Rockingham Motor Speedway Standard Terms and Conditions – 2008

A. Definitions
The parties referred to in these terms and conditions are as follows:
"Additional Services" means Services, which are agreed after the signing of this "Agreement".
"Agreement" means the Sales Agreement of event date and price.
"Balance" means the "Consideration" less the "Deposit" previously paid by the "Client".
"Client" means the contracting Company or person.
"Company" means ‘Rockingham Motor Speedway Limited’
"Consideration" means the consideration payable by the "Client" to the "Company" as stated in the 'Agreement" and shall be calculated on the initial minimum number of participants indicated in the 'Agreement" or the number attending, whichever is greater.
"Deposit" means a deposit equal to 50% of the "Consideration".
"Event Date" means the date stated within the "Agreement" on which "Services" will be provided by the "Company" to the "Client".
"Function Room" means the suite(s) or conference room(s) based at the "Company"
"Participant" mean all or any Invitees of the "Client".
"Payment Dates" means the dates upon which the "Deposit" and the "Balance" are due and payable to the "Company".
"Representative" means any person or persons acting as servants or agents of the "Company" or independent contractors from time to time employed by the "Company".
"Services" means all services provided by the "Company" at the request of the "Client".
"Super Car" relates to high performance vehicles such as (without limitation of the generality of this Clause) V8, Ferrari and Porsche.

B. Application of Terms and Conditions
These terms and conditions apply in respect of all Services and Additional Services supplied or earned out by the Company under this Agreement on the Event date and no modification thereof is binding unless in writing and signed by a Duly Authorised Officer of the Company. These terms and conditions override any other terms and conditions stipulated, incorporated or referred to by the Client. The contract to which these terms and conditions apply shall not be assignable, and such a contract shall be governed by and construed in all respect in accordance with the laws of England. By signing the Booking Form which incorporates these Terms and Conditions, you agree on behalf of yourselves and all and any of your invitees (“Participants“) to be bound by them in their entirety.

C. Confirmation by Client
The Booking shall be regarded as provisional until: i) The Client signs the Booking Form, stating minimum participant and catering numbers; and ii) By signing the booking form the client agrees to adhere to these terms and conditions. The facilities contracted in the Booking Form are for the exclusive use of the Client and its affiliates, and resale of the facilities is not permitted without prior written consent from the Company.

D. Payment
The Client shall pay the Deposit to the Company on execution of this Agreement. The Client shall pay the Balance to the Company no later than 42 days prior to the Event Date. Additional Services shall be payable to the Company no later than 42 days prior to the Event date. Any Additional Services requested after this time shall be subject to a separate invoice which shall be payable by the Client to the Company no later than 30 days after the Event Date. Until the minimum 50% Deposit has been received by the Client, the Company shall be under no obligation to retain any particular Event Date for the Client and will be free to offer it to other Interested parties. The Event shall not run unless the Company has received the full Consideration by the stated time. Payment will be accepted via Visa and MasterCard credit cards. (Please note there will be a 3% surcharge on credit card payments). Interest at 2% above Bank of Scotland PLC base rate per month will be charged on all payments not received by the due date.

E. General
The Client will always comply with the statutory laws concerning licensing and entertainment provisions relevant to the Event. The Client shall ensure that the participants do not cause any damage to the function room or facilities of the company, and do not enter any areas unrelated to the booking. The company shall not be liable for any loss or damage to property of the Client or any such person as may so occur whilst on the property.


Conferencing & Banqueting / Suite Hire / Hospitality

1. Cancellation Terms
The following cancellation charges will apply in the event you cancel or postpone any Event booking:
More than 8 weeks before any Event – 25% of the Price.
From 8 weeks to 2 weeks before any Event – 50% of the Price.
From 2 weeks up to the 1 week before event date – 75% of the Price.
From 1 weeks up to the Event date – 100% of the Price.

All cancellations must be received in writing and will be deemed to take effect from the date of receipt by the Company. The cancellation charges exclude any external equipment hired in by the Company for the event as requested by the Client, where the Client will be charged 100% of the cost. Your guaranteed minimum numbers as stated on the booking form is the minimum number that you will be invoiced. Confirmed Final numbers must be given 14 days prior to the event where a supplementary invoice will be supplied. Please be aware that the supplementary invoice must be paid in full 7 days prior to the event taking place failure to comply with this request may result in your booking being cancelled.

2. Damage
Each suite will be handed over to the client before an event and must be left in the same condition after the event. Any damage made must be paid for by the Client. It will be made good by using materials and suppliers only approved by the Company to reach the satisfactory standard.

3. Force Majeure
If the Company is unable to perform any of its obligations under this Agreement by reason of any circumstances, cause or event outside its control including (without limitation of the generality of this Clause) any governmental restrictions, adverse weather, riot, commotion, acts of God, industrial action, breakdown of plant or any failure of gas, water service, electricity etc., the Company shall be entitled to be relieved of its obligations hereunder to the extent to which performance of the obligations is prevented, frustrated or suspended. In such circumstances non-performance of the obligations of the Company hereunder shall not entitle the Client to claim damages of any kind whatsoever whether direct, indirect or consequential.


Corporate Driving

1. Cancellation
The following cancellation charges will apply in the event you cancel or postpone any booking:
More than 8 weeks before any Event - 50% of the Price.
From 8 weeks to 2 weeks before any Event - 75% of the Price.
From 2 weeks up to the Event date - 100% of the Price.
The event date can only be changed at the Company's entire discretion.

2. Change in Numbers
A request to increase the number of guests may be made at any time but it may not be possible to accommodate this change. Any extra guests must be paid for according to the current price list. Once the Event Date is booked, numbers can be reduced at any time but the Consideration to be paid will remain as shown on the Agreement.

3. Damage
The Client is Liable for the first Two Thousand Pounds plus VAT (£2,000 + VAT) of any damage beyond normal wear and tear to each and every vehicle or other item of equipment supplied by the Company arising out of any act or omission of the Client or a Participant. This does not apply to Clients who have opted to cover themselves with the additional Vehicle Excess Waiver. If however the cause of the damage is said to be deliberate or reckless the Client shall be liable for the cost of all the damage so caused. Any damage made to the track by vehicles not owned by the Company must be paid for by the Client. It will be made good by using materials and suppliers only approved by the Company to reach the satisfactory standard.

4. Written Permission
The following participants must obtain prior written permission before they can participate:
Participants under the age of twenty-one. If permission is granted, the excess for an under twenty-one driver is increased to Two Thousand Five Hundred Pounds plus VAT (£2,500 + VAT). Please note that the option of Vehicle Excess Waiver is not available.
If under the age of twenty-five, prior permission must be obtained before Participants may drive Supercars (including but not limited to the following: Ferrari 360, Porsche 911, V8 Supercars).
Participants who hold a race licence.

5. Liability
It is a condition of this Agreement that in order for a Participant to take part in an Event the Participant must be in a fit medical condition to do so and must sign our disclaimer of liability agreement (available to you upon request) prior to its commencement. Any Participant failing to sign the disclaimer of liability agreement will not be permitted to take part in the Event.
You are responsible for ensuring all Participants are sufficiently capable of understanding instructions given to them in the English Language on safety or whilst driving. We will not be liable in any way for any consequences arising from your failure to do so.
The Client for and on behalf of itself and each and every Participant agrees to abide by and comply with any request or instruction made by or on behalf of the Company on the grounds of safely whether it be the safely of the Client the Participants or some other person or on any other reasonable grounds. The opinion of the Company and its Representatives shall be final as regards any matters of safety and the Client for and on behalf of itself and every Participant agrees to abide by such opinion howsoever expressed. If in the opinion of the Company, or its Representative, the Client or a Participant is, or may be, behaving dangerously, or is acting in a manner which will, or may in the opinion of the Company or its Representative lead to a disruption of services at the contracted Event, the Client or the Participant will, at the request or instruction of the Company or its Representative, leave the site of the Event for the remainder of the day contracted for, and in such circumstances the Company and its Representative shall be under no further Liability to the Client or the Participant as the case may be. The Company reserves the right to suspend all activities at the contracted Event until any request or instruction to leave as aforesaid has been fully complied with.
We have full legal liability insurance cover up to a limit of £50,000,000 for any one event and unlimited aggregate cover in the period for all events.

6. Refusal of Admission
The Company reserves the right in its absolute discretion to object to the attendance, on behalf of or at the request of the Client, of any person(s) and the Company reserves the right in its absolute discretion to refuse admission to the Client or any of the Participants or sub-contractors.

7. Variations
No variation of this Agreement shall be binding upon the parties to this Agreement unless it is in writing and signed by the parties. No relaxation or indulgence, which the Company may from time to time extend to the Client, shall in any way prejudice or act as a waiver of the Company's rights hereunder. In line with the company’s policy of constant product improvement the company reserves the right to substitute any vehicle.