COTA Driving Experience Terms and Conditions
By booking or participating in a COTA Driving Experience, each individual (a “Participant”) shall be bound by these Terms and Conditions (“Agreement”). This Agreement relates to Participant’s purchase with Circuit of the Americas LLC (“COTA”) for the driving experience at Circuit of The Americas® (the “Event”) located at 9201 Circuit of The Americas Blvd., Austin, TX 78617 (the “Facility”).
Participant Requirements
All drivers participating in the Event (each such Participant, a “Driver Participant”) must be at least 25 years of age with a valid driver’s license. Drivers will be required to furnish a valid Driver’s License or equivalent on the date of the Event.
All ride-along Participants must be at least 18.
All Participants and guests and invitees will be required to sign a Release prior to participating in the Event.
Damage Authorization Hold
A damage authorization hold (“Damage Authorization Hold”) in the amount of $5,000 is required to be placed on a valid, unexpired credit card by each Driver Participant. At the election of each Driver Participant, this Damage Authorization Hold may be reduced to $2,500 in exchange for a $300 non-refundable fee. In the event that Driver Participant causes damage to COTA’s property or any vehicles or equipment used at the Event, COTA is hereby authorized to charge the Driver Participant an amount up to the value of the Damage Authorization Hold. Driver Participant acknowledges and agrees that in the event of an accident, COTA is not limiting the liability of Driver Participant to third parties or for damage (including personal injury) other than property damage to COTA’s owned or leased property.
Refund Policy
Provided Participant gives notice to COTA of its intent to cancel its participation in the Event at least sixty (60) days prior to the Event, Participant shall receive a full refund. Provided Participant gives notice to COTA of its intent to cancel its participation in the Event at least twenty-nine (29) days prior to the Event, Participant shall receive a fifty percent (50%) refund. There will be no refund if Participant cancels its participation in the Event within thirty (30) days prior to the Event. Any such refund shall be paid to Participant no later than fifteen (15) after notice of cancellation.
Dangerous Conditions
COTA reserves the right to modify, cancel or postpone the Event if in the reasonable judgment of COTA the weather or other conditions render the holding or continuance of the Event dangerous. The decision shall be in the sole discretion of COTA. COTA’s priority in the case of inclement weather or dangerous conditions prior to the beginning of the Event is to reschedule the Event. COTA will exercise reasonable efforts to provide alternative dates for the Event as a whole or for Participant’s registration (subject to availability). Participant will have the discretion to decide whether to participate in an alternative Event date or cancel its registration. If Participant decides to cancel the Event participation, COTA will fully refund Participant. Any such refund shall be paid to Participant no later than fifteen (15) after notice of cancellation.
Rescheduling
COTA reserves the right to modify, cancel or postpone the Event for any reason. Notifications will be provided via your registration email whenever required changes are determined in advance. If a reschedule is necessary, COTA will exercise commercially reasonable efforts to provide an alternative Event date for Participant’s registration. If no suitable date is found, at the determination of Participant, Participant’s registration may be cancelled for a complete refund.
Assumption of Risks, Disclaimers, Indemnity. Each Participant, for itself and for its guests and invitees, assumes all risks of personal injury to, or for any damage to or any loss of property of, Participant and its guests and invitees, arising out of, during or relating to their attendance at the event. Neither COTA, its subsidiaries, or affiliates, nor any of their respective officers, partners, employees, directors, members, owners, managers or agents (the “COTA Parties”), will be liable or responsible for any loss, damage, or injury to any person or to any property of Participant or Participant’s guests or invitees in, upon or around the Facility or related to the event resulting from any cause whatsoever, including, but not limited to, theft and vandalism, unless due to, and only to the extent of, the gross negligence or the willful misconduct of one of the COTA Parties. THE MAXIMUM AMOUNT OF DAMAGES, INDIVIDUALLY OR IN THE AGGREGATE, THAT THE COTA PARTIES WILL BE LIABLE FOR OR CAN BE REQUIRED TO PAY TO PARTICIPANT OR ANY OTHER CLAIMANT IN CONNECTION WITH ANY MATTER RELATED TO THIS AGREEMENT IS THE ACTUAL AMOUNT OF FEES PAID TO COTA BY PARTICIPANT UNDER THIS AGREEMENT. PARTICIPANT AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE COTA PARTIES FROM AND AGAINST ANY AND ALL LIABILITY, LOSSES, CLAIMS, DEMANDS, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND LITIGATION EXPENSES, ARISING OUT OF (I) ANY CLAIMS FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ATTRIBUTABLE TO PARTICIPANT’S OR ANY OF PARTICIPANT’S GUEST’S OR INVITEE’S USE OF THE FACILITY REGARDLESS OF WHETHER SUCH PERSONAL INJURY OR PROPERTY DAMAGE WAS CAUSED BY OR RESULTS FROM, IN WHOLE OR IN PART, THE NEGLIGENCE OR OTHER FAULT OF ANY COTA PARTIES, WHETHER SOLE, JOINT, ACTIVE OR PASSIVE, EXCEPTING FROM THIS INDEMNITY ONLY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A COTA PARTY, OR (II) DUE TO ANY CONTRAVENTION OF THE PROVISIONS OF THIS AGREEMENT OR OF ANY APPLICABLE LAWS, RULES, REGULATIONS OR ORDERS OF ANY GOVERNMENTAL AGENCY BY PARTICIPANT OR PARTICIPANT’S GUESTS AND INVITEES. THIS PROVISION WILL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Rules and Regulations
Participant will comply with, and will cause each of its guests and invitees to comply with, all COTA rules and regulations, as may be modified from time to time, and adhere to the Venue Policies: https://circuitoftheamericas.com/venue-policies/.
Conduct
Participant understands COTA reserves the right to refuse to allow any Participant or guest to participate in the Event who appears to be impaired or intoxicated, with no refund.
Security
COTA advises Participant and its guests or invitees to not leave any items of value or importance unattended. COTA is not responsible or liable for items lost, stolen or damaged if left unattended. Participant will be responsible for any damage to any hospitality suite, paddock or loft or other space utilized by Participant.
Privacy Policy
https://circuitoftheamericas.com/privacy-policy/
Disclaimer
All driving is done under professional supervision by professional instructors on a closed racetrack or guided driving environment. Driving remains a dangerous activity, particularly at high speeds, and COTA makes no warranties to the safety of the activity even within the guided course. Do not try this at home.
GENERAL EVENTS
USE OF THIS TICKET CONSTITUTES ACCEPTANCE OF ITS TERMS
YOU HEREBY ACKNOWLEDGE THAT MOTOR RACING, THIS EVENT AND CERTAIN ACTIVITIES ASSOCIATED THEREWITH ARE DANGEROUS. Participation in this event, racing, and all related activities, whether occurring prior to, during, or subsequent to the event, as a spectator is AT YOUR OWN RISK, and YOU HEREBY RELEASE sanctioning bodies, Circuit of the Americas LLC (“COTA”), organizers of the Event (including officials, marshals, rescue, medical staff), competitors and drivers, and all directors, managers, officers, shareholders, owners, affiliates, employees and agents of each of the foregoing (collectively, “Releasees”) from any and all claims arising from the event, including negligence of Releasees. Motor racing is dangerous and noisy. The inherent risks posed by this event and related activities include, but are not limited to, flying debris and other hazards resulting from collisions, reckless or violent acts committed by event attendees or attendees’ animals (to the extent animals are permitted at this event), and failure or unsuitability of facilities—such as grandstands, barriers or railings—to protect persons and property from harm. If you are a parent or guardian accompanying a minor, by allowing the minor to attend the event, you are deemed to have given all of the foregoing grants of rights, releases, and waivers on such minor’s behalf. If you do not wish to or are not authorized to grant such rights, releases, and waivers on behalf of such minor, the ticket holder should immediately accompany the minor out of the track/venue.
All rights to broadcast, record, photograph, repeat, reproduce or recreate the event are reserved to COTA. Any photographic display, live or recorded audio, or video or any other type of transmission, exhibition or reproduction made of, or at, the events shall not be used without COTA’s consent. Your entry to the facility grants permission to COTA and their affiliates (and their respective licensees and agents) to utilize your image, likeness, actions and statements in any of the aforementioned types of media.
COTA and the other entities and persons listed above are not responsible for conditions or events outside their reasonable control, including, but not limited to, inclement weather or transportation problems. You assume sole responsibility for your transportation to and from the COTA venue.
You must abide by our rules and regulations available at www.circuitoftheamericas.com. A guideline of acceptable and prohibited items and activities are also listed. Your bags, purses, backpacks and persons are subject to screening by security personnel at their discretion. Dates, programs, seat allocations are all subject to change. Booking charges are non-refundable. Tickets are non- transferable and not for resale. For security measures, you may be refused admission to, removed from the venue, and filmed by CCTV for any violation of facility rules, apparently unlawful behavior, disruption of the event, or any other reason at the sole discretion of COTA, its employees and agents, or other event staff. Articles that compromise public safety are not permitted. Animals (other than service animals) are not permitted unless otherwise expressly stated.
Tickets should only be purchased through authorized agents. Tickets obtained from sources other than COTA or its authorized agents will not be honored. If a ticket is resold or transferred for profit or for commercial gain (including as part of a promotion or prize) without COTA’s authority it will become void and the holder may be refused entry to or ejected from the Venue. Illegible tickets shall be void. Resale or an offer to resell tickets at any price while on the premises of COTA, or any other property owned by COTA is strictly prohibited.
Complimentary tickets not exchangeable or redeemable for any benefit offered to tickets with a dollar value.
You must always keep to the designated paths and steps. You must comply with all instructions given by any official. No person may use the name of the Event or part thereof (nor any abbreviation or foreign language version thereof) nor any logo or graphic device of or relating to the Event for any advertising, promotion, or other trade purposes without the prior written consent of COTA. These terms and conditions shall be governed by the laws of Texas.
To the extent animals are expressly permitted for the event, any such animals brought by you shall be well-mannered, trained, and good in crowds of people and other animals. If you are bringing an animal, you represent and warrant to the foregoing and agree to keep your animal on leash and within your control at all times, for the safety of all attendees. YOU HEREBY AGREE TO INDEMNIFY, RELEASE, AND HOLD HARMLESS Releasees for the conduct of your animal(s) and of any other animal(s) brought to the event, which risks YOU READILY ACKNOWLEDGE AND ASSUME.
COTA has taken enhanced health and safety measures – for you, drivers, crew, vendors, employees and other guests. An inherent risk of exposure to COVID-19 exists in any public place where people are present, including COTA and the event for which you are purchasing admission. COVID-19 is an extremely contagious disease that can lead to severe illness and death. People who show no symptoms may spread COVID-19 if they are infected and therefore any event where people are present may pose heightened risk of contracting COVID-19. If you are considered a high-risk person as defined by the Centers for Disease Control and Prevention (CDC), you may be especially vulnerable to COVID-19. You should evaluate your own risk in determining whether to attend any public event including the event at COTA for which you are purchasing admission.
As a condition of admission to this event at COTA you will be required to abide by all current facility rules, posted instructions, and protocols while on premises or risk ejection, including, but not limited to the following, which may be periodically revised in accordance with public health guidance or requirements, or other guidance or requirements:
- Guests are encouraged (and may be required) to wear a cloth face covering (all guests who are 3 years or older).
- Guests may be required to submit to a non-contact temperature check prior to entry.
- Guests may be presented with a brief questionnaire prior to entry to confirm that they are not currently experiencing COVID-19-like symptoms and/or have not been recently exposed to the virus which causes COVID-19.
- Guests must maintain a distance of at least 6 feet between their travel party and others.
- Guests are reminded to wash their hands frequently with soap and water.
- For guests who may need an accommodation in order to comply with any facility rules and/or protocols, please contact our guest services team for further information.
In addition, to further protect the health and safety of our guests and employees, you will not be admitted to COTA and you should stay home if within past fourteen (14) days you have:
- Tested positive or have been deemed presumptively positive with COVID-19;
- Sought testing to determine whether you might have COVID-19 due to contact with someone who tested positive for COVID-19, and have not yet received the results;
- Been informed that you may have been exposed to Coronavirus or learned that you have been in the immediate vicinity of a person now known to have been carrying the Coronavirus; or
- Experienced any of the following symptoms commonly associated with COVID-19, including cough, shortness of breath or difficulty breathing, OR two or more of any of the following: fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell.
WAIVER – ASSUMPTION OF RISK
By purchasing tickets to and/or attending this event at COTA you acknowledge the risks above. You also acknowledge notice of and agree to follow all facility rules, posted instructions, and protocols. You also agree to notify all guests for whom you are purchasing tickets of the instructions and protocols disclosed here, those that may be made publicly available for the event, and those that may be conveyed prior to your party’s arrival. You acknowledge and agree that you are voluntarily assuming all risks, including of exposure to COVID-19, and agree to release, indemnify, waive, hold harmless and discharge Circuit of the Americas LLC, its parent and subsidiary entities, and all related and affiliated individuals and entities, and all individuals and entities involved in the event at COTA which you are attending, from all claims directly or indirectly arising from your visit to COTA.
THIS TICKET IS A REVOCABLE LICENSE TO ATTEND THE EVENT LISTED ON THE FRONT OF THE TICKET. YOU ARE NOT ENTITLED TO A REFUND, REPLACEMENT TICKET OR TO PAYMENT FOR ANY DAMAGES OF ANY KIND FOR ANY REASON, INCLUDING WITHOUT LIMITATION THE DELAY, POSTPONEMENT, CANCELLATION, SHORTENING, OR OTHER ALTERATION OF THE EVENT. TICKET IS ONLY VALID FOR EVENT AND SEAT PRINTED ON TICKET.
THIS TICKET IS ALSO SUBJECT TO ALL TERMS OF ITS ORIGINAL SALE.
USE OF THE UNIVERSE SERVICES PLATFORM CONSTITUTES ACCEPTANCE OF ITS TERMS. Please read the following terms and conditions carefully before you use the Universe Services:
