Exotics Racing Terms of use

Terms of use and Privacy Policy

PURCHASE & ORDER

The order or purchase of any Exotics Racing product or service indicates that you have read and accepted the below stated Terms of Use. Exotics Racing makes an assortment of information and services available through our website collectively, subject to these Terms of Use. There may be a variety of information and services offered through our website that have separate registration procedures, terms and conditions, terms of service, user agreements, or similar legal agreement. Also, Exotics Racing may offer other services from time to time that are governed by the terms of service of the respective service partners. Information and products or services available at Exotics Racing may not be available in all countries. If you choose to purchase Exotics Racing products from outside the United States, you do so on your own initiative and are accountable for accordance with all any laws (local or state), import and export restrictions, or general regulations.

A purchase will be validated once received by postal mail or email together with the Exotics Racing reservation form duly completed and payment of 100% of the purchase amount including and taxes applicable by credit card, wire transfer or check.

Purchases are NON-refundable or redeemable for cash but can be transferred to another party providing all requirements are met. These qualifications include written consent from purchasing party acknowledging the transfer and the new applicants complete information signed and dated. This information must include new participant’s full name, age, address as well as phone and email contact information. The validity of the transfer will expire 1 year after of the original purchase date from the original purchasing party.

Should you need to reschedule your experience, there is a 15% fee if you are within 15 days prior to your scheduled track date. Should you reschedule on the track day or after there is a 30% reschedule fee since we are reserving the exotics for you. Changes may be made to Exotics Racing’s products or services, at any time, without notice.


DRIVING EXPERIENCE, GOKART & RIDE-ALONG CONDITIONS

All Exotics Racing drivers participating in the experience must be at least 18 years of age and have a valid Driver's license. All drivers participating in the driving program will be required to furnish a valid Driver's License or equivalent on date of experience which will be used for identification purposes as well as proof of general driving skills needed to operate vehicles during track experience. Ability to operate a manual transmission is not required for participation.
Participants scheduled to a ride-along under the age of 18 must be accompanied by an adult who must give written consent.

Ride-along must be at least 11 years of age, 4’9” and 80 lbs minimum.

GoKart participants must be at least 14 years of age, and at least 55” in a 1-seater. GoKart drivers of 2-seater must be at least 16 years of age, and the passenger must be at least 42” tall.

All participants will be required to sign an Adult Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement at the event. All participants are required to wear a helmet on track.


SUPERCAR TOUR CONDITIONS

By booking a Tour Experience, Participant acknowledges that Participant has read, understands and agrees to be bound by this Agreement Terms and Conditions (“Agreement”). This Agreement relates to Participant’s purchase with Exotics Racing LLC (“Exotics Racing”) for the tour.

  1. Participant hereby represents that they are over the age of 21 and in possession of a valid driver's license, which they certify has not been revoked or suspended, and that they will present such driver’s license upon arrival at Exotics Racing’s facility. If Participant has a driver’s license issued by a foreign country, they must also present their passport upon arrival for the tour. Failure to provide a valid driver license or passport (if applicable) will result in a forfeiture of the tour and no refund will be given.

  2. Participant agrees that their passenger must be 13 years of age or older. Minors under the age of 18 must be accompanied by a parent or guardian and Participant will be required to provide additional consent when arriving for the tour. No minors under the age of 13 will be permitted on the tour.

  3. Participant agrees that Exotics Racing is providing a tour valid for 1 driver and 1 passenger. If Participant’s passenger is at least 21 years old and would like to share the driving experience, they will be subject to an additional $99 fee. No one under 21 years of age will be permitted to drive the Vehicle.

  4. Participant agrees that they are responsible for all damage or loss which they cause to themselves or others. Participant represents that they have automobile bodily injury and property damage liability coverage and personal injury protection coverages for at least the minimum limits of coverage required under the vehicle financial responsibility laws of California under California Insurance Code § 11580.1(b) and insurance providing primary coverage for uninsured/underinsured coverage as required, and comprehensive and collision damage coverage which extends to Exotics Racing, any passengers and Participant.

  1. Participant agrees that by confirming the reservation, they have provided consent for a background check of their motor vehicle report. Participant understands Exotics Racing reserves the right to deny a participant if their driving history reveals any of the following: invalid, suspended, expired or revoked license, one or more convictions for reckless driving within 48 months, one DUI, DWI or DWAI conviction within 48 months, failure to report an accident/leaving the scene of accident within 36 months, possession of stolen vehicle or use of a vehicle in a crime, three or more convictions for moving violations within 24 months (excluding seatbelt violations), two or more accidents within 36 months, or other activities that suggest an unsatisfactory driving record. Should Participant’s tour be cancelled due to their driving record, they will not be permitted to drive during the tour and their payment will not be refunded.

  2. Participant understands the tour is non-refundable. The tour may only be rescheduled with 72 hours’ prior notice and will be subject to a 30% rescheduling fee. In the event Participant cancels the tour or does not appear for the tour, all of the amounts paid to Exotics Racing will be forfeited and Participant will not receive any refund. No rescheduling is permitted within the 72 hours prior to the scheduled tour.

  1. Participant understands that all tours leave promptly at their scheduled time. If Participant arrives late for the tour, they understand that they will be considered as a no show and no refund or rescheduling will be due.

  1. Participant understands Exotics Racing reserves the right to refuse to allow any driver to participate in the tour who appears to be impaired or intoxicated, with no refund.

  2. Participant agrees that in the event they fail to return the Vehicle on time, Exotics Racing may repossess or recover the Vehicle at Participant’s expense without notice to Participant if the Vehicle is abandoned or used in violation of law, or in violation of this Agreement or any other agreement Participant has with Exotics Racing. Participant agrees to indemnify, defend and hold harmless Exotics Racing from all claims, costs, liabilities, damages, and attorneys’ fees Exotics Racing may incur resulting from or arising out of Participant’s use of the Vehicle to the extent permissible by law.

  1. Participant understands that Exotics Racing reserves the right to cancel any tour experience due to mechanical failure or, inclement weather or under-booking. In the event of an under-booking, Exotics Racing will give Participant the option of rescheduling the tour or driving less than four (4) cars during the tour. Under-booking is athe situation in which the minimum number of persons required to run a tour is not met, in which case, Exotics Racing may cancel the tour/ booking. Exotics Racing may cancel at determine an under-booking has occurred at any time once it becomes clear that the minimum number of persons will not be met.

  1. Participant agrees that they are responsible for all damage to, or loss of, the Vehicle caused by casualty or collision, whether or not such damage or loss is Participant’s fault. To the extent permissible by law, Participant’s responsibility shall include: (a) all physical and mechanical damage to the Vehicle measured as follows: (i) if it is determined that the Vehicle is a total loss, the total loss value of the Vehicle calculated in accordance with California Civil Code § 1939.07, as amended from time to time, less salvage; (ii) if it is determined that the Vehicle is repairable, the actual cost of repair that Exotics Racing incurs to repair the Vehicle or that Exotics Racing would incur if it chose to repair the Vehicle, all as calculated pursuant to California Civil Code §§1939.03, 1939.05, and 1939.07, as applicable, and as may be amended from time to time; (b) an administrative fee calculated pursuant to California Civil Code §§ 1939.03 and 1939.05, as amended from time to time; (c) Exotics Racing’s actual charges for towing, storage, and impound; and (d) all costs associated with enforcement of agreements or collection of charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. Participant agrees that they are responsible for: (i) loss due to theft of the Vehicle and any damage caused by vandalism that occurs in connection with a theft if Participant fails to exercise ordinary care while in possession of the Vehicle, (ii) damage due to vandalism not associated with theft of the Vehicle up to a maximum of $500, and (iii) replacing missing Vehicle documents and keys. Participant understands that they must report all Vehicle accidents or incidents of theft and vandalism to Exotics Racing and the police as soon as safely practicable upon discovery.

  1. Participant understands that gift certificates for tours are not redeemable for cash.

  1. Participant understands that upon arrival they will be required to provide a $1,000 deposit, which will be refunded at the conclusion of the tour provided the Vehicle is checked in with the tour group without damage. This is in addition to the cost of the tour.

  1. Participant agrees that the Vehicle is not to be driven by anyone: (a) who is not an authorized driver; (b) who is under the influence of alcohol or drugs in violation of any laws and/or which cause any impairment; (c) for an illegal purpose or in the commission of a crime; (d) to tow or push anything; (e) in a race or speed contest; (f) on an unpaved surface; or (g) who is sending or reading an electronic message or otherwise being distracted while operating the Vehicle.

  1. Participant understands the tour experience will be valid only for the date and time scheduled upon purchase and full payment received.

  2. Participant understands Exotics Racing may substitute any vehicle in the fleet at the company’s discretion at any time. Any such vehicle shall fall within the definition of “Vehicle” for the purposes of this Agreement.

  1. Participant agrees that Exotics Racing may disclose personal information about Participant to law enforcement agencies. Participant understands that the Vehicle may be equipped with global positioning satellite technology or another telematics system, and/or an event data recorder. Participant understands that Participant’s use of the Vehicle may be remotely monitored by Exotics Racing through such systems to the extent permitted by California law. Participant understands that they have no expectation of privacy related to their use of the Vehicle.

  1. Participant understands they need to plan for approximately 4 hours to enjoy the tour experience.

  1. Participant understands all tour experiences will be recorded both for the opportunity to purchase and for insurance purposes. However, if for any reason the video fails to record, Exotics Racing will not be responsible for the loss of video if the video has not been pre-purchased and the tour will not be refunded for a non-recorded experience.

  1. Participant agrees that Exotics Racing will not be responsible in any way for any traffic violations or infractions Participant may commit. In the event Participant incurs any traffic violations or infractions, they shall be responsible for all costs and expenses which Exotics Racing might incur and Participant shall indemnify Exotics Racing for any costs and expenses it incurs regarding any traffic violations or infractions Participant commits.

  1. Participant agrees should they be pulled over by law enforcement for any traffic violation, the tour may continue without Participant and Participant will be responsible for their own transportation.

  1. Participant understands there is a dress code and Participant will wear comfortable, weather appropriate clothing and close-toed shoes (no flip flops, sandals or beachwear will be permitted).

  1. Participant understands that to ensure Exotics Racing maintains a safe environment for all guests and employees, the company prohibits the possession or use of firearms on company property and in any vehicles operated by the company.

  1. Participant understands that to ensure that Exotics Racing maintains a safe environment for all guests and employees, the company prohibits all animals from riding in any of the vehicles during the tour.

  1. Participant understands that to ensure that Exotics Racing maintains a safe environment for all guests and employees, the company prohibits the use of any tobacco products, including but not limited to, cigarettes, cigars, e-cigarettes, and vaping, and also drugs, alcohol, food, or beverages while in any of the vehicle fleet by both drivers and passengers. Water is acceptable, but only in Exotics Racing approved containers.

  2. Participant understands that to ensure that Exotics Racing maintains a safe environment for all guests and employees, the company prohibits the use of any electronic devices while operating any vehicle. Passengers are always encouraged to take video’s and pictures while safely staying inside the Vehicle during operation.

  3. Participant and Exotics Racing agree that if any provision of this Agreement is held invalid or unenforceable, then the remainder of the Agreement shall not be affected.

  1. Participant and Exotics Racing agree that this Agreement is made under and is to be governed by and construed under the laws of the State of California. Any lawsuits arising out of this Agreement shall be venued in the state or federal courts located in Los Angeles County, California.

  1. Participant and Exotics Racing agree that this written document contains the entire understanding between the Exotics Racing and Participant in connection with the subject matter of this Agreement, other than any waivers executed by Participant. This Agreement shall not be altered or varied except by a writing signed by Exotics Racing and Participant.

  1. Arbitration. Exotics Racing and Participant agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by neutral, binding arbitration in Los Angeles County, California (or within 50 miles of Participant’s residence if Participant lives outside Los Angeles County) before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The parties shall cooperate in the selection of the arbitrator. If the parties cannot agree on an arbitrator, JAMS shall select the arbitrator for them pursuant to its Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Additionally, no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. If Participant initiates arbitration against Exotics Racing, Participant shall only be required to pay up to $250 towards arbitration costs. All other costs shall be borne by Exotics Racing, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. If Exotics Racing initiates arbitration against Participant, Exotics Racing shall pay all costs associated with the arbitration. Discovery shall be conducted as though the case were proceeding in California State Court pursuant to California Code of Civil Procedure § 2016, et seq. The Arbitrator's Award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.


RESERVATION & BOOKING OF EVENTS

Reservations are required for all driving events: space is limited and is filled on a first come first serve basis. Reservations are not cancellable or refundable. In the event you cancel your reservation or do not show up for your scheduled event, your order and payment will not be refunded. This reservation is transferable to another party meeting the qualification requirements with express written consent from the original recipient.

Dates are subject to change without notice. Exotics Racing is not responsible for any travel expenses incurred by changes beyond our control. Exotics Racing reserves the right to postpone or to modify the location or the content of the experience depending on availabilities. Confirmation of the reservation will be sent by email or text message prior to the date of the event. In case no available date would suit you, you have the ability to purchase a gift certificate or an experience package valid for one year form date of purchase.

The receiver of the gift certificate or the package experience will subsequently choose the date of the event among available dates. The holder of the gift certificate reserves the right to reschedule up until 15 days prior to the event date. Once within 15 days of the event, no changes can be made without incurring additional fees.


RAIN-OUT & FORCE MAJEURE POLICY

Exotics Racing reserves the right to cancel an event for bad weather or in case of force majeure. The definition of bad weather shall be at the sole discretion of Exotics Racing, but is generally defined as ice, snow, freezing rain, wind and may include heavy rains during the event. In case of any force majeure event leading to the unavailability of a track or a car, Exotics Racing reserves the right to reschedule the event or to replace it by an equivalent or superior event.

In the event of rescheduling permitted by us, Exotics Racing will contact you and reschedule you for another available date in the next two months. In the case of event refusal of any of the newly proposed events, your event date and experience will be considered terminated. A refund will not be issued due to rainouts or cases of force majeure. In case of inclement conditions occurring after the event has began, the latter may be temporarily interrupted and moved back later on the same day. In case your event cannot be fully completed due to lack of time or continuous adverse conditions, you will not be able to claim for the uncompleted portion of your experience. Any delay or timing extension of your experience due to a rain-out or force majeure conditions will not allow for any dispute, discount or rebate.


PRICE & PAYMENT CONDITIONS

Prices mentioned on our website, our brochures and any of our commercial supports as listed are before any applicable tax. Exotics Racing reserves the right to modify its prices without notice. Full payment by check, wire transfer or credit card must be received to validate the reservation.


PRIVACY POLICY

By participating in any or all Exotics Racing experiences, you have granted the right to use your name, likeness, voice, photographs, and video of all clients taken by Exotics Racing, authorized agents, and/or any media groups during track events. This includes, but is not limited to: television, radio, film, and all other media mediums that may be used by Exotics Racing for business use.


LIABILITY & CODE OF CONDUCT

Exotics Racing will assume responsibility for any damages that might occur to the cars except in cases of willful or reckless conduct or gross negligence. All other damages and expenses are the responsibility of the participant per the Event Adult Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement form that all participants are required to complete prior to program participation.

All participants must follow safety rules dictated by Exotics Racing and its staff. Exotics Racing reserves the right to cancel or interrupt the experience of a participant if all safety conditions are not met.

Alcohol and controlled substances are prohibited for all participants to a driving experience. Exotics Racing reserves the right to perform alcohol and controlled substances tests randomly or in case of reasonable suspicion. In case of positive test, Exotics Racing reserves the right to cancel or interrupt the event of the participant with no refund.

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