Quote Form RSR Quote System New Reg Nr: 2003/028023/07VAT Nr: 4380158974Tel Nr: 082 757 3138Fax Nr: 086 627 5602Email: accounts@redstarraceway.co.za Red Star Electrical (Pty) LtdZonderfout Farm I226Portion 5Delmas2210Quote Date YYYY slash MM slash DD Quote DescriptionCompany NameCompany Address Street Address Address Line 2 City State / Province / Region ZIP / Postal Code AfghanistanAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntarcticaAntigua and BarbudaArgentinaArmeniaArubaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBermudaBhutanBoliviaBonaire, Sint Eustatius and SabaBosnia and HerzegovinaBotswanaBouvet IslandBrazilBritish Indian Ocean TerritoryBrunei DarussalamBulgariaBurkina FasoBurundiCabo VerdeCambodiaCameroonCanadaCayman IslandsCentral African RepublicChadChileChinaChristmas IslandCocos IslandsColombiaComorosCongoCongo, Democratic Republic of theCook IslandsCosta RicaCroatiaCubaCuraçaoCyprusCzechiaCôte d'IvoireDenmarkDjiboutiDominicaDominican RepublicEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEswatiniEthiopiaFalkland IslandsFaroe IslandsFijiFinlandFranceFrench GuianaFrench PolynesiaFrench Southern TerritoriesGabonGambiaGeorgiaGermanyGhanaGibraltarGreeceGreenlandGrenadaGuadeloupeGuamGuatemalaGuernseyGuineaGuinea-BissauGuyanaHaitiHeard Island and McDonald IslandsHoly SeeHondurasHong KongHungaryIcelandIndiaIndonesiaIranIraqIrelandIsle of ManIsraelItalyJamaicaJapanJerseyJordanKazakhstanKenyaKiribatiKorea, Democratic People's Republic ofKorea, Republic ofKuwaitKyrgyzstanLao People's Democratic RepublicLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMacaoMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMartiniqueMauritaniaMauritiusMayotteMexicoMicronesiaMoldovaMonacoMongoliaMontenegroMontserratMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNew CaledoniaNew ZealandNicaraguaNigerNigeriaNiueNorfolk IslandNorth MacedoniaNorthern Mariana IslandsNorwayOmanPakistanPalauPalestine, State ofPanamaPapua New GuineaParaguayPeruPhilippinesPitcairnPolandPortugalPuerto RicoQatarRomaniaRussian FederationRwandaRéunionSaint BarthélemySaint Helena, Ascension and Tristan da CunhaSaint Kitts and NevisSaint LuciaSaint MartinSaint Pierre and MiquelonSaint Vincent and the GrenadinesSamoaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbiaSeychellesSierra LeoneSingaporeSint MaartenSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSouth Georgia and the South Sandwich IslandsSouth SudanSpainSri LankaSudanSurinameSvalbard and Jan MayenSwedenSwitzerlandSyria Arab RepublicTaiwanTajikistanTanzania, the United Republic ofThailandTimor-LesteTogoTokelauTongaTrinidad and TobagoTunisiaTurkmenistanTurks and Caicos IslandsTuvaluTürkiyeUS Minor Outlying IslandsUgandaUkraineUnited Arab EmiratesUnited KingdomUnited StatesUruguayUzbekistanVanuatuVenezuelaViet NamVirgin Islands, BritishVirgin Islands, U.S.Wallis and FutunaWestern SaharaYemenZambiaZimbabweÅland Islands Country Company VAT NumberContact Email Address Contact Person First Last Contact PhoneQuote Areas Track Rental Weekends with Medic and Marshalls Track Rental Weekends without Medic and Marshalls Track Rental Public Holidays with Medic and Marshalls Track Rental Public Holidays without Medic and Marshalls Track Rental Week Days with Medics and Marshalls Track Rental Week Days without Medics and Marshalls Big Conference Centre Only Camping Showers Skid Pan Rental Non Halaal Breakfast Non Halaal Lunch Non Halaal Dinner Lodge Week Accommodation Lodge Weekend Accommodation Exec Hut Accommodation Std Hut Accommodation Charged Medics Charged Permits Charged COC Charged Stuart Charged Secretary Charged Race Control Drag Racing Timing Other Big Event Items Spit Braai Coffee Station Emporers Palace Car Experience – Christo Other SA Endurance Items Other 9 Hour Items Please Note:Weekend and Public Holiday Track Rental Track Rental – Weekend Day Full Day (Incl VAT): R72,860.14 Track Rental – Weekend Day Full Day 2024 (Incl VAT): R77,231.75 Track Rental – Weekend 9 Hour Day 2024 (Incl VAT): R86,885.72 Track Rental – Weekend Day Full Day (Incl VAT): R72,860.14 at 10% Discount R65,574.13 2024 Track Rental – Weekend Day Full Day (Excl VAT): R68,425.17 at 10% Discount R61,582.66 2024 Track Rental – Weekend Day Full Day (Incl VAT): R78,688.95 at 10% Discount R70,820.06 Track Rental – Weekend Day Half Day (Incl VAT): R36,430.07 Track Rental – Public Holiday Half Day (Incl VAT): R36,430.07 Track Rental – Public Holiday One Hour (Incl VAT): R9107.52 Track Rental – Weekend Day Full Day (Incl VAT): R72,860.14 at 15% Discount R61,931.19 Qty Weekend TrackTrack and Skid Pan Hire Track and Skid Pan Rental 20 people Thursday afternoon – R25000.00 (Incl VAT) Qty Track Skid PanCar Experience Car Experience on Track and Skid Pan 20 people: R30,000 (Incl VAT) Car Experience Per Person at R2500.00 Qty Car ExperienceLunch 20 people Lunch 20 people: R6,000 (Incl VAT) Qty LunchGoodie bags (RSR Shirt and Cap) 20 people Goodie Bags (RSR Shirt and cap) 20 people: R8,000 (Incl VAT) Qty Goodie bagsWeekday Track Rental Track Rental – Weekday Day Full Day (Excl VAT): R45,254.75 Track Rental – Weekday Day Full Day (Incl VAT): R52,042.96 Track Rental – Weekday Day Full Day 2024 (Incl VAT): R55,165.54 Track Rental – Weekday 9 Hour Day 2024 (Incl VAT): R62,061.22 Track Rental – Weekday Day Half Day (Excl VAT): R22,627.37 Track Rental – Week Day Full Day (Incl VAT): R52,042.96 at 15% Discount R44,236.52 2024 Track Rental – Week Day Full Day (Incl VAT): R56,206.40 at 10% Discount R50,585.75 Track Rental – Weekend Day Hourly Rate (Incl VAT): R6,505.37 Track Rental – Week Day Full Day (Incl VAT): R52,042.96 at 45% Discount R28,623.63 2024 Track Rental – Weekday Day Half Day (Incl VAT): R27,582.77 Qty Weekday TrackSkid Pan Rental Skid Pan Rental – Full Day (Incl VAT): R14,193.53 Skid Pan Rental – Full Day 2024 (Incl VAT): R15,045.14 2024 Skid Pan Rental – Half Day (Incl VAT): R7523.00 Skid Pan Rental – Half Day (Incl VAT): R7096.77 Skid Pan Rental – Half Day at 45% Discount of (Excl VAT): R6,171.10 Skid Pan Rental – Half Day R7,096.77 at 45% Discount of (Incl VAT): R3,903.22 Skid Pan Rental – Full Day at 45% Discount of (Incl VAT): R14,193.53 Skid Pan Rental – One Hour (Incl VAT): R1,774.19 Skid Pan Rental – Full Day (Excl VAT): R12,342.20 at 10% Discount R11,107.98 2024 Skid Pan Rental – Full Day (Excl VAT): R13,329.58 at 10% Discount R11,996.62 2024 Skid Pan Rental – Full Day R15,045.15 at 45% Discount of (Incl VAT): R8,274.83 Qty Skid PanConference Centre Conference Centre – Full Day (Incl VAT): R6,351.63 Conference Centre 2024 – Full Day (Incl VAT): R6732.72 Conference Centre 2024 – Half Day (Incl VAT): R3,366.36 Qty ConferenceAmbulance Ambulance: 1 per day R0.00 Qty AmbuMarshals Marshals: 6 per day R0.00 Qty MarshalsMedic Medics: 1 per day R0.00 Qty MedicCharged Medic Medics per day (Incl VAT) R14500,00 Medics per day (Incl VAT) R17500,00 Qty Chrgd MedMarshalls Marshals and Officials per 8 hour day (Incl VAT) R22,137.50 Extra 15 Marshals per Day (Incl VAT) R5700.00 Qty MarshExtra Officials Race Controller per day (Incl VAT) R2000.00 Qty OffLighting for Track Lighting for Track Services (Incl VAT) R51,750.00 Qty Track LightFire Truck Services 3 Fire Truck Services per Shift (Incl VAT) R6,325.00 Low Bed Per Day (Incl VAT) R4000.00 Qty Fire TruckCleaning Services 24 Hour Cleaning Services (Incl (VAT) R6,900.00 Qty Clean ServSecurity Services 24 Hour Security Services (Incl VAT) R10,350.00 Qty Security ServTrack Cleaning Services After Event Track Cleaning Services (Incl VAT) R11,500.00 Qty Track CleaningPermit Womza Permit (Incl VAT) R4000,00 Qty PermitNon Halaal Breakfast Breakfast Per Person per day (Incl VAT): R80.00 Breakfast Per Person per day 2024 (Incl VAT): R90.00 Qty NonH BreakfastNon Halaal Lunch Lunch per Person per day (Incl VAT): R120.00 Lunch per Person per day 2024 (Incl VAT): R135.00 Lunch per Person per day (Incl VAT): R110.00 Qty NonH LunchNon Halaal Dinner Dinner per Person per day (Incl VAT): R150 Dinner per Person per day 2024 (Incl VAT): R175 Qty NonH DinnerSpit braai Spit Braai per Person per day (Incl VAT): R285 Spit Braai per Person per day (Incl VAT): R300 Qty Spit braaiRSR Lodge Weekend Accommodation Lodge Unit Per Night – Fri to Sat Night (Incl VAT): R1,350.00 Lodge Unit from 26 Oct (Thu) – 29 Oct (Sun)- 4 Night (Incl VAT): R4,500.00 Lodge Unit Per night R1,350 at 20% Discount R1,080.00 (Incl VAT) Part Reservation 1919 R6,750.00 (Incl VAT) Acommodation SSC 2024 Res 1926 R45270 (Incl VAT) Acommodation SSC 2024 Res 2291 (52, 115, 116) R48,790.00 (Incl VAT) Qty Lodge Weekend AccommRSR Lodge Week Accommodation Lodge Unit Per Night – Sun to Thu Night (Incl VAT): R900.00 Lodge Unit from 26 Oct (Thu) – 29 Oct (Sun)- 4 Night (Incl VAT): R4,500.00 Lodge Unit Per night R1,350 at 20% Discount R1,080.00 (Incl VAT) No Entry Qty Lodge Week AccommRSR Exec Hut Accommodation Exec Hut Per Night – (Incl VAT): R715.00 Qty Exec Hut AccommRSR Std Hut Accommodation Std Hut Per Night – (Incl VAT): R550.00 No Entry Qty Std Hut AccommCOC COC (Clerk of the Course) (Incl VAT): R2,500.00 Qty COCStuart Stuart (Incl VAT): R1,000.00 Qty StuartSecretary Secretary (Incl VAT): R2,000.00 Qty SecretaryDrag Timing Drag Race Timing (Incl VAT): R13,800.00 Qty Drag timeRace Control Race Control (Incl VAT): R1,500.00 Qty Race CntrCamping Camping Stand per Night (Incl VAT): R250.00 Qty CampMobile Showers or Toilets Extra Showers 4 days (Incl VAT): R15,863.10 Extra 20 Mobile Toilets 3 days (Incl VAT): R45,540.00 Extra 6 Showers 4 days 2024 (Incl VAT): R34256.20 Qty ShowersCoffee Stand Coffee Stand Per Person Per day (Incl VAT): R70.00 Qty Coffee StandTax R0.00 Total This field is hidden when viewing the formINTERPRETATION——————————————————————– In this agreement, except in a context indicating that some other meaning is intended: 1.1.1 “day” means any day of the week, including Sundays and public holidays; 1.1.2 “Hire Period” means the period for which this hiring of the Premises subsists as set out in Clause 3, in-cluding any period for which it is renewed; 1.1.3 “Premises” means Red Star Raceway, including the racing circuit, pits, ablution facilities, paddock ar-ea,skid pan and conference rooms, as indicated by Red Star and situated at Zonderfout Farm, Portion 5, Delmas 1.1.4 “Red Star Raceway” means the Red Star Raceway as indicated in “Annexure A” annexed hereto illustrat-ing a counter-clockwise configuration, the the Red Star Raceway as indicated in “Annexure B” annexed hereto illustration a clockwise configuration of the racetrack, the areas marked in red in the annexures are no-go areas and may not be accessed or utilized by the Hirer and the areas marked in orange are the suggested media areas and may be accessed by the Hirer or its authorized agents during the Hire Peri-od, these Annexures will be made available upon request, it is the responsibility of the Hirer to ensure that the Hirer is acquainted with these no-go areas; references to notices, statements and other communications by or from Red Star include noticesby or from Red Star’s agent; expressions in the singular also denote the plural, and vice versa; words and phrases denoting natural persons refer also to juristic persons, and vice versa; and Pronouns of any gender include the corresponding pronouns of the other a gender Any provision of this agreement imposing a restraint, prohibition, or restriction on the Hirer shall be so construed that the Hirer is not only bound to comply therewith, but is also obliged to procure that the same restraint, prohibition, or restriction is observed by everybody occupying or entering the Premises or any oth-er part of Red Star’s property through, under, by arrangement with, or at the invitation and/or initiation of, the Hirer including (without limiting the generality of this provision) racing drivers, pit-crew, photogra-phers and/or media personnel, family, guests, agents, representatives and employees of the Hirer. Clause headings appear in this agreement for purposes of reference only and shall not influence the proper inter-pretation of the subject matter. This agreement shall be interpreted and applied in accordance with South African LETTING AND HIRING ——————————————————————– Red Star lets and the Hirer hires the Premises on the terms of this agreement. DURATION ——————————————————————– The Hire Period shall the dates as indicated on the above quotation, for the purpose of conducting a track event RENTAL FEE ——————————————————————– The rental fees payable to Red Star by the Hirer, for the period referred to in clause 3 above is the amount reflect-ing in the above quota-tion. This agreement must be signed and returned by email to Red Star, qc@redstarraceway.co.za (WITHIN TWO DAYS of receipt of the agreement), to secure a booking. Alternatively, if received thereafter the booking shall only be secured once Red Star has acknowledged such booking in writing. All book-ings shall only be considered as confirmed and secure once Red Star has confirmed the same in writing by email or fax and the 50% deposit fees as payable in terms of clause 4.3 have been paid in full. Cancellations ——————————————————————– Should the Hirer for any reason wish to cancel this agreement the following tariffs will apply: Cancellation 2 (two) months before start date of the Hire Period: 50% (fifty percent) of the rental fee; Cancellation 1 (one) month before start date of the Hire Period 100% (one hundred percent) of the rental fee; and Cancellation 14 (fourteen) days prior to start date of the Hire Period: 100% (one hundred percent) of total rental fee plus any costs incurred in procuring the services agreed to. The Hirer will not be able to cancel any booking due to: a situation unrelated to a promoter’s finan-cial or contractual involvement, refusal of authority to hold an event because of the state of political unrest or pet-rol being unobtainable or widespread floods or an earthquake. The Hirer shall within (i) 3 (three) days of sending a signed copy of this agreement to Red Star, or within 3 (three) days of Red Star acknowledges the preliminary booking in writing (by telefax or email) (whichever is the later) pay 50% (fifty percent) of the fees to Red Star. The balance of the fees shall be payable at least one month prior to the start date of the Hire Period. The Hirer shall be required to fully vacate the Premises in a neat and tidy condition (in substantially the same condition as the Hirer took occupation of the Premises) at the end of Hire Period. In the event that the Hirer exceeds the time allotted for the Hire Period, the Hirer shall be required to pay an additional rental fee at double the rate payable for the Hire Period, for each hour or part thereof that the Premises remain fully or partially occu-pied by the Hirer at the discretion of Red Star PAYMENTS ——————————————————————– All payments due by the Hirer to Red Star under this agreement shall be paid into the following account (or such other account as Red Star may in writing indicate): Direct deposit can be made at: Standard Bank Account name: Red Star Electrical Account number: 202468755 Branch: Pretoria Branch code: 05-10-01 Reference: Start Date of Hire Period (DD/MM/YY) & Name Please email proof of payment to: ac-counts@redstarraceway.co.za The Hirer shall not withhold, set-off, defer, or make any deduction from any payment due to Red Star, whether or not Red Star is indebted to the Hirer or in breach of any obligation to the Hirer. The rental fee and all other amounts payable by the Hirer under this agreement shall be inclusive of value- added tax in so far as it is applicable. The Hirer shall pay all outstanding amounts owed to Red Star in full, as per clause 4.3 and shall pay all amounts payable in terms of clause 4.4 in full on demand. INSURANCE ——————————————————————– The Hirer shall not keep or do in or about the Premises anything such as is liable to enhance any of the risks against which the Premises is insured to the extent that the insurance of the Premises is rendered void or avoidable or the premiums of such insurance are, or become liable to be, increased. Without prejudice to any other right of action or remedy which Red Star may have arising out of a breach of the aforegoing provision, Red Star may recover from the Hirer on demand the full amount of any increase in insurance premiums in respect of the Premises attributable to such breach. For the purposes of the above provisions, the Hirer shall be entitled to assume that the Premises is at all material times insured against such risks, on such terms, for such amounts, and at such premiums as are for the time being usual in respect of similar premises in similar locations. It is recorded that the Hirer shall be using the Premises for purpose of driving demonstrations, motor vehicle driv-ing skills development and vehicle storage for the duration of the agreement. Such use shall not be regarded as a breach of clause 6.1. Red Star Raceway shall not be responsible for insuring any of the Hirer’s vehicles brought onto the Premises. The Hirer shall be required to provide their own public liability insurance of not less than FIVE MILLION RAND for the duration of the Hire Period. In addition to the stated public liability insurance, the Hirer shall be required to provide adequate cover for their participants, agents, media and staff. A covering letter from the Hirer’s insurance addressed to Red Star Electrical (PTY) Ltd confirming the insurance cover shall be provided to Red Star by the Hirer and Annexed hereto as “Annexure C”. ASSIGNMENT AND SUBLETTING ——————————————————————– The Hirer shall not be entitled, except with the prior written consent of Red Star: Cede or assign all or any of the rights and obligations of the Hirer under this agreement; or To sublet the Premises in whole or part. MAINTENANCE AND REPAIRS ——————————————————————– The Hirer shall at his own expense and without recourse to Red Star: throughout the Hire Period maintain in good order and condition the Premises and all parts thereof; promptly repair and make good any and all damages occurring in or to the Premises from time to time during the Hire Period, whatever the cause of such damage, and including damage to any part of the Premises which have been broken, lost or destroyed (again regardless of cause); and on the termination of this agreement, howsoever and whenever it terminates return the Premises in substantially the same condition as they were let and in a neat and tidy condition, and all such parts of the Premises to Red Star in good order, condition and repair, fair wear and tear excepted. Red Star shall be responsible for the maintenance of, and for all repairs and replacements becoming necessary from time to time in or to, the Premises and all part thereof other than those which are the responsibility for the time being of the Hirer or of the local authority, and Red Star’s obligations in this respect shall include the mainte-nance and repair of the structure of the Premises. Should the Hirer fail to carry out any of its obligations under this agreement without regard to any maintenance, repair, or replacement, Red Star shall be entitled, without prejudice to any of its other rights or remedies, to affect the required item of maintenance, repair, or replacement and to recover the cost thereof from the Hirer on demand. Red Star shall: Maintain the Premises in good order and repair. Make available a Security Coordinator is available to liaise with the Hirer with regard to the use of the Premises. be responsible for providing one (1) Inter Mediate Life Support (ILS) emergency medical services for the duration of the Hirer’s racing event. The services shall include appropriate equipped medical center and ambulance. Hirer’s Obligations ——————————————————————– The Hirer shall ensure: That all its officials are properly trained in the use of facilities and Premises to be provided. That its competitors, drivers, pit-crew, entrants and officials sign the indemnity form provided by Red Star. That the Hirer will provide medical facilities for his drivers. That all its officials, competitors together with their equipment vacate the Premises before the expiry of the Hire Period. That it conforms to the safety rules and regulations of Motorsport South Africa and all other applicable laws. That its officials and competitors conform to the local rules and regulations imposed by Red Star including but not limited to: Drivers are not permitted to do any burnouts, doughnuts or any severe spinning that could damage paved and tarred surfaced areas. No speeding will be allowed in the pit lane. The speed limit in the pit lane will be 20 km/h. Red Star Raceway will not be liable for any accidents, injury, damages or deaths arising on the Premises during the Hire Period. No Spinning of wheels on track or in the pits or parking area. The white block opposite the start finish line may be utilized for spinning of wheels and “donuts”. If this is not adhered to a fine of R 5000 will be imposed. The racing track forming part of the Premises times are: From 8:30 and the track closes at 16H30. All use of the Premises, including camping and parking are so done at the Hirer’s own risk. That all competitors, organizers, employees, drivers, pit-crew, media, spectators and all persons occupying the Premises during the Hire Period are aware of the financial implications should they be involved in an accident and require medical attention. In this regard should probability be taken and treated at a provincial hospital. 9.10 In the event that Red Star, acting reasonably, issues a directive that a race or event to be delayed in start time, or halted during a race or event, for any reason, that the Hirer shall take all steps necessary to adhere to such directive. Notwithstanding the aforegoing the Hirer shall at all times be solely responsible and liable for overseeing its event, race and/or use of the Premises, and shall ensure that its use of the Premises is conducted in a safe man-ner and that it shall delay, or immediate-ly halt any event or race if required in order to ensure the safety of all persons on the Premises. LIABILITY FOR DAMAGES ——————————————————————– The Hirer acknowledges that it will be liable for any and all damages caused, howsoever arising, to the Premises and/or any property belonging to Red Star, or any injury or death caused to any employee, agent, contractor or invitee of Red Star during the Hire Period or such extended period that the Hirer may be in occupation of the Premises, whether caused by the Hirer, its officials, competitors, drivers, pit-crew, media personnel, entrants, spectators and any other person occupying the Premises during the Hire Period. The provisions of this clause 10 are in addition to any other rights Red Star may have in law. INDEMNITY AND WAIVER ——————————————————————– The Hirer acknowledges that the use of the Premises involve amongst others speeding motor vehicles, flammable substances, and as such there is an inherent danger involved in racing and associated activities, accordingly the Hirer hereby indemnifies and holds harmless Red Star, its directors, shareholders, employees, members and helpers from any and all claims, loss and/or damages arising whether from personal injury, death or damage to any per-son/s, or property of whatsoever nature and howsoever arising, including but not limited to any spectator, compet-itor, pit-crew member, organizer, employee, member or any other person in occupation of the Premises during the Hire Period or any such period of time that the Hirer or any spectator, competitor, pit-crew member, organizer, employee, member or any other person in occupation Premises directly or indirectly at-tributable to the Hirer may be present at the Premises. The Hirer hereby waives any and all claims howsoever arising which may arise against Red Star, its directors, share-holders, employees, members and helpers from the Hirer’s use of the Premises. EXCLUSION OF LESSOR FROM CERTAIN LIABILITY AND INDEMNITY ——————————————————————– The Hirer shall have no claim for damages against Red Star and may not withhold or delay any payment due to Red Star by reason directly or indirectly of: a breach by Red Star of any of its obligations under this agreement; any act or omission of Red Star or any agent or servant of or contractor to Red Star, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, laborer, workman, watchman, guard, or commissionaire; the condition or state of repair at any time of the Premises, it being the Hirer’s sole responsibility to satisfy itself as to the suitability of the Premises for the purposes they are to be used by the Hirer; any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air- conditioning, heating, or any other amenity or service to the Premises, without generality being limited, any clearing service, whatever the cause; any breakdown of, or interruption in the operation of, any machinery, plant, equipment, installation or system sit-uated in or on, or serving, the Premises, again regardless of cause; any other event or circumstance whatever occur-ring, or failing to occur, upon, in, or about the Premises, whether or not Red Star could otherwise have been held liable for such occurrence or failure, and Hirer indemnifies Red Star against all liability to members of the Hire’s representatives, agents, guests and other invites, and all other persons who may occupy of be entitled to occupy the Premises or any part thereof through or under the Hirer, in consequence of any such matter as is referred to in clause 12.1.1 to 12.1.6 above. RED STAR’S RIGHTS OF ENTRY AND CARRYING OUT OF WORKS ——————————————————————– Red Star’s representatives, agents, servants and contractors may at all reasonable times, without thereby giv-ing rise to any claim or right of action on the part of the Hirer or any other occupier of the Premises, shall be enti-tled but not obliged to enter the Premises in order to inspect them, to carry out any necessary repairs, replace-ments, or other works, or to perform any other lawful function in the bona fide interest of Red Star or any of the occupiers of the Premises but Red Star shall ensure that this right is exercised with due regard for and a minimum of interference with the beneficial enjoyment of the Premises by those in occupations thereof. Red Star shall not, however, cause or allow any major building works to be carried out anywhere upon the Premis-es during the Hire Period , unless: such works are necessary and do not merely involve additions to the Premises, the construction of additional buildings, or redecorations of a solely aesthetic nature; or the Hirer has consented otherwise in writing. SPECIAL REMEDY FOR BREACH ——————————————————————– Should the Hirer default in any payment due under this agreement or be in breach of its terms in any other way, and fail to remedy such default or breach within 14 (fourteen) days after receiving a written de-mand that it be remedied, Red Star shall be entitled, without prejudice to any alternative or additional right of action or remedy available to Red Star under the circumstances without further notice, to cancel this agreement with immediate effect, be repossessed of the Premises, and recover from the Hirer damages for the de-fault or breach of the cancellation of this agreement. Clause 14.1 shall not be construed as excluding the ordinary lawful consequences of a breach of this agreement by either party (save any such consequences as are expressly excluded by any of the other provisions of this agree-ment) and in particular any right of cancellation of this agreement on the ground of a material breach going to the root of this agreement. In the event of Red Star having cancelled this agreement justifiably, but the Hirer remaining in occupation of the Premises, with or without disputing the cancellation, and continuing to tender payments of rental fees and any other amounts which would have been payable to Red Star but for the cancellation, Red Star may accept such payment without prejudice to and without affecting the cancellation in all respect as if they had been payments on account of the damages suffered by Red Star by reason of the unlawful holding over on the part of the Hirer. LICENSES AND CONSENTS ——————————————————————– There is no liability on Red Star to do any work or to make any alterations or repairs to the Premises to comply with the requirements of any authority. The Hirer warrants that it shall have in place all necessary licenses, consents and approvals for the use of the Premises for the duration of this agreement and hereby indemnifies Red Star for any claim which may arise against it as a result of the Hirer’s failure to do so. The Hirer consents to being recorded on the Premises and is hereby made aware that Red Star has CCTV recording in place. The Hirer consents to radio transmissions on the Premises being recorded and to audio recordings on the Premises and is hereby made aware that Red Star has audio recording in place on the Premises. WHOLE AGREEMENT ——————————————————————– 18.1 This Agreement shall constitute the entire contract between Red Star and the Hirer. Red Star shall not be bound by any other preceding agreement, negotiations, terms or conditions, promises or statements, warranties or representations, express or implied made by Red Star or any of its agents or any of its employees, or any other per-son purporting to act for or on behalf of Red Star. No variation, amendment or consensual cancellation of this agreement or this clause shall be of any force or effect unless reduced to writing and signed by the parties hereto by hand. For the avoidance of doubt the parties expressly agree that no variation, amendment, or consensual can-cellation shall arise pursuant to an exchange of “data” by means of an “electronic signature”, or an “advanced elec-tronic signature” (as envisaged in the Electronic Communications and Transactions Act 25 of 2002, as amended “ECTA”), or otherwise by means of electronic and/or written signed correspondence. Further the Parties agree, to the extent allowed in law, that sec-tion 13 of ECTA shall not apply to this agreement. For the purposes of this agreement, the parties agree that the fact that their name or the name of the entity that they represent ap-pears at or near the end of any email, electronic correspondence or other written correspondence shall not in any way be deemed or considered to be their signature or electronic signature. 18.2 Neither party relies in entering into this agreement upon any warranties, representations, disclosures, or ex-pressions of opinion which have not been incorporated into this agreement as warranties or undertakings. 18.3. No variation or consensual cancellation of this agreement shall be of any force or effect unless reduced to writing and signed by both parties. NON-WAIVER ——————————————————————– Neither party shall be regarded as having waived, or be precluded in any way from exercising, any right under or arising from this agreement by reason of such party having at any time granted any extension of time for, or having shown any indulgence to the other party with reference to, any payment or perfor-mance hereunder, or having failed to enforce, or delayed in the enforcement of, any right of action against the other party. The failure of either party to comply with any non-material provision of this agreement shall not excuse the other party from performing the latter’s obligations hereunder fully and timeously. WARRANTY OF AUTHORITY ——————————————————————– If any of the parties to this agreement is a company or close corporation or trust or other juristic person or entity, the person who signs the agreement in the name of such company or close corporation or trust or other juristic person or entity warrants that the company or close corporation or trust or other juristic per-son or entity is registered in terms of the applicable legislation, such person is duly authorised to enter into this agreement, and the signatory binds himself as surety and co-principal debtor with such company or close corpora-tion or trust or other juristic person or entity in favour of Red Star for all of the obligations of such company or close corporation or trust or juristic person or other entity in terms of this agreement. Such signatory shall be per-sonally liable as the Hirer in terms of this agreement if such company or close corporation or trust or juristic person or other entity or person, legally does not exist, or if any person, executor or other person required to approve and sign this agreement does not exist and/or fails to sign and/or approve this agreement, or if, for whatever reason the Hirer is not bound to this agreement as a result of non-compliance with any formalities as pre-scribed in its deed of trust or memorandum of incorporation or founding statements or constitution or by any ap-plicable document, governing law or otherwise. In the event of there being more than one Hirer any obligations of the Hirer shall be joint and several. TERMINATION BY INSOLVENCY ——————————————————————– In the event of the insolvency of the Hirer Red Star shall be entitled but not obliged to terminate the agreement. SEVERABILITY ——————————————————————– Any provision in this agreement which is or may become illegal, invalid or unenforceable in any jurisdiction affect-ed by this agreement shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceabil-ity and shall be treated pro non scripto and severed from the balance of this agreement, without invalidating the remaining provisions of this agreement or affecting the validity or enforceability of such provision in any other jurisdiction, unless such provision is of the essence of this agreement. SIGNATURE IN COUNTERPARTS ——————————————————————– This agreement may be signed in separate counterparts, each of which shall be deemed to be an original and all of which, taken together, shall constitute one and the same instrument. A counterpart of this agreement in telefax or electronic form shall be conclusive evidence of the original signature and shall be effective in law as the counter-parts in original form showing the original signatures CUSTOMER REPRESENTATIVE NAME AND SIGNATURE DATE SIGNED ……………………………………………………….. ……………………………………….. RED STAR RACEWAY REPRESENTATIVE NAME AND SIGNATURE DATE SIGNED ……………………………………………………….. ……………………………………….. Δ