Terms & Conditions
Acceptance of Terms and Conditions
By entering to win prizes, registering for our newsletter, purchasing an experience for you or as a gift, booking, scheduling, redeeming, and/or participating in an experience purchased from Try Racing Cars, LLC or Try Racing Cars gift certificate or by accessing, browsing, using and/or purchasing an experience from www.TryRacingCars.com (the "Website") you agree to be subject to the following terms and conditions ("Terms and Conditions") as well as all other applicable laws.
Purchasing and Redeeming
Follow the instructions for purchasing and redeeming a Try Racing Cars, LLC experience or Try Racing Cars, LLC gift certificates at www.TryRacingCars.com. You must be 18 years or older to purchase race experiences. If purchasing for a minor, you must be the child's parent or legal guardian. When redeeming Try Racing Cars, LLC experiences, minors must present a written parental consent form and the parent or legal guardian must be present at the scheduled date and time of the race experience. No refunds will be allowed for failure to present written parental consent or parent/legal guardians not being present at the scheduled time for the race experience. No refunds will be allowed for failure of a parent or legal guardian to present on the race experience day.
Refund Policy
THERE ARE NO REFUNDS PROVIDED FOR ANY REASON. Once purchased, a race experience may be scheduled, rescheduled or transferred in accordance with Try Racing Cars, LLC terms and conditions. If a race experience is scheduled and Try Racing Cars, LLC or its Service Provider, or race promoter/race track cancels for any reason, the race experience will be rescheduled for a future date. If a race experience has been scheduled, rescheduling of events and transferring already-purchased rides and drives is permitted with 72 hour notice prior to the date of your scheduled event. Please note that if you are scheduled to attend an event on a specific date and time slot and you do not show-up at your designated date and time slot, you will be considered a "no-show" and as having received your race experience. Try Racing Cars, LLC reserves the right to NOT provide you an opportunity to reschedule. No refunds will be allowed for partially received race experiences and/or customer decisions to not complete their race experience or any other reason. Refunds will not be provided for delays that occur on race days regardless of the reason. THERE ARE NO REFUNDS PROVIDED FOR ANY REASON. For questions regarding our NO REFUND POLICY, please send a letter to Try Racing Cars, LLC at the below address:
Try Racing Cars, LLC
P.O. Box 2352
Centreville, VA 20122
Availability
All Try Racing Cars, LLC experiences are subject to availability and shall be booked in advance at www.TryRacingCars.com. Try Racing Cars, LLC makes no claim or guarantee as to the availability of any specific experience. Additionally, Try Racing Cars, LLC does not guarantee specific dates and/or time slots on scheduled experience days. Race drives and/or race rides may be delayed, cancelled and/or rescheduled on or before scheduled race days for any reason.
Weather
You must show-up at the track on the day of your scheduled race experience, regardless of any weather reports. You must register in person no matter what the weather looks like at your present location. Please show up or you will be considered a "no-show" cancellation and forfeit your race experience. We will make every effort to provide you the race experience on your scheduled day, however, bad weather may cause us to cancel scheduled events. In the case where we cancel your event for a scheduled day, you will provided a rain-check good for one year from the original scheduled event date. NO REFUNDS WILL BE PROVIDED.
Withdrawal of an Experience or Location
In the event that Try Racing Cars, LLC permanently cancels or otherwise terminates or withdraws a Try Racing Cars, LLC experience or experience Location, you shall be entitled to exchange for another Try Racing Cars, LLC experience or Try Racing Cars, LLC gift certificate of equal or similar value. You shall not be entitled to a refund or exchange in the event you fail to participate in a booked Try Racing Cars, LLC experience unless you have cancelled and rebooked under the rules set forth in these Terms and Conditions.
Provider Cancellations
Providers may cancel booked Try Racing Cars, LLC experiences without notice in the event of mechanical or equipment problems, malfunctions or unavailability, illness or any other reason. In such event, you shall be entitled to re-book or exchange such Try Racing Cars, LLC experience in accordance with these Terms and Conditions. Try Racing Cars, LLC shall not be responsible for any losses, damages, expenses and/or liabilities you incur in connection with a cancelled Try Racing Cars, LLC experience.
Gift Certificates
Try Racing Cars, LLC Gift Certificates can be redeemed for experiences only through Try Racing Cars, LLC, and cannot be redeemed or exchanged for services with any other merchant, entity or experience supplier. Try Racing Cars, LLC Gift Certificates cannot be redeemed or exchanged for cash. Try Racing Cars, LLC Gift Certificates do not store any value electronically and value cannot be electronically added or subtracted to Try Racing Cars, LLC Gift Certificates.
Choice of Law and Forum Selection
All Try Racing Cars, LLC experiences or Try Racing Cars, LLC Gift Certificates Gift Certificates are considered purchased in the state of
Virginia and are subject to
Virginia law without regard to principles of conflict of laws.
By visiting, accessing, using or browsing www.TryRacingCars.com you agree that the laws of the state of
Virginia, without regard to principles of conflict of laws, shall govern the conditions of use and such use will be construed in accordance with the laws of
Virginia, including all matters of construction, validity and performance. By visiting, accessing, using and/or browsing the Website, you agree that any action or proceeding commenced under or with respect to or arising out of your access, use or browsing of this Website shall be brought within one (1) year thereafter and only in the county or district courts of Fairfax County, Virginia, and the purchaser, recipient, redeemer, and/or participant hereby irrevocably consent to the exclusive jurisdiction of such courts and waive any right to alter or change venue, including by removal. In the event you or Try Racing Cars, LLC institute any legal action to enforce or construe any of these Terms and Conditions (including in any arbitration or mediation), the non-prevailing party shall pay to the prevailing party the reasonable costs and expenses (including legal fees) incurred by such prevailing party in connection therewith.
Expiration Dates
Try Racing Cars, LLC gift certificates do not expire provided that the race experience is scheduled within one (1) year from the date purchased. You must schedule your experience prior to the one (1) year anniverary of the purchase date. The purchase date can be found on the Try Racing Cars Gift Certificate. Once scheduled, a gift certificate may be rescheduled to a later date, even if that date exceeds the one (1) year anniversary date of the purchase date. All gift certificates not scheduled prior to the one (1) year anniverary will be considered as services rendered and gift certificate used. At the sole discretion of Try Racing Cars, LLC, a gift certificate not scheduled prior to the one (1) year anniversary of the purchase date may be reinstated, subject to a $100 administrative fee. All gift certificates are considered purchased in the state of
Virginia and are subject to
Virginia law.
Lost or Stolen Certificates
Try Racing Cars, LLC shall not be responsible for the loss of, theft of, or damage to any Try Racing Cars, LLC gift certificate. Try Racing Cars, LLC shall not be responsible for the loss of any Try Racing Cars, LLC experience or Try Racing Cars, LLC gift certificate as a result of identity theft or fraud.
Assignability
You may assign any Try Racing Cars, LLC experience or Try Racing Cars, LLC gift certificate to any third party prior to the booked date of such experience. The new experience or gift certificate holder must provide relevant information to both Try Racing Cars, LLC and the experience Provider. Additionally, any such assignee shall be subject to and legally bound by these Terms and Conditions as well as the Terms and Conditions and participant requirements of the relevant experience Provider.
Gift certificates purchased as gifts for third parties shall become the property of that third party.
Accuracy of Experiences
Try Racing Cars, LLC reserves the right to delete, add to or otherwise change the description, terms and conditions and the prices for any Try Racing Cars, LLC experience without prior notice. Try Racing Cars, LLC shall use commercially reasonable efforts to update the Website to reflect any deletions, additions or other changes to the description or price for any Try Racing Cars, LLC experience. Try Racing Cars, LLC does not guarantee the accuracy of the description of the relevant Try Racing Cars, LLC experience(s), including without limitation, the exact location, estimated duration, waiting times, instruction requirements, minimum and maximum number of other participants and any other limitations, restrictions or requirements related to the relevant Try Racing Cars, LLC experience, such as age, height, physical condition, weather or other limitations, restrictions or requirements. Pictures and descriptions of Try Racing Cars, LLC experiences are included at www.TryRacingCars.com strictly for illustrative purposes and might not accurately reflect the actual experience.
Accuracy of Website
Try Racing Cars, LLC makes reasonable efforts to ensure the accuracy and completeness of the material and information contained at www.TryRacingCars.com; however, the Website still may contain technical inaccuracies or typographical errors. Try Racing Cars, LLC makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the material or content contained in the Website. Try Racing Cars, LLC provides such content and material, including the text, graphics and links, to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR FREEDOM FROM COMPUTER VIRUSES.
NO LIABILITY FOR PROVIDERS of Try Racing Cars, LLC Experiences
Try Racing Cars, LLC does NOT provide race experiences. All service providers of Try Racing Cars, LLC experiences (the "Providers") are independent and unaffiliated to Try Racing Cars, LLC. The Try Racing Cars, LLC service Provider for race experiences at the Old Dominion Speedway, Orange County Speedway and Langley Speedway is Stock Car Driving Experience, presenting it's services as "Try It Racing". Try Racing Cars, LLC is NOT RESPONSIBLE for any matters related to the Providers, including without limitation, the actions or omissions of any Providers. Try Racing Cars, LLC makes no warranties or representations OF ANY KIND, EITHER EXPRESS OR IMPLIED, regarding any Try Racing Cars, LLC experiences or the Providers thereof, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ALL TRY RACING CARS, LLC EXPERIENCES ARE SUBJECT TO THE TERMS AND CONDITIONS OF THE RELEVANT PROVIDER AND YOU SHALL LOOK SOLELY TO THE RELEVANT PROVIDER FOR ANY MATTERS OR COMPLAINTS RELATED TO THE TRY RACING CARS, LLC EXPERIENCE. Any and all products and/or services purchased by you directly from a Provider is not bound to the terms and conditions of the Try Racing Cars, LLC Experience. This includes any insurance purchased through the Provider. This is considered a separate relationship between the Participant and the Provider. Any and all arrangements, scheduling, rescheduling, promos, credits, give-aways or the like from a service Provider is not bound by the terms and conditions of the Try Racing Cars, LLC Experience. This is considered a separate relationship between the Participant and the Provider.
Try Racing Cars, LLC SHALL NOT be liable for punitive, special, consequential, incidental or indirect damages of any kind or nature, including without limitation, lost profits, regardless of whether such liability is asserted on the basis of contract, tort, strict liability or otherwise, which relate to or are otherwise connected to any Try Racing Cars, LLC experience or the actions or omissions of any Provider in connection with the same even if Try Racing Cars, LLC has been advised of the possibility of such damages.
By purchasing and/or redeeming a Try Racing Cars, LLC experience or Try Racing Cars, LLC gift certificate, you hereby RELEASE AND FOREVER DISCHARGE and promise not to sue or assert against TRY RACING CARS, LLC AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES AND AGENTS, EMPLOYEES FROM ANY AND ALL CLAIMS, causes of action, damages, losses, liabilities, EXPENSES AND COSTS whatsoever THAT YOU OR YOUR HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS OR OTHER PERSONAL OR LEGAL REPRESENTATIVES MAY HAVE, including WITHOUT LIMITATION, all claims at law or in equity of every nature and kind, known and unknown, suspected or unsuspected, presently existing or which may arise in the future caused by, arising from, related to or otherwise attributable to THE ACTIONS OR OMISSIONS ON THE PART OF ANY PROVIDER OR OTHERWISE ARISING IN CONNECTION WITH YOUR PURCHASE, REDEMPTION, BOOKING, CANCELLATION, EXCHANGE AND/OR PARTICIPATION IN A TRY RACING CARS, LLC EXPERIENCE.
SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THUS, SOME OF THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS MAY NOT APPLY TO YOU.
By purchasing and/or redeeming a Try Racing Cars, LLC experience and/or Try Racing Cars, LLC gift certificate, YOU ACKNOWLEDGE THAT you may be required to execute a separate waiver and release of liability in form and substance satisfactory to the provider before being permitted to participate in the race experience. The Provider may require that YOU REPAIR and/or REPLACE in full, the value of all damage done to race cars and/or equipment as a result of any accident, wreck or mishap during your race experience. This includes race car body, frame, engine, transmission and all other parts of the race car. By purchasing and/or redeeming a Try Racing Cars, LLC experience and/or Try Racing Cars, LLC gift certificate, you acknowledge that you understand that race cars, race tracks, race events, drive experiences and race experiences are dangerous.
PROVIDERS MAY OR MAY NOT BE COVERED BY LIABILITY AND/OR PROPERTY DAMAGE INSURANCE AND EVEN WHEN A PROVIDER MAY HAVE OBTAINED SUCH INSURANCE, YOUR PARTICIPATION IN THE PROVIDER'S EXPERIENCE MAY NOT BE COVERED BY SUCH INSURANCE. RACE CARS AND RACE TRACKS ARE EXTREMELY DANGEROUS. PARTICIPANT ENTERS RACE CARS AT OWN RISK. PARTICIPANTS AND THEIR VISITORS ENTER RACE TRACKS AT OWN RISK.
If you are a minor, you must obtain the permission of your parents or legal guardians in order to access, use or browse www.TryRacingCars.com.
By accessing, using or browsing the Website, you agree not to use any device, software or other tool or process to interfere or attempt to interfere with the operation of the Website and not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the www.TryRacingCars.com website. In addition, you agree not to use any robot, spider or other software, device, tool or process to monitor or copy the pages or the material or content of this Website without the prior written consent of Try Racing Cars, LLC. Try Racing Cars, LLC typically grants such consent to operators of standard Internet search engines that employ customary technology to direct Internet users to this Website from their search engine websites.
By accessing, using or browsing www.TryRacingCars.com, you agree that the information you provide to Try Racing Cars, LLC via the Website will not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate data or information.
By accessing, using or browsing the Website, you agree that Try Racing Cars, LLC may unilaterally terminate your rights of access to this Website without prior notice in the event that Try Racing Cars, LLC determines, in its sole discretion, that (a) you have violated these Terms and Conditions or have otherwise abused, misused or otherwise sought to damage the Website, Try Racing Cars, LLC or its other customers; (b) Try Racing Cars, LLC receives a bona fide request from law enforcement officials or officials from other government agencies; (c) Try Racing Cars, LLC experiences unexpected technical or security issues or problems; and (d) you have not visited the Website for an extended period of time. Such termination may entail the deletion of your password and account designation and all related information associated the same; and a permanent or indefinite suspension of your rights to access, use or browse this Website.
Disclaimer of Liability
You are accessing, using or browsing www.TryRacingCars.com at your own risk. Try Racing Cars, LLC AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES AND AGENTS AND EMPLOYEES assume no liability or responsibility for any viruses that may infect your computer equipment or other property as a result of you accessing, using or browsing this Website or downloading any materials or content contained in this Website. In addition, TRY RACING CARS, LLC AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES AND AGENTS AND EMPLOYEES assume no liability or responsibility for any interruptions, defects, delays in operation or transmission or any access line or system failure. Neither TRY RACING CARS, LLC AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES AND AGENTS AND EMPLOYEES nor any third party involved in the creation, development, production or hosting of this Website will be liable to you for direct, punitive, special, consequential, incidental, or indirect damages of any kind or nature whether such liability is asserted on the basis of contract, tort or otherwise, even if Try Racing Cars, LLC has been advised of the possibility of such damages.
Costs and Expenses of any Subsequent Legal Action
In the event you or Try Racing Cars, LLC institute any legal action to enforce or construe any of these Terms and Conditions (including in any arbitration or mediation), the non-prevailing party shall pay to the prevailing party the reasonable costs and expenses (including legal fees) incurred by such prevailing party in connection therewith.
Miscellaneous
RACE CARS ARE DANGEROUS. RACE TRACKS ARE DANGEROUS. ALWAYS USE EXTREME CAUTION!
Try Racing Cars, LLC and/or its race experience Providers are not responsible for providing any non-standard, irregular sized and/or special equipment such as helmets, suits, seats, etc.
There shall be no third party beneficiaries of these Terms and Conditions or of your use of this Website; provided, however, that recipient's of Try Racing Cars, LLC experience gift certificates shall become subject to these Terms and Conditions upon the redemption of such Try Racing Cars, LLC experience gift certificates.
You shall indemnify, defend and hold harmless Try Racing Cars, LLC and its subsidiaries, parents and affiliates and their respective members, managers, officers, authorized representatives and agents and employees from and against all losses, expenses, liability, damages and costs, including legal fees and costs, resulting from your violation of these Terms and Conditions and/or your access, use or browsing of this Website.
In the event that any of these Terms and Conditions is found to be illegal or unenforceable, such terms shall be null and void and shall be deemed deleted from these Terms and Conditions, and all the remaining Terms and Conditions shall remain in full force and effect.
Try Racing Cars, LLC may amend these Terms and Conditions at any time by posting such amended Terms and Conditions on www.TryRacingCars.com. Such amended Terms and Conditions will be effective as of the date it is posted to the Website.
You represent and warrant that you have the legal right, power and authority to agree to these Terms and Conditions. You further agree that your access, use or browsing of this Website constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have validly entered into and accepted the terms of and otherwise authenticated your agreement with these Terms and Conditions and acknowledged and agreed that such agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding against you and is irrevocable and irrefutable by you.
Privacy
Try Racing Cars, LLC respects your privacy. Try Racing Cars, LLC intends to use and retain the personal information about yourself that you provide to Try Racing Cars, LLC on www.TryRacingCars.com only to process your purchases and/or redemptions of Try Racing Cars, LLC experiences and Try Racing Cars, LLC experience gift certificates and to send you other information about Try Racing Cars, LLC and will not be used for any other purpose, unless Try Racing Cars, LLC explicitly states otherwise at the time such personal information is obtained. By accepting the terms and conditions, you are acknowlege and approve Try Racing Cars, LLC to send to you monthly and/or periodic emails with advertisements, offers, specials and other information. Try Racing Cars, LLC will not sell or knowingly disclose your personal information to any third party; provided, however, Try Racing Cars, LLC may compile or derive statistical information from your personal information to be aggregated with the statistical information compiled or derived from other visitors to the Website. However, such statistical information cannot be traced to you. Try Racing Cars, LLC uses aggregated statistical information to better serve our guests and visitors to this Website and improve the manner in which the business of Try Racing Cars, LLC is conducted.
However, in connection with the regulatory requirements applicable to Try Racing Cars, LLC, Try Racing Cars, LLC cannot promise that all of your personal information will never be disclosed. For example, Try Racing Cars, LLC may be compelled or determine it is necessary or appropriate to disclose your personal information to the government or third parties in connection with law enforcement actions and legal disputes involving fraud, misappropriation of intellectual property, infringement of intellectual property rights or other conduct that may expose us to liability. In addition, although Try Racing Cars, LLC has adopted industry standard practices to safeguard your personal information, there is no such thing as perfect security regarding information transmitted by way of the Internet. Unauthorized third parties may unlawfully intercept or access transmissions containing your personal information. Therefore, Try Racing Cars, LLC does not promise, and you should not expect, that your personal information will always remain private.
You will select a password and account designation upon completing the registration process for purchasing and/or redeeming Try Racing Cars, LLC experiences or Try Racing Cars, LLC experience gift certificates. You shall be solely responsible for maintaining the confidentiality of the password and account designation, and you shall be responsible for all activities occurring on the Website pursuant to your password or account designation. You shall immediately notify Try Racing Cars, LLC of any unauthorized use of your password or account designation or any other breach of security affecting this Website.
You acknowledge and agree that Try Racing Cars, LLC is not responsible for and has no control over third parties that may be accessed or linked from the Website and you are encouraged to refer to the statements and policies adopted by such third parties related to the use and retention of personal information.
The Website may use "cookies" on certain pages to optimize your experience. These "cookies" reside on the hard drive of your computer. These "cookies" transmit no information about you or your computer to us. You may be able to alter your internet browser to reject "cookies", although doing so may affect your ability to consummate certain transactions on this Website.
Copyright Terms and Conditions
The copyright to all materials and content contained in www.TryRacingCars.com is owned or licensed by Try Racing Cars, LLC unless otherwise set forth and may not be used by you except as set forth in these Terms and Conditions. You may only download material and content contained in the Website for non-commercial, personal use provided you do not remove or alter the copyright notices set forth therein. You may not use, alter, modify, distribute, transmit or re-post the material and content contained in this Website for public or commercial purposes without the prior written consent of Try Racing Cars, LLC.
Trademark Terms and Conditions
Try Racing Cars, LLC, the "Try Racing Cars” logo and Try Racing Cars, LLC's other trademarks and service marks and other logos and product and service names are trademarks of Try Racing Cars, LLC. You may not copy, use or display in any manner such trademarks and service marks without the prior written consent of Try Racing Cars, LLC.