Track booking terms
Bruce McLaren Motorsport Park is owned and operated by a widely-held unlisted company, TMP Limited. The Park’s International Track (Track 1) is the only Fédération Internationale de l'Automobile (FIA) Grade 2 circuit in New Zealand, allowing TMP to host the highest level of motorsport competitions other than Formula One.
The tracks and facilities which form Bruce McLaren Motorsport Park are available for hire and use on a commercial basis and are open to anyone wishing to enjoy the many aspects of motorsport.
These activities have included:
Cycle clubs and competitions
Show and shine displays
Car and Motorcycle Club meetings
Motorcycling track days
Car track days
New model launches and demonstration days
Car and motorcycle practice and test days
Typical hires, which may involve any one of the tree tracks, the drag strip, burnout pad or drift facility, include –
Track Dayz – open to individual bike or car owners with daily track charges applying and may include garaging or other extras as required. These days are run by TMP Limited and covered by TMP’s indemnity documentation. Bookings are preferable and include discounts and benefits for those who join The Circuit Club Inc. Dates, conditions and charges are typically posted on the Track Dayz section of the website.
Training is available through the circuit’s driver enhancement academy which is a licensed Motorsport NZ race driving school.
Single Hirer – a single hire agreement for part or a whole facility entered by a party for private use. This may involve testing or private fun days with no public attendance.
Single Hirer – a single hire agreement for part or a whole facility entered by a party for multiple users for private use with no public attendance. This may involve group or club activities on either the International, National or Club tracks and can include garaging, hospitality and catering.
Event Promoter – a promoter typically hiring all or a significant part of the facilities for the purposes of running a competition type event with public attendance, with sponsors and generally, run under an organising permit issued by a motorsport governing body such as Motorsport NZ or Motorcycling NZ.
Non-Permitted Event Promoter – commercial track day organisers charging clients for track and other facilities with no public attendance.
Terms and conditions of hire are set out below. Hire is by application to TMP with various rights charges applying depending on the hirer’s intended activity.
(See Full Terms at bottom of page)
Track Hire includes:
- Access to the Pit/Paddock Area from 8:00 am until 5:00 pm on the day of hire. Access at other times may incur an additional fee;
- Access to the track hired from 9:30 am until 4:30 pm
1. A deposit of 30% is required no later than 5 working days after the date the booking is made.
2. Another payment of 50% is required at least 3 months prior to the date of hire. The balance of the hire cost must be paid not less than 10 working days before the date of the hire. If the booking is made less than 10 working days from the proposed hire, all fees must be paid at the time of booking.
3. If final payment is not made by the due date, the booking will be deemed to have been cancelled and TMP may re-allocate the booking without notice.
4. Any request by the hirer for a variation to a booking must be made in writing.
5. Security is recommended on the main entry gate for the duration of the hire may be required by TMP as a condition of the hire. This can be arranged by TMP. All costs are to be paid by the Hirer.
6. Only concrete blocks can be used to secure temporary sturctures erected on a sealed are such as tents, marquees or easy-ups.
The Information We Collect
This policy applies to all information collected or submitted on our website. On some pages, you may be able to order products, make requests, and register to receive email updates. The types of pesonal information collected at these pages include:
How We Use Information
We use the information you provide about you for things such as entering an online contest, placing an order or signing up for email updates. We do not share this information with outside parties except to the extent necessary to complete that order. We may use your e-mail address to communicate with you by for example, notifying you of special offers or programmes you might find of interest.
We use return e-mail addresses to answer the e-mail we receive. We may also use these e-mail addresses to provide order status and order tracking information and to respond to queries.
You may be able to register with our website if you would like to receive updates on news , events, or new products or services.
We may use non-identifying and aggregate information to better design our website and share with our advertising agencies. For example, we may advise an advertising agency that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to personally identify those individuals.
If you choose to register or receive products or materials from us, or to otherwise give us personal information, we may store some or all of that personal information and use it for marketing research and marketing purposes.
A separate application form is to be used for each hire. Multiple hires may not be applied for using a single application form.
1. The application must clearly disclose the full name and address of the Hirer along with the name, address and contact details of the employee or officer of the Hirer (if an incorporated entity) who has the delegated authority of the Hirer to make the application and bind the Hirer. Bookings may not be made on behalf of undisclosed nominees nor may any hire be transferred to any person.
2. Subject to the Hirer’s acceptance of any additional terms required by TMP, no contract between TMP and Hirer for the hire of the Facilities will come into existence unless and until TMP in its absolute discretion accepts the application form below by signing and returning a copy to the Hirer.
3. Upon acceptance by TMP of the Hirer’s application form and the Hirer’s acceptance in writing of any additional terms set out in TMP’s acceptance of the Hirer’s application, a contract between TMP and the Hirer will come into existence upon and subject to the Terms & Conditions of Hire attached to this application form and any additional terms set out in TMP’s acceptance, to the exclusion of any terms or conditions set out in the Hirer’s purchase order or other terms of trade.
4. Notwithstanding its acceptance of the Hirer’s application form, the contract for the hire of Facilities will be conditional upon the Hirer satisfying the Terms & Conditions of Hire attached to this application form and any additional terms set out in TMP’s acceptance of the application form. If any of those terms or conditions are not complied with by the due date therefor, TMP shall be entitled to terminate the Hirer’s contract by giving written notice to the Hirer (which notice may be given at any time) and in addition and without prejudice to its other available rights and remedies, any deposit paid by the Hirer may at TMP’s discretion be retained by TMP as liquidated damages being the parties’ genuine estimate of TMP’s costs and losses likely to be suffered or incurred by the Hirer’s failure to comply with such terms and conditions.
5. Taupo Car Club Inc. (“TCC”) has available for hire event management equipment and personnel. All applications to hire TCC’s equipment and personnel for the management of the Hirer’s event to be made to TMP in the first instance. TMP will liaise with TCC and reserves the right to sub-contract to TCC the hire of that equipment and those personnel. In no circumstances is any application to hire any Facilities of TMP to be made to TCC and no TCC event (being the events that TCC is entitled to hold at Bruce McLaren Motorsport Park under its arrangements with TMP) is to be co-promoted by or shared with a Hirer.
1.All hire fees must be paid in full prior to an event or hire unless otherwise arranged in writing with TMP.
2.Access to the Pit/Paddock Area is available from 08:00 until 17:00 on the day of hire. Access at other times may incur an additional fee. Access to each track is from 09:30 until 16:30 only, unless otherwise arranged.
3.Security is recommended on the paddock entry gate for the duration of the hire. If this is not done by the Hirer’s personnel (details to be provided and approved by TMP in advance) it must be carried out by licensed security guards approved by TMP. TMP can supply a quote on request
4.The Hirer is reminded that TMP retains all catering and commercial rights to Bruce McLaren Motorsport Park and each Facility. No unauthorised commercial operators will be permitted access.
5.Unless the hire is for an event with an organising permit issued by the relevant governing body and each entrant and driver has signed the governingbody’s approved entry form, every person using the circuit, whether driver, rider or passenger, must sign the TMP indemnity form attached to this application prior to going on to the racing track. All Hirer personnel must comply with all rules of TMP in force from time to time.
6.Only concrete blocks or water containers can be used to secure easy ups, marquees or other shelters of any kind on the sealed pit/paddock area. A repair fee of $50 incl. GST will be charged to the Hirer for each peg hole made in the seal during the time of the hire.
7.A garage cleaning fee may be added to each garage booking unless reasonably cleaned by user at the completion of use.
8.The Hirer will at all time observe TMP's rules in force from time to time including such further rules as may be advised as part of any contract for the hire of Facilities or made orally or in writing by any TMP personnel.
9.Hire of the Track(s) and other Facilities applied for does not entitle the Hirer to allow members of the public to enter Bruce McLaren Motorsport Park and watch the Hirer’s Event and TMP has the sole right (to the exclusion of the Hirer and any of its participants/entrant) to allow members of the public to enter Bruce McLaren Motorsport Park at all times. If the Hirer wants to allow spectators to enter for the Event (whether the Hirer intends to charge themor not), that right must be separately applied for by completing the box “Number of Expected Spectators” on page 1 above and depending on the nature of the Event, an additional charge will apply. Depending on the type of Event applied for, TMP may also require that security, car-parking, crowd control and public medical personnel be retained in respect of the spectators at the Event. If the Hirer does not intend for there to be spectators for the Event, TMP reserves the right to employ temporary security personnel at the Hirer’s expense to control the main entry gate to Bruce McLaren Motorsport Park for the duration of the Event at the Hirer’s expense.
10.The Hirer may not grant to any person any catering, hospitality, signage, sponsorship, broadcast or merchandise-concession rights of any kind in respect of the Hirer’s Event and no sign, flag, banner, decal or other display of sponsorship or commercial association may be erected at Bruce McLaren Motorsport Park without first applying to TMP for the licence to do so. Depending on the nature of the Event, an additional charge will apply.
Terms and Conditions of Hire
1. All applications for Hire shall be deemed to be an offer to hire the circuit and facilities requested by the Hirer which TMP may, in its absolute discretion, accept or decline.
2. If TMP in accordance with Clause 1 of these terms and conditions accepts the Hirer’s offer to hire, TMP grants to the Hirer and the Hirer takes, upon and subject to these terms and conditions:
(a) an exclusive right and licence to occupy and/or use and enjoy the Facilities for the Hirer’s Activity;
(b) for the Period of Hire;
(c) at the Hire Fee;
(d) together with the non-exclusive right to enter and cross-over TMP’s other land and facilities providing access to the Facilities.
Licence/Right to Use Facilities for Hirer’s Activity Only
3. The Hire shall relate to the Facilities and the Hirer’s Activity only and TMP shall at all times be entitled to use, occupy and deal with the remainder of McLaren Motorsport Park without reference to the Hirer. The Hirer shall have no rights to occupy and/or use or enjoy any Track, car park, suite, garage,right, concession, system, room or equipment other than those specifically hired by the Hirer. The Hirer shall have no right to occupy and/or use or enjoy any Facility for any purpose other than the Hirer’s Activity as described this agreement and in association with TMP's rules.
4. TMP is entitled to enter any Facility at any time (without notice) to inspect or to carry out any work. Such access and works shall be carried out without undue interference to the Hirer’s enjoyment of the facility.
Competitions and Events
5. Where the Hirer uses a Track or Facility for a Competition or Event, the Hirer shall before commencement of the Period of Hire, at its own expense in all respects, procure an organising permit or equivalent written sanction or authorisation for such Competition or Event from the Governing Body and shall promptly on request from TMP supply to TMP a copy of the permit, sanction or authorisation. It shall be a condition of the Hire that the Hirer comply with,and throughout the Period of Hire continue to comply with, the terms of such permit, sanction or authorisation and the other rules of the Governing Body applying to the Competition or Event whether the rule, permit, sanction or authorisation relates to all the Facilities hired by the Hirer or not.
Indemnity and Limitation of Liability
6. The Hirer agrees to irrevocably indemnify and save harmless TMP from and against all and any costs, claims, losses or damages suffered or incurred directly or indirectly or as a result or consequence of any claim made or proceedings threatened or commenced by any person, firm, or other entity whomsoever or whatsoever arising out of the Hire or from any cancellation of the Hire and whether resulting from any act or omission on the part of TMP or not. If the Hirer is an individual, the Hirer agrees that the indemnity and save harmless provisions set out in this clause 6 shall bind the Hirer’s personal representatives and assignees, and the trustees and the executors or administrators of the Hirer.
7. Except where the Hirer uses a Track for a Competition or Event, the Hirer shall procure the execution of a Driver, Rider and Passenger Waiver and Indemnity in the form prescribed by TMP by each driver or rider of, and passenger in or on, vehicles using a Track. The Hirer shall deliver to TMP each such Waiver and Indemnity prior to the driver, rider or passenger entering a Track.
8. The Hirer shall put in place and maintain such measures as TMP may reasonably require allowing access to Restricted Areas to only those of the Hirer’s invitees who have, before being given access, signed the Restricted Areas Waiver and Indemnity in the form prescribed by TMP. The Hirer shall remain responsible for ensuring the compliance by all such invitees with all TMP’s rules for Restricted Areas in force from time to time and to remove any person who breaks any of those rules or who while in a Restricted Area, fails to comply with any reasonable request by TMP.
9. TMP’s liability of any kind (including interest and costs) to the Hirer concerning the hire of the Facilities, or any cancellation of such hire in accordance with clause 16 or 27, shall always be limited to either that proportion of the Hirer’s total costs, losses or damages for which TMP is directly responsible or the Hire Fee (or such proportion thereof as has been paid to TMP) whichever is the lower. For the avoidance of doubt, in determining proportionality of costs, losses or damages suffered or incurred, account shall be taken of any costs, losses or damages that are reasonably attributable to any third party. In no circumstances, shall TMP be liable to the Hirer for indirect, special, exemplary, punitive or consequential costs, losses, or damages whatsoever (including loss of profits) even if TMP has been advised of, knew, or should have known of, the possibility of such costs, losses or damages.
10. TMP reserves the right at any time as a condition of granting the Hirer access to the facilities, to require the Hirer to effect and maintain liability insurance (including in respect of the Hirer’s indemnity set out in this clause 5) with an underwriter to a level and on terms specified by TMP in its absolute direction.
11. The Hirer must pay TMP the Deposit specified by TMP and the Hirer must pay the Balance of the Hire Fee set out in Item 6 of the First Schedule without deduction or set-off of any kind (time being of the essence) on the Due Date for payment of the Balance of the Hire Fee.
12. TMP reserves the right to require, prior to commencement of the Period of Hire, payment of a bond or lodgment of a security to the value specified by TMP and TMP shall be entitled to set-off and deduct from such bond or security all and any amounts owing by the Hirer to TMP.
13. Failure to pay the fees or other moneys on the due date shall be a breach of an essential term of the contract for the hire of Facilities going to the essence of the Hirer’s obligations under the Hire. The Hirer shall compensate TMP and TMP shall be entitled to recover damages from the Hirer for such breach. Such entitlement shall continue notwithstanding any determination of the Hire and shall be in addition to any other right or remedy which TMP may have.
14. Except where the Hirer has been granted a catering concession pursuant to the Hire, the Hirer shall use the services of the caterer to whom TMP has let the catering concession for the Facilities for all the Hirer’s catering requirements. The Hirer shall not sell or provide any food or beverages or any other items for which TMP’s caterer has the sole right to supply in respect of the Facilities or undertake any of the services for which the caterer has been granted a concession by TMP.
15. The Hirer will be responsible to make its own arrangements with TMP’s caterer and TMP shall be under no liability for any loss or matter however it may arise in connection with any such catering. The Hirer may appoint an agent to act on the Hirer’s behalf in respect of the Hirer’s dealing with the caterer.
Hirer’s Activity Only
16. The Hirer shall not use or permit a Facility or any part of a Facility to be used for any use other than for the Hirer’s Activity.
Care of Property
17. In the course of using the Facilities, the Hirer must:
(a) Keep all Track surfaces, and all barriers, sand traps, run-off areas, fences, gates, kerbs, marshal-posts and other Track facilities in the same clean, order, repair, and condition as they were at the commencement of the Period of Hire; and
(b) Keep all fixtures and fittings in each pit garage, suite or room hired by the Hirer in the same clean, order, repair, and condition as they were at the commencement of the Period of Hire (TMP arranging for general cleaning after conclusion of the Period of Hire, the cost of such cleaning being for the account of the Hirer to be paid not later 14 days after TMP invoices the Hirer for such cleaning);
(c) Keep all systems and equipment hired by the Hirer in the same order, repair, and condition as they were at the commencement of the Period of Hire (TMP arranging for all repairs after conclusion of the Period of Hire, the cost of such repairs being for the account of the Hirer to be paid not later 14 days after TMP invoices the Hirer for such cleaning);
(d) Pay the outgoings and charges specific to the Hirer’s use of the Facilities such as (without limitation) cleaning, rubbish collection, repairs, telephone and data network charges;
(e) Take all reasonable precautions to prevent damage to or loss of the Hirer’s invitees’’ property, TMP’s property, or the property of any third party or other users of, or other persons at, TMP’s facilities during the Period of Hire.
18. The Hirer agrees to conform with the Rules of Bruce McLaren Motorsport Park prescribed by TMP from time to time and in addition, the Hirer shall at all times comply with the following:
(a) Where the Hirer is conducting a Competition or Event governed by a Governing Body, all the rules, codes, and regulations issued or administered by such Governing Body relevant to the Competition or Event being held including the conditions to the organising or sanctioning permit or permits issued in respect of, and the directions of any steward or other official appointed by the Governing Body to supervise, the Competition or Event;
(b) So far as the same apply to the Hirer’s use of Facilities, licences and homologations held by TMP from Governing Bodies in respect of the facilities hired;
(c) The requirements of the Health and Safety at Work Act 2015 (the Hirer acknowledging and agreeing that the Hirer’’ principal officer, employee, agent or contractor controlling the Hire shall, at all times during the Period of Hire be the person in control of a place of work as that expression is defined in the Health and Safety at Work Act 2015);
(d) All and any other laws, regulations, ordinances or codes applying to the Hirer’s use of the Facilities and promotion and marketing of the
Hirer’s activities in respect of the Facilities;
9. The requirements of all resource consents granted in respect of the Facilities;
(a) The security policies, the policies relating to fire precautions and emergency evacuations, and the smoke-free policies prescribed by TMP from time to time;
(b) All applicable rules, regulations, standards and legislation applying to carriage and storage of hazardous goods (including fuels and lubricants) applying to the Facilities from time to time;
(c) All directions and requests for information from any Police officer, and officer, inspector or representative of any government, local or territorial authority or agency having, or appearing to have, authority to act in respect of the Facilities; and
(d) All requests made by TMP.
Restrictions on Use of Facilities
20. The Hirer shall not:
(a) Bring upon or store within any Facility nor allow to be brought upon or stored within any Facility any machinery, goods or things of an offensive, noxious, illegal or dangerous nature, or of such weight, size or shape as is likely to cause damage to any building or any surfaced area;
(b) Use any Facility or allow any Facility to be used for any noxious, illegal, or offensive trade, business or activity; or
(c) Allow any act or thing to be done which may be or grow to be a nuisance, disturbance, or annoyance to TMP, other hirers or tenants, or neighbours, of Bruce McLaren Motorsport Park, or any other person, and generally the Hirer shall conduct the Hirer’s activities in a clean and orderly manner free from damage, nuisance, disturbance, or annoyance to any such persons;
(d) Except where the visual broadcast right is specifically hired by the Licensee, use a Facility, or permit a Facility to be used, for the purposes of any television broadcast or recording of any kind without the prior consent of TMP (provided that this shall not prevent bona fide taking of photographs and filming for private and amateur purposes).
21. The Hirer shall be responsible for the conduct of all the Hirer’s invitees and shall ensure that they comply with the reasonable directions of TMP.
22. Except where signage rights are specifically included in the Hire, the Hirer shall not affix, paint, or exhibit, or permit to be affixed, painted, or exhibited, any name, sign, name-plate, signboard, or advertisement of any description within, on or to Bruce McLaren Motorsport Park without the prior approval in writing of TMP. If approved, the signage shall be secured in a substantial and proper manner so as not to cause any damage to any Facility or any person and the Hirer shall at the end or sooner determination of the term remove the signage and make good any damage occasioned thereby.
Additions and Alterations
23. The Hirer shall neither make nor allow to be made any alterations or additions to any part of a Facility, or install any electrical or mechanical device without first obtaining the written consent of TMP for that purpose. The granting of any consent is entirely at the discretion of TMP and it may impose any terms or conditions on the granting of that consent.
24. Notwithstanding any consent, TMP may direct that the Facility be returned to its original state or any electrical or mechanical device removed so as to abate any nuisance or non-compliance with these terms and conditions.
25. The Hirer shall give to TMP prompt notice of any damage to or defect in a Facility of which the Hirer may be aware.
Neglect of Other Hirers
26. TMP shall not be responsible to the Hirer for any act of default or neglect of any other hirer of Bruce McLaren Motorsport Park or their Invitees.
Change of Date
27. If after entering the contract for hire of Facilities, the Facilities are required by TMP for another event or shall require urgent maintenance or upgrading or be destroyed or damaged before the Period of Hire so as to render the same unusable during the Period of Hire, then TMP shall use its best endeavours to notify the Hirer within 14 days of it becoming aware of the requirement and propose an alternative Period of Hire for acceptance by the Hirer. If the Hirer declines to accept TMP's proposal, TMP will cancel the Hirer's contract for hire of Facilities and refund the Hire Fee paid by the Hirer as at the date of cancellation.
28. TMP is excused from performing its obligations in respect of the Hire to the extent it is prevented from doing so because of an event amounting to Force Majeure.
29. If TMP wishes to claim the benefit of a Force Majeure event, it will give the Hirer prompt written notice of the event specifying the effect on the Hire. Its obligations will resume on the cessation of the Force Majeure event and the parties shall negotiate in good faith any adjustments required to take account of the event of Force Majeure.
30. Without limiting clause 27 above, if the Hirer:
(a) Fails to pay any money due and owing to TMP on the due date for payment thereof; or
(b) Breaches any term or condition of the Hire which is incapable of remedy; or
(c) Fails to remedy any breach of, or fails to properly or promptly perform any of the Hirer’s obligations under, these terms and conditions in accordance with a notice specifying the breach or failure and requiring its remedy or performance;
then TMP may (at its discretion) terminate the Hire immediately without notice but without prejudice to its other rights and remedies and the Hirer shall immediately return to TMP any entry passes or cards supplied to the Hirer.
31. No termination of the Hire in whole or part shall affect the Hirer’s liability to pay any moneys payable in respect of the Hire. In addition to any other remedies available to TMP, the Hirer shall be liable to TMP for the amount of any:
(a) Costs and expenses incurred by TMP;
(b) Decrease in the amount of any hire fees received by TMP from any other hirer of a facility at Bruce McLaren Motorsport Park; or
(c) Loss or damages suffered by TMP; as a result or consequence of the termination.
32. The Hirer shall compensate TMP and TMP shall be entitled to recover damages for any loss or damage suffered by reason of any acts or omissions of the Hirer constituting a repudiation of the Hire or the Hirer’s obligations under these terms and conditions. Such entitlement shall subsist notwithstanding any determination of the Hire and shall be in addition to any other right or remedy which TMP may have.
No Representations by TMP
33. The Hirer is deemed to have inspected Bruce McLaren Motorsport Park and to have become adequately acquainted with those parts of Bruce McLaren Motorsport Park the subject of the Hire.
34. The Hirer acknowledges that TMP has made no representation concerning the adequacy or appropriateness of the Facilities for the Hirer’s purposes or the Hirer’s Activity. The Hirer may not assign or transfer the Hirer’s interest in the Hire, and except where any rights or concessions are specifically hired by the Hirer, sub- license or otherwise grant any other person, firm or other entity any rights in respect of such Facilities without TMP’s prior written consent.
35. Where any rights or concessions are specifically hired by the Hirer, the Hirer shall promptly on request made by TMP, disclose to TMP the third parties to whom or which the Hirer intends to grant a right or concession and the Hirer agrees to not grant any right or concession to any person, firm or other entity to whom or which TMP objects on reasonable grounds.
36. TMP will not unreasonably withhold consent to a sub-licence to a respectable, responsible, fit, solvent, and suitable person.
37. The Hirer must pay all costs (including solicitor’s costs) in connection with all activities relating to such consent (whether or not given).
38. The Hirer must, if so required by TMP, procure the execution by such sub-licensee of an agreement with TMP (to be prepared by TMP at the Hirer’s expense). The agreement shall require the sub-licensee to observe and perform all the terms of the Hire. The agreement shall not release the Hirer from the Hirer’s obligations or the Hirer’s liability.
39. The parties agree that if there is a dispute between them which has not been resolved within one month of the dispute arising, either party may issue a notice to the other requiring the dispute to be referred to arbitration to be conducted in accordance with the Arbitration Act 1996 by a single arbitrator appointed by the parties or if they cannot agree on the arbitrator, the President for the time being of the Wellington District Law Society.
40. Pending reference to arbitration and thereafter until the arbitrator’s decision is known, the parties shall continue to perform all their obligations under the Hire except any obligation which is the subject of the dispute.
41. No delay or failure to act is a waiver. No waiver is effective unless it is in writing. A waiver of a breach is not a waiver of any other breach.
42. Any notice required to be given to a party in respect of the Hire must be in writing and delivered personally to the other party or be posted to the party to whom it is to be given at the party’s address and facsimile number.
43. A notice sent by pre-paid post will be deemed to have been received the next Business Day after posting. If sent by facsimile, it will be deemed to have been received on receipt by the sender of a confirmation slip or other confirmation of transmission, provided that the onus of proving receipt by the other party shall be on the sender.
44. The Hire shall be governed by and construed in accordance with the laws of New Zealand and the Hirer submits to the exclusive jurisdiction of the Courts of New Zealand.
45. The rights and obligations of the parties which, by their Hire, remain in effect beyond such expiry or termination until fulfilled and apply to the Hirer’s personal representatives and assignees, and the trustees and the executors or administrators of the Hirer.
46. The Hirer shall pay TMP’s legal costs (as between solicitor and client) of and incidental to the enforcement or attempted enforcement of TMP’s rights, remedies and powers under these terms and conditions.
(a) Where a word or term is defined in these terms and conditions, all capitalised uses of that word or term shall bear the defined meaning unless otherwise stated.
(b) The following expressions shall have the meanings set out:
“Business Day’’ means a day on which banks are open for business in Taupo;
“Competition’’ means a motorsport competition in which a vehicle takes part which has a competitive nature or is given a competitive nature by the publication of results;
“Event’’ means a single competition with its own results in which vehicle takes part, which has a competitive nature or is given a competitive nature by the issue of such results and includes (but not by way of limitation) a race, sprint, motorkhana, trial and record attempt;
“Facility’’ means the facility or facilities indicated on the official map of Bruce McLaren Motorsport Park as at the commencement of the Hire Period which are hired by the Hirer and (as the context may require) includes a Track;
“Force Majeure’’ means any event beyond the reasonable control of the party claiming the existence of an event of force majeure including without limitation any strike or lock out;
“Governing Body’’ means a body that governs, or purports or holds itself out as entitled to govern, a Competition or Event; “Hirer’’ includes the Hirer’s officers, employees, agents, contractors, organisers, officials, competitors, support crew, and invitees;
“Hirer’s Activity’’ means the activity for which the Hire is made together with any limitations and restrictions specified in writing by TMP from time to time whether generally or specific to the Hirer or these terms and conditions;
“Invitee’’ includes a client, guest, assistant, officer, employee, competitor, spectator and member of the public where authorised or permitted by the Hirer to attend, compete in, help organise, or watch, any activity organised by the Hirer;
“Restricted Area’’ means an area marked Restricted Area on the official map of Bruce McLaren Motorsport Park; and “TMP’’ means TMP Limited and its officers, employees, agents and contractors
RULES FOR HIRERS OF BRUCE MCLAREN MOTORSPORT PARK
Tracks must be used in the permitted direction only (counter-clockwise) at all times unless approval to run a different direction or configuration is approved by TMP Ltd, the owner and operator of Bruce McLaren Motorsport Park (“TMP”) in its acceptance of the Hirer’s Hire Application form. Approval to use a Track in a clockwise direction or other configuration may be withheld or granted on such conditions as TMP may determine in its absolute discretion.
The Hirer shall be liable for the cost of cleaning, and repairing all damage to, any Track (including track edges, kerbs, barriers, fences and sand traps), pit garage, sealed area, equipment, suite and other room used by the Hirer or by any of the Hirer’s invitees (including but not limited to any member of the public allowed to enter Bruce McLaren Motorsport Park) during the period of the hire. All cleaning and repairs will be carried out by TMP. The hirer may not carry out any cleaning or repairs without the prior consent of TMP.
For Competitions and Events, all drivers and riders are to obey the directions and signals given by the Event organiser. For all other hires, all drivers and riders are to obey the following signals:
• Red flag or light at start/finish line or red light displayed anywhere on a Track – immediately start gradually reducing your speed while checking behind you for cars/motorcycles that may not have seen the red flag, and slowly continue around the track in to the pit lane. Do not return to the track until the green light at pit lane exit is turned on.
• Yellow flag or light displayed anywhere on a Track – immediately reduce speed, do not overtake except the car or motorcycle which has stopped or slowed so as to cause the yellow flag or light and do not return to speed until you have passed the green flag or light following the yellow.
Access to all Tracks is to be made from the main gate of the Bruce McLaren Motorsport Park off Broadlands Road. No access to Track 3 (the Club Circuit) is to be made from Centennial Drive without prior arrangement having been made with TMP as approved by TMP in its acceptance of the Hirer’s Hire Application form.
3. No Competitions or Events without Organising Permits etc.
No Competitions or Events of any kind are to be held without the Hirer obtaining and complying with an organising permit or other written sanction or authority from the sporting body governing the Competition or Event. For the purposes of these Rules:
• Competition means a motorsport competition in which a car or motorcycle takes part which has a competitive nature or is given a competitive nature by the publication of results; and
• Event means a single competition with its own results in which a car or motorcycle takes part which has a competitive nature or is given a competitive nature by the issue of such results and includes (but not by way of limitation) a race, sprint, motorkhana, trial and record attempt.
4. Public Access
Hire of the Track(s) and other Facilities does not entitle the Hirer to allow members of the public to enter Bruce McLaren Motorsport Park and watch the Hirer’s Event and TMP has the sole right (to the exclusion of the Hirer and any of its participants/entrant) to allow members of the public to enter Bruce McLaren Motorsport Park at all times.
Depending on the type of Event, TMP may also require that security, car-parking, crowd control and public first aid medical personnel be retained in respect of the spectators at the Event.
If the Hirer does not intend for there to be spectators for the Event, TMP reserves the right to employ temporary security personnel at the Hirer’s expense to control the main entry gate to Bruce McLaren Motorsport Park for the duration of the Event at the Hirer’s expense.
The Hirer may not grant to any person any catering, hospitality, signage, sponsorship, broadcast or merchandise-concession rights of any kind in respect of the Hirer’s Event and no sign, flag, banner, decal or other display of sponsorship or commercial association may be erected at Bruce McLaren Motorsport Park without first applying to TMP for the licence to do so.
All vehicles competing in Competitions or Events are to comply with the rules and regulations prescribed by the sporting body governing the Competition or Event.
For all other hires, all vehicles are to have either a Current Warrant of Fitness or comply with the rules and regulations prescribed by the sporting body governing the type of vehicle. For vehicles without a Warrant of Fitness, the onus shall be upon the Hirer to prove compliance to the reasonable satisfaction of TMP.
For the purposes of this Rule, “vehicle” shall be deemed to include cars and motorcycles.
No trucks are permitted to use a Track without the prior consent of TMP.
No passengers are permitted to be carried in a vehicle fitted with a roll cage of any kind unless the passenger’s seat is fitted with a four-point harness.
6. Circuit Control and Rescue Services
For other than Competitions or Events, all Track activities must be under the control of a designated controller approved by TMP and no more than the following number of vehicles shall be permitted on a Track at one time without the Hirer having in attendance throughout the period of the hire rescue personnel qualified and equipped to the satisfaction of TMP in his absolute discretion:
• Track 3 (Club Circuit) 6 cars/10 motorcycles
• Track 2 (National Circuit) 8 cars/12 motorcycles
• Track 1 (International Circuit) 10 cars/15 motorcycles
The controller and rescue personnel must remain at or near the Track start/finish line throughout the period of the hire.
Access to the Pit/Paddock Area is available from 08:00 until 17:00 on the day of hire. Access at other times may incur an additional fee. Access to each track is from 09:30 until 16:30 only, unless otherwise arranged with TMP.
8. Car Parks, Paddock Areas and Access and Perimeter Roads
All speed limits and traffic directions applying to car parks, paddocks areas, and access and perimeter roads must be complied with at all times.
9. Drivers, Riders and Passengers
For Competitions and Events, all drivers and riders:
• Are to wear and keep fastened helmets, clothing and protective footwear complying with the rules and regulations of the Applicable Sporting Body; and
• Are only permitted to drive or ride on a Track if they have first signed the official entry form for the Competition or Event.
For all other hires, all drivers, riders and passengers are:
• Only be permitted to drive or ride on a Track if they have first signed the Driver, Rider and Passenger Waiver and Indemnity prescribed by TMP from time to time; and
• When on a track, to wear and keep fastened:
• Undamaged helmets complying with any of the standards prescribed by MotorSport New Zealand Inc. for four-wheeled competitions or Motorcycling New Zealand Inc. for two-wheeled or three-wheeled competitions (as may be applicable to the Hire); and
• Clean protective one-piece overalls with close-fitting front, cuffs and ankles manufactured in fire-retardant or self-extinguishing materials (NOTE – cotton, provided that has been washed or laundered in accordance with the manufacturer’s instructions, is deemed to be a fire-retardant material); and
• Footwear that provides complete coverage of the foot.
Noise emissions from the operation of the Track are to comply with the limits and standards adopted by the sporting body governing the vehicles using the Track. If the vehicles using the Track are not governed by any sporting body, the vehicle is to emit noise emissions of no more than 95dBA as measured by TMP in his absolute discretion. All vehicles failing to comply with those limits and standards shall be removed from the Track immediately.
11. Pit Lanes
A speed limit of 40 kph is to be observed in the Fast Lane of Pit Lane at all times and a limit of 15 kph in the Inner Lane. No children under the age of 7 and no dogs are permitted in a pit lane. All dogs must be on a leash at all times. No person is allowed to stand on a pit wall.
No smoking is permitted on a Track, in a pit lane or pit garage, or in other parts of Bruce McLaren Motorsport Park designated a smoke-free area from time to time.
No alcohol is to be consumed in a pit lane ay any time or in a paddock area during a Competition or Event.
14. Safety Plan
The Hirer must submit to TMP, and at all times observe and comply with, a safety plan in a form acceptable to TMP. The Hirer’s safety plan must include a briefing (oral or written) to all drivers, riders, passengers and organisers identifying hazards and the management thereof and emergency procedures. If required by TMP, the Hirer must deliver to TMP signed acknowledgements of such briefing by all the Hirer’s drivers, riders, passengers and organisers.
15. Compliance with Directions
All Hirers, drivers, riders, passengers and organisers must promptly comply with all directions given by TMP.
16. Access to Restricted Areas
No person is permitted in any area of the Bruce McLaren Motorsport Park other than the car parks, paddock areas, pit lanes and public viewing areas marked on the circuit map without first signing the Restricted Areas Waiver and Indemnity prescribed by TMP from time to time.