EXOTICS RACING TERMS OF USE
TERMS OF USE
INTRODUCTION
Welcome to Exotics Racing’s website www.exoticsracing.com (the “Website”). This Website is operated by Las Vegas Exotics Racing, LLC DBA Exotics Racing (“Exotics Racing” or the “Company”), a Nevada limited liability company with subsidiary and related entities with offices in numerous states. Please read these terms of use (“Terms of Use”) carefully before using this Website. By using the Website, you agree to be bound by these Terms of Use. Exotics Racing reserves the right to modify these Terms of Use at any time by posting modified Terms of Use, and your continued use of the Website thereafter will constitute agreement with such modifications.
NO PROFESSIONAL ADVICE
The information and materials on this Website are provided for informational purposes only. They do not necessarily represent the position or opinions of the Company or its partners or advisors collectively, and they do not constitute professional advice. Discussion of prior experiences or results on this website should not be construed as a guarantee that similar results will be obtained in future experiences.
ACCESSIBILITY
Exotics Racing is committed to ensuring that its Website is accessible to individuals with disabilities, consistent with the Americans with Disabilities Act (ADA). Exotics Racing strives to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and is continually working to improve the accessibility and usability of its Website. If you encounter any accessibility barriers or have difficulty accessing any portion of this Website, please contact Exotics Racing using the contact information provided in these Terms of Use, and we will make reasonable efforts to assist you.
LINKS TO OTHER WEBSITES
This Website may include links to other Internet sites that are beyond the control of Exotics Racing. Exotics Racing is not responsible for the content of any such websites, makes no representations regarding any such sites, and does not necessarily endorse or approve any of the information, material, products, or services contained on or accessible through any such sites. You acknowledge and agree that any linking to other sites, your use of such sites, and your use of any information, material, products, and services offered by such sites, are solely at your own risk.
DISCLAIMER
The materials provided on this Website are provided “as is” and without warranty of any kind, express or implied. Exotics Racing disclaims all express and implied warranties with regard to the information and materials contained on this Website, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
LIMITATION OF LIABILITY AND CODE OF CONDUCT
Participant responsibility for vehicle damage is governed exclusively by the Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (“Release Agreement”) executed prior to participation. Any optional Damage Protection Add-On applies only if expressly elected and paid for, and only to the limited extent set forth in the applicable Add-On terms. If the Participant elects to purchase the Damage Protection Add-On, Exotics Racing shall limit the Participant’s financial responsibility for any vehicle damage, subject to the conditions set forth in the Damage Protection Add-On terms and conditions.
All participants must follow all safety rules dictated by Exotics Racing and its staff. Any hair below shoulder length must be fully secured by tying it back and tucking it into clothing, or as otherwise directed by Exotics Racing. 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 a positive test, Exotics Racing reserves the right to cancel or interrupt the event of the participant with no refund, and subject to the Release Agreement.
In no event shall Exotics Racing or its partners, subsidiary entities, or affiliates, including all of their officers, owners, members, shareholders, directors, employees, agents, successors, assigns, predecessors, or group of companies, that include but are not limited to Motorsport Adventures,
LLC, Las Vegas Motorsports Park, LLC, Las Vegas Exotics Racing, LLC, Las Vegas Superkarts, LLC, Las Vegas Off Road Experience, LLC, and Flycatcher, LLC (collectively, the “Affiliates”), and all contributors to this Website, be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability, or otherwise, resulting from your access or use of this Website. You hereby waive any and all such claims against Exotics Racing, its partners, Affiliates, and contributors. You agree that the limitations set forth above are fundamental elements of these Terms of Use, and that the Website and its materials would not be provided to you absent such limitations. Some state statutes may restrict this limitation of liability.
Participants may be held financially responsible for damage to protected wildlife or habitats as described in the Release Agreement.
INDEMNIFICATION
You agree that you will not use this Website for any unlawful purpose, or for any purpose prohibited by these Terms of Use. You (the “Indemnifying Party”) agree to indemnify, defend, and hold harmless Exotics Racing, its partners, principals, agents, officers, directors, members, managers, shareholders, employees, trustees, beneficiaries, attorneys, insurers, successors, parent companies, related entities, assigns, Affiliates, and contributors (the “Indemnified Parties”) from and against, and to reimburse and pay the Indemnified Parties with respect to, any and all claims, losses, liabilities, obligations, payments, penalties, fines, damages, deficiencies, actions, suits, proceedings, demands, assessments, judgments, lost profits, diminutions in value, costs, and expenses (including, the costs and expenses of any and all actions, suits, proceedings, assessments, judgments, settlements, compromises, fines, and interest relating thereto, including attorneys’ fees, disbursements, and costs of investigation in connection therewith) (collectively, “Damages”), assessed, suffered, incurred, or sustained by or against the Indemnified Parties by reason of, arising out of, relating to, or in connection with any liability, loss, claim, and expense (including reasonable attorneys’ fees) related to (i) your violation of these Terms of Use, and/or (ii) your posting or use of materials on this Website. The indemnification obligations set forth in the Release Agreement apply in addition to, and not in limitation of, the indemnification obligations contained in these Terms of Use.
With respect to any third-party claims, the Indemnifying Party shall give the Indemnified Party prompt notice of any third-party claim and cooperate with the Indemnified Party. The Indemnifying Party shall have the right to assume the defense, at its own expense, of any such claim through counsel which the Indemnified Party reasonably approves of in writing by so notifying the Indemnified Party within fifteen (15) calendar days of the first receipt of such notice. The Indemnified Party shall have the right to participate in the defense thereof and to employ counsel, at its own expense, separate from the counsel employed by the Indemnifying Party. The Indemnifying Party shall not, without the prior written consent of the Indemnified Party, agree to the settlement, compromise, or discharge of such third-party claim.
PROHIBITED USES
By using this Website, you agree not to:
(a) Use the Website in any way that violates any applicable federal, state, local, or international law or regulation;
(b) Send, knowingly receive, upload, download, use, or re-use any unsolicited or unauthorized commercial communications (including advertising and promotional materials) via the Website;
(c) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
(d) Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, without Exotics Racing’s prior written consent;
(e) Introduce any viruses, Trojan horses, worms, logic bombs, malware, or other material that is malicious or technologically harmful;
(f) Interfere with the proper working or functioning of the Website, including by overloading, flooding, or crashing the Website; or
(g) Impersonate or attempt to impersonate Exotics Racing, an Exotics Racing employee, another user, or any other person or entity.
NON-WAIVER
Exotics Racing’s failure to insist upon strict enforcement of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
GOVERNING LAW; VENUE
These Terms of Use and any disputes arising out of or relating to these Terms of Use or the Website shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict-of-laws principles. Any legal action, suit, or proceeding arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction and venue of the state or federal courts located in Clark County, Nevada, and each party irrevocably submits to the jurisdiction and venue of such courts.
SEVERABILITY
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
ENTIRE AGREEMENT
These Terms of Use, together with the Privacy Policy and the Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement, constitute the entire agreement between you and Exotics Racing with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
SOCIAL MEDIA
Exotics Racing reserves the right to remove commentary on its social media channels. Exotics Racing will remove posts that are outside the original intent of the conversation, as well as those that are offensive or illegal. In addition, posts that drive to an individual’s websites or products with the intent of personal gain, or those that disclose confidential information, will be removed.
USER SUBMISSIONS
If you submit, post, or transmit any content to Exotics Racing via the Website or through Exotics Racing’s social media channels-including but not limited to comments, photographs, videos, reviews, social media tags, or other materials (collectively, “User Submissions”)-you hereby grant Exotics Racing a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, display, distribute, and otherwise exploit such User Submissions in connection with Exotics Racing’s business, including marketing, advertising, and promotional activities, in any media now known or hereafter developed. By submitting User Submissions, you represent and warrant that you own or otherwise have the necessary rights, licenses, consents, and permissions to grant the foregoing license and that such User Submissions do not infringe the intellectual property rights, privacy rights, or any other rights of any third party.
CHILDREN
This Website is intended for adults only and is not intended for use by children under the age of 13. Specifically, the adults-only restriction applies to Website Account registration and direct purchases through the Website. Exotics Racing reserves the right to suspend or terminate access to this Website if it discovers the Website is being used by children under the age of 13 for Account registration or purchasing purposes.
Notwithstanding the foregoing, Exotics Racing’s on-site driving experiences, go-kart experiences, and ride-along experiences remain available to minors who satisfy the applicable age, height, and legal guardian consent and presence requirements set forth in the Driving Experience, Go-Kart, & Ride-Along Conditions section of these Terms of Use.
INTELLECTUAL PROPERTY
All content and materials available on https://exoticsracing.com/, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Exotics Racing and are protected by applicable copyright and trademark law. Any inappropriate use,
including but not limited to the reproduction, distribution, display, or transmission of any intellectual property on the Website is strictly prohibited, unless specifically authorized by Exotics Racing.
COPYRIGHTS AND COPYRIGHT AGENT
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Website; (d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement is the Exotics Racing Administrator who can be reached as follows:
By Mail: 14200 S Las Vegas Blvd., Las Vegas, NV 89054
By E-mail: experience@speedvegas.com
By Phone: 702-213-9068
TERMINATION OF USE
Exotics Racing may, at its sole discretion, suspend or terminate your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms of Use.
PRIVACY
Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is available on this Website, please refer to it and carefully read the terms and conditions therein. 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.
CONTACT INFORMATION
If you have any questions or comments about these Terms of Use as outlined above, you can contact Exotics Racing by accessing the following link: https://exoticsracing.com/contact-us/, or by giving us a call at 702-213-9068.
PURCHASE & ORDER
The order or purchase of any Exotics Racing product or service indicates that you have read and accepted these 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. 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 any applicable taxes, by credit card, wire transfer, or check. Gift certificates delivered by Exotics Racing contain an expiration date of five (5) years from the date of purchase that is printed on the gift certificate. Any inquiries regarding the balance of a gift certificate or its expiration may be directed to Exotics Racing at 702-213-9068. Purchases are NON-refundable and nonredeemable for cash but may be transferred to another party providing all requirements are met. These qualifications include written consent from the purchasing party acknowledging the transfer and the new applicant’s complete information, which has been signed and dated. This information must include the new participant’s full name, age, and address as well as phone and email contact information. The validity of the transfer will expire one (1) year after 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 fifteen (15) days prior to your scheduled track date. Should you reschedule after that time or on the track day there is a 30% reschedule fee as we are reserving an exotic car for you. Changes may be made to Exotics Racing’s products or services, at any time, without notice.
RESERVATION & BOOKING OF EVENTS
Reservations are required for all driving events as 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 (1) year from the date of original 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 fifteen (15) days prior to the event date. Once within fifteen (15) days of the event, no changes can be made without incurring additional fees.
SMS / TEXT MESSAGE COMMUNICATIONS
By providing a mobile phone number in connection with a reservation or other interaction with Exotics Racing, you consent to receive transactional Short Message Service (SMS) text messages from Exotics Racing, including but not limited to reservation confirmations, schedule changes, and weather or force majeure updates related to your experience. Standard message and data rates may apply. Consent to receive marketing or promotional text messages is separate from transactional consent, requires your prior express written opt-in, and is not a condition of any purchase or participation in any Exotics Racing experience. You may opt out of marketing text messages at any time by replying STOP to any marketing message.
Exotics Racing will not sell or share your phone number or other personal information with third parties for marketing purposes. For additional detail on how your phone number and customer data are collected, used, and protected, please refer to our Privacy Policy, available on this Website.
DRIVING EXPERIENCE, GO-KART, & 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 the equivalent on the date of experience, which will be used for identification purposes as well as proof of general driving skills needed to operate the vehicles during the track experience. The ability to operate a manual transmission is not required for participation.
Ride-Along Participants. Ride-along participants must be at least 11 years of age, 59”, and 80 lbs. minimum. Participants aged 11–17 who are under 18 must be accompanied by an adult who must give written consent. For participants in the 10–11 age band specifically, a legal guardian must provide prior written consent AND must be physically present on-site for the entirety of the ride-along experience.
All participants must be physically capable of participating in the experience and all participants agree to notify Exotics Racing immediately of any illness, injury, or condition that may impact the participant’s ability to participate. Exotics Racing reserves the right in its sole and absolute discretion to refuse participation by any participant for any lawful reason.
GoKart Participants. 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.
Junior GoKart Participants. Junior GoKart participants must be at least 10 years of age and at least 48” tall. A legal guardian must provide prior written consent AND must be physically present on-site for the entirety of the Junior GoKart experience.
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 the track. Any participant with any sort of external equipment or any other external item that could interfere with the safety restraints, driver movement, or overall driver safety, must receive approval from Exotics Racing prior to participating in any experience. Exotics Racing reserves the right to refuse participation in its sole and absolute discretion if a participant cannot be reasonably and safely accommodated.
USE OF THIRD-PARTY RE-SELLER(S)
Any booking, order, gift certificate, package, or experience purchased, transferred, resold, or obtained through an unauthorized third-party seller, agent, individual, marketplace, social media account, reseller, broker, concierge, travel provider, or any other third-party who is not Exotics Racing or approved by Exotics Racing may not be honored or fulfilled. Exotics Racing reserves the right to verify the source of a purchase, the customer’s identity, the participant’s identity, and the payment method used for booking before allowing any participation in any experience or fulfilling any order.
If a booking, order, or reservation is connected to an unauthorized seller, suspected fraud, stolen or unauthorized payment method, chargeback activity, false information, inability to verify the source of purchase, or any other violation of these Terms, Exotics Racing reserves the right to cancel the booking, deny service, block participation, refuse fulfillment, and/or refuse to reinstate the order.
Exotics Racing only issues refunds for eligible payments made directly to Exotics Racing, subject to Exotics Racing’s refund policy. Exotics Racing does not issue refunds for payments made to an unauthorized third-party seller, agent, individual, marketplace, social media account, reseller, broker, concierge, travel provider, or any other third-party who is not Exotics Racing or approved by Exotics Racing.
At Exotics Racing’s sole discretion, the customer may be allowed to purchase a new experience directly from Exotics Racing, subject to availability.
RELEASE AND WAIVER CONTROLS
Participation in any driving experience, ride-along, or on-site activity is expressly conditioned upon execution of the Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (the “Release Agreement”). In the event of any conflict between these Terms of Use and the Release Agreement, the Release Agreement shall govern.
ASSUMPTION OF LIABILITY
Participants acknowledge that driving experiences are inherently dangerous and involve risks including serious injury, death, property damage, wildlife interaction, vehicle malfunction, collisions, and negligent acts or omissions of others, all of which are assumed by the participant as further detailed in the Release Agreement.
RIGHT TO REFUSE BUSINESS
Exotics Racing reserves the right to refuse business to any participant in its sole and absolute discretion for any lawful reason. Exotics Racing further reserves the right to end any and all Exotics Racing experiences early in its sole and absolute discretion. Exotics Racing does not
discriminate on the basis of a customer’s national origin, sex, religion, color, race, age, veteran status, disability, pregnancy, sexual orientation, or gender identity.
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 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 (2) months. If you refuse any of the newly proposed events or dates, 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 begun, the event 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 refunded or discounted for any uncompleted portion of your experience. Any delay or timing extension of your experience due to a rain-out or force majeure event does not entitle you to a discount, refund, or rebate.
RIGHT TO DENY ACCESS TO ONBOARD VIDEOS
By participating in any or all Exotics Racing experiences, you are agreeing to be videotaped, including both video and audio recording, by the onboard cameras in the vehicles as well as any cameras located on the premises. Exotics Racing reserves the right to use these videos and any reproductions in any lawful way. Exotics Racing also reserves the right to refuse any participant access to the video recordings or to any reproductions.
RIGHT TO EDIT OR UPDATE VIDEOS BEFORE RELEASE
In the event Exotics Racing provides a participant with access to a video recording, Exotics Racing reserves the right to edit, modify, and/or update such recording in its sole discretion.
PRICE & PAYMENT CONDITIONS
Prices listed on our Website, our brochures, and any of our commercial supports as listed are before any applicable taxes. Exotics Racing reserves the right to modify its prices without notice. Full payment by check, wire transfer, cash, or credit card must be received to validate the reservation.
