TERMS AND CONDITIONS OF MEMBERSHIP

Black Rock Motor Resort (“Club”)

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These Terms and Conditions apply to Members of 2834 Pty Ltd ACN 672 721 407 t/as Black Rock Motor Resort located at 282 Rhondda Road, Wakefield NSW 2251, ("Club").
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These Terms and Conditions may be amended by the Club from time to time.
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The Club will not be bound by any terms or conditions of membership other than as set out in these terms and conditions.

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1. Definitions

Circuit Sessions (sessions) means the following windows of access and usage of the circuit by Members in accordance with the entitlements of each category of Member as stated in the Matrix:

Daybreak Golden Hours: 8:00 AM - 10:00 AM
Morning Session: 10:00 AM - 1:00 PM
Afternoon Session: 1:00 PM - 4:00 PM
Day-end Golden Hours: 4:00 PM - 6:00 PM (seasonally adjusted for light)

Club means 2834 Pty Ltd T/as Black Rock Motor Resort;

Club Member means the category of membership referred to in the Matrix;

Corporate Member means the category of membership referred to in in the Matrix;

Villa Member means the category of membership referred to in the Matrix.

Immediate Family means spouse, de facto partner, child, parent, grandparent, grandchild or sibling of a Member.

Matrix means the Membership Matrix annexed to these Terms and Conditions;

Member means a member within any one of the defined categories of Membership;

Rules and Regulations means the rules and regulations which may be adopted and amended from time to time by the Club for the control and operation of the Club and its facilities and for the conduct required of Members while using the Club; and

Terms means these Terms and Conditions

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2. Membership Details

A Member shall be a person holding membership under one of the categories of membership referred to in the Matrix.

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3.   Membership Policies
3.1 Membership Card

Must be presented when using the facilities and services; and

No privileges and discounts are available without presentation of a current membership card.

Family Membership Privileges

Immediate Family Members of the Member shall have the same rights as the category of membership held by the Member pursuant to the information provided by the Matrix, the Terms, and the Rules and Regulations.

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3.3 Corporate Memberships

Corporate Membership will be held by a corporate entity;

The privileges of membership belong to the corporate entity;

The Corporate Member must designate the specified number of individuals permitted by the membership to exercise the privileges;

The nominated individuals must be approved by the Club;

Any variation of nominated individuals must be approved by the Corporate Member and the Club;

The Corporate Member is jointly and severally liable with all nominated individuals for all dues and charges under the Corporate membership.

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4. Member Privileges

4.1 Daily Circuit Access:

4.1.1 Subject to 4.1.2 and 4.1.3, access to the Black Rock Circuit (either the full circuit or part of the circuit), skid pan, and go-karts will be made available to members on every day of operation.

4.1.2 There will be dedicated Member Days as well as Corporate and Public days sharing the calendar.
4.1.3 In the event of a Corporate day or Public day on the track, a part of the day (usually between 8am and 10am or in the afternoon, between 4pm and 6pm) will be made available exclusively for Villa Member use. This is at the discretion of the Club.

4.1.4 For logistical, organisational and safety reasons, the Club reserves the right to cancel one or more scheduled Member Days.

4.2 Member Day Circuit Access:

4.2.1     There will be designated exclusive Member Day’s designated throughout the year and a calendar of available days will be published through the online booking system at least one month in advance.

4.2.2    Members will be entitled to access as many Member Days as they wish on a first come, first served basis, with Club Members being guaranteed 48 sessions per annum, thereafter, any additional sessions are on a standby basis only.

4.2.3     Members will be entitled to invite up to two guests each per Member Day based on availability.

4.3       Guest Passes:

4.3.1    Members will be entitled to invite Guests to Black Rock Motor Resort (“Club”).

4.3.2    A Guest of a Member is limited to two (2) sessions per annum.

4.3.2   Guest passes will be issued, and identification of the member guest will be required prior to Guest arrival so a pass can be issued.

4.3.3   The Guest Pass will entitle the guest to enjoy access to the Black Rock Lodge and Resort facilities.

4.3.4    A Guest Pass will entitle the Members guest to access the circuit on a Members Day, and a fee will be charged for this access.

4.3.5    The Members personal mechanics, technicians and similar staff, used by the Member during Member Days, depending on the Member, shall have access to resort areas and facilities consistent with Members and guests.

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4.4       Member Lodge and Facilities:
 
4.4.1    Members and their guests will have unlimited access to the Member Lodge and Club facilities including the Lounge, Bar, Dining Room, Gymnasium & Swimming Pool.

4.4.2    Members will receive preferential booking access to the Black Rock Day Spa (these will be subject to a fee for any services or products provided by the Day Spa).

4.4.3   Members will have access to book the exclusive Member Rooms in the lodge for their guests. (Accommodation will be charged at market rates)

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4.5       Performance Data Tracking:

Each member will be supplied with a data transponder at no cost for the first transponder - a replacement fee will be charged for any lost or damaged transponders. The data transponder will generate all the track-based data required for analysis by themselves or by a driver coach.

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4.6       Coaching and Data Analysis:

4.6.1    Members will have access to the full-time driver coaches and data engineers employed by the Club.

4.6.2     Coaches will be booked through concierge or through the online booking system and they will be a fee-for-service amenity.

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4.7       Tilke Club of Clubs ("C of C"):

4.7.1    The Club is a member of the C of C.

4.7.2    As a member of C of C, the Villa Members of  the Club will have reciprocal access to other C of C tracks who are participating in the C of C program.

4.7.3    A full list of available clubs will be published by Tilke from time to time.

4.7.4    Costs associated with participating in any activity at the other clubs will be borne by the Member.

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4.8      Exclusive Event Invitations:

Members will be eligible to be invited to exclusive events both locally and internationally.

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4.9     Hotel, Food & Beverage & Experiences Discounts:

Members will receive a discount on all Hotel Accommodation, Food & Beverage and driving Experiences within the Club.

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4.10   Concierge:

4.10.1 Members will have exclusive access to a personal Concierge service.

4.10.2 The Concierge can arrange the booking of any of the resort activities, amenities, and facilities.

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4.11    Services included in annual Membership fee
Member Day track access (included in membership)
Skid pan, go-karts & 4WD

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4.12    Services available on a fee-for-service basis
Car preparation - including mechanical service and cleaning
Race suit dry-cleaning/racewear cleaning and delivery
Housekeeping including linen, towels & cleaning)
Provisioning - shopping for food & beverage
Car detailing
Tyre supply & fitting
Fuel
Driver coaching and data engineer
Race program service
Spa services
Personalised fitness program and studio
Car storage (outside and beyond own Villa garaging)
Car transport to service centres / racetracks
Fleet access

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5.       Fees‍

5.1     Membership Fees:

5.1.1  The Member shall pay an initial membership fee upon signing and submitting the Application for Membership to the Club.

5.1.2  Until such time as the Club becomes operational no further membership fee shall be payable.

5.1.3  From the date that the Club becomes operational, an annual membership fee shall be determined by the Club for the current financial year.

5.1.4 The membership fee for that financial year shall be payable by monthly instalments on a prorata basis up to 30 June of that year.

5.1.5  The Club shall determine the annual fee on 1 July for the ensuing financial year and those annual fees shall be payable by Members by monthly instalments in advance.

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5.2     Late Payments:

5.2.1 Late payments may be subject to penalties or suspension of membership privileges, at the discretion of the Club.

5.2.2  The Club reserves the right to vary any price or fee for additional services and/or benefits, whether provided in this agreement or not.

5.2.3  The payment or fees due for any additional services contracted by the Member, or third parties related to the Member, must be within a period of fifteen working days after the date of the invoice is sent by the Club. Non-payment of these invoices within said period shall for all purposes be equivalent to the non-payment of the Membership fee, which shall cause the termination of the Membership for breach of contract and the resulting immediate loss of membership, without the possibility to claim the recovery of any amount paid for the Membership fee of the proportional part thereof.

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5.3    Suspension (Pause) of Annual Fees

5.3.1  A Member may apply for a suspension of membership fees in the following circumstances where the period exceeds one calendar (1) month:
(a) On medical grounds through injury or illness; and
(b) The Member being absent from the jurisdiction of New South Wales and/or Australia.
5.3.2  Should a member request a Suspension of fees under Clause 5.3.1(a) the Club requires written evidence from a medical professional stating the nature of the injury or illness and expected duration of the injury or illness.
5.3.3  Should a member request a Suspension of fees under Clause 5.3.1(b) the Club requires written evidence of the duration of the absence from the jurisdiction.
5.3.4  All requests for Suspension are to be in writing addressed to the Club General Manager stating the start date of absence and expected return date.
5.3.5  The Club may in its absolute discretion approve or refuse any requests for Suspension.

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6.1     Compliance:

The Member agrees to comply with all rules, regulations, and policies established by the Club, including but not limited to safety guidelines, code of conduct, and track usage policies.

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6.2 Guest Policies:

The Member shall be responsible for ensuring that guests comply with Club rules and regulations during their visit.

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7.    Termination

7.1     Termination by Member:

The Member may terminate the Membership by providing written notice to the Club thirty (30) days prior to the desired termination date. No refunds shall be provided for membership fees already paid.

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7.2     Termination by Club:

7.2.1  The Club reserves the right to terminate the Membership and revoke membership privileges in the event of a breach of any rules, regulations, and policies established by the Club, including but not limited to safety guidelines, code of conduct, and track usage policies or misconduct by the Member, with no refund of membership fees.

7.2.2 If applicable, members privileges that are accrued based on years of membership, must be consecutive years, and therefore, in the event a Member has ceased membership with the Club and later returned, benefits shall accrue from the most recent agreement entered into with the Club.

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8. Ownership and Investment

8.1      Ownership:

‍The Member acknowledges and agrees that membership in the Club does not confer any ownership rights of the Club's terrain, facilities, or company shares.

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8.2     Investment Interest:

The Member acknowledges and agrees that membership in the Club does not grant any ownership or investment interest related to the activities offered by the Club.

8.3     Service Provision:

The Member acknowledges and agrees that this contractual arrangement is solely for the purpose of providing services related to motorsports and activities offered by the Club. No ownership or investment rights are conferred upon the Member by virtue of this Membership.

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9.       General Conditions of Membership
9.1     Liability for Injuries
In consideration of the privileges described in these Terms, each Member and each person using the facilities, equipment and amenities of the Club through a Member’s membership, expressly agrees that:
(a) the use of the Club’s facilities, equipment and amenities is undertaken at the sole risk of the user, and the Club shall not be liable for any injuries or damages to any Member or other persons; and
(b) the Club and its officers, directors, shareholders, agents and employees shall not be subject to and are hereby released and forever discharged from any claims or demands whatsoever, including, without any limitation, those claims or demands resulting from acts or omissions of active or passive negligence on the part of the Club, or its officers, directors, shareholders, partners, agents or employees.

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9.2 Personal Property
(a)   The Club cannot guarantee the security of personal property.
(b)   Each Member and each person using the facilities, equipment and amenities of the Club is required to take precautions against theft and not to encourage theft by failing to properly secure all articles of personal property.
(c)   In consideration of the privileges described in these Terms, each Member and each person using the facilities, equipment and amenities agrees that the Club is not responsible or liable for articles damaged, lost or stolen in or about the Club, or left in lockers, or for loss or damage to any property, including, but not limited to, automobiles and the contents thereof.
(d)   Any storage facilities or lockers provided at the Club are offered as a convenience to Members and others and the Club does not represent or warrant that the lockers or storage facilities are safe and secure, nor does it guarantee that any items placed therein are or will be secure and accepts no liability for anything removed from such lockers or storage facilities.

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9.3 Conduct and Duties of Members
(a) Any misconduct or misbehaviour by a Member shall be deemed to be a serious breach of the any applicable rules and regulations, and policies established by the Club, including but not limited to safety guidelines, code of conduct, and track usage policies.

(b)   A Member shall behave in a considerate manner towards other Members and staff.

(c)   A Member shall exercise restraint in their use of their language.  

A Member shall not throw or deposit refuse on any part of the Club premises except in the receptacles provided.

Children under the age of 18 years must be accompanied at all times within the Club premises by a responsible adult.

10. Membership Matrix

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11. Key Notes for Membership Comparison:
11.1 All prices are inclusive of GST.
11.2 Memberships are based on annual agreements.
11.3 Corporate membership includes a 12-month Villa lease as part of a 12-month agreement.
11.4 Initiation fees are a one-off payment for membership access.
11.5 Membership fees are paid monthly in advance.
11.6 Members are the key contact and holder of the membership.
11.7 Family is defined as immediate family, which includes a spouse or de facto partner, children, parent(s), and grandparent(s).
11.8 For each wholly owned Villa, there are four transferable Village Membership entitlements available (activation of all four is optional).
11.9 Circuit access is typically divided into Sessions (Daybreak ‘Golden Hours’, Morning, Afternoon, and Day-end ‘Golden Hours’). Each Session may operate as Open Pitlane or as Group Sessions defined by participants.
11.10 The duration of Day-end ‘Golden Hours’ is seasonally adjusted for light.
11.11 Club Members are limited to up to 52 session bookings per annum (with no rollover from year to year) when booking more than 48 hours in advance of the session start time.
11.12. Standby sessions are those booked with less than 48 hours of the session start time.
11.13 All sessions are first come, first served, and subject to availability.
11.14 Session bookings can be made within a 90-day rolling booking window.
11.15 Members’ guests are capped at two Sessions per annum, after which time they must become members to continue use of the circuit.
11.16 Members Lodge stays, Hotel & Cabin accommodations, premium car storage, Fleet hire, Driving Academy services, and more are available at an additional cost.
11.17 Fees and inclusions are subject to change.