Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
PLEASE NOTE: YOU MUST BE 16 YEARS OLD OR OLDER IN ORDER TO PARTICIPATE ON OUR SITE.
- No racing license needed! Just prep yourself and the bike and come on down!
- Minimum age for all participants is 12 years of age.
- Participants will not consume alcoholic beverages during a track event.
- Pit speeds are limited to 10 mph.
- No sparky knee pucks are allowed.
Cancellations will be accepted up to 15 days prior to the registered event. You have the option of a full credit or refund. Cancellations falling between 14 and 7 days before an event are eligible for a full credit. There are NO credits or refunds for cancellations falling within 7 days of the event registered for.
Any sale or transfer of your track day slot must be authorized through Florida Trackdays prior to the day of the event. If not, the sale/transfer will not be honored at the track.
Prices advertised are pre-entry prices. A post entry fee of $50 will be assessed for riders who do not pre-register and sign up track side on the day of the event.
Leather Suit and gear rental Refund Policy
Refunds can take up to seven business days depending upon credit card, bank, paypal, etc.
Florida Trackdays rides “rain or shine”.
In case the track venue calls an event due to unrideable conditions there may be a make up date and/or credit for a future event. You must be present in order to receive the credit.
Pets are not allowed.
We reserve the right to enforce all the rules along with any rules and regulations set forth by the hosting venue.
Monday – Friday 9:00am – 5:00pm
- Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
- Copyright. All content on this site, including but not limited to text, graphics, logos, button icons, images, and software, is the property of FloridaTrackdays.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of FloridaTrackdays.com and protected by U.S. and international copyright laws. All software used on this site is the property of FloridaTrackdays.com or its software suppliers, and is protected by United States and international copyright laws.
- Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by Florida Trackdays in its sole discretion. If membership has been revoked, Florida Trackdays reserves the right to refuse application or readmission to the membership program.
- Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
- Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
- Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
- Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
- Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
- Third-Party Services. We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
- Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
- Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
- Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
- Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
- Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
- Return Policy. Our Return Policy, available at https://floridatrackdays.com/index.php?main_page=page&id=2&chapter=0, as it may change from time to time, is a part of this Agreement. Due to the nature of our online site, and the products listed, we have a strict return policy.
- Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF BROWARD COUNTY, FLORIDA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF FLORIDA . YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT Fort Lauderdale , FLORIDA OR THE DISTRICT OF FLORIDA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by Florida Trackdays, in the State of Florida, USA. As such, the laws of Florida will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
- Verify Members’ Address: Florida Trackdays reserves the right to contact a Member via email to verify the accuracy of account information (including the Member’s correct name and address) that is needed to provide the Member with the information he or she requested from Florida Trackdays.
- Florida Trackdays cannot be responsible for any delays in shipping due to the shipping company’s error(s). This includes local delivery errors as well as international customs issues.
- All Florida Trackdays orders are shipped according to the information supplied by the customer. If a package is not delivered due to an error made by the customer in submitting improper shipping information, Florida Trackdays will reship the package, or request a delivery intercept (UPS only) with corrected address at the customer’s expense.
- If 3 delivery attempts have been made to deliver the package by the shipping company, and it is returned to Florida Trackdays, the package will be resent at the customer’s expense.
- If customer wishes to cancel the order after it has been shipped, all return policies will apply.
- Florida Trackdays ship all products via UPS and USPS. Customers may opt for specialized shipping at an additional cost and handling fee at our discretion. Shipping providers may change without notice.
- Florida Trackdays is unable to bill any shipping charges to a receiver’s account or to third party accounts.
- Florida Trackdays does not ship to forwarding or courier companies, or other facilities that offer package forwarding services out of the United States.
- The use of products obtained from Florida Trackdays is at the sole discretion of the purchaser.
- The purchaser of any product from Florida Trackdays releases Florida Trackdays from all liabilities as to the use of said products. The purchaser recognizes that any alteration or modification to any motorcycle may increase the risk of injury or accident and may also render the motorcycle illegal for public road use.
- Florida Trackdays will replace any product that is defective or was shipped in error at no cost to the customer. Please see below for return instructions.
- Return Merchandise Authorization (RMA). Before sending any item(s), you must call 786-632-6500 to get prior authorization before returning any item, regardless of reason, to request a Return Merchandise Authorization (RMA). Florida Trackdays cannot accept returned merchandise without an RMA. The RMA number should be written on the shipping label or visible on the shipping box.
- To return an item you must contact us within 30 days from the date your package arrives. Florida Trackdays is not responsible for any damage or loss of returned packages and we suggest that you insure the returned package(s) through the carrier. We cannot process refunds on damaged items; damaged items will be returned to the customer via ground shipping.
- Returns and exchanges must be in new condition and include original product packaging. Do not use the manufacturer’s product box as the shipping container. For each item returned for refund instead of exchange, a restocking fee of up to 15% may be assessed. There is no restocking fee for an even exchange.
- The Manufacturer’s packaging must be clear of writings or markings.
- Exchanges. There are two exchange methods available at Florida Trackdays: 1) Standard exchange or 2) Cross-ship. For the fastest service, Florida Trackdays can cross-ship orders that were purchased with a credit card. Florida Trackdays will temporarily charge your credit cart for the cost of the replacement item(s). When Florida Trackdays receives the item(s) being cross-shipped, the additional charges will be refunded.
- Refunds. Credit card refunds are credited back to the card used for the original purchase.
- Return Shipping Methods. Return all items via ground shipping. Please note that third-party shippers, such as UPS Store, FedEx Kinko’s, Mailbox Ect., and similar companies, may add charges to normal ground shipping costs. Florida Trackdays does not reimburse these charges. Do not return any items COD; our returns department cannot accept COD returns.
- Parts that have been installed (or damaged while attempting to install) and/or used in any manner will not be accepted for return.
- Electrical, ignition, and discontinued items are not returnable. Videos and DVD’s must be unopened and in original packaging.
- Special order items can be exchanged, but if returned for a refund a restocking fee of 15% will apply.
- All closeout and clearance merchandise sales are final and cannot be refunded. Exchanges or manufacturers defect are acceptable.
- If you return any item from a combo/package deal for a refund, the items being kept from the combo/package deal will revert to regular pricing and customer will receive refund of the remainder after pricing has been recalculated to reflect original pricing. Florida Tackdays will not accept exchanges that contain items that are discontinued or no longer available.
- Return shipping costs and other incidental feeds are the sole responsibility of the customer unless the item was defective or shipped in error.
- Return RMA items to the following address: Florida Trackdays, Inc.
ATTN: RMA# (RMA number provided by customer service at 1-786-632-6500)
4594 North Hiatus Rd Sunrise, FL 33351
- No warranty, written or implied is made on any products made or sold by Florida Trackdays, Inc. All descriptions given by Florida Trackdays as to function are for reference only and are not a guarantee. Florida Trackdays cannot assume any responsibility for personal injury, labor or other injury arising out of the use of any product manufactured or sold. Florida Trackdays shall not, under any circumstances, be liable for any special, incidental or consequential damages, including but not limited to damage or loss of goods or claims of customers of the purchaser which may arise and or result from the sale, installation or use of these products. By purchasing or installing the product, the purchaser agrees to all of these terms.
- For further warranty information, please see further documentation from the manufacturer of your product. All product warranty is the sole responsibility of the manufacturer. Florida Trackdays will assist you with any warranty claim to the best of it’s ability as customer service is our top priority.
Leather Suit Rental Policy:
- Florida Trackdays offers a free leather suit program for the Novice group riders based upon reimbursement. In order to participate, you must reserve the suit, boots, and or gloves (all are eligible) on the website along with your Novice riding group. You will receive an email confirmation when you complete the order. The day after the event, Florida Trackdays will refund any cost associated with the rental gear if you are registered as a novice and the gear is returned undamaged. Intermediate and advance riding groups will receive the deposit portion of the rental as long as the gear is returned without damage.
RELEASE AND WAIVER OF LIABILITY. ASSUMPTION OF RISK AND INDEMNITY AGREEMENT:
IN CONSIDERATION of being permitted to compete, officiate, observe, work, or participate In any way in the EVENT($) or being permitted to enter for any purpose any RESTRICTED AREA (defined as any area requiring special authorization, credentials, or permission to enter or any area to which admission by the general public is restricted or prohibited), EACH OF THE UNDERSIGNED, for himself, his personal representatives, heirs, and next of kin:
1. Acknowledges, agrees, and represents that he has or will immediately upon entering any of such RESTRICTED AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS which he enters, and he further agrees and warrants that, if at any time, he is in or about RESTRICTED AREAS and he feels anything to be unsafe, he will immediately advise the officials of such and if necessary will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENT(S).
2.HEREBY RELEASES,WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, competition vehicle owners, drivers, pit crews, rescue personnel, any persons in any RESTRICTED AREA, promoters, sponsors, advertisers, owners and leassees of premises used to conduct the EVENT(S), premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or Instructions or engage In risk evaluation or loss control activities regarding the premises or EVENT(S) and each of them, their directors, officers, agents and employees, all for the purposes herein referred to as “Releasees,” FROM ALL LIABILITY TO THE UNDERSIGNED, his personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE
3. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur ar sing out of or related to the UNDERSIGNED’S INJURY OR DEATH, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
4. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the EVENT(S) whether caused by the NEGLIGENCE OF RELEASEES or otherwise.
5. HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED, also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the State or Province In which the Event(s) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
7. HEREBY acknowledges that the undersigned has the right to negotiate the terms and conditions of this release agreement but by signing below hereby waives such right.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF All LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
To Contact Us with Any questions:
Florida Trackdays, Inc.
4594 North Hiatus Road
Sunrise, FL 33351