Booking Terms & Conditions

 

EVOLVE DRIVER TRAINING AND EVENTS

Terms and Conditions

 

Evolve Driver Training and Events wants you to have a safe and enjoyable experience when you take part in our programs.

 

When you make a booking with us, or a booking is made on your behalf, you enter into a contract (“the Agreement”) with the following terms and conditions (“the Terms”). These Terms explain your rights and responsibilities – before booking, you should read the Terms carefully, and seek independent legal advice as necessary to assist your understanding of them.  

 

  • Who is bound by the Agreement?

    The Agreement binds Evolve Driver Training and Events Pty Ltd (ACN 168 513 862), the person that makes the booking, and the Participants in our programs.

    If a person makes a booking on your behalf, that person acts as your agent and binds you under the Agreement.

    For the avoidance of doubt, every Participant in our programs is required to complete an Evolve Driver Training and Events Indemnity and Release Form prior to engaging in any activity.

  • Who is a Participant?

    Vehicle drivers, passengers, support crew and event spectators are all considered participants (“the Participants”, “you”) in our programs. It is a condition of participation that every Participant complete an Evolve Driver Training and Events Indemnity and Release.

  • What’s in the Evolve Driver Training and Events Indemnity and Release?

    In summary, the Indemnity and Release form relieves Evolve Driver Training and Events and the venue that hosts our program from liability for any injury, loss or damage, howsoever caused, to you and your vehicle.

    Among other things, the Indemnity and Release form states that as a Participant you acknowledge that you are engaging in a potentially hazardous activity at your own risk, that you are fully responsible for your driving after the program, and where you have provided a vehicle that you are fully responsible for it.

    You can read the Indemnity and Release form . You can download the form from this link, the form(s) will be provided to the booker prior to the event for distribution to all Participants, and if necessary the form will be presented to each Participant on the day of their program. In any event, each Participant should read, understand and complete the Evolve Driver Training and Events Indemnity and Release. If you do not complete this form you will not be permitted to participate in the program – whether as driver, passenger, support crew member or spectator – and be asked to leave the venue.

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    After a booking is made, Evolve Driver Training and Events will send the person that made the booking (“the booker”) a booking confirmation and statement of important details (“the statement”) and copies of the Evolve Driver Training and Events Indemnity and Release.

  • The booker must inform all Participants of the details of the statement.

  • Venue, Date, Time

    The event will take place on the date and at the venue and time nominated on the statement.

    However, you as a Participant accept that the event may be rescheduled by Evolve Driver Training and Events for any reason, including for unforeseen circumstances, safety concerns or to accommodate venue operators.

    Evolve Driver Training and Events will not be held responsible for any injury, damage, loss, cost or expense incurred by Participants by reason of the rescheduling of events or by reason that a Participant has not attended the event at the nominated date, venue or time.

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    Before attending the event, vehicle drivers are responsible for ensuring that vehicles are:

    of roadworthy condition and safe to drive, and in particular (but without limitation) that:

    vehicle braking systems are fit for purpose;

    vehicle tyres are fit for purpose and track and weather conditions; and

    vehicle seats, seatbelts and harnesses are fit for purpose.

    registered in accordance with all applicable government regulations;

    appropriately insured.

  • You as a Participant accept that Evolve Driver Training and Events staff will not drive or instruct the driving of a vehicle if staff form the opinion that the vehicle is not of roadworthy condition or is unsafe to drive.

  • If Evolve Driver Training and Events staff form the opinion that the vehicle is not of roadworthy condition or is unsafe to drive the vehicle cannot be used in the program.

  • In the event that a vehicle is damaged in the course of a program, Evolve Driver Training and Events reserves the right to have the vehicle assessed at its expense to determine the cause of the damage.

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    You must be appropriately licensed (or carry the appropriate exemption) to participate in Evolve Driver Training and Events programs.

  • Without limiting paragraph (a), to participate as a vehicle driver in some programs (pleaes refer to Evolve Driver Training and Events program description on our ) you must hold a current Confederation of Australian Motor Sport (CAMS) Speed Licence (L2S) and membership.

  • Evolve Driver Training and Events can assist you to purchase the CAMS licence and membership on the day of the event.

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    You as a Participant must provide and wear clothing appropriate to the activity(s) in which you will participate.

  • Without limiting paragraph (a), vehicle drivers and passengers participating in high performance activities must wear:

    non-flammable clothing that covers the body;

    a helmet that satisfies

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    Evolve Driver Training and Events will organise catering from a third party provider who will supply food and beverage in accordance with the terms of the booking.

  • You as a Participant acknowledge and accept that Evolve Driver Training and Events bears no responsibility for the third party provider and its goods and services and absolve Evolve Driver Training and Events from all liability in respect of the catering.

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    Evolve Driver Training and Events’ programs are alcohol and drug free.

  • Evolve Driver Training and Events takes no responsibility whatsoever for Participants that have consumed or are affected by alcohol or drugs.

  • If you have consumed or are affected by alcohol or drugs you must exclude yourself from Evolve Driver Training and Events’ programs.

  • Cancellation/Refunds Policy

    If you are unable to attend the booked event, you are required to give at least seven (7) days notice or you will be charged the full booking fee.

  • Alternatively you can nominate a substitute attendee to take your place. The substitute must then acknowledge in writing that they accept these Terms.

  • If you are unable to attend due to illness Evolve will allow your booking to be transferred to a later date (not refunded) upon production of a valid medical certificate.

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    After booking, Evolve Driver Training and Events will issue the booker a tax invoice.

  • The tax invoice is payable on the date specified, and Evolve Driver Training and Events will not provide any services where total payment is outstanding.

  • Goods and Services Tax

    Unless expressly stated otherwise, all amounts payable in relation to this Agreement are exclusive of GST.    

  • Dispute Resolution

    Before court or arbitration proceedings other than for urgent interlocutory relief may be commenced, the following steps must be taken to attempt to resolve any dispute that arises out of or in connection with this Agreement (including any dispute as to the validity, breach or termination of the Agreement, or as to any claim in tort, in equity or pursuant to any statute):

    Notice (“the notice of dispute”) must be given in writing by the party claiming that a dispute has arisen to the other party to this Agreement specifying the nature of the dispute.

    Upon receipt of the notice of dispute, the parties must attempt to agree upon an appropriate procedure for resolving the dispute.

    If within 10 business days of receipt of the notice of dispute the dispute is not resolved or an appropriate dispute resolution process is not agreed, then the parties shall refer the dispute to an accredited mediator listed in the Law Institute of Victoria’s Mediators Directory for mediation.

    The parties must co-operate with the mediator.

    If within 20 business days of receipt of the notice of dispute the parties have not agreed upon the mediator or other relevant particular the mediator and any other relevant particular will be determined by the Chairman of the Victorian Bar Council.

    The cost of mediation shall be shared equally between the parties.

    This clause will remain operative after the Agreement has been performed and notwithstanding its termination.

  • Entire Agreement

    This Agreement, the Evolve Driver Training and Events Indemnity and Release, and the written terms of booking contain the entire understanding and agreement of the Parties with respect to their subject matter.

    There is no prior contract, express or implied prior understanding, warranty, representation or undertaking, which is not included in or superseded by this Agreement, the Indemnity and Release, and most recent written terms of booking.

  • Variation

    Variations or additions to this Agreement will only be valid if they are in writing, signed by both parties and are stated to be a variation.

  • No agency

    Nothing in this Agreement is to be construed to constitute the parties as legal partners nor to constitute any of the parties the agent of the other party.

    Neither party may attempt to bind or impose any obligation on a party or incur any joint liability without the mutual consent of the other party.

  • Severability

    If any provision of this Agreement is judged to be invalid, illegal or unenforceable, that provision shall be severed but the remainder of the provisions will continue unaffected.

  • Survival

    Any provision that contemplates that a party has any rights or obligations after the termination or expiry of this Agreement shall survive that termination or expiry.

  • Governing Law

    The relationship between the parties and this Agreement will be governed by the laws of Victoria, Australia.

    Subject to the Dispute Resolution clause, any disputes will be subject to the exclusive jurisdiction of the Victorian courts.

  • Privacy

    Evolve Driver Training and Events is a small business operator for the purposes of the (Cth), therefore not bound by the Australian Privacy Principles.

    However, Evolve Driver Training and Events makes reasonable efforts to safeguard the information you provide, will not share it with any other person (unless required for the provision of our programs, as required by law, or with your consent), and will only use the information for the purposes stated in paragraph (d).

    Evolve Driver Training and Events may ask you for information such as your name, licence details, email address, postal address, age, gender, telephone number and credit card details. Evolve Driver Training and Events may also conduct optional surveys asking for your views on our programs.

    The purposes of gathering the information referred to in paragraph (c) are for Evolve Driver Training and Events to:

    communicate with you, including for the purposes of notifying you of our programs and promotions;

    be paid for our services; and

    assess our services.

 

 

 

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