ACCEPTANCE OF RISK AND INDEMNITY ACCEPTANCE OF RISK AND INDEMNITY MUST BE SIGNED BY ALL PARTICIPANTS AND, IN THE CASE OF ANY PARTICIPANTS UNDER THE AGE OF 18 YEARS, BY THEIR PARENT OR GUARDIAN 1. In this document, the term "Track Day Club" means Track Day Club Pty Ltd ACN 158 983 209 and its officers, employees, agents, subcontractors and representatives. 2. I acknowledge that the activities offered by Track Day Club are dangerous recreational activities, and that they involve inherent risks including (but not limited to): a. The risk of injury as a result of a crash, including a crash caused by: i. Other vehicles or obstruction on the road (including vehicles driving when I am stationary); ii. A mechanical failure of my vehicle, including a failure caused by the stresses of driving; or iii. The loss of control of my vehicle; and b. The risk of injury as a result of the stresses caused by driving a vehicle at high speed, including injury in the form of exacerbating any underlying medical condition that I may have, including conditions of which I may not be aware. 3. I acknowledge that each of the above risks are obvious risks. 4. I acknowledge that I am engaging in the activities offered by Track Day Club at my own risk. 5. I acknowledge that, pursuant to the Civil Liability Act, Track Day Club does not owe me a duty of care in respect of the risks set out above, or a duty of care to ensure that its services shall be rendered with due care and skill. 6. Without limitation to the above, to the maximum extent permissible by law I release and indemnify Track Day Club from any liability that it may incur to me as a result of my participation in the activities offered by it, including any liability in contract, tort, or under statute. 1. I hereby authorise Track Day Club to publish photographs taken of me and my car today and my name and likeness, for use in the Track Day Club's print, online and video-based marketing materials, as well as other Company publications. 2. I hereby release and hold harmless Track Day Club from any reasonable expectation of privacy or confidentiality associated with the images specified above. 3. I further acknowledge that my participation is voluntary and that I will not receive financial compensation of any type associated with the taking or publication of these photographs or participation in company marketing materials or other Company publications. I acknowledge and agree that publication of said photos confers no rights of ownership or royalties whatsoever. 4. I hereby release Track Day Club, its contractors, its employees, and any third parties involved in the creation or publication of marketing materials, from liability for any claims by me or any third party in connection with my participation. Definitions a. In this agreement: i. “Us”, “We” and “Our” refer to Track Day Club Pty Ltd ACN 158 983 209. ii. “Track Day” means the driving experiences sold by Us. iii. “You” and “Your” refer to the purchaser of any Track Day offered by Us. iv. “Participant” means any person, including You, who is to participate in a Track Day that You have purchased from Us. 2. Application of Terms a. These terms apply to Your purchase of a Track Day from Us. b. To the extent that these terms impose obligations on Participants, it is Your obligation to ensure that they also accept those obligations. If a Participant refuses to accept or comply with those Obligations then they will not be permitted to participate in a Track Day, and any payment in respect of their participation will be forfeited. 3. Refunds a. All of Our fees are non-refundable except as required by law. 4. Change of Dates and Participants a. Where a date has been allocated in respect of Your Track Day, You may change its date by giving us notice at any time on or before 14 days before the allocated date. b. You may change the Participants who are to participate in Your Track Day by giving notice of the change to us at any time. c. In the event that any Participants fail to attend the Your Track Day, any payment in respect of their participation will be forfeited. d. It may become necessary for Us to change the date of Your Track Day due to unsuitable track or weather conditions, technical issues, damage to vehicles, or other reasons beyond our reasonable control. e. In the event that it becomes so necessary for us to change the date of Your Track Day, You will be permitted to reschedule the Track Day for another date. We are not liable for any losses of any nature to You or to Your Participants if this occurs. 5. Ability to Drive and Indemnity a. Participants must: i. be over the age of 16 years; ii. If driving a vehicle, be over the age of 18 years and be the holder of a driver’s licence allowing them to drive a car in the state of New South Wales, and present that licence to Our staff on request; iii. be free of any injury, illness, or other condition that could affect their ability to drive safely during Your Track Day; iv. wear long pants, a long-sleeved shirt and enclosed shoes throughout Your Track Day; v. wear a helmet and any other safety gear provided by Our staff at Your Track Day; vi. follow directions reasonably given to them by Our staff during Your Track Day; vii. sign a release and indemnity as reasonably required by Us, releasing us from liability in relation to injury, loss or death as a result of participating in Your Track Day, and accepting liability for any damage caused by them through reckless, negligent or irresponsible behaviour; viii. arrive at Your Track Day by such time as We allocate for their briefing and safety session; and ix. abide by such safety regulations or other rules as are imposed by the venue at Your track Day. b. Participants must not: i. be under the influence of any alcohol or drugs while at Your Track Day; or ii. cause any disturbance or threaten the safety of any person at Your Track Day. c. In the event that We reasonably believe that any Participant is in breach of any of the above requirements, then that Participant will not be permitted to participate in Your Track Day, and any payment in respect of their participation will be forfeited.