice to Arise Racing, Arise Racing may claim, and I must pay the following cancellation fee:
– any amounts paid or payable by Arise Racing for the track, catering or other supplies or equipment; and
– $200 in respect of Arise Racing’s administration costs.
Arise Racing may use any part of the Fees paid by me to cover the above amounts, and will refund the remainder within 30 days of my cancellation. If I rebook, the above costs may be waived (wholly or partially) by Arise Racing in its absolute discretion.
- Cancellation by Arise: Arise Racing may cancel the Event for any reason and will endeavour to give me as much notice as is possible of such cancellation. Arise Racing will refund any Fees that have been paid, with such refund to be paid within 30 days of such cancellation.
- Release and indemnity: To the extent permitted by law, I release and indemnify Arise Racing, the Owner, and their respective directors, servants, officials, employees, secondees, contractors, representatives, agents, related parties and other participants in, and spectators of, the Event (the Associates) from all claims which may be made by me or on my behalf, in respect of or arising out of any liability or loss (including but not limited to damage to property, injury or death) that I or any Participant suffers during the course of, or as a result of my organisation of the Event and invitation of the Participants, or any Participant’s participation in the Event, and however caused, including due to the negligence of or omission of Arise Racing or its Associates.
- Organiser Vehicles: Where I or a third party provides any Organiser Vehicles:
– I warrant that all Organiser Vehicles will be in good repair and condition and maintained at a standard that is adequate for safe use for the full scope of the Experience;
– I acknowledge that I will provide any rules or instructions to the Participants that are specific to the Organiser Vehicles and my requirements as to their use, and I will be entirely responsible for enforcing such rules or instructions; and
– for clarity, the release and indemnity given by me in clause 12 applies to any loss or damage incurred in respect of the Organiser Vehicles during the Event, whether due to the acts or omissions of myself, Participants, Arise Racing personnel or any third party.
- Insurance: I acknowledge that neither I, nor the Participants, are covered by any insurance taken out by Arise Racing during our participation in the Event.
- My other rights: I may have other rights under law in respect of the Event (e.g. rights under the Australian Consumer Law) that cannot be limited or excluded. Nothing in this Participation Form limits or excludes those rights. Arise Racing’s liability to me in respect of any rights under the Australian Consumer Law is limited, at Arise Racing’s option, to resupplying the Event or
refunding the fees I have paid in respect of the Event.
- Disputes: Before resorting to external dispute resolution mechanisms, the parties must in good faith attempt to settle by negotiation any dispute in relation to this Agreement, and where practical, each party must refer the matter to personnel who have authority to intervene and facilitate some form of resolution.
Understanding this agreement
Agreement means these terms and conditions and the Agreement Details.
Agreement Details means the details specified as such at the beginning of this document.
Arise Racing means Arise Racing Pty Ltd. Arise Racing holds the benefit of this Agreement for itself and its related bodies corporate.
Experience means the experience specified in the Agreement Details.
Event means the services specified in clause 2, as specified in the Agreement Details.
I, me and my means the Organiser. Fees means the fees specified in the Agreement Details.
Organiser means the individual or company named as the organiser in the Agreement Details.
Organiser Vehicle means, any vehicle provided by the Organiser or a third party for use in an Experience.
Participant means any person whom I invite to participate in the Experience or Event, including myself.
Participation Form means a form of that name provided by Arise Racing on the date of the Event and setting out the terms and conditions of participating in the Experience.
Words like including and for example are to give examples only, and not to limit the meaning.
This Agreement is subject to the laws of Western Australia