1. Definitions and interpretation
1.1 The following terms shall have the following meanings for the purposes of this agreement:
1.1.1 ‘Experience Limits’ means Experience Limits;
1.1.2 ‘Client; means the person placing a booking with Experience Limits
1.1.3 ‘Conditions’ means the provisions set out below which shall be incorporated into this agreement in their entirety;
1.1.4 ‘Notice’ means notice complying with the terms of clause 9.8;
1.1.5 ‘Payments’ means the amounts listed on Experience Limits website, or other such publication, from time to time in force, subject to amendments at the absolute discretion of Experience Limits;
1.1.6 ‘Services’ means the provision of driver training or experience days ‘Event’ means such driver training, track days and experience days as provided by Experience Limits
1.2 Headings contained in this agreement are for reference purposes only and should not be incorporated into this agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
1.3 All agreements on the part of either of the parties which comprise more than one person or entity shall be joint and several and the neuter singular gender throughout this agreement shall include all genders and the plural and the successor in title to the parties.
2 The Contractor’s obligations
2.1 Services to be provided by Experience Limits
Experience Limits will provide such driver training, driving experience days, track days and/or activity days as required by the Client subject to the terms set out herein.
To comply with the terms of any Notice specifying a breach of the provisions of this agreement and requiring the breach to be remedied so far as it may be but nothing in this clause is intended to require the Client to serve notice of any breach before taking action in respect of it.
3 The Client’s obligations
In consideration of the services to be rendered by Experience Limits under this agreement the Client agrees to make the Payments promptly without demand deduction or set-off.
4.1 The Client may cancel this agreement at any time 14 days before the date of the Event. In the event of cancellation more than 14 days before the Event, alternative dates may be booked.
4.2 In the event of cancellation less than 14 days before the Event, you will forfeit your booking and Experience Limits shall be entitled to retain the Payments.
4.3 Experience Limits may cancel or amend an Event at any time. In the event that a cancellation or amendment is required, Experience Limits will provide as much notice to the Client as possible of this cancellation or amendment.
4.4 Experience Limits will not be liable to the Client for any losses or expenses they have incurred whatsoever as a result of the cancellation or amendment. For the sake of clarity, Experience Limits will not be liable for any consequential losses as a result of any cancellation or amendment by Experience Limits.
5 No liability on part of Experience Limits unless Experience Limits in default
The Client recognises that the Event may represent a hazardous activity and takes part in the event at their own risk. Save where the Client is acting as an individual or a consumer, as defined by the Consumer Credit Act 1974, Experience Limits shall not be liable to the Client for death or personal injury or for the loss or damage to the Client’s property unless due to the negligence or other failure of Experience Limits to perform its obligations under this agreement or under the general law.
6 Termination for breach
The following obligations are conditions of this agreement and any breach of them shall be deemed a fundamental breach which shall determine this agreement immediately and the rights and liabilities of the parties shall then be determined in accordance with clause 8:
6.1 Failure on the part of the Client to make punctual payment of all sums due to Experience Limits under the terms of this agreement.
7 Termination consequences
In the event of this agreement being determined whether by effluxion of time Notice breach or otherwise:
7.1 The Client shall immediately pay to Experience Limits all arrears of Payments and any other sums due under the terms of this agreement
7.2 Either party shall be entitled to exercise any one or more of the rights and remedies given to it under the terms of this agreement and the determination of this agreement shall not affect or prejudice such rights and remedies and each party shall be and remain liable to perform all outstanding liabilities under this agreement notwithstanding that the other may have exercised one or more of the rights and remedies against it; and
7.3 Any right or remedy to which either party is or may become entitled under this agreement or in consequence of the other’s conduct may be enforced from time to time separately or concurrently with any right or remedy given by this agreement or now or afterwards provided for and arising by operation of law so that such rights and remedies are not exclusive of the other or others but are cumulative.
All sums due from the Client which are not paid on the due date (without prejudice to the rights of Experience Limits under this agreement) shall bear interest from day to day at the rate of 2% per month until judgment or sooner payment.
8.2 Force majeure
Experience Limits shall be released from their obligations in the event of national emergency war prohibitive governmental regulation or if any other cause beyond their reasonable control or the Client renders the performance of this agreement impossible whereupon all money due under this agreement shall be paid immediately and in particular the Client shall immediately pay to Experience Limits all arrears of Payments.
If any provision of this agreement is declared by any judicial or other competent authority to be void voidable illegal or otherwise unenforceable the remaining provisions of this agreement shall remain in full force and effect unless Experience Limits in Experience Limits’s discretion decides that the effect of such declaration is to defeat the original intention of the parties in which event Experience Limits shall be entitled to terminate this agreement by 30 days’ notice to the Client and the provisions of clause 9 shall apply accordingly.
8.4 Whole agreement
Each party acknowledges that this agreement and the Conditions contain the whole agreement between the parties and that it has not relied upon any oral or written representation made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.
8.5 Supersedes prior agreements
This agreement supersedes any prior agreement between the parties whether written or oral and any such prior agreements are cancelled as at the Commencement Date but without prejudice to any rights which have already accrued to either of the parties.
Any decision exercise of discretion judgment or opinion or approval of any matter mentioned in this agreement or arising from it shall be binding on a party only if in writing and shall be at its sole discretion unless otherwise expressly provided in this agreement.
8.7 Change of address
Each of the parties shall give notice to the other of the change or acquisition of any address or telephone telex or similar number at the earliest possible opportunity but in any event within 48 hours of such change or acquisition.
All notices to be given under this agreement shall be in writing and shall either be delivered personally or sent by first class or airmail prepaid post or by telex, cable or facsimile transmission and shall be deemed duly served:
8.8.1 in the case of a notice delivered personally, at the time of delivery;
8.8.2 in the case of a notice sent inland by first class prepaid post, 2 clear business days after the date of dispatch;
8.8.3 in the case of a notice sent overseas by airmail, 7 business days (being business days in the place to which the notice is dispatched) after the date of dispatch; and
8.8.4 in the case of a telex, cable or facsimile transmission, if sent during normal business hours then at the time of transmission and if sent outside normal business hours then on the next following business day provided (in each case) that a confirmatory copy is sent by first class prepaid post or by hand by the end of the next business day.
Each notice shall be addressed to the address of the party concerned set out in this agreement or to such other address as that party shall have previously notified to the sender.
8.9 Proper law and jurisdiction
8.9.1 This agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.
8.9.2 Any proceedings arising out of or in connection with this agreement may be brought in any court of competent jurisdiction in England and Wales.
8.9.3 The submission by the parties to such jurisdiction shall not limit the right of Experience Limits to commence any proceedings arising out of this agreement in any other jurisdiction it may consider appropriate.
8.9.4 Any notice of proceedings or other notices in connection with or which would give effect to any such proceedings may without prejudice to any other method of service be served on any party in accordance with clause 9.8.
8.10 Third party rights
A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement.
9. Experience Day Agreement
I agree to take part in the experience which I understand can be dangerous. I agree to keep indemnified Experience Limits, their officials, instructors, representatives and agents and any other persons using the facility, from claims of damage to property or myself or passengers however caused. I declare to the best of my knowledge and belief I possess the standard of competence necessary for this activity. Any provisions in this contract applying to the conduct of myself apply equally to any such friends or family.
I declare to the best of my knowledge and belief I am physically able to participate in the activity and I do not suffer from any permanent or temporary illness or disability that may affect my ability to take part. I am not currently taking drugs which may interfere with my ability to take part in this activity, and I am not under the influence of alcohol. I will not consume any alcohol from the time I sign this form until the completion of my activity.
I accept that no claim can be made against Experience Limits in respect of the unavailability of the circuit for whatever reason. I understand that sometimes due to reasons beyond the control (eg. mechanical breakdown) of Experience Limits my activity may have to be cancelled or suspended. If this happens every effort will be made to fix the problem as soon as possible and continue the experience. If this is not possible an alternative experience on that day will be offered by Experience Limits or I will be re booked on the next available day.
I agree to listen to the briefing and all instructions given by my instructor and act on the advice given to me. I understand that in the event of an accident caused by myself, this will result in me being liable for the first £5000 of damage.