Terms and Conditions
1. Background
1.1 This document sets forth the terms and conditions of entry and/or use (“Terms and Conditions”) under which all parties, including paying drivers, driver trainers/instructors, event competitors, spectators, contractors, caterers, corporate event attendees, corporate function attendees, employees, volunteers, passengers, invitees and any other party (collectively referred to as "Entrants"), may use the circuit, infrastructure, facilities and services provide at the CIRCUIT ITALIA GROUP motor sport facility located at Italia Road, Balickera in New South Wales ("Circuit Italia") and owned and operated by Circuit Italia Pty Ltd its directors and associated entities, including not limited to Italia Road Holdings Pty Ltd (jointly and severally referred to as “CIRCUIT ITALIA GROUP”).
1.3 Any general or specific authorisation or permission for any person to attend any event, participate in any experience (whether on-circuit or off-circuit), enter into and/or remain at Circuit Italia, including, without limitation, pursuant to any ticket, is strictly subject to, and conditional upon, the Entrant’s acceptance of all Terms & Conditions. Entrants are strongly encouraged to read and inform themselves of these Terms & Conditions. Any Entrant who breaches these Terms & Conditions of Entry may be liable to penalty, denial of entry and/or expulsion from an event and/or Circuit Italia.
1.4 If an Entrant is attending an event and is required to hold a Ticket, the Entrant is reminded that the purchase of a ticket is final. Except as provided in the Terms & Conditions of Sale, tickets are non-refundable, non-transferable and not for resale. No ticket for an event may be used by any person for advertising, promotional or commercial purposes including without limitation, prizes, competitions, contests, sweepstakes or packaged with hospitality or other products without the prior written consent of CIRCUIT ITALIA GROUP first being obtained. In the absence of tickets, Entrants should attend Circuit Italia with appropriate identification to ensure access.
1.5 These Terms & Conditions of Entry may be updated periodically to account for any changes in legal or regulatory requirements and/or changes to our products, services and other offerings of CIRCUIT ITALIA GROUP.
1.6 It is the Entrant's responsibility to read, understand and comply with these Terms & Conditions.
2. Conditions of Access and Entry to Circuit Italia
2.1 The following conditions apply to all Entrants entering or using Circuit Italia or the facilities at Circuit Italia. By entering Circuit Italia, Entrants agree to be bound by these conditions:
2.1.1 Entrants must comply with all signs, instructions, and directions given by CIRCUIT ITALIA GROUP staff or displayed on the premises.
2.1.2 Access to certain areas of Circuit Italia may be restricted to certain Entrants based on the event or activity. Entrants must adhere to these restrictions and only enter areas for which they are authorized.
2.1.3 Entrants must wear appropriate safety gear and attire as required by the type of activity or event they are participating in. This may include helmets, gloves, and protective clothing.
2.1.4 Entrants must not engage in any behavior that is deemed dangerous, disruptive, or offensive. This includes, but is not limited to, reckless driving, fighting, and/or the use of foul language.
2.1.5 Entrants must report any accidents or injuries to CIRCUIT ITALIA GROUP staff immediately.
2.2 CIRCUIT ITALIA GROUP reserves the right to refuse entry to or remove any Entrant from the premises for failure to comply with these conditions or for any behaviour that is deemed inappropriate or unsafe.
2.3 In relation to certain Events and as a condition of use of Circuit Italia you, and such other persons as CIRCUIT ITALIA GROUP may designate from time to time, may be required to enter into, and at all times comply with, a waiver and indemnity in such form as CIRCUIT ITALIA GROUP may, in its absolute and sole discretion decide. For those Events, you will be required to ensure that all signed waiver and indemnity form(s) are duly completed (accurately and legibly) and delivered to CIRCUIT ITALIA GROUP prior to use of Circuit Italia.
2.4 Whilst at an event and at Circuit Italia, you must take care to protect your safety and the safety of others. Volume levels at any event may vary, and it is recommended that you take appropriate care for your hearing protection, including using earplugs.
2.5 Each Entrant is responsible at all times for all children under their care. By attending any event or experience, purchasing access for an event, entering into and/or remaining at Circuit Italia, each Entrant is deemed to have accepted all applicable terms and conditions and any accompanying risks, obligations and responsibilities.
3. Prohibited Activities
3.1 Without limitation to the balance of these Terms and Conditions and for the avoidance of doubt, the following activities are strictly prohibited within Circuit Italia by all Entrants, without exception:
3.1.1 Use of Circuit Italia facilities while under the influence of alcohol, drugs, or any other substance that impairs one's ability to operate vehicles safely or that is otherwise in breach of these Terms and Conditions including in particular and without limitation clause 7.
3.1.2 Engaging in reckless or dangerous driving practices that endanger the safety of oneself or others.
3.1.3 Unauthorized modification or tampering with any vehicle or equipment provided by Circuit Italia.
3.1.4 Entering restricted areas of Circuit Italia without proper authorization.
3.1.5 Conducting any form of gambling, illegal betting, or any activity that violates local, state, or federal laws.
3.1.6 Use of Circuit Italia for activities that are not approved by CIRCUIT ITALIA GROUP, including but not limited to unauthorized events, competitions, or commercial activities.
3.1.7 Disrespecting or disobeying the instructions of Circuit staff, officials, or security personnel.
3.1.8 Littering or causing environmental damage to Circuit Italia premises.
3.1.9 Use of drones or other unmanned aerial vehicles without prior approval from CIRCUIT ITALIA.
3.1.10 Recording or broadcasting any activity within Circuit Italia for commercial purposes without the express written consent of CIRCUIT ITALIA GROUP.
3.2 Violation of any of these prohibited activities may result in immediate expulsion/removal from or disqualification by Circuit Italia and may subject the violator to legal action, including but not limited to fines and damages.
4. Risk Warning
4.1 CIRCUIT ITALIA GROUP hereby warns all Entrants, that participating in or attending motor sport activities, whether as a driver, trainer, competitor, spectator, contractor, caterer, corporate event attendee, corporate function attendee, employee, volunteer, or passenger, involves significant risk of physical harm or personal injury, including the possibility of permanent disability and death. These risks arise from the nature of the activities themselves, the actions of other Entrants, the potential for equipment failure, and the environment in which the activities take place.
4.2 All Entrants acknowledge and accept these risks as inherent to their participation in any motor sport activities generally, and specifically at Circuit Italia. It is the responsibility of each Entrant to ensure they have taken all reasonable precautions and have prepared adequately for the risks involved in these activities. This may include, but is not limited to, wearing appropriate protective gear, adhering to safety instructions and guidelines, and ensuring personal fitness and health levels are suitable for the activities undertaken.
4.3 By engaging in motor sport activities at Circuit Italia, all Entrants voluntarily assume all risks associated with their participation on, attendance at and/or use of Circuit Italia, to the fullest extent permitted by law. CIRCUIT ITALIA GROUP does not accept liability for any personal injury, property damage, or other loss sustained by Entrants as a result of their participation in motor sport activities and/or attendance at, participation on and/or use of Circuit Italia, except to the extent that such liability cannot be excluded by law.
5. Security, Conduct and Attendance
5.1 All Entrants entering Circuit Italia are subject to the following conditions regarding security and conduct:
5.1.1 Entrants must comply with all security measures and instructions from Circuit staff and security personnel.
5.1.2 Entrants are expected to conduct themselves in a manner that is respectful to all individuals on the premises, including but not limited to other Entrants, employees, and volunteers.
5.1.3 Prohibited items, including but not limited to weapons, illegal substances, and items deemed dangerous or disruptive by Circuit management, are not allowed on the premises.
5.1.4 Entrants must not engage in any activity that could jeopardize the safety or security of themselves or others.
5.1.5 Access to certain areas of Circuit Italia may be restricted to authorized individuals only. Entrants must adhere to all signage and instructions regarding access limitations.
5.1.6 Any form of harassment, discrimination, or abusive behaviour is strictly prohibited and will result in immediate removal from the premises and potential legal action.
5.1.7 The use of photographic and recording equipment may be restricted or prohibited in certain areas. Entrants must comply with all Circuit policies and these Terms and Conditions regarding photography and recording.
5.2 All Entrants must vacate Circuit Italia by the designated closing time unless otherwise authorized by Circuit management.
6. Refusal of Entry and Removal
6.1 CIRCUIT ITALIA GROUP reserves the right to refuse entry to or remove any Entrants from Circuit Italia at any time, without prior notice, for reasons including but not limited to:
6.1.1 Violation of these Terms and Conditions;
6.1.2 Engaging in conduct that is deemed unsafe, illegal, or in violation of the rules of conduct established by CIRCUIT ITALIA GROUP;
6.1.3 Failure to comply with the instructions of Circuit Italia staff or designated officials;
6.1.4 Use of abusive, threatening, or inappropriate language or behavior;
6.1.5 Damage to Circuit property or the property of other Entrants;
6.1.6 Intoxication or the influence of drugs;
6.1.7 Carrying prohibited items into Circuit Italia;
6.1.8 Any other reason deemed reasonable by CIRCUIT ITALIA GROUP to ensure the safety, security, and enjoyment of all Entrants and staff.
6.2 Entrants removed from Circuit Italia under these conditions will not be entitled to a refund of any fees paid and may be subject to further legal action or penalties as permitted by law in New South Wales.
7. Responsible Consumption of Alcohol and Drug and Alcohol Testing
7.1 CIRCUIT ITALIA GROUP is committed to providing a safe and healthy environment for all Entrants. To support this commitment, the following policies regarding the consumption of alcohol and drug use are in place:
7.1.1 All Entrants must comply with the legal age requirements for alcohol consumption as per the laws of New South Wales.
7.1.2 The consumption of alcohol by Entrants is permitted only in designated areas and during specified times, which will be clearly marked and communicated by CIRCUIT ITALIA GROUP.
7.1.3 Entrants are prohibited from participating in any motor sport activities or operating any vehicles within Circuit Italia while under the influence of alcohol or drugs.
7.1.4 CIRCUIT ITALIA GROUP reserves the right to conduct random drug and alcohol testing on any Entrants as deemed necessary to ensure compliance with this policy. Refusal to comply with testing may result in immediate removal from the premises and disqualification from current and future events.
7.1.5 Any Entrant found to be in violation of these policies may face disciplinary actions, including but not limited to removal from the premises, disqualification from current and future events, and legal actions as per the laws of New South Wales.
7.2 These policies are in place to ensure the safety and enjoyment of all Entrants and staff at Circuit Italia. We appreciate your cooperation in adhering to these guidelines.
8. Photographs, Images and Recording
8.1 By entering Circuit Italia, all Entrants acknowledge and agree that they may be photographed, filmed, or recorded while on the premises. These photographs, images, or recordings may be used by CIRCUIT ITALIA GROUP for promotional, marketing, or other business purposes without compensation or further consent.
8.2 Entrants are permitted to take photographs or make recordings for personal, non-commercial use only. However, the use of drones or other aerial recording devices is strictly prohibited unless prior written approval is obtained from CIRCUIT ITALIA GROUP.
8.3 Any media (including photographs, videos, and audio recordings) captured by Entrants must not be used in a manner that could be considered defamatory, infringing, invasive of privacy, or otherwise unlawful. Entrants agree to indemnify and hold harmless CIRCUIT ITALIA GROUP and CIRCUIT ITALIA GROUP against all liabilities, damages, costs, and expenses arising from any breach of these conditions.
8.4 CIRCUIT ITALIA GROUP reserves the right to restrict or prohibit photography, filming, and recording in certain areas of Circuit Italia at any time for any reason. Entrants must comply with all signs and instructions regarding photography and recording restrictions.
8.5 Entrants who do not wish to be photographed, filmed, or recorded must notify Circuit Italia staff upon entry. While reasonable efforts will be made to respect these wishes, CIRCUIT ITALIA GROUP cannot guarantee that such Entrants will not appear in photographs or recordings made by other Entrants or used for Circuit Italia's promotional purposes.
9. Collection of Personal Information
9.1 In the course of providing services and facilitating the operation of Circuit Italia, CIRCUIT ITALIA GROUP may collect personal information from Entrants. This collection of personal information is necessary for the purposes of registration, safety compliance, legal obligations, and the provision of tailored services to Entrants.
9.2 Personal information collected may include, but is not limited to, names, contact details, emergency contact information, payment information, and any other information deemed necessary for the participation in activities at Circuit Italia.
9.3 All personal information collected will be handled in accordance with the Privacy Act 1988 (Cth) and any other applicable privacy laws in New South Wales. Entrants have the right to access their personal information held by CIRCUIT ITALIA GROUP and may request corrections to any inaccurate or incomplete information.
9.4 By participating in any activities at Circuit Italia, Entrants consent to the collection, use, and disclosure of their personal information as described in this clause, subject to each Entrants rights under the Privacy Act 1988 which are more fully detailed on our website.
10. Limitation of Liability
10.1 Notwithstanding anything to the contrary contained herein, each Entrant acknowledges and agrees CIRCUIT ITALIA GROUP shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CIRCUIT ITALIA GROUP has been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use Circuit Italia; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Circuit Italia; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on Circuit Italia; (v) the use of or attendance at Circuit Italia; or (vi) any other matter relating to Circuit Italia.
10.2 Entrants acknowledge that Circuit Italia is a venue where motor sport activities are conducted, which by their nature are inherently dangerous. Entrants assume all risks associated with their participation in any activities at Circuit Italia, including but not limited to, the risk of personal injury or damage to property. It is the responsibility of all Entrants to ensure that they are in good physical condition, have obtained all necessary equipment and training, and have complied with all safety guidelines and Legal Age Requirements before participating in any activity at Circuit Italia.
10.3 To the extent permitted by law, each Entrant acknowledges that, to the extent to which such Entrant participates in: (a) a sporting activity or similar leisure time pursuit; and/or (b) an activity that involves a significant degree of physical exertion or physical risk; and/or (c) is undertaken for the purposes of recreation, enjoyment or leisure, (“Recreational Services”) while at or on Circuit Italia, including any pre-event, post-event and contemporaneous activities, pit walks and participation in various amusements and interactive displays, CIRCUIT ITALIA GROUP does not make any warranty that the Recreational Services will be provided with due care and skill or that any materials provided in connection with the Recreational Services will be fit for the purposes for which they are supplied. Each Entrant acknowledges that, to the extent that any warranty is implied it is excluded to the full extent permitted by law.
11. Voluntary Assumption of Risk, Release and Indemnity
11.1 By engaging in any activities or events at Circuit Italia and without limitation to the foregoing clause 10, all Entrants acknowledge and agree:
11.1.1 They are aware of the inherent risks associated with motor sport activities, which may include but are not limited to personal injury, property damage, and death.
11.1.2 They voluntarily assume all risks associated with participation in activities or events at Circuit Italia, whether known or unknown.
11.1.3 To the fullest extent permitted by law, they release and forever discharge CIRCUIT ITALIA GROUP, its employees, agents, and representatives from any and all liabilities, claims, demands, damages, costs, and expenses of any kind arising out of or in connection with their attendance at and/or participation in activities or events at Circuit Italia, irrespective of the capacity in which they have attended, participated, competed or acted.
11.1.4 To the fullest extent permitted by law, they agree to indemnify and hold harmless CIRCUIT ITALIA GROUP, its employees, agents, and representatives from, against and in respect of any and all liabilities, claims, demands, losses, damages, costs, and expenses of any kind CIRCUIT ITALIA GROUP suffers or incurs arising directly or indirectly out of or otherwise in connection with their participation in activities or events at Circuit Italia and/or their attendance at and use of Circuit Italia generally.
11.1.5 Entrants under the age of 18 must have this form read and signed by a parent or legal guardian, acknowledging the above terms on their behalf.
11.2 Without limiting any other release or limitation of liability contained in these Terms & Conditions, CIRCUIT ITALIA GROUP will not be liable for any indirect or consequential loss (including, but not limited to, loss of earnings), suffered by any Entrant(s) or caused by any acts or omissions of the Entrant, it’s directors, employees, agents and contractors.
12. Privacy Waiver and Notification
12.1 Entrants understand that their presence in areas accessible to the public or during events may result in their image or actions being captured and used as described above without compensation or further consent.
12.2 All personal information will be handled in accordance with the Privacy Act 1988 (Cth), ensuring the protection of individual privacy rights. Entrants have the right to access their personal information held by CIRCUIT ITALIA GROUP and may request corrections to any inaccurate or out-of-date information.
12.3 Entrants are advised that Circuit Italia is a public venue and, as such, there is no expectation of privacy in public areas. By entering Circuit Italia, Entrants consent to the collection, use, and disclosure of their personal information as outlined herein.
13. Damage to Circuit Italia and/or Equipment
13.1 In the event that an Entrant causes damage to the circuit, the facilities, the infrastructure and/or any equipment at Circuit Italia, whether through accident, negligence, wilful misconduct, or otherwise, the following terms shall apply:
13.1.1 Immediate Notification: The Entrant must immediately notify CIRCUIT ITALIA GROUP of any damage caused to the circuit.
13.1.2 Assessment of Damage: CIRCUIT ITALIA GROUP will assess the extent of the damage and determine the necessary repairs or replacements.
13.1.3 Financial Responsibility: The Entrant responsible for causing the damage will be financially liable for and accepts liability for the cost of repairs or replacement of the damaged property. This may include, but is not limited to labor costs, materials, and any other expenses associated with the repair or replacement of the damaged property which most likely will involve damage to the circuit, damage to CIRCUIT ITALIA GROUP’s equipment or damage to the circuit surrounds.
13.1.4 Payment Terms: The Entrant will be required to make payment within thirty (30) days of receiving the damage assessment. Failure to make payment within this timeframe may result in legal action and/or exclusion from future events at Circuit Italia.
13.1.5 Insurance Claims: If applicable, the Entrant must file a claim with their insurance provider within seven (7) days of the incident to cover the costs of the damage. CIRCUIT ITALIA GROUP reserves the right to file an insurance claim independently if deemed necessary.
13.2 By participating in any activities at Circuit Italia, Entrants agree to be bound by these terms and accept full responsibility for any damage caused to the circuit and/or equipment. This clause is intended to ensure the maintenance and safety of Circuit Italia for all Entrants and spectators.
14. General Provisions
Governing Law
14.1 This agreement is governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.
Severability
14.2 If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement
14.3 These Terms and Conditions constitute the entire agreement between the parties concerning the subject matter hereof and supersede all prior agreements, understandings, and representations.
Amendments
14.4 CIRCUIT ITALIA GROUP reserves the right to amend these Terms and Conditions at any time. Any amendments will be posted at Circuit Italia and/or on its website. Continued use of Circuit Italia facilities after such amendments constitutes acceptance of the modified Terms and Conditions.