Terms and Conditions

1. General

1.1. This Luddenham Raceway site at www.luddenhamraceway.com (a “Site”) is a shopping and informational website where you can browse, select and order products advertised on the Site, make bookings and or booking enquiries, as well as gain information on products and services offered and the terms and conditions surrounding the offering of products and services from Hutland Pty Ltd trading as Luddenham Raceway (ABN 96 157 974 199) (herein referred to as ‘us’ / ‘we’ / ‘Luddenham Raceway’ / ‘LR’ / ‘LRP’ / ‘LRMP’).

1.2. You must read and understand the Terms and Conditions of the Site and the Products and Services before accessing and using the Site and before, making and or placing Bookings and using the Products and Services.

1.3. Your access to and use of the Site and the Products and Services offered is subject to these Terms and Conditions, (as well as any additional Terms and Conditions that may be displayed at the premises providing the Goods and or Services, and or may be sent to you in writing).

2. Your Agreement to the Terms and Conditions

2.1. By accessing and using the Site, including placing orders through the Site and making Bookings through the Site, you agree that you will be subject to and comply with these Terms and Conditions (including our Privacy Policy) and the Terms and Conditions regarding entry and access to the Premise / Venue / Facility.

(a) By completing your registration through the Site;

(b) By making a booking through the Site; and

(c) Using the site to obtain Products and Information from us.

3. Placing an Order for Products and or making a Booking

3.1. You may order products and or make a Booking by selecting and submitting your order and or Booking Request through the Site in accordance with the Terms and Conditions.

3.2. Any order and or booking request placed through this site for a Product and or Booking is an offer by you to purchase the particular product and or time slot for the price notified (including the delivery and other charges and taxes) at the time you place the Order and or Make a Booking.

3.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders and or take bookings through the Site.

3.4. You agree to provide us with current, complete and accurate details when asked to do so by the Site and or a representative of LR.

4. Acceptance or Rejection or Cancellation of a Booking and or Order

4.1. We reserve the right to accept or reject your Booking and or Order, for any reason including if the requested Product and or Time Slot and or Date is not available, if there is an error in the Price or Product Description posted on the Site or an error in your Order and or Booking.

4.2. Each Order placed for Products, and or Booking made, through the Site, that we accept, results in a separate binding agreement between you and us for the supply of the Products and or requested Time Slot and or Date of the Booking. For each Order and or Booking accepted by us, we will supply the Products and or requested Time Slot and or Date, in that Order and or Booking, to you in accordance with these Terms and Conditions.

4.3. If we reject and or cancel the Order and or Booking placed through the Site, then we will endeavour to notify you of that rejection at the time you place the Order and or make the Booking, or within a reasonable timeframe after you submit your Order and or Booking.

5. Go Karting

5.1. Hutland Pty Ltd trading as Luddenham Raceway (ABN 96 157 974 199) is the Proprietor and Operator of the Go Kart Facility, Venue and Premises located at 821 – 849 Luddenham Road, Luddenham, NSW 2745 (Herein referred to as the ‘Facility’).

5.2. When at the Facility you are required to abide by the Conditions of Entry. These conditions are listed on Signs displayed around the Facility, as well as on the Kiosks at check in. Failure to abide by the Conditions of Entry will result in your removal from the Facility and a Permanent Life Ban will be put in place.

5.3. It is a Condition of Entry that all persons who enter the premises identify themselves at reception, and present photo identification when asked. You must have a valid, and legal purpose for being at the facility such as to gain more information about participating in a service offered at the facility, or to purchase goods or services sold by the facility and or to be provided with a service offered by the facility. If you do not have a valid or legal purpose for being at the facility and refuse to identify yourself and or present photo identification then you will be asked to leave the facility immediately.

5.4. The registration kiosks are where the contract for the use of the Facility and its equipment is completed. All Participants must voluntarily complete registration and understand the terms and conditions governing their participation. Participants understand and accept there are inherent risks in participation, and these risks can include serious injury and death. Participants agree to accept these risks and also agree to abide by all the rules of the facility whilst at the facility and agrees to indemnify Hutland Pty Ltd trading as Luddenham Raceway against any claim arising from their participation at the Facility.

5.5. All Participants have a duty to act with good judgment and consideration for themselves and others, and to refrain from behaviour which could affect their safety, and the safety of others at the facility.

5.6. All Participants must obey all written instructions, verbal instructions and video instructions displayed at and or issued by the Facility at all times without objection. Failure to do will result in your removal from the Facility and no refunds will be granted.

5.7. Participants must use all equipment and safety equipment issued by the Facility as directed. Failure to do so will compromise your safety and you will be removed from Participation if you do not comply with directions issued to you and or if you tamper with equipment. If you choose to use your own safety equipment it is up to you to verify that it is safe and fit for its purpose, and if the Facility deems that you cannot use the equipment than it can require you to put the Equipment away.

5.8. Dangerous and Reckless use of the equipment at the facility will not be tolerated. Any and all Damage that you or a minor in your care cause at the Facility must be paid for in full before you leave the Facility.

5.9. Closed Circuit Television (CCTV) with audio recording capabilities is in operation at all times at the Facility.

5.10. All Participants under the age of 18 (Minors) must be accompanied at all times by an adult who is their Parent or Legal Guardian.

The Parent or Legal Guardian will give the Minor permission to participate in activities, and will assume all responsibility for the Minor whilst they are at the Facility.

The Parent and or Legal Guardian must present their Valid, Government Issued Photo Identification on behalf of the Minor when the Minor is checking in at registration, they will also be required to take a photograph with the Minor to verify that they were the individual who signed the waiver on behalf of the Minor and granted permission for the Minor to participate.

The Parent and or Legal Guardian is liable for all damage that the Minor may cause whilst at the Facility, and any and all damages must be paid for in full before they leave the Facility.

5.11. All Participants must ensure that they arrive in a timely manner. If you run late and cannot participate then you will not be entitled to a refund and may find yourself that your event / booking has been cancelled or reduced due to your lateness.

5.12. Participants who are Go Karting at the Facility are supplied with loan helmets, in sizes XS to XL. Participants may wear their personal helmet, however it must comply with the Australian Standard AS1698. Any damage caused to a loan helmet must be paid for in full by the Participant before they leave the Facility.

5.13. All Participants must ensure that Long Hair is Secured whilst Go Karting at the Facility.

5.14. All Participants are advised to wear gloves whilst Go Karting at the Facility to prevent blisters or hand injuries.

5.15. All Participants must ensure that they do not wear loose or flowing garments whilst at the Facility due to the risk posed of loose or flowing garments becoming entangled with the equipment. There will be no exceptions to this rule, including for religious purposes.

5.16. All Participants must ensure that they wear sturdy, enclosed footwear.

5.17. The Facility has a zero tolerance policy for Drugs and Alcohol. If you are found to be intoxicated you will be prohibited from participating and will be asked to leave the Facility. No refunds would be given under these circumstances.

5.18. Participants and Visitors are liable for any and all Damage that they may cause to equipment and or the Facility whilst at the Facility. It is a Condition of Entry that any and all damage be paid for before a Participant or Visitor leaves the Facility.

5.19. It is a condition of entry that all accidents and injuries are reported to reception before a patron leaves the premises, and same must be noted down by completing an ‘incident report form’ by all relevant parties.

6. Paintball

6.1. Hutland Pty Ltd T/A Luddenham Raceway Paintball (ABN 96 157 974 199) (Herein referred to as ‘LRP’) is the Proprietor and Service Provider of the Paintball Facility, Venue and Premises located at 821 – 849 Luddenham Road, Luddenham, NSW 2745 (Herein referred to as the ‘Facility’).

6.2. When at the Facility you are required to abide by the Conditions of Entry. These conditions are listed on Signs displayed around the Facility, as well as on the Kiosks at check in. Failure to abide by the Conditions of Entry will result in your removal from the Facility and a Permanent Life Ban will be put in place.

6.3. It is a Condition of Entry that all persons who enter the premises identify themselves at reception, and present photo identification when asked. You must have a valid, and legal purpose for being at the facility such as to gain more information about participating in a service offered at the facility, or to purchase goods or services sold by the facility and or to be provided with a service offered by the facility. If you do not have a valid or legal purpose for being at the facility and refuse to identify yourself and or present photo identification then you will be asked to leave the facility immediately.

6.4. The registration kiosks are where the contract for the use of the Facility and its equipment is completed. All Participants must voluntarily complete registration and understand the terms and conditions governing their participation. Participants understand and accept there are inherent risks in participation, and these risks can include serious injury and death. Participants agree to accept these risks and also agree to abide by all the rules of the facility whilst at the facility and agrees to indemnify Hutland Pty Ltd trading as Luddenham Raceway against any claim arising from their participation at the Facility.

6.5. All Participants have a duty to act with good judgment and consideration for themselves and others, and to refrain from behaviour which could affect their safety, and the safety of others at the facility.

6.6. All Participants must obey all written instructions, verbal instructions and video instructions displayed at and or issued by the Facility at all times without objection. Failure to do will result in your removal from the Facility and no refunds will be granted.

6.7. Participants must use all equipment and safety equipment issued by the Facility as directed. Failure to do so will compromise your safety and you will be removed from Participation if you do not comply with directions issued to you and or if you tamper with equipment. If you choose to use your own safety equipment it is up to you to verify that it is safe and fit for its purpose, and if the Facility deems that you cannot use the equipment than it can require you to put the Equipment away.

6.8. Dangerous and Reckless use of the equipment at the facility will not be tolerated. Any and all Damage that you or a minor in your care cause at the Facility must be paid for in full before you leave the Facility.

6.9. Closed Circuit Television (CCTV) with audio recording capabilities is in operation at all times at the Facility.

6.10. All Paintball Participants must be at least 12 years of age under NSW Legal requirements.

All Participants under the age of 18 (Minors) must be accompanied at all times by an adult who is their Parent or Legal Guardian.

The Parent or Legal Guardian will give the Minor permission to participate in activities, and will assume all responsibility for the Minor whilst they are at the Facility.

The Parent and or Legal Guardian must present their Valid, Government Issued Photo Identification on behalf of the Minor when the Minor is checking in at registration, they will also be required to take a photograph with the Minor to verify that they were the individual who signed the waiver on behalf of the Minor and granted permission for the Minor to participate.

The Parent and or Legal Guardian is liable for all damage that the Minor may cause whilst at the Facility, and any and all damages must be paid for in full before they leave the Facility.

6.11. All Participants must ensure that they arrive in a timely manner. If you run late and cannot participate then you will not be entitled to a refund and may find yourself that your event / booking has been cancelled or reduced due to your lateness.

6.12. All Participants must ensure that they wear sturdy, enclosed footwear.

6.13. The Facility has a zero tolerance policy for Drugs and Alcohol. If you are found to be intoxicated you will be prohibited from participating and will be asked to leave the Facility. No refunds would be given under these circumstances.

6.14. All Participants must wear appropriate clothing when participating in Paintball. Participants clothing may become stained and or ripped and or dirty whilst participating and no compensation will be offered for same.

Participants must ensure that they wear appropriate clothing that offers adequate protection, but will not hamper their movement or cause heat exhaustion.

6.15. Participants and Visitors are liable for any and all Damage that they may cause to equipment and or the Facility whilst at the Facility. It is a Condition of Entry that any and all damage be paid for before a Participant or Visitor leaves the Facility.

6.16. It is a condition of entry that all accidents and injuries are reported to reception before a patron leaves the premises, and same must be noted down by completing an ‘incident report form’ by all relevant parties.

7. Car Circuit

7.1. Hutland Pty Ltd T/A Luddenham Raceway Motorsport Park (ABN 96 157 974 199) is the Proprietor and Operator of the Car Circuit Facility, Venue and Premises located at 821 – 849 Luddenham Road, Luddenham, NSW 2745 (Herein referred to as the ‘Facility’).

7.2. When at the Facility you are required to abide by the Conditions of Entry. These conditions are listed on Signs displayed around the Facility, as well as on the Kiosks at check in. Failure to abide by the Conditions of Entry will result in your removal from the Facility and a Permanent Life Ban will be put in place.

7.3. It is a Condition of Entry that all persons who enter the premises identify themselves at reception, and present photo identification when asked. You must have a valid, and legal purpose for being at the Facility such as to gain more information about participating in a service offered at the facility, or to purchase goods or services sold by the facility and or to be provided with a service offered by the facility. If you do not have a valid or legal purpose for being at the facility and refuse to identify yourself and or present photo identification then you will be asked to leave the facility immediately.

7.4. The registration kiosks are where the contract for the use of the Facility and its equipment is completed. All Participants must voluntarily complete registration and understand the terms and conditions governing their participation. Participants understand and accept there are inherent risks in participation, and these risks can include serious injury and death. Participants agree to accept these risks and also agree to abide by all the rules of the facility whilst at the facility and agrees to indemnify Hutland Pty Ltd trading as Luddenham Raceway against any claim arising from their participation at the Facility.

7.5. All Participants have a duty to act with good judgment and consideration for themselves and others, and to refrain from behaviour which could affect their safety, and the safety of others at the facility.

7.6. All Participants must obey all written instructions, verbal instructions and video instructions displayed at and or issued by the Facility at all times without objection. Failure to do will result in your removal from the Facility and no refunds will be granted.

7.7. Participants must use all equipment and safety equipment issued by the Facility as directed. Failure to do so will compromise your safety and you will be prevented from participating if you do not comply with directions issued to you and or if you tamper with equipment. If you choose to use your own safety equipment it is up to you to verify that it is safe and fit for its purpose, and if the Facility deems that you cannot use the equipment than it can require you to put the Equipment away.

7.8. Dangerous and Reckless use of the equipment at the facility will not be tolerated. Any and all Damage that you or a minor in your care cause at the Facility must be paid for in full before you leave the Facility.

7.9. Closed Circuit Television (CCTV) with audio recording capabilities is in operation at all times at the Facility.

7.10. All Participants under the age of 18 (Minors) must be accompanied at all times by an adult who is their Parent or Legal Guardian.

There is no one under the age of 16 permitted in the Motorsport Park Area at any time.

The Parent or Legal Guardian will give the Minor permission to participate in activities, and will assume all responsibility for the Minor whilst they are at the Facility.

The Parent and or Legal Guardian must present their Valid, Government Issued Photo Identification on behalf of the Minor when the Minor is checking in at registration, they will also be required to take a photograph with the Minor to verify that they were the individual who signed the waiver on behalf of the Minor and granted permission for the Minor to participate.

The Parent and or Legal Guardian is liable for all damage that the Minor may cause whilst at the Facility, and any and all damages must be paid for in full before they leave the Facility.

7.11. All Participants must ensure that they arrive in a timely manner. If you run late and cannot participate then you will not be entitled to a refund and may find yourself that your event / booking has been cancelled or reduced due to your lateness.

7.12. All Participants must ensure that they wear sturdy, enclosed footwear.

7.13. All Participants must ensure that they wear long pants and long sleeves.

7.14. All Participants must ensure that they bring an approved helmet.

7.15. All Participants must ensure that their personal vehicles that they use at the Facility have working head lights and seatbelts and that the vehicle is in good working order.

7.16. The Facility has a zero tolerance policy for Drugs and Alcohol. If you are found to be intoxicated you will be prohibited from participating and will be asked to leave the Facility. No refunds would be given under these circumstances.

7.17. Participants and Visitors are liable for any and all Damage that they may cause to equipment and or the Facility whilst at the Facility. It is a Condition of Entry that any and all damage be paid for before a Participant or Visitor leaves the Facility.

7.18. It is a condition of entry that all accidents and injuries are reported to reception before a patron leaves the premises, and same must be noted down by completing an ‘incident report form’ by all relevant parties.

8. Gift Vouchers

8.1. Hutland Pty Ltd T/A Luddenham Raceway (ABN 96 157 974 199) sells Gift Vouchers.

8.2.  Gift Vouchers are redeemable at Luddenham Raceway, located at 821 – 849 Luddenham Road Luddenham, NSW 2745, for the purpose of purchasing available Food, Drink, Merchandise and Services offered by Luddenham Raceway, up to the dollar amount listed on the Voucher.

E.g. A $50.00 Voucher entitles the holder of the Voucher, as named on the Voucher, to redeem the Voucher for $50.00’s worth of available Food, Drink, Merchandise and services.

8.3. All Gift Vouchers are valid for 36 months (3 Years) from the date of issue and cannot be extended under any circumstances.

8.4. All Gift Vouchers are only redeemable for available Food, Drink, Merchandise and Services offered by Luddenham Raceway on the day of redemption, up to the dollar amount listed on the Voucher.

8.5. Gift Vouchers must be physically presented when redeeming. Lost Gift Vouchers cannot be redeemed or replaced.

8.6. Gift Vouchers cannot be redeemed for cash and any remaining amount on the Gift Voucher will not be returned as cash, instead a credit of the remaining amount and the expiry date will be made on your Luddenham Raceway Licence (Account). Your Licence must be valid to make notes, and redeem any remaining amounts.

8.7. Gift Vouchers are non-transferable and must be redeemed solely by the person named on the Gift Voucher. Valid, Government Issue Photo Identification (Australian Drivers Licence, Australian Photo ID Card and Passport only) will be required to verify and redeem a Voucher.

8.8. Holding a Gift Voucher does not guarantee you the provision of any Luddenham Raceway Goods and or Services and we strongly recommend calling 02 9834 2366 to check availability and avoid disappointment if you intend on redeeming a specific good or service with the Voucher.

8.9. A Gift Voucher may be used to pay a portion / the whole amount of a deposit for a Group Event offered at Luddenham Raceway (such as a Mini Grand Prix, Grand Prix or Paintball Event), and will be subject to the same conditions of all deposits paid for group events in that it will be non-refundable in the event of cancellations or change of mind.

8.10. You may not use your Gift Voucher to pre-book Arrive and Drive Go Kart sessions. Gift Vouchers may only be redeemed on the day, provided that there is availability in an Arrive and Drive Go Kart Session.

8.11. The Entry Policy and Terms and Conditions of Luddenham Raceway must be observed and abided by when redeeming Gift Vouchers. Failure to do so will result in you being unable to redeem your Gift Voucher for certain Goods and or Services and you will not be offered compensation or a refund if this is the case.

8.12 A Voucher cannot be refunded for Change of Mind. The onus of ensuring that the Voucher is suitable is on the Purchaser and the Purchaser must ensure that the recipient is aware of the Terms and Conditions of the Voucher if the Voucher is being given as a gift.

9. Privacy Policy

9.1. Hutland Pty Ltd T/A Luddenham Raceway (ABN 96 157 974 199) is committed to compliance with privacy laws which apply to its businesses and which sets out standards for the management of personal information. This policy outlines our personal information management practices.

9.2. The personal information that we collect and hold is what is reasonably necessary for our business functions and activities. We may collect and hold the following personal information:

– Your and or your Guardian’s, personal details such as your name, addresses, telephone numbers, age and gender;

-Your and or your Guardian’s, Photo Identification details such as your Passport Number, Drivers Licence Number, Photo Identification Number, Medicare Number, etc.

– Whether you and or your Guardian, have taken up our offers and or subscription services, such as Facebook Sign In and receiving of mail and marketing and promotional services.

– Some of our products and or services require that we collect and hold health information from you. This information may also be collected for the purposes of determining public liability issues involving you. This information is only used to provide you with those goods and or services or to manage such issues.

– A photo of you and or your Guardian will be taken and kept on file for security purposes once you have signed up for a Luddenham Raceway Licence (for Go Karting / Paintball and or the Car Circuit). This is to verify that you are the individual who applied for and received the licence.

– Financial information such as credit card details may also be held if permission is granted by you. The sole purposes of holding such details would be to pay for goods, services and or bookings.

– You must provide us with accurate and correct information. Failure to do so will result in you being denied the ability to receive your goods and or services.

9.3. Information is held on secure servers and is obtained by you completing the required waivers and or other documents issued by Luddenham Raceway.

9.4. We collect and hold your information for security and insurance purposes as well as to ensure that we can provide you with the best possible product and or service that will be suitable for you.

9.5. We may collect, hold, use and disclose your personal information for other purposes which are within reasonable expectations or where permitted by law. You may opt out of our direct marketing to you. Information on how to do so will be contained on the direct marketing.

9.6. If you have a query or a complaint on the storage or use of your personal information please write to [email protected]

9.7. Your personal information will not be shared or provided to a third party unless it is necessary to do so.

9.8. More information about privacy law and privacy principles is available from the Privacy Commissioner. The Privacy Commissioner may be contacted at www.oaic.gov.au (email [email protected]) (Australia).

10. Photo Identification

10.1. It is a condition of Entry to the Premises, Venue and Facilities located at 821 – 849 Luddenham Road, Luddenham, NSW 2745, that Valid, Legible, Government Issued, Photo Identification must be presented when requested.

Forms of Identification that will be accepted include Australian Drivers Licences, Passports, and Australian Photo Identification cards that list the full name, age and address of an individual.

No other form of Photo Identification will be accepted. The only exception to this rule would be Birth Certificates and School issued Photo Identification to Minors under the age of 18, however their Guardian must also present Valid, Government Issued Photo Identification.

10.2. Failure to present Valid, Government Issued Photo Identification will result in you being asked to leave the premises and you must do so immediately. Failure to leave will result in the Authorities being called and trespassing charges will be laid.

11. Banning Notices

11.1. In certain instances Banning Notices may be issued by Luddenham Raceway for the Premises, Venues and Facilities located at 821 – 849 Luddenham Road, Luddenham, NSW 2745.

11.2. If you are issued with a Banning Notice, or are informed that you have been Banned from the Premises, Venue and Facilities located at the aforementioned address then you are no longer welcome at Luddenham Raceway and have a lifetime ban.

11.3. Failure to abide by the Banning Notice will result in the Authorities being called and all punishment methods granted by the law will be utilised against you.

12. Arrive and Drive Go Kart Sessions

12.1. Arrive and Drive Go Kart sessions at the Facility are subject to availability and there is no guarantee of start or end times of sessions, as conditions at the Facility and Group Event bookings may affect same.

12.2. Arrive and Drive Sessions will be comprised of Participants of varying ages and skill levels.

12.3. No group of Participants is guaranteed exclusive use of the Go Kart Track at the Facility when doing Arrive and Drive Sessions.

12.4. Adults and Minor Participants under the age of 15 will not be sent out in the same arrive and drive sessions on the Pro Circuit at the Facility.

12.5. The Pro Circuit at the Facility is for Participants aged 15 years old and above, the Rookie Circuit at the Facility is for Participants aged 8 years old to 14 years old.

13. Wet Weather / Unforeseen Circumstances Policy

13.1. The Facility is an all weather venue. This means that provided that it is safe operations at the Facility will continue in the Wet.

13.2. In the event that operations need to be halted and or cancelled and or rescheduled, due to severe weather and or unforeseen circumstances the Operators of the Facility will offer Participants credits for any part of their event / session or booking.

13.3. The credit will be for the same event / session or booking that was affected and must be redeemed within 6 months of the credit being issued. Failure to redeem the credit within the 6 month period will result in the credit being forfeit.

13.4. No refunds will be granted on the basis of wet weather and or unforeseen circumstances such as power failures, terrorist attacks, bush fires, flash flooding and more.

14. Refund Policy

14.1. Refunds will not be granted for the following reasons:

• if the problem was outside of the control of Hutland Pty Ltd trading as Luddenham Raceway;

• if you insisted on having a service provided in a particular way, against the advice of the Facility;

• if you failed to clearly explain your needs to the Operators at the Facility;

• if you hid, or failed to disclose a reason which affected your ability to participate, and subsequently lead to you being unable to continue being provided with a service;

• Change of Mind (instead a credit will be issued);

• If you are prevented from continuing your sessions due to becoming unwell and or a companion
becoming unwell (instead a credit will be issued);

• Missed Sessions (instead a credit will be issued);

• Wet Weather (instead a credit will be issued);

• Hot Weather (instead a credit will be issued);

• Disagreeing with the decision of Track Staff and or Pit Staff;

• If you are asked to leave, due to your behaviour and or if you are intoxicated;

• If you misuse the equipment and subsequently experience performance issues (i.e. double pedalling);

• Equipment malfunctioning due to wet weather conditions and or karts having to be changed (instead a replacement kart will be issued when Operators are notified about issues).

• Wait Times (instead a credit will be issued), please note that during peak trading periods wait periods at the Facility can be between 10 minutes – 9 hours, and if there is an accident on track or should any other unavoidable delay occur, the wait period previously estimated may lengthen without warning. This is a part of the experience and is something which cannot be helped;

• Other Participants (e.g. having other drivers in your race). Please note that when participating in an arrive and drive session you DO NOT get to choose who you are racing with and will be put with a range of individuals with varying skill levels, if you wish to avoid this then you will need to book a Group Event Package.

• Receiving a Black Flag in a Go Kart Session at the Facility. The flagging system is part of the racing experience, and cannot be used as a reason to request or be entitled to receive a refund; and

• Go Kart Sessions being under a ‘Yellow Light’ at the Facility. The lightning system, and the subsequent restriction of speed is a part of the racing experience which is designed to ensure that Participants are kept safe whilst racing, and cannot be used as a reason to request or be entitled to a refund.

14.2 Guarantee on Service:

All services will be:
• provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage;

• fit for the purpose or give the results that you and the business had agreed to; and be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage

• delivered within a reasonable time period, it is noted from the outset that during peak trading periods wait periods can be between 10 minutes – 9 hours, and if there is an accident on track or should any other unavoidable delay occur, the wait period may lengthen without warning. This is a part of the racing experience and is something which cannot be helped. No guarantees may be given that your sessions will start or end by a certain time period, as a range of factors may affect start, end and wait periods, which are out of the control of the service provider.

• Please note that if you insist on having a service provided in a particular way that is against the service provider’s advice, the service provider cannot be held responsible if the result is unsatisfactory because the method was unsuitable.

15. Aggressive Behaviour / Offensive Conduct Policy

15.1. Actions, language, behaviour and conduct that interferes with the family atmosphere, and enjoyment of the Facilities, or that is deemed to be offensive by the Operators of the Facility, will not be tolerated and will result in the ejection of the offending person without refund or compensation.
15.2. Behaviour that is prohibited includes, but is not limited to, offensive clothing, profanity, vulgar gestures, running, spitting, loud and aggressive behaviour, aggressive displays of attention and actions, fighting and or any behaviour that would endanger the safety of others.

15.3. It is prohibited to nominate offensive words/ terminology and offensive images when registering at the registration kiosks. The information requested must be the same information listed on the approved Government Issued Photo Identification Documents held by Visitors and Participants.

16. Incident Policy

16.1. Participants agree to assist in any way possible in any investigation of any incident that they may have witnessed, or in which they may have some degree of involvement when requested.

16.2. it is also agreed that there will be no obstruction or hindrance of any such investigation, and full, open and honest cooperation shall be given by Participants.

16.3. Participants agree to correctly and honestly complete Incident Waivers when requested.

17. Photography Policy

17.1. Photography and any filming the Facility for commercial or promotional purposes is prohibited without prior written permission. Publication of images or film taken at the Facility for commercial or promotional purposes is also prohibited without prior written permission.

17.2. Any Photography or Videography taken for private purposes must comply with all legal requirements, and must not portray the Facility in a negative manner. Hutland Pty Ltd trading as Luddenham Raceway, reserves the right to prohibit photography or videography at any times at the Facility and may request that photos and or videos be deleted or removed from publication if it believes that it portrays the facility in a negative light.

17.3. If you are observed filming or photographing whilst at the Facility, and have not received clearance to do so, then the Operators of the Facility reserve the right to confiscate the footage and or photographs and may ask you to delete all footage or photographs and any such directives must be complied with immediately.

17.4. All Photographers and Videographers are reminded that they must not record any images or videos of minors if they do not have the consent of the parent or guardian of the minor. If at anytime you are found to be taking videos and or photos that believed to be inappropriate, obscene and or infringe the rights of any other person then you will be reported to the appropriate authorities and will be issued with a Lifetime Ban from the Facility.

17.5. All Photographers, Videographers and Drone operators are liable for any damage that they may cause at the Facility whilst they are taking photos / videos and or operating a drone. Any damage caused must be paid for BEFORE you leave the Facility.
17.6. All Photographers, Videographers and Drone operators must listen to the directions and information given by Staff at the Facility at all times. Failure to abide by directions will result in you being prohibited from taking images / videos and or operating a drone and you may be asked to leave with no refunds given.

17.7. All Photographers, Videographers and Drone operators must hold a Luddenham Raceway Licence before they take photos, videos and or operate a drone at the Facility. Licences are issued by Reception at the Facility.

18. Visitors

18.1. All Visitors to the Facility have a duty to abide by the Terms and Conditions of Entry whilst at the Facility, even if they are not participating in a service offered by the Facility.

18.2. Visitors are only permitted to the Facility for a valid purpose such as obtaining more information about goods and or services offered by the facility for the purpose of making a booking, or supporting a participant.

18.3. If you are found to have attended the Facility for an unlawful purpose the Authorities will be informed and Trespass Charges will be laid.

18.4. Visitors are required to Identify themselves at reception whilst at the facility, and may be required to present valid, government issued photo identification to confirm their identity. Failure to do so will result in your removal from the Facility.

18.5. Competitors to the Facility are not permitted to attend the Facility unless they have received written authorisation granting their approval and entry. If you are found to be a competitor to the facility who has gained access for the purpose of Corporate Espionage, then you will be immediately removed from the Facility, and no refunds will be granted and you will be issued with a Lifetime ban from the Facility. Your unlawful access will be considered to be trespass and will be treated as such and reported to the relevant authorities.

19. Outside Food and Drink not permitted

19.1. Outside Food and Drink is not permitted at the Facility.

19.2. If Catering is required you may contact the Facility for a list of approved caterers.

19.3. Should outside food and drink be bought in, after approval is granted (such as special dietary requirements) and an area is left untidy and requires clean up and the removal of rubbish, then a clean-up fee will be imposed by LR and will be payable before leaving.

20. Damage / Loss / Theft to Personal Property and Equipment

20.1. Hutland Pty Ltd trading as Luddenham Raceway takes no responsibility for any personal property or equipment that may become lost, damaged and or stolen whilst at the Facility.

20.2. All Visitors and Participants must ensure that they take appropriate care and responsibility for their own belongings and possessions as Hutland Pty Ltd trading as Luddenham Raceway will not be liable for any loss / damage or theft that may occur at the Facility.

21. Sun Safety Policy

21.1. The Facility is an outdoor venue, this means that all Patrons, Staff and Visitors must take adequate sun safety precautions to minimise the risk of exposure to the sun.

21.2. Hutland Pty Ltd trading as Luddenham Raceway will not be held liable for failures to take adequate sun safety precautions.

22. Disclosure Policy

22.1. All visitors and Participants at the Facility must ensure that they are physically and mentally fit and able to Participate at the Facility and will be required to sign Waivers confirming at Registration same.

22.2. You must alert the Operators at the Facility if you, or someone in your care, suffers from a physical or mental injury and or disability and if you or someone in your care is on medication which may affect or impact on your ability to Participate in any of the recreational activities that the Facility offers.

You MUST NOTIFY Operators at the Facility of any pre-existing conditions at the front desk BEFORE booking in for Karting / Paintball / Utilising the Tracks so that your competency can be assessed.

Failure to do so may result in you being declared not competent to participate and you will not be entitled to a refund.

Conditions which MUST BE DECLARED include, but are not limited to the following: Pregnancy, Autism, Motion Sickness, Physical Impairments / Injuries (including spinal)and Mental Impairments / Injuries. Staff may request that a Doctor’s Certificate be presented which certifies your fitness to participate, you can be excluded if you do not provide same when requested.

22.3 Important Information for Supervisors and Carers:
It is the responsibility of the supervising carer or guardian of anyone of diminished intellectual or physical capacity to notify Operators of the Facility, of diminished capacity prior to coming to the Facility or booking in for an event / session.

For safety reasons, people with diminished capacity will not be permitted to participate in certain activities available at the Facility without prior written clearance received by the Facility from the Medical Practitioner of an affected Participant.

23. Hot Weather Policy

Luddenham Raceway will only allow participation in Racing or Paintball Events provided that it is safe to do so.

It is YOUR responsibility as a Participant to notify Staff immediately if you are feeling unwell or have experienced any heat related injuries.

Heat related injuries include but are not limited to Heat Exhaustion, Heat Cramps, Heat Strokes, Sun Burn, Burns and or Blisters.

If you are experiencing headaches, nausea, dizziness, weakness, irritability, thirst, and heavy sweating you may be suffering from a Heat Related Injury and you should consider your ability to participate.

If Staff believe that you are unable to participate it is at their discretion to remove you from your event and they may call a Medical Professional to treat you.

In the event that your event is postponed or cancelled due to extreme weather conditions which would make it dangerous or unsafe to proceed, you will be contacted and advised by Luddenham Raceway Staff, and their decision will be final.

Should Events need to be cancelled / postponed an Event Credit will be applied to your Luddenham Raceway Card for the session/s (or any part thereof) which you have been unable to complete on the day, and this credit may be redeemed at a mutually agreeable time

OR if you have not begun your Event, then your deposit will be transferred to your rescheduled event date.

You have six (6) months from the original booking date to reschedule your event.

Should you not nominate and rebook a new date within a period of six (6) months from the original booking date, you will forfeit your credit/s and or deposit.

The event being rebooked may only be the same event or a greater package. You cannot use the credit and or deposit to do a lesser package.