Terms & Conditions
1 General
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 Premises, Venues and Facilities located at 821 – 849 Luddenham Road, Luddenham, NSW 2745, herein referred to as “Luddenham Raceway” (or “Luddenham Raceway Motorsport Park” when referencing specifically the Main Circuit and enclosed area where Motorsport Activities take place).
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.
For the purposes of the “The Final Pass Event”, herein after referred to as “The Final Pass Event” or “The Event”, the activity that participants will be completing will be a Track Day, and at the conclusion of this Track Day, Luddenham Raceway Management will award a prize to the Participants who at the end of the Event hold the 1st, 2nd and third overall personal best lap times. The Event that is taking place is not a timed race event and is not structured in a racing format.
All Drivers, Pit Crew, Passengers, Photographers and any other associated persons will be referred to as “Participants”, however only participants who have registered and paid to be Drivers at the Event will be eligible to participate in driving activities and be able to set their Personal Best Lap Time during the Event.
All Participants acknowledge and agree that they are aware of the terms and conditions outlined in this agreement and are aware and agree that they are only allowed to participate in the Event on the understanding that their Participation is governed by this document, the Waiver document and the terms and conditions of entry at the Venue.
2 Driver Waiver and Limitation of Liability
All Participants will be required to sign a Waiver before they Participate. Failure to do so will result in participants being unable to participate in the event (a copy of the Waiver can be found at the end of this document).
Participants acknowledge and agree that the Event organized by Luddenham Raceway and its servants and agents is in the nature of an ‘extreme sport’ and as such, has inherent dangers and risks, including risks of economic loss, physical loss, permanent and severe injury and or death to Participants.
Participants further acknowledge and agree that due to the nature of the activity, it would be unreasonable for Luddenham Raceway to be in anyway responsible for any economic loss, physical loss, damage, permanent and severe injury and or death of Participants and the Participant, and on behalf of the participants heirs, successors, executors, administrators agents and assigns might otherwise have against Luddenham Raceway, its servants and agents, hereby, to the full extent permitted by law, waives all of his or her legal rights of action against and fully releases Luddenham Raceway and its servants and agents for loss, damages, injury or death howsoever arising out of or in relation to the Participation of the Participant in the activities conducted by and organized by Luddenham Raceway including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of Luddenham Raceway and its servants and agents.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (Australian Consumer Law)
Under the Australian Consumer Law which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that Luddenham Raceway 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, made known to ADS; and
- might reasonably be expected to achieve any result you have made known to ADS.
However, ADS is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign Luddenham Raceway’s Waiver, you will be agreeing that your rights to sue Luddenham Raceway under the Competition and Consumer Act 2010 (Cth) 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 the waiver.
NOTE: The change to your rights, as set out in this waiver, does not apply if your death or injury is due to gross negligence on Luddenham Raceway’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.
By signing Luddenham Raceway’s Waiver, you agree that the liability of Luddenham Raceway in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW) for any:
- death;
- physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
- the contraction, aggravation or acceleration of a disease;
- the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance,
occurrence, activity, form of behaviour, course of conduct or state of affairs:
- that is or may be harmful or disadvantageous to you or the community;
- that may result in harm or disadvantage to you or the community,
that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities is excluded.
MOTORSPORT IS DANGEROUS. ACCIDENTS CAN AND WILL HAPPEN. DECISIONS OF LUDDENHAM RACEWAY STAFF ARE FINAL. PARTICIPANTS MUST COOPERATE AND IMMEDIATELY FOLLOW ALL INSTRUCTIONS AT ALL TIMES.
To the extent permitted by s 5N of the Civil Liability Act 2002 (NSW) and s 139A of the Competition and Consumer Act 2010 (Clth) and any other applicable laws, Participants release Luddenham Raceway and its servants and agents from any liability for damage, loss, liability, injury and or death they may suffer as a result of their visit to the Venue howsoever caused including due to any negligence, other act or omission of The Parties.
It is a Condition of Entry that Participants acknowledge that they are responsible for their own safety and for the safety of any Pit Crew Minors, Family Members and or Friends, Volunteers and Assistants accompanying them.
Participants enter the Venue entirely at their own risk. Participants agree to compensate Luddenham Raceway for any damage, loss, liability or injury that Luddenham Raceway may suffer as a result of a Participants acts, be they accidental, wilful and or reckless, and or omissions at the Venue.
Participants are responsible for their own property. Luddenham Raceway may refuse Participants entry into, or remove Participants from Luddenham Raceway if participants do not obey these Terms and Conditions (as well as any others), Participants fail to follow instructions, Participants become loud, threatening or aggressive, Participants are at risk of causing harm to yourself or others, Participants interfere with the equipment, safety or comfort of other persons, Participants have lost / stolen / counterfeit / damaged / unreadable credential/s, or Luddenham Raceway may reasonably suspect a Participant of any of the above.
3 General Obligations of the Driver
The Participant agrees that he or she:
(a) will pay the Entry Fee and sign any Waivers or documentation required to participate;
(b) must have a blood alcohol content of zero and not be affected by medication or illicit drugs;
(c) is not aware of any medical or psychological condition that would prevent their participation in the
Event and will seek medical clearance at its own cost if it is required by Luddenham Raceway;
(d) will be present at such times and dates notified by Luddenham Raceway for the conduct of the Event;
(e) will attend all compulsory briefings;
(f) will follow all instructions and directions, including safety instructions and Instructor directions at all times;
(g) will cooperate with Luddenham Raceway and its representatives in relation to the Event;
(h) consents to Luddenham Raceway using the voice, image, name and other personal information of the Participant in
connection with Luddenham Raceway’s business;
(i) agrees to cooperate with Luddenham Raceway’s reasonable requests to conduct promotional activities;
(j) agrees not to disparage Luddenham Raceway or injure the reputation of Luddenham Raceway, its officers, employees or staff in any forum including social media, and understands that if it does not comply with this directive that will be denied the right to participate and may be liable for any harm caused;
(k) will direct any press or third party queries in relation to the Event to Luddenham Raceway;
(l) will direct any complaint in writing to [email protected];
(m) accepts that Luddenham Raceway, its officers, agents or employees may at any time terminate the Participant’s right to race,
disqualify or eject the Participant from the Event for any breach of these terms and conditions and any other terms and conditions at the Venue;
(n) accepts that all entry fees, including part payments, upgrades or other associated costs, are strictly
non-refundable or non-transferable under any circumstances;
(o) will comply with all the terms and conditions of this Agreement;
(p) will be liable for any medical costs in the event that an ambulance is called for the Participant or medical assistance is required;
(q) will be liable for any and all damage or breakages that may occur whilst the Participant is at the Venue;
(r) will be liable for ensuring that their Vehicle will pass scrutineering for the Event, and is in good working order, as no refunds will be granted for failing to pass scrutineering; and
(s) will ensure that they are properly attired, and that their Pit Crew, Passengers and any other associated individuals are properly attired, as entry may be denied to the Event on the basis of improper attire and no refunds will be granted in this instance.
4 Payment
The Participant understands that prepayment will be required to guarantee their place in the Event, and payment may be made by following the links on the Luddenham Raceway website (www.luddenhamraceway.com) or by paying on site at the Venue at Reception.
Failure to make payment will mean that a place is not held for the Participant and they will not be permitted access to the Event.
5 Cancellation / Suspensions / Delays / Refunds
5.1 A minimum of 10 Participants must have booked and paid for the Event for the Event to proceed. In the Event that this does not occur then the Event will be cancelled by Luddenham Raceway and all entries will be refunded. No compensation will be offered should the Event be cancelled by Luddenham Raceway.
5.1 The Event is an ALL WEATHER EVENT. This means that Participants cannot seek a refund to cancel their spot on the basis of wet weather or hot weather.
5.3 Luddenham Raceway does not provide refunds for change of mind or on the basis that a participant cannot attend due to personal reasons, conflicts with work schedules, illness, injury or any other unforeseen circumstances. Positions are limited to the Event so places are non-refundable and cannot be redeemed for other goods or services at Luddenham Raceway.
5.4 Should the Event be suspended, postponed or cancelled due to extreme weather conditions or unforeseen circumstances (such as Accidents, Crashes, Power Failures, Water Failures, Bushfires, Sudden Storms, Acts of Terrorism or any other act or occasion that would render Luddenham Raceway unable to operate) which would make it dangerous or unsafe to proceed (as determined by Luddenham Raceway), Participants will be contacted Luddenham Raceway as soon as possible, and Luddenham Raceway’s decision will be final.
5.5 Should Luddenham Raceway make the decision to suspend, cancel or postpone the Event, Participants will be advised of a rescheduled date for the Event as soon as is practicable. No refunds will be granted should the Event need to be rescheduled or postponed. No compensation will be offered should the Event be rescheduled or postponed by Luddenham Raceway.
5.6 No refunds and or compensation will be given in the event of an unavoidable delay during the Event.
6 Insurance and Damage
6.1 Participants will need to ensure that they obtain their own insurance for any injuries and or personal damage they may sustain whilst at the Venue, as Luddenham Raceway will not be held responsible for any personal injuries and lost, damaged or stolen property whilst the Participant is at the Venue.
6.2 Should an Ambulance be called or medical service be rendered, Participants will be responsible for these and any associated costs.
6.3 In the Event that a Participant causes any Damage / loss/ destruction to the Venue and or its property, belongings and or equipment, or causes damage to the personal property of another participant or person at the Venue, then the Participant will be liable for any and all associated costs to repair, rectify and replace the damage, and must ensure that the damage is paid for before they leave, or civil action will be taken, including but not limited to debt recovery action, and the Participant agrees, acknowledges and understands that they will be liable for the costs of the damage and any legal action undertaken to enforce the debt.
6.4 Luddenham Raceway Staff will be responsible for assessing who is at fault for any damage, and their decision will be final.
6.5 Luddenham Raceway will be responsible for obtaining quotes to repair any damage, and the participant must pay the quote as stated, as well as any interest costs if there is a delay in making payment by the Participant.
6.6 Participants acknowledge and agree that a caveat may be taken by Luddenham Raceway, without further warning, as security against a Participant’s property, in the event that debts owed to Luddenham Raceway are not paid when requested.
7 Structure of Event
7.1 “The Final Pass Event “ is not a timed race event or a racing format event, rather it is an Track Day that will award a prize to the Participants who at the end of the day hold the 1st, 2nd and 3rd overall Personal Best Lap Times recorded during the 2 x Full Circuit Laps granted to participants.
The purpose of this event is for Participants to set their own personal best time, and no racing will take place.
Participants will all be issued with a MyLaps timer by Luddenham Raceway Staff to use during the Event, this timer will record all of their times electronically. Based on the times recorded the 1st, 2nd and 3rd Personal Best times will be determined and as such prizes awarded by Luddenham Raceway Staff.
Personal Best Times will be based on the results and data gathered by the MyLaps timers on Participants Vehicles.
Any decisions and or instructions issued by Luddenham Raceway Staff will be final and must be followed by all persons and participants inside the Venue. Failure to do so will result in immediate removal and no refunds will be granted in this instance.
Should additional time be required for Participants to complete their 1 x Warm Up Lap, 2 x Full Circuit Laps and 1 x Cool Down Lap then the Event Time Frame stated below may be adjusted. It is noted that the Event Time Frame is a guideline only and will be amended on the day of the event as required.
7.2 Indicative Event Time Frame
6:30am – 8am: Registration, Scrutineering, Briefing and Track Walk take place.
8am – 12pm : All Participants will be grouped by Luddenham Raceway Staff and sent out for Open Practice Laps.
12pm – 4pm: Each Participant will receive 1 x Warm Up Lap, 2 x Full Circuit Laps and 1 x Cool Down Lap to set their Personal Best Time on Track. During this period vehicles will be staggered on track.
5pm – 6pm: Luddenham Raceway Staff will award the Participants who hold the 1st, 2nd and 3rd overall personal best lap times with prizes.
8 Compliance with all Laws
Participants must comply at their own cost and expense with all acts, ordinances, rules, regulations, other delegated legislation, codes and the requirements of any Commonwealth, State and Local Government departments, bodies, and public authorities or other authority. Participants must indemnify Luddenham Raceway from and against all actions, costs, charges, claims and demands in respect thereof.
These terms and conditions are governed by, and will be construed in accordance with the laws from time to time in force in New South Wales, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of that State .
9 Compliance with Venue Requirements
All Participants must ensure that they familiarize themselves with the Terms and Conditions of Entry displayed inside and outside the Venue as well as on the Waivers that all Participants sign. Failure to comply will result in your removal from the venue and no refunds will be given on the basis that you or a participant was removed from the venue or denied entry due to non-compliance.
10 Limitation on Liability and Indemnities
10.1 Liabilities
The Participant warrants and agrees that:
- Neither Party is liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill; and
- The Participant indemnifies Luddenham Raceway against all Claims and Losses in connection with the Event and Motorcars, including but not limited to:
- Claims and Losses in relation to damage and injury suffered by a Participant or third party;
(ii) Claims and Losses in relation to intellectual property of a third party.
- Participants indemnify Luddenham Raceway, its related bodies corporate, their officers and employees, and service providers from and against all:
- Liability to any third party;
- Damage to property; and
- Other liability, damage or loss;
insofar as the injury damage or other liability, damage or loss is attributable to that Driver’s negligence, breach of these terms and conditions, or unlawful or wilful action in connection with these terms and conditions, their performance, or the failure to perform them.
10.2 Limitation of Liability
To the extent permitted by law, Luddenham Raceway excludes all representations and warranties, express or implied, other than those contained in these terms and conditions. Where Luddenham Raceway is found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude (such as under the Competition and Consumer Law Act 2010 (Cth)), Luddenham Raceway’s liability is limited (to the extent permitted by law) at its option to the following:
- in the case of goods supplied or offered by it:
- to the supply of those goods again; or
- to the payment of the cost of having those goods supplied again; or
- a full or partial refund of money paid; or
- in the case of services supplied or offered by it:
- to the supply of the service again; or
- to the payment of the cost of having the service supplied again;
- or a full or partial refund of money paid.
Luddenham Raceway, its related bodies corporate, its directors, and its employees accept no liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of Luddenham Raceway’s negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, provider institutions or agents.
11 Miscellaneous
11.1 Photography
Photography and any filming at Luddenham Raceway for Commercial or Promotional purposes is prohibited without prior written permission. Publication of images or film taken at the Venue for is prohibited without prior written permission from Luddenham Raceway.
Photography or Videography taken for private purposes must comply with all legal requirements, and must not portray the Facility in a negative manner and cannot be used by another business for any other purpose without written approval of Luddenham Raceway.
Luddenham Raceway, reserves the right to prohibit photography or videography at any times at Luddenham Raceway and may request that photos and or videos be deleted on site and or removed from publication if it believes that it portrays the facility in a negative light or is not in keeping with Luddenham Raceway values.
If Participants are observed to be filming or photographing whilst at the Facility, and have not received clearance to do so, then Luddenham Raceway reserves the right to confiscate the footage and or photographs and may ask Participants to delete all footage and or photographs and any such directives must be complied with immediately.
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 any time Participants are found to be taking videos and or photos that are believed to be inappropriate, obscene and or infringe the rights of any other person then the Participant will be reported to the appropriate Authorities and will be issued with a Lifetime Ban from the Facility.
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 Participants leave Luddenham Raceway.
All Photographers, Videographers and Drone operators must listen to the directions and information given by Staff at Luddenham Raceway at all times and must hold the appropriate Government issued licences to operate their equipment in public areas (e.g. CASSAR Licence to operate a drone). Failure to abide by directions will result in Participants being prohibited from taking images and or videos and or operating a drone and Participants may be asked to leave with no refunds given.
All persons who enter the Venue consent to Luddenham Raceway taking videos and photographs for security and or promotional purposes.
11.2 Late Arrivals
Participants acknowledge and understand that if they arrive late to the Event, they do so at their own peril. No refunds, compensation or special allowances will be made for latecomers and you may be denied entry to the Event due to lateness and missing important safety briefings.
11.3 Zero Drug and Alcohol Tolerance
The Venue has a ZERO drug and alcohol level policy. In the Event that a participant is found to have consumed drugs or alcohol they will be asked to leave and no refunds will be granted
11.4 No Smoking
The Venue has a no smoking policy. Participants found to be smoking will be asked to leave and will receive an on the spot fine of up to $500.00 per infringement and will also be liable for a clean up fee of up to $500.00 per infringement.
11.5 Refuelling
Participants acknowledge and understand that Refuelling is strictly prohibited in all areas at the Venue, except in the designated refuelling area located in the marked space inside the Motorsport Park 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.
11.6 Clean Up Fee
Participants acknowledge and understand that they must leave any Area they are in free of mess and debris, and failure to do so will result in a clean up fee of up to $500.00, as well as being liable for any and all associated clean up costs and waste disposal costs.
11.7 Luddenham Raceway Decisions are Final
Participants acknowledge and understand that Safety messages and directions from the staff must be obeyed and observed at all times. Failure to do so will result in you being escorted from the venue and no refunds will be given for any part of your booking not yet completed.
11.8 Zero Tolerance for Violence, Threatening, Intimidating and or Abusive Behaviour
Participants acknowledge and understand that the venue has a ZERO tolerance level for Violence, threatening, intimidating or abusive behaviour.
Physical Violence or displays of aggression, shouting, swearing, threats and or any other behaviour that Luddenham Raceway deems to be antisocial and unacceptable will not be tolerated and will be met with immediate removal, a life time ban to the Venue and authorities being called.
Decisions of Luddenham Raceway in relation to such behaviour are final.
11.9 Banning Policy
Participants acknowledge and understand that Lifetime Bans are issued at Luddenham Raceway’s discretion, and in the evet that a Ban is issued it must be followed or enforcement action will be taken.
Any persons who seek to sneak in a person who has been banned, or otherwise circumnavigate a banning order will face removal and a Lifetime Ban from Luddenham Raceway themselves and no refunds will be given in the event that a person with a lifetime ban attempts to gain unauthorized access to the Venue.
11.10 Delays
Participants acknowledge and understand that from time to time unavoidable delays may occur. Luddenham Raceway is not responsible for delays and whatever action they see fight to mitigate delays will be followed by all Participants. No refunds or compensation will be offered for unavoidable delays.
11.11 Health
Participants acknowledge and that they must ensure that they are in good health and are fit to Participate. Pregnant women are not permitted to participate under any circumstances. It is a Participant’s responsibility to understand if they are fit to participate and in some circumstances Luddenham Raceway may require a Doctors Certificate stating that a Participant is fit to Participate. Failure to provide same will result in you not being eligible to participate. No refunds will be granted in the event that a Participant is not medically fit to participate.