Please note: The Notification and Acknowledge of Risk and Terms and Conditions below are between you (the participant) and Driving Solutions Pty. Ltd.
The information you provide for registration will be shared with our track day provider Driving Solutions for insurance purposes
NOTIFICATION AND ACKNOWLEDGEMENT OF RISK
By checking the boxes and signing the opt-in box below, I confirm that I have read and understand the statements and have provided any and all information that any reasonable person in a similar situation would be expected to provide to ensure their safe participation.
I, the participant:
acknowledge and agree that I am about to voluntarily participate in a dangerous recreational activity that involves a significant risk of physical harm to me and others;
acknowledge and agree that I am about to voluntarily participate in a dangerous recreational activity that involves a significant risk of damage to my property and property of others;
acknowledge and agree that I have been warned by the organiser and/or their servants or agents that the recreational activity is dangerous, that accidents can and do happen and that if I participate, I do so at my own risk
will to listen to and follow the instructions given to me by the promoter/organiser or its servants or agents, which instructions are given by them to me in good faith
acknowledge and agree that the weather and track conditions may change without warning
declare that I am currently and continue to be medically and physically fit and able to participate in and undertake the recreational activity, and I am not a danger to myself or to the health and safety of others.
declare that I have not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells and am not presently receiving treatment for any condition, illness, disorder or injury which would render me unsafe to take part in the recreational activity
declare that have not consumed any alcohol in the past 8 hours and am not under the influence of any drug, whether prescribed or recreational which may impair my ability to use my best judgement.
declare that my vehicle has undergone a safety check and is in a condition fit to be used for the recreational activity
except to the extent prohibited by law, I release, indemnify and hold harmless the landowner, the occupier, the organiser, the promoter, the sponsor and their servants and agents with respect to all liability for my death, personal injury (both physical and psychological) suffered by me or which arises in any way out of the provision of the recreational service, my participation in the recreational activity and any associated hire agreements
acknowledge and agree that the promoter, the organiser and their servants and agents can and will use all reasonable judgement in deciding whether to call an ambulance or provide any other assistance to me, and that all ambulance hire, or other hire and associated charges will be borne by me.
DO NOT SIGN UNLESS YOU ARE SATISFIED THAT YOU UNDERSTAND your legal rights and obligations. The recreational activity in which you are about to participate can lead to injury and possible loss of life
the Participant consent to participate in the recreational activity proposed, I agree that I am undertaking the activity entirely at my own risk and that I am signing this contract voluntarily.
OPT IN Signature Page
Consent Statement for Persons under 18 Years I declare that am the parent/guardian of the above-named person (“the minor”) who is under 18 years old. I have read this agreement and understand its contents, including the exclusion of liability and assumption of risk for death or personal injury both physical and psychological. I have explained the contents to the minor. I consent the minor attending and participating in the events and activities at their own risk.
OPT IN Signature Page
TERMS AND CONDITIONS
This contract comprises the Schedule, these Terms and Conditions and the Notification and Risk Acknowledgement
Participant means the individual who signs this contract at the time of payment and/or at the time of participation and who agrees to be bound by these Terms & Conditions including the Notification and Acknowledgement of Risk, and any associated hire agreements. The Participant acknowledges that in return for their payment for provision of the recreational service, they are waiving some of their rights to the extent permitted by law.
Rights of a Consumer
The activity is a ‘recreational service’ as defined in the Competition and Consumer Act 2010 (Cth) (‘the CCA’). Where the Participant is a ‘consumer’, as defined in the CCA or any similar NSW legislation, then certain terms and rights will be implied into this contract for the benefit of the Participant. Such terms and rights, and any liability of the organiser, the promoter or other supplier are excluded, restricted or modified by the provisions of this contract and the Notification and Acknowledgement of Risk document to the extent permitted by law.
Exclusion of Liability for death and personal injury
The Participant agrees and acknowledges that the recreational service includes a dangerous recreational activity with a significant risk of physical harm. Subject to any rights imposed by law that cannot be limited or excluded, the Participant releases the organiser, the promoter and any other supplier together with their officers, trustees, employees, servants and agents from all liability for death, or any personal injury whether physical or psychological (including the aggravation, acceleration, or recurrence of a current or past injury of the Participant) arising out of their participation in the recreational activity and/or the use of equipment hired or otherwise provided by or to the Participant.
Release & Indemnity
The participant agrees:
(a) to indemnify, and keep indemnified and hold harmless the organiser, its officers, trustees, employees, servants and agents from and against any and all claims by any person arising from or as a result of or in connection with their participation in recreational activity, the use of equipment, or the provision of the recreational service including the negligence of the organiser, the promoter, any other supplier and of their officers, trustees, employees, servants and agents; and
(b) to assume full responsibility for and to indemnify and keep indemnified and hold harmless the organiser, its officers, trustees, employees, servants and agents for any property damage arising from or as a result of or in connection with the recreational service or their participation in the recreational events.
In this clause ‘claim’ means and includes any action, cause of action, suit, proceeding, claim, demand, injury, penalty, cost or expense (including legal fees and costs) however arising but does not include a claim made by any person entitled to make a claim under a relevant insurance policy taken out by the organiser.
If the CCA or similar NSW legislation operates to prevent the exclusion, restriction or modification of warranties otherwise implied into this contract by those laws then the liability of the organiser for breach of warranty is limited to: (a) the re-supply of the recreational service and related recreational activity, or (b) the payment of the cost of having the recreational activity supplied again.
The Participant warrants that they have sufficient skills to operate their own and any hired equipment correctly.
Bar to proceedings
The provider may use this contract as a bar to proceedings now or in the future, commenced by or on behalf of the Participant or by any person claiming through the Participant or by the Participant’s executors, administrators, dependents or other personal representatives.
In the event of a dispute, the parties agree to mediation in the relevant jurisdiction, if appropriate. This contract is governed by the laws of NSW, and the parties agree to submit to the jurisdiction of the courts of NSW.
The Schedule, the Terms and Condition, the Notification and Acknowledgement of Risk, Hire Form and Disclaimer Statement form the entire agreement between the parties in respect to the activities and supersedes all other agreements, understandings, representations and/or negotiations in relation to the recreational service and or recreational activity.
If any clause in this agreement is not legal or enforceable, it may be removed, but all other terms and conditions will continue in force.
Links to Other Web Sites
The material on this website is for general purposes only. Our service may contain links to third-party websites or services that are not owned or controlled by DS. The provider has no control over and assumes no responsibility for the content or practices of any of those web sites and services. DS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance on any contents, goods or services available on or through any such web sites or services.
The information, materials and services contained in these sites are intended for use only in Australia and are provided to you ‘as is’ and ‘as available’. To the maximum extent permitted by law, we disclaim all representations and warranties of any kind, express or implied. We do not make any guarantee or representation regarding the security of accounts or that these sites are fee from destructive materials including but not limited to system failure, computer viruses, hackers or other technical sabotage.
We may collect personal information about you when you interact with us. Generally the information we collect from you includes your name, you contact details and your agreements to our terms and conditions. We will not collect any sensitive information.
We will take all reasonable steps to keep your personal information from loss, misuse or unauthorized alteration. We will not sell, rent or trade any personal information whether in Australia or anywhere else. You have the right to access your personal information and may correct any personal information held about you. If you have any complaints about this or any of our other services please contact us.
Statutory Refunds or Remedies
We are not required to provide a refund if you change your mind about the services you have requested.
You can chose to cancel your contract and receive a refund for unconsumed services if the service has a major problem. This is when the service:
Has a problem that would have stopped a person from purchasing the service if they had known about it
Is substantially unfit for its purpose and cannot be easily fixed within a reasonable time
Does not meet the specific purpose you asked for and was advertised and cannot be easily rectified within a reasonable time
Creates an unsafe situation, unless you have been advised of the risk factors and have agreed
If you chose to continue with our services you can ask us to compensate you for any difference in the value of the services we provided and what you paid.
If the problem is NOT major, we will fix it within a reasonable time, if it is not fixed within a reasonable time you can choose a refund or replacement.
Please keep proof of your agreement, invoice and/or quote.