AGREEMENT

1)     Terms and Conditions

a)      The Terms and Conditions in this document will form the basis of the contract for the Driving Experience and are intended to avoid any confusion or dispute between you and us.

b)     In these Terms and Conditions, various words have the meanings detailed below:

Agreement means this agreement.

Booking Form means the booking form or online registration by which You order the Driving Experience; Confirmation means the confirmation of booking which we send you to confirm your booking of the Driving Experience.

Car means a vehicle use for the Driving Experience, be it supplied by You or Us which will be used for the Driving Experience.

Drivers means the drivers (or any one of them) who will be taking part in the Driving Experience including, if applicable, you.

Driving Experience means the driving experience to be provided as detailed to you prior to your registration in brochures, web-pages and any other promotional document as well as after registration, the Confirmation document sent to you;

Event Client means an entity that has engaged Downforce to operate the Driving Experience.

Instructor means persons engaged by Us to provide specialist advice and techniques to allow you to get the most out of your Driving Experience.  The Instructor may also provide safety information and safety directives.

Venue means the venue/s that the driving experience takes place at.  In some cases, the Driving Experience may take place at multiple venues, and if so, the meeting point where the Driving Experience begins and ends will be clearly stated in the Confirmation document;

You, your means the customer/s named on the Booking Form; Us, we, our means Downforce Limited, the organiser/operator of the Driving Experience, and includes Event Client/s when Downforce processes your booking under these Terms and Conditions on behalf of an Event Client.

2)     Driving Experience Health and Safety

a)      In accordance with the Health and Safety at Work Act 2015 (HSWA), We are committed to taking all practicable steps to ensure the safety of those involved in the planning and running of this Driving Experience.

b)     You are registering to take part in a Driving Experience that carries with it risks that could injure you, and/or cause loss of life.  The risks that you may encounter during your participation in this Driving Experience are noted at the bottom of this document.  Please be aware of these risks before you complete the Booking Form.  You may contact drive@downforce.co.nz at any time should you wish to learn more about these potential risks and how they may affect you.  Please note, other risks may become present during your Driving Experience.  We will communicate any relevant additional information about risks you may encounter as soon as possible.

c)      We shall remind you of these risks prior to beginning your participation in this Driving Experience.  You may seek clarification during the event at any time of the risks associated with this Driving Experience. 

d)     Safety shall be the first factor that is considered in all planning and operation for this Driving Experience.  Downforce undertakes to run Driving Experiences that ensure staff, contractors, Drivers and spectators return home safely at the conclusion of the Driving Experience.

e)     We reserve the right to stop this Driving Experience at any time in the case of serious health and safety concerns until those concerns are resolved.

3)     Booking of the Driving Experience

a)      Any of your personal information collected on the Booking Form or at any other time before, during or after the Driving Experience shall be kept in line with our Privacy policy which can be found on www.downforce.co.nz or by emailing drive@downforce.co.nz. 

b)     The Driving Experience is available to invited guests only.  In case you received the Booking Form by error or through a third party not approved by Us or the Event Client, We reserve the right to cancel your booking and refund any money You have paid Us even if you have received a Confirmation.

c)      We are not bound to accept any booking until we provide our Confirmation.

d)     Payment of the Driving Experience must be made in full with each Booking Form.

e)     The cost of your participation in this Driving Experience is outlined in the Booking Form and is charged per person unless otherwise clearly stated.  You may not share the Driving Experience with another person without prior written agreement with Us.

f)       You may request a change in date of the Driving Experience up to 1 month before the date of the Driving Experience at no additional cost but subject to availability.

g)      Spectators are not allowed unless otherwise agreed.  In some instances spectators may be invited as part of the Driving Experience and this will be made clear in information provided prior to completing the Booking Form.

h)     We reserve the right to verify the details supplied by You and refuse or cancel registration of any person whose Booking Form and information supplied to Us is not accurate and/or in accordance with these Terms and Conditions.

i)       All care has been taken to ensure all information on the Booking Form and other Driving Experience related marketing materials and information is accurate.  To the maximum extent permitted by law. We take no responsibility and accept no liability whatsoever for any incorrect or inaccurate information or any difficulty experienced by any person attempting to complete the Booking Form or register in any way for this Driving Experience.

4)     Transport

a)      Transport to and from the Venue is the driver's own responsibility.

b)     We shall not be liable for Drivers missing part or all of the Driving Experience due to any circumstances resulting in their late arrival to the venue. In some Driving Experiences it may not be possible for you to join the experience if you arrive to the Venue late.

5)     Drivers

a)      All Drivers must be aged at least 18 and be in good health. All Drivers must be free from any medical condition or illness which may affect or impair the Driver's ability to drive the Car and/or could cause illness to others attending. 

b)     All Drivers must hold a current valid NZ driving licence and will be required to produce their driving licence prior to the commencement of the Driving Experience. Any Driver who fails to produce a valid driving licence prior to commencement of the Driving Experience will not be permitted to undergo the Driving Experience.  Provisional licences and copies of licences are not acceptable to Us.

c)      You must have a strong understanding of the English language to participate in this Driving Experience as all briefings and instruction shall be given in English.  Any Drivers not demonstrating a clear understanding of briefings and instruction given in English language shall cease driving on safety grounds.  Please do not complete the Booking Form and register for this Driving Experience if you do not have a strong understanding of the English language.

d)     All Drivers plus any spectators attending the Driving Experience must sign a standard Downforce waiver of liability prior to driving at the Venue.  Downforce is aware of its obligations towards all guests attending this Driving Experience, and that such waiver documents cannot be used to contract out of negligence.  A copy of the waiver of liability form may be obtained by emailing drive@downforce.co.nz.

e)     All Drivers are required at all times to drive the car in a careful and safe manner and to follow the instructions of their instructor. You will be liable for your acts and omissions and your failure to drive the car in accordance with this paragraph.

f)       We reserve the right to refuse to allow any Driver to drive or carry on driving if in our reasonable opinion any such Driver appears unfit to drive for any medical reason or disregards safety instructions or the instructions of any Instructor or is considered to be acting in a manner which may endanger the safety of any persons or property. We will not pay any refund or permit a substitute Driver in the event that we refuse to permit any driver to drive or carry on driving.

g)      All persons attending the Driving Experience must not be under the influence of alcohol or drugs. Persons participating in the Driving Experience, including those spectating within 100 metres of any driving area must have a breath-alcohol reading of zero (0) based on testing on Our supplied breath alcohol test device. We reserve the final right to exclude the participation of any person suspected or proven to be under the influence of alcohol or drugs. No refund shall be given in cases where a person has a reduced volume of driving or cannot drive at all due to alcohol or drug issues. Persons not agreeing to submit to the breath alcohol test will not be allowed to participate in any part of this Driving Experience.

h)     You consent to the filming and recording of Your involvement in the Driving Experience. By doing so it is also agreed by You that;

i)       The resulting footage/recording can be used by Us and/or the Event Client for such of its promotional purposes as it desires and in such advertising mediums as it may use from time to time;

ii)      The intellectual property rights of the resulting footage/recording are Our and/or the Event Client’s sole property.

iii)    You have the right to opt out of your agreement to being filmed and recorded at any time, by notifying Us prior to the commencement of the Driving Experience by emailing drive@downforce.co.nz or by notifying any of Our team at any point during the Driving Experience. 

6)     Cancellation

a)      If You wish to cancel the Driving Experience:

i)       at any time up to 90 days before the date of the Driving Experience, we will charge you a cancellation and administration fee of $75 before refunding all other payments You have made to us for Your booking.

ii)      at any time from 90 to 30 days before the date of the Driving Experience, we will charge you a cancellation fee of 50% of the total costs of the Driving Experience.

iii)    within 30 days of the Driving Experience, we will charge you a cancellation fee of 100% of the total costs; and any such cancellation must be made in writing to us by email to drive@downforce.co.nz.

iv)    If you do not attend the Driving Experience and we have not received any written cancellation from you, you will not be entitled to any refund.

v)      Should a sickness/illness prevent you from attending the Driving Experience, please notify Us prior to the beginning of your scheduled Driving Experience, and as soon as possible by emailing drive@downforce.co.nz.  Cancellation of your Driving Experience leading to a refund will be considered in exceptional cases. 

vi)    We may, at Our discretion, allow the transfer of Your Booking Form to another individual. The individual must meet the restrictions for participation in the Programme listed at clause 5 and a new Booking Form must be completed within 24 hours of agreement between You and Us to transfer the booking.

7)     Cancellation by Us

a)      Every effort will be made to ensure that the Driving Experience is carried out in accordance with the Confirmation. However, we reserve the right to cancel the Driving Experience or modify it in the event that adverse weather conditions render it in our opinion unsafe to carry out the Driving Experience as originally planned. Furthermore, we may cancel the Driving Experience if due to reasons beyond our reasonable control we are unable to provide cars or Instructors or any other component required to provide the Driving Experience.

b)     In the event that we cancel the Driving Experience before the Driving Experience commences, we will notify you immediately. We will rearrange the Driving Experience to be provided on a mutually convenient time or date, or, if you prefer, will refund to you all money which you have paid to us less any fees relating to items or benefits already given to You. We will not be liable for any other expenses which you may have incurred and will have no other liability to You for failure to hold a Driving Experience, or for rescheduling any Driving Experience.

c)      If We cancel the Driving Experience after the Driving Experience has commenced, we will either rearrange the remaining the Driving Experience to be conducted on a mutually convenient date or refund to you part of the price taking into account the quantity of Driving Experience undertaken prior to cancellation and the scheduled duration of the Driving Experience. We will not rearrange the Driving Experience or make any refund if we cancel the Driving Experience for a reason stated in paragraph 7(a) and/or 50% of the scheduled time of the Driving Experience has already been undertaken.

8)     Driving Experience

a)      You will be required to check-in on the day of the Driving Experience at a time noted in the Confirmation document, or as noted on subsequent Confirmation documents.  If no time is set on these documents, you must check in at least 30 minutes before the scheduled start time (in order to complete the waiver of liability form and other registration processes. You will not be allowed to commence the Driving Experience if you have not completed the waiver of liability form and other registration requirements).

b)     We do not make any statement that Drivers will achieve any particular standard or competency following the Driving Experience or that the Drivers will be competent to drive cars of the same or similar type as the car.

c)      Times stated in respect of the duration of the Driving Experience are estimates only. The Driving Experience may be for a shorter or longer period and you should treat any times stated by us as estimates only.

d)     We will not be liable for any loss of damage caused during the Driving Experience unless it is our fault. Our liability for death or personal injury caused by our negligence is not restricted or excluded in any way.

e)     For some Driving Experiences, we may make statements and or display signs about our perception of the weather conditions, which you may use to support your decision making around the use of a vehicle or vehicles you own, relating to your insurance cover of your vehicle/s.  Any statements made by Us relating to the current weather conditions shall be made as a guidance, with no liability falling on Us to prove any weather statements made were correct.  Liability for judgement of current weather conditions shall remain with You at all times, including the ability to prove the weather conditions to entities such as vehicle insurance companies in case of an incident. You are responsible for understanding how weather may affect Your insurance cover.

f)       You are free to record your Driving Experience by photography, video capture and data capture, as long as any equipment is mounted safely at the sole discretion of Us, and that your use of any recording equipment does not cause distractions for You, your Instructor or any other Driver attending this Driving Experience.  We may require you to cease using any recording device at any time we deem such devices to be unsafe or causing distraction.

g)      It will be clearly stated in the marketing materials, websites and any Booking Form related to this Driving Experience if vehicles will be supplied for your use during this Driving Experience.  If it is not clearly stated that vehicles are supplied for your use, then you are responsible for supplying a vehicle or vehicles for your use during the Driving Experience. 

h)     No hybrid or electric vehicle is allowed to take part in this Driving Experience without prior notification to Us.  Please contact Us on drive@downforce.co.nz prior to completing the Booking Form to confirm if the vehicle You plan to drive at this Driving Experience is approved for use.  Please note some Venues do not allow hybrid and/or electric vehicles to be used at their location.  We shall not be liable to refund you any monies in cases where you have not agreed with us that you can participate in a hybrid or electric vehicle and this is the only vehicle you have brought to the Venue for you to drive at this Driving Experience.

i)       You agree to pay Us and/or the Venue any costs of repairing and making good any damage to the Venue or to Our equipment, save where such damage results from the negligent act or negligent omission of Us or the Venue, its employees or agents.

j)       If noted in the Booking Form and or the pre event information, we may arrange suitable catering of Our and/or the Event Client’s choice for You. Written notice of any special dietary requirements must be provided by the You at least 7 days prior to the start of the Driving Experience be emailing drive@downforce.co.nz.  Should you have agreed with us for a spectator to join the Driving Experience, additional fees may be payable for their catering.  These fees will be communicated to you at the time of agreeing the spectator may attend.

9)     Mobile Phones

a)      You will not be allowed to use either a mobile phone at any time while driving. Failure to comply with this request may result in dangerous or hazardous situations to both you and other Drivers and you being removed from the Driving Experience.

10)  General

a)      It is our intention that all terms of the contract between you and us in respect of the Driving Experience are contained in this document. However, if you are a consumer, your rights provided under statute are not affected by anything contained in this document.

b)     In the event of the invalidity of any part of the provisions of this Agreement such invalidity shall not affect the enforceability of any other part or provisions of this Agreement.

c)      Force Majeure - Compensation to You will not be payable by Us if cancellation or changes to this Driving Experience are made for reasons of war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, global pandemic, fire, adverse weather conditions or breakdown or damage to or confiscation of property or other circumstances amounting to force majeure.

i)       The obligations of a party, other than the obligation to pay money, shall be suspended during the time and to the extent that the party is prevented from or delayed in complying with that obligation by Force Majeure.

(1)   A party affected by Force Majeure shall:

(a)    as soon as possible after being affected give to the other party full particulars of the Force Majeure and the manner in which the performance of its obligations is thereby prevented or delayed; and

(b)   promptly and diligently take appropriate action to enable it to perform the obligations prevented or delayed by Force Majeure.

(c)    The parties shall use reasonable endeavours to remove or mitigate any Force Majeure at the earliest possible time.