Racecar Test Day Booking Form 14.11.23

This hire agreement between the Winton Motor Raceway Pty. Ltd. (ACN 094 491 264) (‘the Owner”) and Contact Person stated in this Online Booking Form.

In consideration of the Owner permitting the Hirer to use the circuit at Winton Motor Raceway on the date indicated on the Booking Form Title, the Hirer agrees as follows:
1. THE HIRE FEE
i. To pay the total Hire Fee as stated in the attached Booking Form for the day which includes Circuit Hire, Medical Service, Fire & Recovery Service
& Circuit Lighting system operated by Winton Staff.
ii. Any further expenses incurred associated with this circuit hire will be charged out in addition to the Circuit Hire Fee above. i.e. Sign-On Staff,
Catering, Fuel, clean up etc.
iii. Circuit activities are strictly limited to the hours between 8:30am and 5:00pm.
2. The Hire Fee shall be paid online via Credit Card
3. TERMINATION OF AGREEMENT
If the Hirer:
i. makes a default in punctually paying any payment under this Agreement; or
ii. fails to observe and perform any of the agreements and conditions contained in this Agreement; or
iii. is a corporation or incorporated association has a petition or resolution for winding up presented against it or is threatened; or
iv. in the opinion of the Owner it is necessary to bring activities to an end for the safety and protection of persons or property in or about the circuit then the
Owner may, without notice, terminate this Agreement and in any such event the Hirer shall not be entitled to any refund of the hire fee or deposit, and
shall remain liable for any expenses incurred by the Owner without prejudice to any of Owner’s rights or remedies under this agreement.
4. If this agreement is terminated by the Hirer within 90 days of the commencement of the hire period, the hirer must pay the balance owing of the hire fee to the
Owner within 7 days from the date of termination.
5. The owners reserve the right to terminate this agreement at any time should the facility require maintenance that may render the facility unusable for the purpose of the agreement.
6. CONDUCT AND SUPERVISION OF ACTIVITIES The Hirer agrees:
i. That the Hirer, its agents or employees has inspected the Winton Motor Raceway and surrounding premises (“the Raceway”) prior to the commencement of the hire period and is satisfied that the Raceway is safe and in good working order and condition and suitable in all respects for the purposes of the Hirer.
ii. To take proper care of the Raceway and keep the Raceway in good working order, condition and repair (fair wear and tear or act of God excepted) always during the hire period. At the conclusion of the hire period, the Hirer shall ensure that the Raceway is in such good working order, condition and repair.
iii. To repair, maintain and mend the Raceway so that it is in good working order, condition and repair (defects of a structural nature, damage by fair wear and tear or act of God excepted). Such maintenance shall not be completed by any person not authorised by the Owner and shall be completed to the satisfaction of the Owner.
iv To notify the Owner in writing of any damage caused to the Raceway during the duration of the hire period.
v. In the event that the hirer fails to comply with Clause 6(ii), (iii), or (iv) the Owner shall remedy the breach and the hirer shall pay upon demand the cost
of rectification of the said breach.
vi. To pay for the replacement of any Winton Motor Raceway Pty. Ltd. consumables and equipment used, lost or damaged during the hire period
7. The Hirer Agrees to
i. Circuit activities are strictly limited to the hours between 8:30am and 5:00pm.
ii. Ensure that the Raceway is kept clean and tidy and all litter is placed in the bins provided.
iii. Remove tyres from the premises, the hirer will be charged $30 per tyre left at Winton Motor Raceway.
iv. Ensure that all appropriate regulatory authorities requirements are met.
v. Enforce the requirement that all vehicles are fitted with an effective exhaust muffler and that the noise emitted from any vehicle does not exceed
95B(A) measured at a designated point 30 metres from the Winton Motor Raceway track edge. (Historic Vehicles are exempt).
vi. Ensure that the Winton Motor Raceway pass system is recognised, and the holder of such pass is admitted to the appropriate areas.
vii. If this hire period falls on dates between 1 December and 1 April of any year notify the Regional Officer, Country Fire Authority of the date and number
of people attending the Raceway.
viii. Ensure the orderly, proper and safety of all activities conducted at the Raceway during the hire period.
ix. Ensure that all persons remain behind the protective barriers provided while any activity is taking place on the track.
x. Ensure that all persons have vacated the Raceway by 6.00pm in the evening on each day of the hire period. (Camping is not permitted on site).
xi. Not assign, sublet or otherwise dispose of, or in any way part with possession or grant any licence to use the Winton Motor Raceway or any part or
parts thereof.
8. CIRCUIT ADVERTISING
Winton Motor Raceway has Contracts in place with various companies for signage, building and corner naming rights on the property. These contracts must be recognised by the Hirer when publishing programmes, using radio or television broadcasting or public address and internet facilities or the like.
9. CORPORATE PAVILION
The Corporate Pavilion is not included as part of this Circuit Hire.
10. SKID PAD (MOTORKHANA PAD)
The Skid Pad is not included as part of this Circuit Hire.
11. MEDIA CENTRE
The Media Centre is not included as part of this Circuit Hire. A separate contract outlining special conditions for its hire is must put in place if this facility is required for any activity.
12. PASSENGERS
Passengers are NOT permitted in vehicles unless specifically agreed to in writing on the insurers permit.
13. CAMPING
Camping is not permitted unless otherwise agreed upon – must be in the designated campground and must be booked (and paid) via the Circuit Office.
14. ACCOMMODATION
The staying overnight in garages, marquees, transporters, campervans, motorhomes etc. within the paddock grounds is NOT permitted.
15. MARQUEES
The Owner has a contractual arrangement in place for the supply and erection of all marquees and tents on its property. Hire companies not contracted to the Raceway will not be permitted to erect marquees or tents or supply hire equipment on the property.
16. CARPORTS/GARAGES
The National Pit Lane garages are included as part of this agreement unless otherwise agreed upon in the quotation.
17. CONFIGURATION OF CIRCUIT
i. The track licence permits competition to take place in a clock-wise direction. Participating vehicles are NOT permitted to be driven in any other direction
on the circuit.
ii. Vehicles are NOT permitted to drive the wrong way in Pit Lane
iii. The change of configuration of the circuit from the long circuit to the short circuit and vice versa is to be approved by the management of Winton Motor Raceway.
iv. The Hirer is not permitted to change the location of the scrutineering bay, parc ferme etc. without the permission of the Owner.
Hirer agrees to
CIRCUIT HIRE AGREEMENT – RACECAR TEST
18. CATERING, FUEL SALES, MERCHANDISING
That all the following rights shall be retained by the Owner unless otherwise agreed in writing:
i. All catering, canteens and concession food and drink outlets. The Hirer is NOT permitted to engage any catering service relating to the hire unless by way of separate agreement in writing with the Owner.
ii. Fuel Sales
iii. Merchandising.
19. INTELLECTUAL PROPERTY
That all the following rights shall be retained by the Owner unless otherwise agreed in writing:
i. television broadcasting and internet rights (defined to include, but not limited to, a service that delivers television programs, radio programs, data
and virtual imaging, services that makes programs available on demand on a point to point basis, dial up services transmitted by internet or otherwise or a service that the Owner determines to fall within this definition.)
20. OCCUPATIONAL HEALTH AND SAFETY
i. The Hirer must comply with the Occupational Health and Safety Act (2004) and associated Legislation including the Dangerous Goods Act (1985).
ii. The Hirer agrees that all activities shall be confined to the area set aside for motor sports by the Owner and the hirer shall not intrude on any area not approved by the Owner.

1. In this Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement, unless the context clearly otherwise requires:
“EVENT(S)” means any motor sport event arranged, promoted or conducted by the Hirer, or requires the participation of the Hirer, or some other related activity conducted at the Raceway.
“RELEASEES” means
(i) the Winton Motor Raceway Pty. Ltd. and its promoters, participants, racing associations, sanctioning organisations or any subdivision thereof,
(ii) land owners, track operators, officials, car owners, drivers, pit crews, rescue personnel, any persons in any RESTRICTED AREA, promoters, sponsors,
advertisers, owners and lessees of premises, used to conduct the EVENT(S),
(iii) premises and event inspectors, surveyors, underwriters, consultants, and others who give recommendations, directions or instructions or engage in risk
evaluation or loss control activities regarding the premises or events.
(iv) each of the above persons mentioned in (i), (ii) and (iii) and their directors, officers, agents and employees.
“RESTRICTED AREA(S)” means any area requiring special authorisation, credentials, or permission to enter any area to which admission by the general public is restricted or prohibited in accordance with the Winton Motor Raceway pass system.
2. The Hirer has the benefit of conditions and warranties and other rights implied by law which cannot be excluded by agreement. Nothing in this Agreement shall be taken to limit in any way the benefit of those conditions, warranties, and rights. However, where under such a law the owner is permitted to limit its liability in respect of such implied conditions, warranties or rights, the owner hereby limits its liability to the minimum possible under that law.
3. Subject to that clause 2 of this Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement if applicable and IN CONSIDERATION of being permitted to compete, officiate, observe, work for, or participate in any way in the EVENT(S) or being permitted to enter for any purpose any RESTRICTED AREA the Hirer:
(a) HEREBY RELEASES, WAIVES, DISCHARGES the Releasees FROM ALL LIABILITY, TO THE HIRER and its members ON ACCOUNT OF INJURY OR
DEATH TO THE PERSON OR DAMAGE TO PROPERTY ARISING OUT OF OR RELATED TO THE EVENT(S), except to the extent it is caused by the
Releasees’ gross negligence.
(b) HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE OR
COST they may incur arising out of or related to the EVENT(S) WHETHER CAUSED BY THE NEGLIGENCE OR BREACH OF CONTRACT OF THE
RELEASEES or otherwise.
(c) Hereby agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts (including rescue operations)
except any acts or omissions that are negligent, and is intended to be as broad and inclusive as is permitted by the laws of the State/Territory in which the Event)s) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
(d) HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. THE HIRER also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY but not where these rescue operations or procedures have been performed negligently. RESCUE OPERATIONS OR PROCEDURES PERFORMED BY THE RELEASEES.
(e) Acknowledges, agrees and represents that he/she enters, and he/she further agrees and warrants that, if at any time, he/she is in or about RESTRICTED AREAS and he/she feels anything to be unsafe, he/she will immediately advise the officials of such and will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENT(S).
(f) Hereby assumes full responsibility for the preparation and safety of the vehicles to be used in the EVENT(S) and further undertakes to ensure an assurance that each vehicle has been checked for safety and is in a condition fit to be used for motor racing prior to the hire period.
(g) Hereby agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the State/Territory in which the Event(s) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

COMMUNICABLE DISEASE EXCLUSION
1. Notwithstanding any provision to the contrary within this policy, this policy does not cover all actual or alleged loss, liability, damage, compensation, injury, sickness, disease, death, medical payment, defence cost, cost, expense or any other amount, directly or indirectly and regardless of any other cause contributing concurrently or in any sequence, originating from, caused by, arising out of, contributed to by, resulting from, or otherwise in connection with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease.
2. For the purposes of this endorsement, loss, liability, damage, compensation, injury, sickness, disease, death, medical payment, defence cost, cost, expense or any other amount, includes, but is not limited to, any cost to clean-up, detoxify, remove, monitor or test for a Communicable Disease.
3. As used herein, a Communicable Disease means any disease which can be transmitted by means of any substance or agent from any organism to another organism where:
3.1 the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not, and
3.2 the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms, and
3.3 the disease, substance or agent can cause or threaten bodily injury, illness, emotional distress, damage to human health, human welfare or property damage.

THE HIRER HAS READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. THE HIRER FULLY, UNDERSTANDS ITS TERMS AND UNDERSTANDS THAT IT HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO IT AND INTEND FOR THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.