Terms & Conditions
Pheasant Wood Pty Ltd, all associated legal entities, officers, employees, servants and agents are hereinafter referred to collectively as “Pheasant Wood”.
These Terms and Conditions apply to all entrants (“the Customer”) to Pheasant Wood Circuit (“the Facility”) whether they are driver participants or spectators.
VOLUNTARY ASSUMPTION OF RISK
The Customer acknowledges and accepts the nature and extent of the inherent risks involved in motor sport including the possibility of death, bodily injury, loss and property damage. The Customer, by singing this document, warrants that they understand the nature and effect of the risks involved with entering the Facility.
The Customer further understands and acknowledges that motor vehicles and associated activities can be dangerous, and accidents can and do happen.
In mitigation of risk, by entering upon the facility, the Customer confirms and hereby declares that they are free of any physical or mental disability, disease or condition which could affect the Customer’s safe participation as a driver, passenger or spectator.
INDEMNITY AND WAIVER OF RIGHTS BY CUSTOMER
The Customer agrees and acknowledges that as a condition of entry to the Facility, the Customer assumes all risk, holds Pheasant Wood harmless, waives all claims for damages and unconditionally releases Pheasant Wood from any and all legal liability for death, personal injury, property damage or any other loss suffered by the Customer as a consequence of entering the Facility, to the full extent permitted by law.
The Customer further agrees to irrevocably and comprehensively indemnify Pheasant Wood in relation to any claim in respect to death, personal injury, property damage or loss brought on the Customer’s behalf.
INDEMNITY FOR PROPERTY DAMAGE AND ECONOMIC LOSS SUFFERED BY PHEASANT WOOD
If a Customer causes property damage* to any property owned by or operated by Pheasant Wood, the customer is to pay full equivalent replacement value to Pheasant Wood or full repair costs as the case may be and fully reimburse Pheasant Wood for all consequential economic loss.
The Customer is to pay all legal costs, fees and disbursements incurred by Pheasant Wood on an indemnity basis as a result of the commencement and/or enforcement by Pheasant Wood of any legal action against the Customer undertaken pursuant to the provisions of the Terms and Conditions contained herein.
*Property damage covers the track and amenity buildings and includes but is not limited to tyre walls, concrete walls and Armco fencing.
RESPONSIBILITY TO DRIVE ROADWORTHY VEHICLES AND TO WEAR SAFETY ATTIRE AND EQUIPMENT
As a condition of entry, Customers who drive vehicles at the Facility assume full responsibility for the preparation, roadworthiness and safety of any vehicle used by the Customer regardless of who owns that vehicle. Further, by entering upon the Facility, the Customer provides this express representation and assurance, that the vehicle has been thoroughly checked for safety and is currently in a condition fit to be used on a motor racing circuit.
It is compulsory for every Customer who enters the Facility and enters a motor vehicle as either a driver or passenger, to wear non-flammable material race-suit and/or non-flammable clothing including long pants, cotton socks and long sleeves consistent with the Australian standards as well as a suitable helmet of Australian standards.
The Customer enters the Facility entirely at their own risk.
RESPONSIBILITY TO FOLLOW INSTRUCTIONS
It is a condition of entry to the Facility that the Customer agrees to adhere to the regulations and associated rules that are set by Pheasant Wood for activities conducted at this Facility.
The Customer understands and accepts their responsibility to follow all instructions issued by Pheasant Wood, without exception, on the basis that failure to do so may cause an accident.
The Customer undertakes to listen to and follow, to the best of their ability, all instructions issued by officers, employees or agents of Pheasant Wood.
The Customer accepts that any failure to follow instructions or any attempt to drive in a reckless, negligent or irresponsible manner will result in the Customer being refused participation at the Facility and/or escorted from the Facility and/or barred from the Facility.
The Customer who utilises or enters a motor vehicle at the Facility must first attend the Driver briefing provided by the officers of the Facility.
By arranging for the entry to the Facility of a minor under eighteen (18) years of age, the Customer accepts that they are acting as guardian of that minor for the purposes of these Terms and Conditions.
As guardian, the Customer freely consents to the entry of the minor and freely waives all rights and accepts all obligations and risks as outlined under these Terms and Conditions in respect of the minor as if that minor was an adult customer.
In consideration of the minor being accepted as an entrant, the customer agrees to fully and freely indemnify Pheasant Wood, its officers, employees and agents in the same manner and to the same extent and effect as if the minor was an adult.
Pheasant Wood may, acting reasonably, at any time decline or terminate the participation or presence of the Customer within the Facility.
The Customer agrees to fully assist Pheasant Wood in its obligations under Occupational Health and Safety legislation by behaving responsibly while present at the Facility.
The Customer agrees that they may be refused entry, be requested to leave the Facility, or if necessary, removed if in the reasonable opinion of Pheasant Wood, the Customer is in breach of these Terms and Conditions, under the influence of alcohol or drugs or, for any reason, causing a disturbance or threatening the safety of any person within the Facility in any way.
Dogs, pets or animals of any kind are forbidden from the Facility.
Upon request, the Customer will be allowed to thoroughly inspect the Facility’s track. By using the track and Facilities, the Customer consents to the suitability and safety of the track and Facilities for the activities chosen by the Customer.
If the Customer has any concerns regarding the safety or suitability of the track for any reason, the Customer hereby agrees to immediately cease using the Facility and to bring these concerns to the attention of Pheasant Wood, it’s employees or agents as a matter of urgency.
Pheasant Wood uses third parties as agents in the running of the Facility. It is recommended that Customers contact Pheasant Wood for a list of agents and read their terms and conditions and privacy policies.
LAW AND TERRITORY
The above Terms and Conditions are governed by the laws of the Commonwealth of Australia for use within Australia and where applicable the New South Wales state law.