Untitled Document

OFF ROAD TERMS & CONDITIONS

IMPORTANT NOTE: Please read carefully.
These are the Terms & Conditions by and subject to which Track Sense (Track Sense its servants or agents or other representatives hereinafter and collectively referred to as “TS”) agrees to provide and allow a motorcycle rider (”the Rider”) to participate in an Off Road Motorcycle Demonstration Ride (“Ride”) and by and subject to which TS agrees to obtain other Ride related services as requested by 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 a 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.

THE RIDE:
1. The Rider accepts that riding a motorcycle and participating in the Ride, on whatever racing circuit, track, road, 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 TS 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 Ride, whether on a public or private highway or at or on such route or course as may be taken for the purposes of the Ride, 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 and (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 TS or other participants in the Ride 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 TS, 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 TS to allow him to participate in the Ride (b) his eyesight (with spectacles or lenses which he will wear as necessary) is adequate for the purposes of the Ride and that (c) he will not participate in the Ride 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) TS is not a training organisation and does not represent itself as such and that (b) whilst TS 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 TS and the Rider agree that nothing in this Agreement shall exclude or in any way limit TS’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 TS 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 TS breach of the express terms of this Agreement and (ii) not exceeding the amount of the sums paid and received by TS 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 TS, 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 TS 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 Ride or his breach of any of the terms of this Agreement.

7. TS 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 Ride or other any service or facility if the rider is judged by TS as acting irresponsibly, unreasonably by or in a manner likely to endanger or cause loss or damage to the Rider, TS or others.

USE OF MOTORCYCLE (BIKE) AND/OR CLOTHING:
1. The Rider agrees and accepts that: the motorcycle and/or any safety clothing or equipment (“clothing”) provided at his request, is provided to him for the sole purpose of a non-competitive Ride; that if the motorcycle or clothing is rendered or appears to TS to be unusable or unsafe due to damage whilst in his custody or possession or otherwise as a consequence of his negligence, misuse or neglect the Rider will (a) forfeit all and any entitlement to participation in any remaining period of Ride and any right to a refund, (b) that a replacement motorcycle/clothing will not be provided, and that (c) major accident repairs cannot be undertaken on location.
2. The Rider agrees and accepts that: in the event of a motorcycle breakdown caused through no fault of his own, his sole and exclusive remedy against TS shall be limited to (and at the sole option or discretion of TS) either a refund, determined by reference to the period remaining at the time of the breakdown calculated on a pro-rata basis, or repair or the use of a replacement motorcycle, but that any costs for travel, accommodation and subsistence etc. will not be refunded or otherwise payable to him under any circumstances.

DETAILS SUBJECT TO CHANGE:
If circumstances beyond the control of TS force TS to do so, TS reserves the right to, without prior notice, make any changes deemed necessary to facilitate the Ride or any other service obtained by TS at the request of the Rider or customer.

PAYMENT TERMS:
Unless specifically agreed otherwise, all reservations & bookings are subject to full payment at the time of booking. Cancellations notified to us more than one calendar month before the event subject to a £10 per rider admin fee. Cancellations notified to us less than one calendar month before the event will forfeit all monies paid, unless a replacement rider can be found, in which case a £10 admin fee will apply. All credit card payments are subject to an additional and non-refundable charge of 1.5% (no charge for debit cards).

PERSONAL ACCIDENT:
Riders are not covered by our insurance for any damage or loss or personal injury that they may inflict on themselves or others.