TRACKDAY TERMS & CONDITIONS
IMPORTANT NOTE: Please read carefully. These are the Terms & Conditions by and subject to which Circuit Moto (Circuit Moto its servants or agents or other representatives hereinafter and collectively referred to as “CM”) agrees to provide and allow a motorcycle rider (”Rider”) to participate in a motorcycle Track Day or Track Days (“TD”) and by and subject to which CM agrees to obtain other Ride related services at the request of the Rider or customer. Prior to participating in the Ride and/or making use of any other requested service, you are required to enter into legally binding agreement confirming that you agree to do so subject to the Terms & Conditions set out here. In this Agreement, for the purposes of convenience the masculine gender is used to refer also to the feminine, all Terms & Conditions are severable, the validity of a condition does not affect the validity of any other condition, and where a part of one condition is invalid then that part is severable from the rest of that condition.
1. The Rider accepts that riding a motorcycle and participating in the TD, on whatever racing circuit, track, road, or other surface or terrain and whether on public or private highways and regardless of the circumstances or conditions, is inherently dangerous and that it is consequently very difficult for CM to insure against risk of injury or other damage. The Rider therefore and hereby variously agrees, warrants, undertakes and accepts that in participating in the TD, whether on a public or private highway or at or on such route or course as may be taken for the purposes of the TD, he is (a) voluntarily exposing himself to and will assume all and any risk of damage or loss or personal injury whether to his person, property or otherwise howsoever (b) solely responsible for the manner in which he rides (c) under a legal obligation at all material times to ride with reasonable care and skill in relation to himself and others (d) responsible for ensuring that he wears appropriate protective clothing that is reasonably fit for its intended purpose (e) under a legal obligation to and will take all steps reasonably required to ensure that nothing he does, or fails to do, will adversely affect the health and safety of CM or other participants in the TD or any third party and (f) solely responsible for injury, damage or loss that he causes to others.
2. The Rider accepts that in requesting which rider group he would like to be in, he makes representation as to his ability to ride in that group, and accepts responsibility for any loss or damage arising from him being in the wrong rider group.
3. By way of further assurance to CM, the Rider hereby and variously warrants and declares that (a) he is fit & healthy, and that he knows of no reason, medical or otherwise, why he may not or which might otherwise influence the decision of CM to allow him to participate in the TD (b) his eyesight (with spectacles or lenses which he will wear as necessary) is adequate for the purposes of the TD (c) he holds a current full road driving licence or a current competition licence appropriate for the size & type of vehicle he will use and for the circumstances and venue appointed for the TD and that (d) he will not participate in the TD whilst using, under the influence of or suffering withdrawal from the consequences of alcohol, drugs or medication.
4. The Rider understands accepts and agrees that (a) CM is not a training organisation and does not represent itself as such and that (b) whilst CM may, it is not obliged to, give guidance on the standards of riding required and (c) it is not in a position to and will not otherwise enforce or be responsible for and hereby disclaims all and any liability for rider discipline or rider safety.
5. Both CM and the Rider agree that nothing in this Agreement shall exclude or in any way limit CM’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law but further agree that CM may and hereby a) excludes its liability to the Rider for any loss of opportunity, employment contracts, business, salary or other remuneration and profits and for any special indirect or consequential loss or damage whether in contract, warranty, civil wrong (including negligence and breach of statutory duty), or howsoever otherwise, arising out of the performance or breach of this Agreement and b) limits its liability to the Rider, in respect of all and any other claims to (i) a sum equal to the loss directly and naturally arising from CM breach of the express terms of this Agreement and (ii) not exceeding the amount of the sums paid and received by CM from the Rider under the terms of this Agreement; and in any event strictly provided that and in respect of (iii) such claims as are notified to CM, in writing, within 28 days of the Rider first becoming, or when he ought reasonably to have become, aware of them.
6. The Rider further agrees to defend, indemnify, and hold CM harmless against any claims, damages costs, expenses & losses arising out of any claim made against them by any persons where such costs & losses are attributable directly or indirectly to the Rider’s negligence or participation or other involvement in the TD or his breach of any of the terms of this Agreement.
7. CM reserve the right to withdraw its services, without refund or any other right to claim for compensation, loss or damage or otherwise whatsoever, and will be under no further obligation to provide the TD or other any service or facility if the rider is judged by CM as acting irresponsibly, unreasonably by or in a manner likely to endanger or cause loss or damage to the Rider, CM or others.
HOTEL ACCOMMODATION & CAR RENTAL:
CM are happy to obtain these services at our customers’ request. However, CM do not directly provide these services, and consequently CM is unable to accept and hereby disclaims all and any responsibility for the provision of the same.
DETAILS SUBJECT TO CHANGE:
If circumstances beyond the control of CM force CM to do so, CM reserves the right to, without prior notice, make any changes deemed necessary to facilitate the TD and/or any other service obtained by CM at the request of the Rider or customer.
A non-refundable (transfers between riders are available with an admin fee of £19) deposit of £200 per rider is payable at the time of booking, followed by the full & final payment one calendar month before the event. If a credit/debit card is used for the deposit payment, unless you tell us and we specifically agree otherwise in advance, we will automatically charge the final payment to the same debit/credit card one calendar month before the event. Cancellations notified to us more than one calendar month before the event will forfeit the deposit payment (deposit payments are non-transferable, so they cannot be transferred to another event). Cancellations notified to us less than one calendar month before the event will forfeit all monies paid. All credit card payments are subject to an additional and non-refundable & non-transferable extra charge of 1.5% (there is no extra charge for debit card payments).
TRACKDAY & TRAVEL INSURANCE:
If you are taking part in a trackday event abroad, suitable medical insurance is compulsory. Note that a European Heath Insurance Card (which has now replaced the old E111) and most standard travel insurance policies do not cover dangerous pastimes such as trackdays. However, specialist medical insurance is available cheaply.