Conditions of Entry to the Venue

1. The Operator, with reasonable cause, may refuse entry to or remove any Patron from the
   Event. Reasonable cause includes, without limitation, a failure to comply with any of these
   conditions of entry.
2. Tickets are non-transferable on the day or during the day of presentation. Upon exit, the
   Patron’s hand must be stamped to regain entry on the same day. The stamp must be shown
   together with a valid Ticket clipped for that day to regain entry.
3. No Patron except the holder of a Ticket allowing entry to a reserved area or occupation of a reserved seat shall enter or remain in a reserved area or occupy a reserved seat.
4. Patrons must not, without the prior written consent of the Operator, bring any of the following items into the Event or Venue:
   • `any alcohol or illicit drugs;
   • any glass bottles or containers or other glass objects (excluding sunglasses, binoculars and prescription glasses);
   • any beverage container (including plastic bottles or cans) with the manufacturer’s seal broken;
   • any structure or item that may be used to erect a structure, or which is capable of supporting the weight of a person including, without limitation, any chairs, lounges, benches or stools (other than a folding fabric chair or folding fabric stool);
   • any structures or items such as sunshades, umbrellas, awnings, tents or other structures;
   • misuse, deface, damage, remove from the Venue or tamper with or attempt to misuse, deface, damage, remove from the Venue or tamper with any building, seat, chair, table, structure, vehicle, craft, truck, pipe, tap, tap fitting, conduit, electrical equipment, wiring or sign or excavate or cause to be excavated any part of the area used for the Event;
5. Patrons must not at the Venue:
   • damage or uproot any tree, shrub, flower or other plant or disturb or interfere with any fauna;
   • climb or attempt to climb or remain on any tree or building without the written consent of the Operator;
   • post, stick or place or attempt to post, stick or place any poster, placard, bill, banner, print, paper or any advertising material on any building, structure, fence, tree or cordon without the prior written consent of the Operator;
   • distribute any printed or visual matter or distribute, display or promote any advertising or promotional material, samples of goods or services or any other matter or thing, without the prior written consent of the Operator;
   • distribute, hawk, sell, offer or expose for sale any goods or services or collect money or orders from Patrons for goods and services, without the prior written consent of the Operator;
   • misuse, deface, damage, remove from the Venue or tamper with or attempt to misuse, deface, damage, remove from the Venue or tamper with any building, seat, chair, table, structure, vehicle, craft, truck, pipe, tap, tap fitting, conduit, electrical equipment, wiring or sign or excavate or cause to be excavated any part of the area used for the Event;
   • block any thoroughfare including, without limitation, any stairs, steps, aisle, gangway, overpass, roadway, underpass, bridge, passage, entry or exit at the Venue;
   • deposit litter, except in a receptacle provided for that purpose; (i) throw or attempt to throw any stone, bottle or other projectile;
   • block the view of any Patron with an umbrella, sunshade or other device;
   • disrupt, interrupt or behave in any manner that may disrupt or interrupt any race, Event or activity, distract, hinder or interfere with a driver of any vehicle or craft or interfere with the comfort of other Patrons or their enjoyment of the Event;
   • use indecent or obscene language or threatening or insulting words or otherwise behave in a threatening, abusive, riotous, indecent or insulting manner;
   • urinate or defecate otherwise than in a building or structure specifically provided for that purpose;
   • operate or use a loud hailer, public address system or other broadcast device;
   • conduct public surveys or opinion polls, solicit money, donations or subscriptions from members of the public, without the written consent of the Operator;
   • conduct entertainment without a licence from the Operator;
   • smoke in a designated no smoking area;
   • remove alcoholic beverages from the Venue;
   • use any photographic, video or audio recording equipment the Operator deems unacceptable for the purposes of Condition 6 below, which may include (without limitation) audio recorders, camera tripods, monopods or lenses with a total focal strength of greater than 300mm and digital video equipment; or
   • use photographic, video or audio recording equipment in areas where such use is prohibited or as otherwise directed by the Operator or its agents.
6. Without limiting any action available to the Operator, it is a condition of entry to the Event that:
   • (a) Patrons acknowledge that any film or other form of photograph, moving picture, still pictures or any sound recording of the Event or of any Patron at the Event (“Footage”) is approved for personal use only and the Patron must not use such items for any commercial purposes or in any internet or public or media broadcast;
   • (b) a person cannot make or reproduce or use any Footage or any part of it for profit, gain, public advertisement, display or for any other purpose except for the private enjoyment of the person making the Footage, without the consent of the Operator;
   • (c) if a person makes or reproduces or uses such Footage of the Event or any part of it with or without the consent of the Operator, that person must on request by the Operator assign, in writing, all copyright, all intellectual property and any derived remuneration from the Footage to either the Operator or their assignees as directed by the Operator.
7. Any person who does not comply with these Conditions may be removed from the Event or the Venue and their Ticket and any object brought into the Event in contravention of these Conditions may be confiscated by the Operator or its agents. Any Patron who has been removed from the Venue is prohibited from re-entering the Event or Venue for a minimum period of 24 hours or as decided by the Operator.
8. The Operator may, at any time, inspect any vehicle, bag, basket or other receptacle or require a Patron to turn out their pockets. A Patron may be asked to undergo a search, pat down and/or metal detector search when entering the Venue or in order to remain at the Venue, and if a Patron refuses, the Operator may at its discretion prohibit the Patron from entering the Venue or remove the Patron from the Venue.
9. The Operator at any time may revoke any consent given by the Operator.
10. Patrons must comply with all directions of the Operator or its agents.
11. No representation is made to Patrons holding Tickets that there is space available on viewing areas.
12.  Concession Patrons must show approved identification to the Ticket seller and at the entrance to the Venue and the Event.
13. Patrons who bring children to the Event are responsible for the care, conduct and supervision of those children at all times and must keep those children within sight at all times. Children may not be permitted to enter certain areas at the Event for safety or other reasons as determined by the Operator.
14. Patrons acknowledge that the Operator and authorised third parties may make or record film or other forms of moving picture, still picture or any of them, including (without limitation) of the Event and Patrons). Unless otherwise agreed with the Operator, each Patron hereby grants permission to the Operator to use photographs, film, tape, or other images or likenesses of the Patron or the Patron’s voice in any media (including publication within or outside Western Australia) and for any purpose without identification, compensation or payment of any kind.
15.  Patrons acknowledge that CCTV cameras may record activities in the Venue, recordings from which may be used for any purpose as determined by the Operator.
16. The Operator may collect personal information about Patrons (including, without limitation, the name, address, phone number, image or likeness of Patrons) which is necessary for it to operate the Event including (without limitation) for the purposes of coordinating the seating and/or viewing arrangements at the Event and of conducting research, marketing and promotional activities in relation to the Event and subsequent and related or similar Events. Conditions of Entry Page 4 of 4 Patrons consent to the use and disclosure of their personal information by the Operator to research, marketing and promotional organisations for the above purposes. If Patrons do not wish the Operator to use or disclose their personal information for these purposes or wish to gain access to their personal information held by the Operator (if any), Patrons should contact the Operator at PO Box 241 Kwinana 6966, Western Australia.
17. Nothing in these conditions of entry excludes or derogates from terms implied by law, which cannot be excluded.
18. The Perth Motorplex is obligated to follow all WA Government directions about COVID-19 restrictions and patron entry requirements. For further information visit https://www.wa.gov.au/government/covid-19-coronavirus/covid-19-coronavirus-mandatorycovid-19-vaccination-information

WARNING – MOTOR SPORT IS DANGEROUS

Definitions

“Event” means any racing, practice, promotion, activity, occurrence or show to be held at the Venue. “Loss” means:

• • (a) damage or loss, including direct loss, economic loss, or loss of profits, psychological trauma, death or personal injury (including illness), consequential or special damage, loss of use and loss of revenue; (
  • b) liability of any kind whatsoever, compensation, costs, charges, expenses, claims or other obligation, including;
    • i. the cost of defending or settling a claim; and
    • ii. legal fees on a solicitor-client basis; and which occurs whether it arises:
  • (c) under contract, tort (including negligence), indemnity or otherwise; and
  • (d) directly or indirectly.

“Operator” means Evolve Facility Management Pty Ltd and its authorised, officers, agents, employees and contractors.

“State” means the State of Western Australia.

“Ticket” means any ticket, pass, credential, or other document for access to the Venue for any Event whether paid or complimentary.

“ticket holder” means the holder or purchaser of a Ticket.

“Venue” means Perth Motorplex, Anketell Road Kwinana, Western Australia.

Liability

In consideration of being able to attend or participate in the Event, (and as a condition of the purchase or issue of this Ticket), the ticket holder agrees as follows:

1.  (RELEASE) The ticket holder agrees, to the extent permitted by law, to release the Operator and the State and controlling bodies (means Australian National Drag Racing Association Limited ACN 149 309 151 and/or National Association Of Speedway Racing Incorporated ABN 11 373 518 738), promoters and sponsor organisations of the sport and of the Event, land owners and lessees of the Venue and organisers of the event and race teams and competitors, and their respective employees, officials, representatives and agents (collectively, the “Associated Entities”) from any and all Loss which the ticket holder may suffer or incur whether directly or indirectly from:

• • (a) the ticket holder’s participation in or attendance at the Event;
  • (b) the ticket holder’s use of the Venue, including any loss of, damage to or theft of the ticket holder’s property; and
  • (c) any act or omission on the part of the Operator or any of the Associated Entities. Conditions of Sale Page 2 of 3

2. (NO WARRANTY) The ticket holder acknowledges that, to the extent permitted by law, the Operator and Associated Entities do not make any warranty, implied or express, that any services for the Event or the Venue will be provided with due care and skill or that any materials provided in connection with the Event will be fit for the purpose for which they are supplied.

3. (OWN RISK) The ticket holder agrees to attend or participate in the Event and use the Venue at the ticket holder’s own risk. The ticket holder acknowledges and accepts that motor sport is dangerous and that accidents causing harm may occur.

4. (WARNING – RISKS OF EVENT) The ticket holder acknowledges that the Operator and the Associated Entities warn the ticket holder that there are risks associated with attending or participating in the Event and using the Venue, including the risk that the ticket holder may suffer harm, including psychological trauma, personal injury (including illness), death or damage to property, as a result of: (

• • a) motor vehicles (or parts of them) colliding with other motor vehicles, persons, or property.
  • (b) debris hitting persons or property.
  • (c) acts of violence and other harmful acts (whether intentional or inadvertent) committed by persons attending or participating in the Event; and
  • (d) the unsuitability or failure of facilities, including safety barriers and fencing, at the Venue to prevent harm.

NOTE: The ticket holder is being supplied with a recreational service (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Consumer Law (WA)) and the Event is a recreational activity and may be a dangerous recreational activity (as those terms are defined in the Civil Liability Act 2002 (WA)). Those laws may impact the legal rights the ticket holder might otherwise have in relation to the Event.

Ticket Terms and Conditions

Each ticket issued by the Operator or promoter of an Event for attendance or participation at an Event is subject to the following conditions:

1. Tickets cannot be exchanged for another Event.

2. Subject to clause 3 below, tickets will not be refunded under any circumstances, including but not limited to, the possible non-appearance of any particular person, group, competitor, attraction or personality expected to enter an Event and whether advertised or not; or any adverse weather conditions or any circumstances beyond the reasonable control of the Operator.

3. Should the Event be abandoned less than two hours prior to the scheduled completion of the Event the ticket may, at the discretion of the Operator, be valid for the next scheduled event of the same type and value. No money will be refunded.

4. Tickets obtained from sources not authorised by the Operator may not be honoured for admission to the Venue.

5. The Operator is not obliged to replace a ticket under any circumstances, including but not limited to, loss or theft.

6. Any Ticket purchased and the ticket holder’s entry to and presence at the Venue is subject to these Conditions of Sale and the Conditions of Entry, available by request at the Venue. Conditions of Sale Page 3 of 3

7. Published concessional ticket prices are available only to those classes of persons which the Operator officially publishes as being eligible for the concessional price. Identification and/or evidence of qualification for the concessional price may be required and must be produced if requested, both when purchasing tickets and when entering the Event.

8. Tickets are non-transferable on the day or during the day of presentation. Upon exit, the ticket holder’s hand must be stamped to regain entry on the same day. The stamp must be shown together with a valid ticket clipped for that day to regain entry.

9. Tickets may not be sold, on-sold, exchanged for fee or reward or other valuable consideration or otherwise commercially dealt with without the prior written consent of the Operator, which may attach any conditions it sees fit. If a ticket has been dealt with in contravention of this condition, the bearer of the ticket will be denied admission.

10. The Operator reserves the right, with reasonable cause, to refuse entry to any person or remove any person from the Event. Any ticket holder who has been removed from the Event will be prohibited from re-entering the Event and Venue for a minimum period of 24 hours and is not entitled to any refund. Tickets may not be used for advertising or other promotional purposes (including prizes, contests or sweepstakes) without the consent of the Operator, which may attach any conditions it sees fit.

11. Ticket holders acknowledge that the Event may be held on such dates as approved by the Operator. The Operator reserves the right to add, withdraw or substitute any riders, performers or activities associated with the Event, vary programs, seating arrangements, other conveniences and attractions and audience capacity and determine and publish additional conditions applicable to the ticket holder from time to time.

12. Nothing in these conditions of sale excludes or derogates from terms implied by law which cannot be excluded.