JAGUAR LAND ROVER EXPERIENCE TERMS & CONDITIONS
IMPORTANT – THE TERMS AND CONDITIONS (“TERMS”) APPLY TO ALL GUESTS PARTICIPATING IN AN EXPERIENCE WITH US, BY SIGNING THIS FORM, YOU AGREE TO BE BOUND BY THE TERMS SO PLEASE ENSURE THAT YOU READ THEM CAREFULLY.
EXPERIENCE TERMS AND CONDITIONS
The Jaguar Land Rover Experience (the “Driving Experience”) involves driving in exceptional circumstances, where there are inherent risks of damage to both you and your property. This document contains pre-conditions with which you must confirm you comply and general terms to which you must agree in order to participate in the Driving Experience.
1 Your Physical Condition
By participating in the Driving Experience, you agree that:
(a) The course may be unsuitable for those who suffer from back problems (or any other similar conditions). It may also be unsuitable for those who are pregnant. We would therefore recommend that you do not participate in the Driving Experience if you suffer from back problems, heart problems (or any similar conditions or are pregnant).
2 Your Obligations
You agree that:
- (a) Whilst attending the Driving Experience, you will at all times follow all lawful instructions and any other
relevant rules notified to you.
- (b) You will not at any time whilst attending the Driving Experience be under the influence of alcohol or any
drugs, which may impair your alertness, and ability and you will behave in a safe, appropriate and
- (c) You will at all times exercise the necessary care and attention whilst participating in the Experience.
- (d) If you suffer from any disability that could impair your access to the facilities and/or vehicles used in the
Driving Experience, you will inform us prior to attending the Experience so that we can make any
required and available adjustments.
- (e) You will be responsible for the safekeeping of any property (e.g. cameras) you take with you on the experience.
- (f) During the drive as a passenger you must all times wear the seat belt.
3 Our Rights
- (a) We may, at our sole discretion and at any time, decline or terminate your attendance at the Driving Experience in the interests of safety or otherwise.
- (b) We reserve the right to amend, or cancel, the Driving Experience, in full or in part, without prior notice if we have reasonable grounds to do so.
- (a) Children between the ages of 8 and 17 years (inclusive) and over 1.5m tall are only allowed in the vehicle on the basis that they are passengers and comply with the same obligations as you agree to in point 2. Children between the ages of 3 and 8 or under 1.5m tall are only allowed to participate as passengers on the basis that they comply with the same obligations as you agree to in point 2 and the parent/guardian complies with 4(b) below.
- (b) All children must be seated in the appropriate child car seat/booster seat and such seat must be appropriate for, and fitted correctly by you to, the vehicle.
- (c) The parent/guardian agrees to be responsible for the child named and his/her actions and will ensure
he/she complies with his/her obligations.
By signing the parent/guardian is agreeing to the application of sections 5 & 6 below in respect of the child’s participation in the Driving Experience.
There are very limited facilities for non-participating children and families wanting to wait for friends/relatives who are on course. Children must be supervised by a parent or guardian at all times and at all times remain the responsibility of their parent or guardian.
- (a) Your safety is our highest priority but you acknowledge that the Driving Experience involves driving in exceptional circumstances where there are inherent risks of death or damage to both you and your property. By participating in the Driving Experience, you accept these risks.
- (b) You agree that you accept that you share in the responsibility to maintain your own safety and that of others and of property by your own actions or conduct.
- (c) We shall in no circumstances be liable to you to the extent any liability arises due to your non-compliance with these terms and conditions.
- (d) To the extent permitted by law, you shall hold harmless and release us and our related bodies corporate from any responsibilities and liability for any costs, losses or damage arising from any act or omission whatsoever (whether inside or outside our control or by negligence, neglect or otherwise) of you, us, or our personnel, on or relating to any Driving Experience. This limitation of liability extends to any loss or damage arising from any accident, detention, diversion or theft in regard to luggage or personal belongings, or in respect of direct or indirect or consequential loss or damage, death, injury, medical expenses, sickness, irregularity, delay liability and additional expenses, inconvenience or any event beyond our control including accident or failure to machinery or equipment, or other services, or any acts of God, dangers, fire, acts of government or other authorities, delays, strikes or cancellation of changes in itinerary or schedules whatsoever, howsoever by whosoever caused.
- (e) At any time you may withdraw from participating in the Driving Experience, in which event you must notify an instructor on site who will arrange or give you directions for your safe departure from the site.
- (f) Nothing in these terms and conditions shall exclude any liability that cannot be excluded by law.
6 Acknowledgement of Understanding
- (a) You confirm that you have read this document and fully understand its contents. You understand that by signing this document you agree to be bound by the above terms and conditions.
- (b) By signing this disclaimer, any photographs taken or images captured during the Driving Experience may be used for future marketing/ promotional purposes.
2020 ROLEX AUSTRALIA GRAND PRIX TERMS AND CONDITIONS
Agreement to Assume Risk, Waiver, Release and Indemnity (Participants)
WARNING: YOU MUST NOT PARTICIPATE IN THE ACTIVITY IF YOU ARE:
- Under the height of 3'5
- Under the influence of drugs or alcohol (i.e.You must have a blood alcohol content of 0.00%)
- Affected by:
- recent stroke or related surgery or illness
- heart or respiratory conditions, or cardiac disease
- neck or back pain, ailments or weakness
- broken bones or joint or limb ailments
- high blood pressure or aneurysms
- prescription medication that may adversely affect safe participation
- any other pre-existing medical or physical or mental condition that prevents participation
Australian Grand Prix Corporation (AGPC), the Crown in the right of the State of Victoria, the Minister administer- ing the Australian Grands Prix Act 1994 (Vic), the Minister administering the Crown Land (Reserves) Act 1978 (Vic), Federation Internationale de l’Automobile, Formula One Marketing Limited, Formula One Management Limited, Formula One World Championship Limited, Formula One Asset Management Limited, Formula One Hospitality and Event Services Limited (UK), Formula One Licensing B.V., Confederation of Australian Motor Sport Ltd, Allsport Management S.A., Parks Victoria, the State Sport Centres Trust, APP Corporation Pty Limited and all other persons involved in the conduct, promotion and organisation of the Activity and the Australian Grand Prix, including officials, marshals, rescue, medical staff, the competitors and drivers (such parties to include where relevant all directors, officers, employees, agents, contractors and affiliated companies and their respective personnel, and assigns). “Suppliers” also includes suppliers of infrastructure and other equipment used to enable the event and the Activity to take place, as well as sponsors of the event and the Activity.
Effect and Purpose of the Agreement
- I acknowledge and agree that:
- a. This Agreement to Assume Risk, Waiver, Release and Indemnity (Agreement) is an enforceable contract between me, AGPC and the other Suppliers (in addition to any other contract between me, AGPC and any other Suppliers);
- b. I am entering into the Agreement in consideration of AGPC and the other Suppliers allowing me to participate in the Activity and making the Venue available for use.
- c. My participation in the Activity is subject to the terms and conditions contained in the Agreement.
- d. The laws of the state of Victoria and the Commonwealth apply to this Agreement.
- I acknowledge that the purpose of the Agreement is to ensure that I am aware of and properly understand the risks involved in and associated with the Activity and to limit the liability of AGPC, the Suppliers and their directors, officers, servants and agents in respect of any death, injury, loss or damage suffered by me or any other participant in the Activity in the way set out in the Agreement.
- I acknowledge and agree that I am not: a. Affected by:
i. Recent stroke or related surgery or illness;
ii. Heart or respiratory conditions, or cardiac disease;
iii. Neck or back pain, ailments or weakness;
iv. Broken bones or joint or limb ailments;
v. High blood pressure or aneurysms;
vi. Prescription medication that may adversely affect safe participation in the Activity; or vii. Any other pre-existing medical or physical condition that prevents safe participation.
b. Under the influence of drugs or alcohol.
c. Have blood alcohol content (BAC) above zero (0.00).
Acknowledgment and Assumption of Risk
4. Participation in the Activity involves risks, including but not limited to:
a. Vehicles or parts of them colliding with other vehicles, persons or property;
c. The failure or unsuitability of facilities or equipment at the Venue (including grand-stands, fences and guard rails) to ensure your safety;
d. A defect in the Venue including dangerously positioned debris or equipment;
e. Other participants in the Activity acting dangerously, recklessly or with lack of care or skill;
f. Acts of violence and other harmful acts (whether intentional or inadvertent) committed by persons attending the Venue or participating in the Activity;
g. Negligence of Suppliers, including failure to protect you from risks and hazards of the Activity; h. High levels of noise exposure;
j. Changing weather conditions;
k. The following injuries, conditions or trauma, including an aggravation, acceleration or recurrence of the same:
i. Brain damage;
ii. Heart attack or stroke;
iii. Neck, back or spinal injury;
iv. Broken bones or injuries to joints or limbs; v. Blackout or fainting;
vi. Burns, cuts or abrasions;
l. Death; and/or
m. Damage to your clothes or personal property or equipment
v. Blackout or fainting;
vi. Burns, cuts or abrasions;
If you or the Participant does not wish to be exposed to these risks, then you or the Participant should not participate in the Activity, and are free to elect not to participate in the Activity.
5. I acknowledge and agree that:
a. The Activity may be dangerous;
b. The Activity may involve the particular risks identified above and other inherent or obvious risks and hazards;
c. I will participate in the Activity at my own risk; and
d. Participation in the Activity may cause me personal injury, death or property damage, as a result of which I may suffer loss of income (salary or wages etc) and other forms of financial, economic or indirect or consequential loss.
Warning under the Australian Consumer Law and Fair Trading ACT 2012
- Under the Australian Consumer Law (which is part of the Competition and Consumer Act 2010 (Cth))(ACL), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named in the Deed, being AGPC and the other Suppliers, is required to ensure that the recreational services it supplies to you:
a. Are rendered with due care and skill;
b. Are reasonably fit for any purpose which you, either expressly or by implication, make known
to the Suppliers; and
c. Might reasonably be expected to achieve any result you have made known to the Suppliers.
- Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) (ACLFTA), the Suppliers
are entitled to ask you to agree that these statutory guarantees do not apply to you.
- If you sign the Agreement, you will be agreeing that your rights to sue the Suppliers under the ACLFTA 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 this Agreement, in particular clause 10 & 11.
- NOTE: The change to your rights, as set out in the Agreement, does not apply if your death or injury is due to gross negligence on the Suppliers' 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. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the ACLFTA.
Waiver, Release and Indemnity
I acknowledge and agree to the extent permitted by law, including s139A of the ACL and s22 of the ACLFTA, the Suppliers, their directors, servants and agents are released from any claims or liability for loss that:
- May be suffered by me as a result of any failure by the Suppliers or their directors, servants or agents to comply with the Guarantees in relation to the Activity and/or the Venue and/or any facilities or equipment at the Venue; and
- Results in any of the following: a. death; b. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); c. the contraction, aggravation or acceleration of a disease; and/or d. the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: i. that is or may be harmful or disadvantageous to the individual or the community; or ii. that may result in harm or disadvantage to the individual or community.
- I acknowledge Clause 10 & 11 is to be read in conjunction with clauses 6 to 9.
- Separate to clause 10 & 11, I acknowledge and agree, to the extent permitted by law, to waive and release the Suppliers, their directors, servants and agents, from any claims or liability for loss that:
a. Arises from or incidental to my participation in the Activity, howsoever caused, including whether by the negligence (excluding gross negligence), breach of contract or breach of statute or statutory duty (apart from a breach of the Guarantees) of any of the Suppliers or their directors, servants or agents or any other participants in relation to the Activity, the state of the Venue or any facilities or equipment at the Venue; and
b. Results in any of the following:
i. death, injury, loss or damage suffered by:
B. anyone participating in the Activity with me; and/or;
ii. damage to or destruction, theft or unauthorised delivery up of any property, equipment,
clothing or other personal items owned or in the care or custody of me.
For avoidance of doubt, I acknowledge and agree this release and waiver extends to any indirect or consequential loss, including but not limited to loss of income or any other form of economic loss, suffered by me.
- I acknowledge and agree that I will indemnify the Suppliers in respect of all actions, suits, claims, demands, costs and other liabilities which I may have in relation to those matters referred to in clause 10 & 11 or that otherwise arise from or are incidental to my participation in the Activity.
- I acknowledge and agree that:
a. I am solely responsible for any death, injury, loss or damage I cause to anyone else and any damage
to my property and anyone else's property; and
b. I will indemnify the Suppliers in respect of all actions, suits, claims, demands, costs and other
liabilities arising from or incidental to such death, injury, loss or damage.
- I acknowledge and agree that each exclusion, release, waiver and indemnity provided in the Agreement is for the benefit of AGPC and each of the other Suppliers and held on trust by AGPC for each of the other Suppliers so that each of the Suppliers may enforce those terms and conditions against me.
- I also acknowledge and agree that AGPC may enforce each exclusion, release, waiver and indemnity
in the Agreement against me on behalf of any of the other Suppliers on the basis that AGPC is their agent or trustee.
18. I acknowledge and agree that:
a. I will immediately comply with all directions issued by AGPC and the other Suppliers, including taking part in any briefing prior to participation in the Activity and wearing any required safety equipment;
b. AGPC and the other Suppliers can refuse to allow me to participate in the Activity if AGPC or theother Suppliers determine in their absolute discretion that I or the participant am/is mentally or physically unfit to safely participate in any aspect of the Activity;
c. Notwithstanding any conditions set out herein, AGPC and the other Suppliers can refuse to allow me to participate or to continue to participate in the Activity for any reason whatsoever in their absolute discretion;
- I consent to AGPC and the other Suppliers using my name, likeness, image and/or voice (including
photograph, film or other recording) in any media for an unlimited period without remuneration for the
purpose of promoting AGPC and the other Suppliers' events, and products;
- The Agreement shall be governed by the laws of Victoria and the Commonwealth; and
- If any part of provision of the Agreement is determined by a Court to be invalid or unenforceable all other parts and provisions shall still be given full legal force and effect.
By completing the electronic form and ticking the “Terms and Agreement” Box you are agreeing to these terms and conditions as stated in this document.