ACE MOTORSPORT – TERMS AND CONDITIONS OF USE & PARTICIPATION (Effective: AUGUST 2026) These Terms and Conditions (“Terms”) govern all participation in karting, SIM racing, and related activities provided by Ace Motorsport Limited, operating at Go Media Stadium Mt Smart and Colin Dale Motorsport Park, Auckland, and other approved locations where ACE Motorsport conducts activities. (“Ace Motorsport”, “we”, “our”, “us”). By entering the venue, booking, or participating in any activity, you agree to be bound by these Terms and our Venue Conditions of Entry and Privacy Policy. 1. General Participation Conditions 1.1. Karting and simulator activities involve inherent risks, including collisions, loss of control, mechanical incidents, physical strain, and injury. Participants acknowledge and accept the ordinary risks inherent in these activities. Nothing in these Terms excludes or limits any responsibility or liability that cannot legally be excluded or limited. 1.2. You acknowledge that these activities are competitive and physically demanding and that accidents may occur even when all safety rules are followed. 1.3. You agree to follow all instructions provided by Ace Motorsport staff, marshals, and signage at all times. 1.4. Ace Motorsport reserves the right to refuse entry, suspend, or remove any participant who does not comply with safety instructions, displays unsafe or aggressive behaviour, or appears unfit to participate (including under the influence of alcohol or drugs). 1.5. All participants (or their parent/guardian if under 18) must complete any required participation acknowledgement or safety declaration before participating. 1.6. Minor and Guardian Consent Participants under the age of 18 must have permission from a parent or legal guardian before participating. A parent or legal guardian accepts responsibility for ensuring the participant understands and follows these Terms, safety instructions, and staff directions. 1.7. ACE Motorsport may operate activities across multiple venues. Track layouts, procedures, facilities, safety requirements, and operating conditions may differ between locations. 1.8. Weather: ACE runs outdoor Go Kart tracks and will operate in most weather conditions. Guests should be aware that by booking Go Karting, they acknowledge the risks associated with an outdoor activity and the possibility of racing in varying weather conditions, e.g., rain, heat, etc. Reschedules or cancellations made due to a change of mind outside the minimum notice requirements – including weather reasons- will result in payments/deposits being forfeited. Weather deemed unsafe by Management and/or Track Supervisor on the day ie. lightning, hail or torrential rain, may result in the temporary cessation of Go Karting or cancellation of your booking. In this case, guests can reschedule their booking to another date or will be issued with a credit. Credits will be valid for 12 months from the date of issue. Unfortunately, refunds will not be issued. 2. Health and Safety 2.1. Participants are responsible for determining whether they are physically and medically able to participate safely. Participants should not take part if they have a condition, injury, illness, or other circumstance that may make participation unsafe or may be aggravated by karting or simulator activities. Participants should seek appropriate medical advice where necessary. 2.2. Minimum Requirements Participants must meet Ace Motorsport’s published age, height, weight, and safety requirements for the activity they are participating in. Ace Motorsport reserves the right to refuse participation where a participant does not meet the applicable requirements or where participation may create an unsafe environment for themselves, other participants, staff, or equipment. 2.2A. Restricted Medical Conditions and Circumstances Due to the physical demands, vibration, impact risk, sudden changes in direction, and potential for collision associated with karting, certain medical conditions or circumstances may make participation unsuitable or unsafe. The following persons must not participate in karting activities at ACE Motorsport: Persons who are pregnant; Persons with a recent fracture, serious sprain, or other significant musculoskeletal injury; Persons recovering from recent surgery or a significant illness; Persons with a medical condition that may be aggravated by vibration, impact, sudden acceleration, deceleration, or physical strain; Persons with a condition that may affect their ability to safely control a kart or respond to instructions, including conditions affecting consciousness, coordination, awareness, or reaction time. Participants are responsible for informing ACE Motorsport staff of any medical condition, injury, illness, or circumstance that may affect their ability to participate safely. Where there is any uncertainty regarding suitability for participation, participants should obtain appropriate medical advice before taking part. ACE Motorsport reserves the right to refuse or discontinue participation where, in the reasonable opinion of ACE Motorsport staff, participation presents a safety risk to the participant, other participants, staff, or equipment. Where participation is refused because the participant does not meet ACE Motorsport’s safety requirements, any refund, credit, or rescheduling will be subject to the applicable booking terms and applicable New Zealand law. 2.3. Closed-toe shoes must be worn. Crocs, sandals, slides, or open footwear are not permitted for Karting. Long hair must be tied back, and loose clothing or scarves are not permitted. 2.4. All safety equipment, including helmets, neck braces, and seat belts, must be worn as instructed. Personal helmets may be used with Ace Motorsport approval. 2.5. Any incidents, collisions, or injuries must be reported to staff immediately. 2.6. The pitlane is defined as the beginning of the tyre wall at the pit entry till the end of the tyre wall at the end of the pitlane. You agree that when racing at Ace, you must be at a safe speed before entering the Pits. Failure to do so can result in you being removed from your race or even being banned from the tracks. 2.7 ACE Motorsport reserves the right to refuse or remove any participant from an activity where, in the reasonable opinion of ACE staff, the participant is unable to safely control or operate the vehicle, is behaving unsafely, is affected by alcohol, drugs, fatigue or impairment, or fails to follow safety instructions. Where participation is refused or ended due to the participant’s conduct, condition, failure to follow instructions, or inability to meet the required safety standard, no refund will be provided. ACE may, at its discretion, offer a rescheduled session or booking credit where appropriate. 2.8. Emergency Medical Assistance Participants authorise Ace Motorsport staff to take reasonable steps to obtain emergency assistance where an incident, injury, or medical concern occurs during participation. Where reasonably necessary, Ace Motorsport may contact emergency services or provide relevant participant information to medical personnel to assist with treatment. Participants are responsible for ensuring their emergency contact details provided during registration are accurate and current. 2.9. Participants must ensure helmets are correctly fitted and secured, and all restraints or safety equipment must be properly fastened before operating a kart. Helmets and safety equipment must not be removed while the kart is operating or until instructed by ACE Motorsport staff. 2.10. Drivers must operate the kart using the correct pedal controls and must not operate the brake and accelerator simultaneously. 2.11. Drivers must drive within their ability, maintain control of the kart, follow the racing line, avoid unnecessary weaving, and only overtake when it is safe to do so. Intentional contact with another kart, barrier, tyre wall, or track equipment is prohibited. 2.12. If a kart stops or experiences an issue on track, drivers must remain seated, raise a hand above their head, and wait for marshal assistance unless otherwise instructed. 2.13. Kart components, including engines and exhaust areas, may become hot during operation. Participants must avoid contact with hot surfaces. 2.14. Drivers must obey all track signals: Green light/flag – racing permitted. Yellow light/flag – slow down, exercise caution, and no overtaking. Red light/flag – safely return to the pits or stop as directed. 2.15. Participants should not participate if they have any medical condition, injury, impairment, or circumstance that may affect their ability to safely control a kart, including conditions affecting heart, neck, back, head, coordination, or awareness. 2.16. Participants acknowledge that personal injury in New Zealand may be covered by the Accident Compensation Corporation (ACC) scheme, which may limit rights to pursue certain personal injury claims. Participants are responsible for arranging appropriate personal insurance where required. 3. Mechanical Faults and On-Track Incidents 3.1. Mechanical faults are an inherent risk of motorsport. While Ace Motorsport maintains all karts to a professional standard, mechanical issues may occasionally occur. 3.2. If a mechanical fault or significant performance issue occurs during a session, the participant must raise a hand and follow the directions of track marshals. Ace Motorsport will assess the issue and, where reasonably practicable, may provide a replacement kart, additional track time, a re-run, credit, or another appropriate remedy. Any remedy will take account of the nature and impact of the issue and the rights available under applicable consumer law. Refunds or credits will not automatically be provided for mechanical faults. 3.3.Customers are responsible for damage to ACE Motorsport vehicles or equipment caused by their deliberate, reckless, negligent, or unauthorised actions, including failure to follow safety instructions or staff directions. Where ACE reasonably determines that a customer’s actions caused damage, this may include parts, labour, recovery costs, cleaning costs, and administrative costs reasonably incurred in repairing or replacing the damaged property. Customers will not be charged for normal wear and tear, mechanical failure, or damage not caused by their actions. ACE will provide reasonable details of the damage and the costs being claimed before requesting payment. This clause does not limit any rights available under the Consumer Guarantees Act 1993 or other applicable New Zealand law. 3.4. If a yellow flag or red flag is displayed, all drivers must immediately slow down and follow marshal instructions. Failure to comply may result in disqualification or removal from the session. 3.5. ACE staff may issue de-hearts or other sporting penalties, including loss of laps, time penalties, exclusion from results, removal from a session, or disqualification, for rule breaches, contact driving, unsafe conduct, or failure to follow flags or staff directions. Sporting decisions made during an event are final for the purposes of operating that event, except where ACE identifies a material error or is required to reconsider a decision under applicable law. 3.6. Lap times may be adjusted or deleted at the sole discretion of Ace Motorsport staff, including but not limited to incidents involving: Safety flag breaches, Mechanical or timing system issues, Unfair advantage, contact, or shortcutting, or Behaviour inconsistent with fair competition or sportsmanship. 4. Simulator Racing (Ace SIM) 4.1. All SIM racing rigs and software are configured to replicate real-world racing conditions. Misuse of equipment (including aggressive steering, standing on pedals, or spilling food/drink) is strictly prohibited. 4.2. Participants are responsible for treating SIM equipment with care. Any deliberate or negligent damage will result in liability for repair or replacement. 4.3. Race results and lap data are recorded for entertainment purposes only and may not represent official competition times. 4.4. Staff may restart or terminate a SIM session at their discretion if there are technical issues, unsafe conduct, or system malfunctions. 5. Behaviour and Conduct 5.1. All participants must demonstrate respect, sportsmanship, and fair play towards others. 5.2. Aggressive or antisocial behaviour, foul language, or harassment of staff or other customers will not be tolerated. 5.3. Participants must not attempt to damage, remove, or interfere with any property, barriers, or equipment. 5.4.Smoking and vaping are prohibited within Ace Motorsport facilities and are only permitted in areas authorised by Go Media Stadium Mt Smart and Colin Dale Motorsport Park. 5.5. ACE Motorsport is an alcohol-free activity venue. Participants must not bring alcohol into ACE Motorsport facilities or participate while affected by alcohol, illicit drugs, or any substance that may impair safe participation. 6. Bookings, Pricing, and Payments 6.1. Customer cancellations are non-refundable. Where at least 24 hours’ notice is provided, ACE may offer a booking transfer, credit, or rescheduled session, subject to availability and operational requirements. Cancellations made within 24 hours of the scheduled booking time, late arrivals, and no-shows are not eligible for a refund, credit, or rescheduling, except where required by applicable law or approved by ACE in exceptional circumstances. 6.2. All bookings must be fully paid at the time of purchase unless otherwise approved in writing. 6.3. Prices include GST and are displayed in New Zealand dollars (NZD). 6.4. Gift vouchers are valid for the period displayed on the voucher or otherwise notified at the time of purchase. Gift vouchers are not redeemable for cash, except where required by law. ACE may replace a lost or damaged voucher where the voucher can be verified and has not already been redeemed. Promotional vouchers, complimentary vouchers, and booking credits may be subject to separate conditions. 6.5. ACE Motorsport may delay, cancel, or reschedule a session where reasonably necessary due to unsafe weather, track conditions, venue restrictions, equipment failure, safety concerns, or other operational circumstances. Where ACE cancels a booking, ACE will offer a rescheduled session, booking credit, or another remedy appropriate to the circumstances and consistent with applicable consumer law. 6.6.Force Majeure and Events Outside Ace Motorsport’s Control Ace Motorsport is not responsible for delays, cancellations, restrictions, or inability to provide services caused by circumstances outside its reasonable control. This may include, but is not limited to: Severe weather or unsafe track conditions; Venue restrictions or closures; Government restrictions; Power, technology, or system failures; Emergency situations; Equipment failure not caused by Ace Motorsport’s negligence; or Other circumstances affecting safe operation. Where an event outside Ace Motorsport’s reasonable control affects a booking, Ace Motorsport will communicate available options, which may include rescheduling, credit, or another appropriate remedy depending on the circumstances. This policy does not limit any rights available under the Consumer Guarantees Act 1993. 6.7.Late Arrivals and Missed Briefings Participants must arrive at the time advised during booking or confirmation communications to allow sufficient time for registration, safety instructions, and preparation. Participants who arrive late or miss a required safety briefing may be unable to participate in their scheduled session. Where a participant cannot participate due to late arrival, missed briefing, or failure to meet preparation requirements, the booking may be considered used and no refund, credit, or reschedule will be provided unless otherwise approved by Ace Motorsport. 7. Lap Timing and Leaderboards 7.1. Ace Motorsport uses professional timing systems to record lap times and results. 7.2. Participant names, driver identifiers, lap times, and race results may be displayed through ACE leaderboards, timing systems, event results, or approved third-party platforms such as RaceFacer. ACE will handle this information in accordance with its Privacy Policy. Participants may contact ACE to request reasonable changes to the public display of their personal information, subject to operational, sporting, and legal requirements. 7.3. Ace Motorsport reserves the right to correct, remove, or modify timing results at any time, for any reason, including errors, penalties, or system recalibration. 7.4. Timing results are for recreational and entertainment purposes and are not official race records. 8. Venue Operations and Data Collection As Ace Motorsport operates within Go Media Stadium Mt Smart, all visitors and participants must comply with the stadium’s own conditions of entry, privacy policy, and security requirements. This includes (but is not limited to): CCTV monitoring and recording for security and safety purposes; Crowd management and access control measures administered by stadium staff; The right of the stadium to collect or store visitor data in accordance with its policies. By entering Ace Motorsport, you acknowledge and accept that stadium security and venue policies apply in addition to Ace Motorsport’s own terms and conditions. 9. Events and Group Bookings 9.1. Event bookings (corporate, private, or parties) require full payment at least seven (7) days prior to the event date. 9.2. Failure to make payment may result in cancellation without notice. 9.3. Third-party costs (e.g. catering, venue hire) are non-refundable once confirmed. 9.4. Any no-show bookings will be deemed used and non-refundable. 10. Photography and Media 10.1. Photography and recording are permitted for personal use only. Commercial use requires prior written consent. 10.2. ACE Motorsport may photograph or record activities for safety, security, operational, event, and promotional purposes. Where images or recordings are intended for marketing or promotional use, ACE will provide appropriate notice and obtain consent where required. Additional consent requirements may apply to images or recordings of children and young people. 10.3. Participants may contact [info@acemotorsport.co.nz](mailto:info@acemotorsport.co.nz) regarding concerns about the use of their image or requests relating to personal information. Withdrawal of consent will apply to future use where reasonably practicable and will not necessarily affect material already published or distributed. 10.4. If you wish to withdraw consent for marketing use, contact info@acemotorsport.co.nz 11. Liability and Indemnity 11.1. To the fullest extent permitted by law, ACE Motorsport is not liable for loss, damage, injury, or expense arising from the ordinary and inherent risks of participation. Nothing in these Terms excludes, restricts, or limits any liability, guarantee, right, or remedy that cannot legally be excluded, restricted, or limited. 11.2. Participants are responsible for losses or damage caused by their deliberate, reckless, negligent, or unauthorised actions, including breaches of these Terms or safety instructions. Any recovery sought by ACE will be limited to losses reasonably attributable to those actions and recoverable under applicable law. Participants indemnify Ace Motorsport against losses directly caused by their deliberate, reckless, negligent, or unauthorised actions. 11.3. Nothing in these Terms limits your rights under New Zealand consumer protection law where applicable. 12. Website and Data Use 12.1. Bookings and communications made through acemotorsport.co.nz are subject to our Website Terms of Use and Privacy Policy. 12.2. You are responsible for ensuring the accuracy of your booking and contact details. 13. Go Media Stadium Mt Smart Conditions of Entry and Privacy 13.1. Venue Partnership Ace Motorsport operates within the grounds of Go Media Stadium Mt Smart, a venue managed by Auckland Stadiums, a division of Tātaki Auckland Unlimited, a Council Controlled Organisation of Auckland Council. By entering or participating in any Ace Motorsport activity, you acknowledge that you are also entering the Go Media Stadium precinct and agree to comply with all stadium policies, regulations, and security procedures. 13.2. Application of Stadium Policies While engaging with Ace Motorsport, all guests and participants are bound by: The Go Media Stadium Mt Smart Conditions of Entry (as published by Auckland Stadiums), and The Tātaki Auckland Unlimited Privacy Policy (available at www.aucklandunlimited.com/privacy ) These policies cover areas including (but not limited to): Bag and vehicle searches upon entry or exit; Prohibited and permitted items within the stadium precinct; Behavioural and conduct expectations; CCTV monitoring and crowd management; Health and safety requirements, including drug and alcohol policies; The use, storage, and disclosure of personal information collected by Auckland Stadiums and Tātaki Auckland Unlimited. By entering Ace Motorsport, you automatically consent to these policies and acknowledge that stadium staff and security may exercise their authority in accordance with these rules. 13.3. CCTV, Security, and Data Sharing You acknowledge that CCTV, crowd management, and venue monitoring systems are operated by Auckland Stadiums throughout the Mt Smart precinct for the purposes of safety, security, and operational efficiency. Footage or data collected by Auckland Stadiums may be shared with Ace Motorsport or law enforcement authorities in accordance with the Tātaki Auckland Unlimited Privacy Policy and applicable laws. 13.4. Safety, Access, and Event Disruptions At times, stadium events (e.g. concerts, sporting events, or large-scale functions) may restrict public access to Ace Motorsport facilities or require temporary closure of the track or SIM lounge. Ace Motorsport will endeavour to notify customers of such closures in advance; however, access to the premises remains subject to stadium operations and security direction. 13.5. Search and Conduct Requirements As a condition of entry, you agree that stadium security may request to search your bags, clothing, or possessions at any time while on site. Any person refusing a search, found in possession of prohibited items, or engaging in disorderly, unsafe, or illegal behaviour may be denied entry, removed from the premises, or trespassed under stadium policy. 13.6. Prohibited and Restricted Items The following items are not permitted within the stadium precinct unless explicitly approved by Auckland Stadiums: Alcohol, illicit drugs, or drug paraphernalia; Glass bottles, cans, knives, or metal cutlery; Air horns, loud hailers, or large instruments; Furniture, strollers, or oversized personal items; Drones, video cameras, or professional photography equipment; Fireworks, flares, or laser pointers; Umbrellas, scooters, bicycles, or skateboards; Any item deemed by stadium management or security to pose a safety or nuisance risk. Participants must comply with the current Go Media Stadium Mt Smart Conditions of Entry. Prohibited items and venue requirements may change from time to time. For a full and updated list, please refer to the Auckland Stadiums Conditions of Entry page: www.aucklandstadiums.co.nz/conditions-of-entry 13.7. ACE Motorsport does not control wider stadium operations, event scheduling, precinct access, or security decisions made by Auckland Stadiums, Tātaki Auckland Unlimited, or authorised venue personnel. ACE is not responsible for restrictions or decisions outside its reasonable control, except to the extent that ACE has obligations under applicable law. 14. Colin Dale Motorsport Park Conditions of Entry and Venue Operations Venue Partnership ACE Motorsport operates karting activities at Colin Dale Motorsport Park, Wiri, Auckland, under the authority and conditions established by the relevant venue operators and stakeholders. By entering or participating in ACE Motorsport activities at Colin Dale Motorsport Park, all participants and visitors agree to comply with: 14.1. ACE Motorsport Terms and Conditions; Colin Dale Motorsport Park venue requirements; Any safety instructions, signage, and directions issued by ACE Motorsport staff or authorised venue representatives. 14.2. Venue Operations and Shared Facility Requirements ACE Motorsport operates a dedicated karting facility located within the Colin Dale Motorsport Park precinct, Auckland. ACE Motorsport operates its own track, equipment, activities, and customer experience independently from other motorsport organisations operating within the precinct. Participation in ACE Motorsport activities does not provide access to, or use of, any other track, facilities, equipment, or services operated by third parties within the Colin Dale Motorsport Park precinct. 14.3. Participants acknowledge that: Other motorsport activities may be operating within the precinct; Access routes, parking areas, spectator areas, and operational zones may change depending on venue activity; Participants must remain within designated ACE Motorsport areas unless authorised by staff; Venue rules, safety requirements, and operational instructions must be followed at all times. 14.4. Track Access and Restricted Areas Participants, guests, and spectators must not enter restricted areas, including: Active track areas; Pit lanes; Marshalling areas; Kart storage areas; Operational zones; Areas identified by signage or staff instruction. Only authorised personnel may access operational areas. 14.5. Venue Scheduling and Access Restrictions ACE Motorsport operates within a wider motorsport precinct and may be affected by: Motorsport events; Venue bookings; Safety requirements; Weather conditions; Other operational requirements. ACE Motorsport may modify, delay, relocate, or reschedule activities where reasonably required to ensure safe operation. 14.6. Shared Facility Conduct Participants must respect other users of Colin Dale Motorsport Park. The following behaviour is prohibited: Interfering with other motorsport activities; Entering another operator’s equipment or facilities without permission; Unsafe driving outside designated ACE Motorsport activities; Behaviour that may negatively impact other venue users. Parking and Vehicle Movement 14.7. Participants must follow all parking, access, and vehicle movement instructions provided by ACE Motorsport or venue representatives. Vehicles must only be parked in designated areas. ACE Motorsport is not responsible for loss, theft, or damage to vehicles or personal property within the wider venue precinct. 14.8. Venue Authority ACE Motorsport does not control all activities, operations, or decisions made by Colin Dale Motorsport Park management, venue partners, or other motorsport operators. ACE Motorsport is not responsible for delays, restrictions, closures, or changes caused by third-party venue operations, except where ACE Motorsport has obligations under applicable law. 15.Severability If any part of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be modified or removed only to the extent necessary. The remaining provisions will continue to apply. 16. Group Booking Responsibility For corporate events, private functions, parties, or group bookings, the person making the booking is responsible for: Providing accurate participant information; Communicating Ace Motorsport safety requirements to the group; Ensuring payment obligations are met; and Ensuring group members comply with these Terms. 17. Customer Property and Equipment Participants remain responsible for personal property, including phones, cameras, clothing, helmets, and other belongings brought into the venue. Ace Motorsport is not responsible for damage to personal property unless caused by Ace Motorsport’s failure to meet obligations that cannot legally be excluded. Ace Motorsport may rely on instructions and approvals provided by the nominated booking organiser. 18. Lost Property Ace Motorsport is not responsible for lost, stolen, or damaged personal belongings brought onto the premises. Customers are responsible for securing their own personal items while participating. Any lost property found by Ace Motorsport will be retained for a reasonable period where practical before disposal. Participants should secure personal belongings before participating. ACE Motorsport is not responsible for loss or damage to personal items brought into the venue. 19. Track and Restricted Areas Participants and spectators must remain within designated public areas unless authorised by Ace Motorsport staff. Entry into pit lanes, track areas, storage areas, or operational zones is prohibited unless directed by staff. 20. Third-Party Booking Platforms and Service Providers Ace Motorsport may use third-party providers for booking management, payment processing, timing systems, communication services, and customer management. Use of these services may be subject to additional terms and privacy policies provided by those third parties. Ace Motorsport is not responsible for failures, outages, or errors caused by third-party systems outside its reasonable control, but will take reasonable steps to assist customers where issues occur. 21. Changes to Terms and Conditions Ace Motorsport may update these Terms from time to time to reflect changes to operations, services, safety requirements, or legal obligations. Updated Terms will apply from the date they are published and will not retrospectively alter confirmed bookings unless required by law or agreed with the customer. Customers are responsible for reviewing the current Terms before participating. 22. Governing Law 22.1. These Terms are governed by the laws of New Zealand. 22.2. Any disputes arising from these Terms will be subject to the non-exclusive jurisdiction of the New Zealand Courts. 23. Complaints and Customer Concerns Ace Motorsport aims to resolve concerns fairly and efficiently. Customers should raise complaints as soon as reasonably possible after an incident or booking issue by contacting: info@acemotorsport.co.nz Customers should provide relevant details, including: Booking information; Date and time of participation; Description of the issue; Any supporting evidence. Ace Motorsport will review complaints in good faith and respond within a reasonable timeframe. Nothing in this process limits any rights available under New Zealand consumer protection law. Contact Information Ace Motorsport Limited Go Media Stadium Mt Smart, Auckland Email: info@acemotorsport.co.nz Website: www.acemotorsport.co.nz