Sodexo Limited Trading as Ascot Hospitality: Business Terms and Conditions of Booking Services for an Event
The following terms and conditions apply to and form part of the Contract entered into between Sodexo and a Customer making a booking for Services to be provided at an Event.
1 Definitions
1.1 In these Conditions, unless the context otherwise requires:
(a) industrial action, strikes, lockouts, blockades, riots, acts of war, acts of terrorism, piracy, destruction of essential equipment by fire, explosion, storm, flood, earthquake;
(b) failures of, shortages in or a loss of access to equipment, power, supplies, fuel or transport facilities;
(c) failure of a third party to provide required consent, exemption or clearance unless caused by the act or omission of either party;
(d) cancellation of the Event by a third party unless caused by the act or omission of either party;
(e) failure of a third party to permit reasonable advance access to the Premises or to provide proper and reasonable food preparation amenities unless caused by the act or omission of either party; or
(f) failure of a third party to permit access to the Premises unless caused by the act or omission of either party.
1.2 The headings in these Conditions are inserted only for convenience and shall not affect their construction.
1.3 Where appropriate, words importing the male, female or neuter genders shall include the other genders and words denoting a singular number only shall include the plural and vice versa.
1.4 Any reference to a Condition shall be construed as a reference to one of these Conditions.
1.5 If there is any inconsistency between the Conditions and the Booking Form, priority shall be given first to the Conditions, then to the Booking Form
1.6 In these Conditions the words "other", "includes", "including" and "in particular" do not limit the generality of any preceding words and any words which follow them shall not be construed as being limited in scope to the same class as the preceding words where a wider construction is possible.
2 General
2.1 These Conditions shall apply to the Contract to the exclusion of any other terms and conditions contained or referred to in any quotation, letter or other communication between Sodexo and the Customer and the provisions of these Conditions shall prevail unless expressly varied in writing and signed by a director on Sodexo’s behalf.
2.2 No variation to the Booking Form shall be binding unless expressly agreed to in writing by Sodexo and signed on its behalf.
2.3 The rights provided in these Conditions are cumulative and shall not be deemed exclusive of any other rights to which either party may be entitled under the Contract or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction or otherwise.
2.4 Where the Contract only relates to the provision of food and beverages as part of a hospitality package at an Event, these Conditions shall apply only in so far as they are relevant to that situation.
3 Formation of Contract
3.1 The Contract is formed when Sodexo receives the signed Booking Form and Deposit. No Booking shall be binding on Sodexo until Sodexo issues a confirmation of acceptance. Signature by Sodexo of the Booking Form shall be confirmation of acceptance.
4 Appointment of Sodexo
4.1 The Customer appoints Sodexo as the Customer's exclusive provider of the Services at the Event. Accordingly, the Customer agrees that it shall not provide the Services itself, nor shall it appoint or allow anyone other than Sodexo to provide the Services at the Event.
4.2 The Customer shall not hinder or delay or otherwise prevent Sodexo's performance of the Services and the Customer shall provide Sodexo with all reasonable assistance and cooperation for Sodexo to perform its obligations under the Contract.
4.3 The Customer shall promptly: (a) provide to Sodexo all information which Sodexo may reasonably require to enable it to perform the Services. (b) if the Customer becomes aware that it has supplied incorrect or insufficient information to Sodexo, the Customer shall provide Sodexo forthwith with corrected and/or additional information.
5 Sodexo's Obligations
Sodexo shall perform the Services:
(a) with all reasonable care and skill;
(b) in accordance with good industry practice; and
(c) in accordance with all legislation, statutes, regulations and other enactments having the force of law from time to time which are applicable to the provision of the Services.
6 Customer’s Obligations
6.1 The Customer shall:
(a) pay the Charges promptly as such sums become due to be paid;
(b) obey all reasonable instructions given by Sodexo staff at the Event and procure that Guests and/or the Act obey all reasonable instructions given by Sodexo staff at the Event;
(c) pay the cost of clearing up unreasonable debris (including but not limited to party string or vomit) resulting from acts of the Customer, Guests, and/or the Act;
(d) not, and shall procure that Guests and the Act, damage or deface the Premises in any manner whatsoever nor allow or permit a breach of the law or in any way cause a nuisance or be an infringement of any licence for music and dancing or the sale of alcohol. Failure to comply with this Condition shall constitute a breach of these Conditions and entitle Sodexo to require the offending Guest(s), employee(s) of the Customer or persons employed in the Act to leave the Event;
(e) not permit Guests to consume any food or drink within the Premises except for that supplied as part of the Services, unless otherwise agreed with Sodexo;
(f) not introduce or attempt to introduce nor permit the introduction of any signage or other publicity material into the Event or onto the Premises without Sodexo's prior written consent;
(g) obtain Sodexo's prior written consent before hiring any Act for the Event;
(h) ensure that the Act has public liability insurance (and is able to provide evidence that it holds public liability insurance) to the value of at least £2 million to cover any death of or injury to any person or the loss of or damage to any property resulting from the malfunction of the Act's equipment and from their actions generally; and
(i) ensure that the Act has portable appliance testing undertaken on all of the equipment which it uses at the Premises and is able to provide evidence that such testing has been undertaken.
6.2 Any materials, goods, supplies or other items delivered, held or stored on the Premises on the Customers behalf shall be at the Customers sole risk and Sodexo shall not be liable for any loss or damage howsoever caused to such items.
7 Charges and payment
7.1 If the number of Guests that attend the Event is less than the number of Guests specified in the Booking Form then Sodexo will charge either the actual number of Guests attending or the number of Guests on the Booking Form, whichever is the greater.
7.2 If the number of Guests that attend the Event is greater than the number of Guests specified on the Booking Form then Sodexo will charge for the actual number of Guests. Sodexo's prior written approval is required for any number of Guests which is more than the Guests specified on the Booking Form as there may restrictions on the number of Guests that can be accommodated.
7.3 The Charges for the Event will be due and payable in cleared funds (without right of set-off, counterclaim or other deduction) as set out below:
(a) At the time of making the Booking: 25% of the Charges (Deposit); and
(b) 90 days prior to the date of the Event: the remainder of the Charges (namely 75% of the Charges).
7.4 The time of payment shall be of the essence in the Contract. If the Customer fails to make a payment of the Charges in accordance with these payment due dates then Sodexo may cancel the Booking and this shall be construed as a Cancellation by the Customer and the provisions of clause 9.3 shall apply.
7.5 If the Booking is made less than 90 days before the date of the Event then all Charges shall be due and payable at the time the Booking is made.
7.6 If the number of Guests is greater than the number in the Booking Form then Sodexo will charge for such additional Guests at the rate agreed in the Booking Form per Guest (Additional Charges) and if a payment card has been used then the Customer authorises Sodexo to charge this amount to the payment card used for the Booking.
7.7 Without prejudice to any other rights and remedies that Sodexo may have, if Sodexo does not cancel the Booking in the circumstances set out in Condition 7.4, Sodexo shall be entitled to charge daily interest at the rate of 3% above the HSBC plc base rate until such time as payment is made.
7.8 If the Customer pays any amount by debit or credit card, the card shall be charged at the time such payment is made.
7.9 The Customer authorises Sodexo to charge to its debit or credit card (as appropriate) any charges which the Customer incurs in respect of the Event and which remain unpaid at the conclusion of the Event
7.10 If the Customer pays any amount by credit card, a surcharge of 1.5% shall be incurred in addition to the Charges.
7.11 All Charges include VAT.
7.12 If, within 5 Business Days of the date of receipt of an invoice from Sodexo for any sum due under the Contract, the Customer has not notified Sodexo that it disputes whether amounts contained in such invoice are properly due it shall be deemed to have accepted that the sums stated as payable are properly due and to have waived all its rights to subsequently dispute whether those sums are due.
8 Changes to the Charges
8.1 Sodexo publish price lists on an annual basis. The Charges for the Booking are the Charges set out in the price list that is in effect on the date of the Event not the price list that is in effect on the date the Booking was made.
8.2 Sodexo will make reasonable efforts to provide accurate information on the Charges. In some circumstances, a Booking is made that is outside of the period covered by Sodexo's current price list. If this is the case, then Sodexo will advise the Customer when the price list that covers the Event becomes available.
9 Cancellation by the Customer
9.1 Any cancellation of a Booking must be by notice in writing and any refund (if any) of Charges and/or Deposit (if any) by Sodexo shall be in accordance with this clause 9.
9.2 The Customer may cancel its Booking within 5 Business Days of the date on which it sent the Booking Form to Sodexo. Sodexo will refund any Deposit and/or Charges that have been paid. If the Booking is made less than 90 days before the date of the Event then this clause will not apply and Sodexo will refund the Charges as set out in clause 9.3 below.
9.3 Without prejudice to any other rights and remedies Sodexo may have, if the Customer cancels the Booking then Sodexo will refund the Charges as set out below:
(a) (subject to clause 9.2) if the Customer cancels more than 91 days (inclusive) before the Event then Sodexo will retain the Deposit and refund any other Charges paid; or
(b) if the Customer cancels less than 90 days (inclusive) before the Event then Sodexo will retain (or the Customer will be liable to pay Sodexo) all of the Charges.
10 Cancellation by Sodexo
10.1 Sodexo is entitled to cancel the Booking at any time more than 91 days (inclusive) prior to the Event. Sodexo shall notify the Customer in writing as soon as is reasonably practicable of such cancellation. In the event of such cancellation by Sodexo, Sodexo shall: (a) use its reasonable endeavours to offer an alternative date and/or venue; or, (b) refund in full all sums paid by the Customer, including any Deposit, (at the Customer's discretion).
10.2 Sodexo may cancel a Booking forthwith by notice in writing, without prejudice to any other rights or remedies Sodexo may have, if the Customer becomes bankrupt or insolvent or enters into liquidation or receivership or is subject to an application for an administration order or suffers an administrative receiver to be appointed in relation to the whole or part of its assets or makes a composition with its creditors or suffers any judgment to be executed in relation to any of its property or assets.
10.3 Sporting venues: A sporting venue is made available to Sodexo on dates when there is not a sporting fixture. The relevant sports club advises Sodexo of scheduled fixtures but the sports club may require the sporting venue for non-scheduled short notice sporting fixtures. If a short notice sporting fixture occurs on the date of the Event then Sodexo will not be able to provide the Services and may cancel the Booking. If Sodexo cancels the Booking because of a short notice sporting fixture then Sodexo will (at Sodexo's discretion): (a) offer a reasonable alternative date and/or venue; or (b) reimburse any sums paid in respect of the Booking.
10.4 Race meetings: If the Booking is made in conjunction with a race meeting then if the race meeting is cancelled, Sodexo may cancel the Booking. If Sodexo cancels the Booking because of a race meeting cancellation then Sodexo will (at Sodexo's discretion): (a) offer a reasonable alternative date;and/or venue; or (b) will reimburse any sums paid in respect of the Booking. Please note if the race meeting cancellation occurs after Sodexo has started to provide the Services at the Event then the provisions of this clause 9.2 shall not apply.
11 Inability to Provide an Aspect of the Services
11.1 If, for any reason Sodexo is unable to supply a part of the Services specified on the Booking Form Sodexo shall notify the Customer as soon as possible. Where reasonably practicable, Sodexo shall replace the particular part of the Services with one of at least equal standard and value at no additional cost to the Customer. Sodexo shall agree the details of the replacement Service with the Customer. If it is not reasonably practicable for Sodexo to replace the part of the Service then Sodexo shall refund in full all sums paid by the Customer that relate to that part of the Services.
12 Variations
12.1 If the Customer wishes to change the Services detailed on the Booking Form after the date that the Booking is made, then the Customer must notify Sodexo in writing as soon as possible. Sodexo will notify the Customer if Sodexo is able to accommodate these changes and/or give rise to additional costs. Any changes to a Booking must be confirmed by Sodexo in writing. The Customer will have to pay for any additional costs resulting from the changes to the Booking.
12.2 Sodexo reserves the right not to vary the Contract.
13 Liability
13.1 Nothing in this Agreement shall be interpreted or construed as excluding or limiting the liability of either party for any matter in respect of which it would be illegal or unlawful do so, including death or personal injury caused by such party's negligence or fraudulent misrepresentation.
13.2 Subject to clause 13.1, the total aggregate liability of Sodexo under or in connection with the Contract (whether in contract, for negligence, breach of statutory duty or otherwise) for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the Charges.
13.3 Subject to clause 13.1, Sodexo shall not be liable to the Customer in contract, tort (including negligence and breach of statutory duty) or otherwise howsoever arising in connection with this Contract for :
(a) economic loss of any kind whatsoever;
(b) loss of profit, business contracts, revenues or anticipated savings or damage to the Customer's reputation or goodwill or special loss;
(c) indirect or consequential loss or damage; or
(d) to the extent that any loss is caused wholly or partly by breach of any Condition by the Customer including any breach caused by a third party.
13.4 In respect of any event that gives rise to a claim under this Contract or otherwise howsoever arising, the Customer agrees to notify Sodexo within 14 Business Days of the event giving rise to the claim and Sodexo shall not otherwise be liable.
13.5 The Customer agrees that before bringing a claim for the same against Sodexo, the Customer shall use its best endeavours to recover losses, claims, demands or expenses incurred by it from its insurers instead of Sodexo and to the extent that it is successful in recovering such sums from its insurers Sodexo shall not be liable to the Customer.
14 Indemnity
14.1 The Customer shall indemnify and keep indemnified Sodexo for all loss of or damage to property at the Premises and Sodexo's expenses, costs and claims in respect of the same suffered or incurred by Sodexo (in whole or in part) during or as a result of the Event arising from or caused by (whether directly or indirectly) the acts or omissions of the Customer, any Guest or Act.
15 Force Majeure
15.1 Neither party shall be in breach of this Contract, nor liable for any failure or delay to perform any of its obligations (save in respect any payment obligation) in relation to a Booking due to an Event of Force Majeure the party concerned shall not incur any liability to the other except as specified in Condition 16.2.
16 Assignment and Subcontracting
16.1 Neither party shall be entitled to assign or transfer the Contract, whether in whole or in part, without the prior written consent of the other.
16.2 Notwithstanding Condition 16.1, Sodexo shall be entitled to sub-contract the Services in whole or in part provided that:
(a) it remains wholly responsible for the acts or omissions of its sub-contractors as if they were Sodexo's own acts or omissions; and
(b) prior to appointing any sub-contractor Sodexo shall use reasonable endeavours to verify that the sub-contractor will be able to provide the Services.
17 Entire Agreement
17.1 Each of the parties acknowledges that it is not entering into the Contract in reliance upon any representation, warranty, collateral contract or other assurance (except those set out in these Conditions and the documents referred to in it) made by or on behalf of any other party before the execution of the Contract. Each of the parties waives all rights and remedies which, but for this Condition 17, might otherwise be available to it in respect of any such representation, warranty, collateral contract or other assurance, provided that nothing in this Condition 17.1 shall limit or exclude any liability for fraud.
17.2 Any conditions or warranties (whether express or implied by statute or common law or arising from conduct or a previous course of dealing or trade custom or usage or otherwise howsoever) as to the care and skill with which Sodexo shall provide the Services are expressly negatived by these Conditions to the fullest extent permitted by law.
17.3 No variation of the Contract shall be effective unless in writing and executed by or on behalf of each of the parties.
18 Waiver
Delay in exercising, or a failure to exercise, any right or remedy in connection with the Contract shall not operate as a waiver of that right or remedy. A single or partial exercise of any right or remedy shall not preclude any other or further exercise of that right or remedy, or the exercise of any other right or remedy. A waiver of a breach of the Contract shall not constitute a waiver of any subsequent breach.
19 Intellectual Property
All content in or on Sodexo’s website and brochures (including pictures, designs, logos and text) (Content) is owned by or licensed to Sodexo. The Content is protected by copyright and other laws and the Customer shall not use nor procure the use of such content other than as permitted by Sodexo in writing.
20 Personal Data
20.1 Any personal data received pursuant to this Contract is processed in accordance with Sodexos' privacy policy. To review the privacy policy: http://uk.sodexo.com/uken/privacy-policy.asp
21 Notices
21.1 All notices including any request for variation of the Services by the Customer, should be made in writing and sent by post or fax to the address of the other party shown on the Event Agreement.
21.2 Any notice sent by fax shall only be valid when the sender has received a receipt confirming a satisfactory fax transmission.
21.3 A notice shall be deemed to have been received:
(a) if delivered by hand within Business Hours when so delivered or, if delivered by hand outside Business Hours, at the start of the next Business Day;
(b) if sent by first class recorded delivery post on a Business Day, at 9.00 am on the second Business Day after posting; or, if the notice was not posted on a Business Day, at 9.00 am on the third Business Day after posting.
21.4 In proving service of a notice, it shall be sufficient to prove that delivery was made or that the envelope containing the notice was properly addressed and posted.
21.5 E-mail notice shall not be valid for the purposes of these Conditions.
22 Relationship between Parties
Nothing in these Conditions shall constitute or be deemed to constitute a partnership or other form of joint venture between the parties or constitute or be deemed to constitute either party the agent or employee of the other for any purpose whatsoever.
23 Third Party Rights
No person who is not a party to the Contract is entitled to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
24 Severability
The parties intend each of these Conditions to be severable and distinct from the others. If a Condition is held to be illegal, invalid or unenforceable, in whole or in part, the parties intend that the legality, validity and enforceability of the remainder of these Conditions shall not be affected.
25 Governing Law and Jurisdiction
The Contract and these Conditions are governed by, and shall be interpreted in accordance with, English law and each party irrevocably submits to the exclusive jurisdiction of the English Courts in relation to all matters arising out of or in connection with the Contract.
Terms and Conditions of Entry to Ascot Racecourse
PART I - GENERAL CONDITIONS
1. The Effect of these Conditions and Variations
2. Badges, PASS Cards and Other Entitlements to Enter the Racecourse
3. Lost or Stolen Badges and Tickets
4. Access
5. Conduct of Attendees
6. Dress Code
7. Unauthorised Trading, Advertising, Leafleting and other Commercial or Promotional Activity
8. Betting
9. Food and Drink
10. Use of Camera, Video, Computer and Telecommunications Equipment
11. Journalists, Publishing and Reporting
12. Media Coverage
13. Dogs
14. Loss or Damage
15. Parking
16. Abandoned or Delayed Racing and Other Events Affecting Racing
17. Payment Terms
18. Evacuations
19. Enforcement
20. Law
SPECIAL CONDITIONS A - PARTICIPANTS IN RACING
21. Scope of Special Conditions A
22. Applicable Conditions
SPECIAL CONDITIONS B - MEDIA CONTRACTORS AND LICENSEES
23. Scope of Special Conditions B
24. Your Rights
25. Third Party Media Agreements to Prevail
SPECIAL CONDITIONS C - PHOTOGRAPHERS
26. Scope of Special Conditions C
27. Special Conditions for Holders of Photographers' Accreditation
SPECIAL CONDITIONS D - PRESS
28. Scope of Special Conditions D
29. Special Conditions for Holders of Press Accreditation
SPECIAL CONDITIONS E - ON-COURSE BOOKMAKERS and staff
29.13 Scope of Special Conditions E
30. Special Conditions for Bookmakers
SPECIAL CONDITIONS F - CONTRACTORS, TRADES AND EXHIBITORS
31. Scope of Special Conditions F
32. Entitlement to Carry on a Trade, Advertise, Distribute Leaflets and Conduct other Commercial or Promotional Activities
ANNEX
These Conditions apply to all persons entering the racecourse and grounds (Attendees / you) known as Ascot Racecourse(the Racecourse). These Conditions are issued by Ascot Racecourse Ltd (the Executive / we / us). Acceptance of these Conditions will result in a legally binding contract between you and us which include the terms of the licence which we have granted to you to enter the Racecourse. It is your responsibility to familiarise yourself with these Conditions.
These Terms and Conditions of Entry (these Conditions) consist of the general conditions set out in Part I (General Conditions) and the special conditions set out in Part II (Special Conditions).
The General Conditions apply to all Attendees. Unless an Attendee informs the Executive that permission to enter the Racecourse under one of the categories of Special Condition is required, all Attendees will be admitted on the terms of the General Conditions only. To obtain permission to enter the Racecourse under one or more of the categories of Special Condition an entrant must make a specific request to the Executive. A person will only be regarded as entitled to enter the Racecourse under one or more of the categories of Special Condition where expressly and specifically granted the right to do so by the Executive. Special Conditions for the following classes of attendee can be found in Part II of these Conditions:
An Attendee may be permitted access to the Racecourse on the basis of more than one of the categories of Special Condition. Each category of Special Condition shall take effect without prejudice to the others.
If you do not understand or have any questions relating to these Conditions you should contact the Executive without delay for clarification.
Every Attendee entering the Racecourse shall be deemed to have accepted all The Orders and Rules of Racing and shall do so subject to The Orders and Rules of Racing.
Entry to the Racecourse shall be at our discretion. We reserve the right to refuse entry to or expel any person from the Racecourse who is, whom we reasonably believe to be, or whom to the best of our knowledge has in the past been, in breach of these Conditions.
The use of any device or communications equipment to capture and disseminate audio, visual, audio-visual coverage of and data relating to any race or fixture is strictly regulated by these Conditions. Please see Condition 10.
Our liability under these Conditions is limited. Please see Condition 14.
PART I - GENERAL CONDITIONS
The following General Conditions apply to all Attendees.
1. The Effect of these Conditions and Variations
1.1 All Attendees who enter the Racecourse (including all surrounding land, car parks and other facilities which are under the ownership and/or control of the Racecourse) shall be deemed to have accepted these Conditions. Attendees are admitted to the Racecourse strictly subject to these Conditions. There are no exceptions.
1.2 Whilst these Conditions are intended to be comprehensive, Attendees are admitted to the Racecourse on the basis that they will comply with both the letter and the spirit of these Conditions.
1.3 All Attendees are permitted access to the Racecourse at our discretion and must conduct themselves on the Racecourse in accordance with all reasonable rules, requests and guidelines which we may publish and impose from time to time. We reserve the right to amend and supplement these Conditions by publishing additional and supplementary conditions and guidelines from time to time (Variations). Variations will be effective to vary these Conditions on such basis as we may stipulate and may be of permanent or temporary effect. Variations will become effective once they have been notified to you.
2. Badges, PASS Cards and Other Entitlements to Enter the Racecourse
2.1 Badges, Privileged Access Swipe System (PASS) Cards, tickets and other entitlements to enter the Racecourse are non-transferable. They may not be transferred, sold, offered for sale, coupled or bundled with any other product or services or used for any commercial or promotional purpose whatsoever without our consent (which we may withhold in our absolute discretion).
2.2 All badges, PASS Cards, tickets and other entitlements issued by us or on our behalf shall remain our property at all times. We reserve the right to require the immediate return of all badges, PASS Cards or tickets at any time.
2.3 These Conditions apply to all Attendees irrespective of whether or not an Attendee has paid for admission and whether or not an Attendee has been issued with a badge (of any type), PASS Card or other ticket, document or entitlement to enter the Racecourse.
2.4 We are entitled to impose these Conditions of entry on badgeholders, PASS Card holders and all other Attendees in addition to any terms and conditions to which a badge, PASS Card or other entitlement may have been issued or granted. Holders of badges, PASS Cards or other entitlement may only enter the Racecourse subject to these Conditions. In the event of any inconsistency between these Conditions and any terms and conditions upon which any badge, PASS Card or other entitlement has been issued these Conditions will prevail.
2.5 No refund shall be given in respect of any unused part of any badge or other entitlement.
2.6 Any Attendee holding any badge, PASS Card, ticket or other entitlement will be admitted only on presentation of the relevant badge, PASS Card, ticket or other entitlement. Any Attendee who fails to bring his or her badge, PASS Card, ticket or other evidence of entitlement to a fixture will only be admitted on payment of the full daily admission price for the relevant enclosure (if any) applicable on the day.
2.7 Attendees must ensure that badges are securely attached to their clothing on racedays and visible at all times and otherwise show badges, PASS Cards, tickets and other entitlements to officials at any time upon request.
3. Lost or Stolen Badges and Tickets
We accept no responsibility for lost or stolen badges, PASS Cards, tickets or other entitlements. The Racecourse has no obligation to replace a lost or stolen badge, PASS Card, ticket or other entitlement. In the event that we decide to replace a lost or stolen badge, PASS Card, ticket or other entitlement we may charge a fee to do so.
4. Access
4.1 Permission to enter the Racecourse does not constitute guaranteed entry to any particular area of the Racecourse or any Racecourse buildings or facilities. We reserve the right to refuse or condition access to areas of the Racecourse from time to time and on a temporary or permanent basis.
4.2 Unless we give specific permission (either in the Special Conditions or otherwise from time to time) Attendees are prohibited from entering the Weighing Room, the Stewards' Room, the Sampling Unit, the Racecourse Stables, the Judges' Box, the Winners' Enclosure, the Parade Ring, the Racecourse Data Collection Area and any other areas marked private or to which we may restrict access from time to time.
4.3 Children under twelve are not allowed to enter the Winners' Enclosure or the Parade Ring in any circumstances.
4.4 No badge, PASS Card, ticket or other entitlement guarantees access to the Racecourse or any area of the Racecourse.
4.5 The badge, PASS Card, ticket or other entitlement to entry issued to an Attendee may restrict access to certain areas of the Racecourse including the various enclosures. Where a badge, PASS Card or other entitlement restricts access to some or all enclosures, transfers between enclosures may be possible on a raceday. Transfers will be subject to application at the Transfer Kiosk.
4.6 No badge, PASS Card or other entitlement gives any Attendee any right to receive, use or exploit any racing data, audio, visual or audio-visual coverage of any race or fixture. Any coverage or data made available at the Racecourse is made available for the personal use and consumption of Attendees only and redistribution to any person outside the Racecourse is strictly prohibited.
5. Conduct of Attendees
5.1 We reserve the right at any time, without prior notice and without providing its reasons to refuse admission to or expel any Attendee who, in our reasonable opinion:
5.1.1 has breached or is likely to breach these Conditions and any Variation (as described in Condition 1.3);
5.1.2 has or is likely to commit an offence or otherwise do anything which is unlawful; and/or
5.1.3 behaves or is likely to behave in an unacceptable or unruly manner or in a manner likely to cause offence to other Attendees.
5.2 All Attendees must follow the reasonable written and/or verbal instructions of Racecourse safety stewards, other staff and officials and the police or other emergency services at all times.
5.3 Intentionally Deleted.
5.4 In the interests of safety we may request to conduct personal body searches of Attendees and/or search their personal belongings. We shall be entitled to refuse entry to or expel from the Racecourse any Attendee who refuses to comply with such a request.
5.5 The following items must not be brought onto the Racecourse: knives, fireworks, smoke canisters, air-horns, drinking glasses, bottles or other glass or similarly breakable containers, cans, poles and any other article that might be used as a weapon and/or may in our reasonable opinion compromise public safety. Any Attendee in possession of such items will be refused entry to the Racecourse or expelled.
5.6 The following are prohibited on the Racecourse:
5.6.1 flags, banners and other articles and any behaviour which may distract or frighten the horses;
5.6.2 any behaviour which may disrupt or impair the experience of other Attendees;
5.6.3 climbing fences, stands or any other structures or buildings;
5.6.4 throwing any object without lawful authority or excuse;
5.6.5 obstruction of gangways, access ways, exits, entrances, stairways and similar places;
5.6.6 damaging or defacing Racecourse property; and
5.6.7 smoking in any designated "No Smoking" areas.
5.7 We reserve the right to designate any and all areas of the Racecourse as "No-Smoking" Areas from time to time.
5.8 From time to time we will close race track crossings for safety reasons. Attendees are prohibited from attempting to cross any closed crossing or attempting to cross the race track other than at an open crossing.
6. Dress Code
We may at our discretion implement a dress code for particular race days, for specific enclosures on race days and/or any other areas of the Racecourse where a particular dress code is required as specified. All Attendees must comply with the dress code for each race day, for each enclosure and/or any other areas of the Racecourse where a dress code may be in force from time to time. We reserve the right to refuse an Attendee access to any area of the Racecourse where a dress code is in force with which the Attendee is not complying. Further details may be found on our website ascot.co.uk.
7. Unauthorised Trading, Advertising, Leafleting and other Commercial or Promotional Activity
7.1 Only those Attendees who have been given express prior permission by us to trade, advertise, distribute leaflets or conduct any other commercial or promotional activities on the Racecourse may do so. Trading, advertising, leafleting and commercial or promotional activities by all other Attendees is strictly prohibited. This prohibition extends to and includes:
7.1.1 any unauthorised badge, ticket or racecard sellers or hawkers; and
7.1.2 any person directly or indirectly involved in the collation and/or distribution of any audio, visual, audio-visual coverage of or data relating to any race or fixture at the Racecourse or any other British racecourse which has not been expressly permitted in advance by us.
7.2 We reserve the right to confiscate any equipment, stock or other materials in the possession of any Attendee whilst on the Racecourse who is, or whom we reasonably believe to be, involved in unauthorised trade, advertising, leaflet distribution or other commercial or promotional activities.
7.3 We reserve the right to take such legal action (including where appropriate obtaining injunctive and other relief) against or in respect of any person who is in breach of this Condition 7, who has in the past breached this Condition 7 (or any equivalent prior provision) or whom we reasonably believe will breach this Condition 7.
7.4 Where any unauthorised advertising or other sponsorship, promotional or marketing material is distributed to Attendees outside the Racecourse including but not limited to items of clothing, we reserve the right to refuse entry to any Attendee in possession of such material and to confiscate such material from Attendees within the Racecourse.
8. Betting
No Attendee may lay bets or otherwise conduct any betting or gaming business whilst on the Racecourse unless specifically entitled to do so by us. This does not prohibit Attendees placing bets with those on-course bookmakers or other properly authorised betting businesses.
9. Food and Drink
Attendees are prohibited from taking food, drink, glass bottles and glasses onto any part of the Racecourse except for any areas where this is specifically permitted by us.
10. Use of Camera, Video, Computer and Telecommunications Equipment
Please note: Non-compliance with the following provisions may constitute a serious breach of these Conditions, as a result of which we may have the right to cancel and withdraw any badge, PASS Card, tickets or other entitlements issued to you. Use of cameras, video equipment, laptop and other computer equipment, mobile telephones and other telecommunications devices at the Racecourse is strictly controlled and limited. You are not permitted to make any commercial use of any audio/visual coverage, still images or data relating to racing at the Racecourse.
10.1 Save as expressly permitted by these General Conditions and any Special Conditions, no Attendee may use any device, technology or communications system to capture, record, store, broadcast, transmit, make available or otherwise disseminate by digital or any other means any still (including photographic), audio, visual, audio-visual coverage or record of, or any data available at the Racecourse relating to, any race or any fixture at the Racecourse or any other British racecourse. The prohibition shall extend to any coverage or record in any form (including audio/visual and data) of any activity occurring on the Racecourse in addition to the running of any race itself including, without limitation, all activities involving the preparation of any horse or jockey for any race, the parading of any horse in the Parade Ring, any activity in the Weighing Room, the Stewards' Room, the Sampling Unit, the Racecourse Stable, the Judges' Box, the Winners' Enclosure and the Racecourse Data Collection Area.
10.2 Subject to the following Conditions, Attendees may use devices to capture still images (but not moving images or any audio) in the form of photographs or similar (Stills) for private and domestic use only. The following Conditions apply:
10.2.1 Photography on the racing surface is strictly forbidden.
10.2.2 Flash photography is also strictly forbidden.
10.2.3 Attendees shall use Stills for private and domestic purposes only and no other purposes. In particular, no Attendee shall sell, licence, assign, syndicate, distribute or otherwise exploit or make available any Still for gain, profit or any commercial purpose whatsoever, nor shall any Attendee permit any person to do so on his or her behalf.
10.3 Save as expressly permitted by any Special Condition no Attendee may use any mobile telephone, computer or other device or telecommunications equipment or system to capture, store and/or distribute (whether by way of speech or the electronic transmission of any data in any form) any data or information concerning or relating to any race, fixture or other race-related activity at the Racecourse including but without limitation, and by way of example only, any information relating to runners and riders, conditions (including going and weather conditions), silk colours, weights, changes to racecards, betting odds (including on-course betting odds and other betting related information), starting information, in-race information, race results and the results of any enquiry.
10.4 By accepting these Conditions you agree that all copyright and other intellectual property rights in any unauthorised Still, audio, visual, audio-visual coverage or collation of data shall be assigned to us. To the extent that these Conditions are not sufficient to give effect to this assignment you will do all such things and execute all such documents as we may require from time to time to give effect to such assignment.
10.5 Save as expressly permitted by any Special Condition Attendees may not use mobile telephones or any other communications device whilst on the Racecourse to communicate with anyone outside the Racecourse for the purpose of or in connection with any betting.
10.6 We reserve the right to confiscate any camera, video equipment, mobile telephone, radio and any telecommunications or other device (including computer similar equipment) and any media or device upon which any audio/visual content or data may be stored where it has been in the possession or under the control of any Attendee who has breached or is likely to breach this Condition 10 or any person associated with such an Attendee.
10.7 You consent to ARL, or third parties on its behalf, photographing and filming you and using that photographs/footage
11. Journalists, Publishing and Reporting
Without prejudice to Condition 10, other than persons specifically admitted to the Racecourse on the basis of Special Conditions B and/or D (where appropriate) all other Attendees are prohibited from doing those things permitted by Special Conditions D including and extending to the publication, broadcast or distribution by any other means of any composition, report or other material. The prohibition in this Condition 11 applies irrespective of the means of publication, broadcast, distribution and whether or not such means is specifically referred to in Special Conditions D.
12. Media Coverage
All Attendees are reminded that many races and fixtures are given coverage on television, radio and in print and various other forms of media. By entering the Racecourse Attendees are accepting they may appear in such coverage. Accordingly, Attendees shall have no right to object to their inclusion in any such coverage. Each Attendee will give any additional consents or waivers required for the unrestricted lawful use of any coverage (if any) without request for payment or imposing any other conditions.
External links are selected and reviewed when the page is published. However, Ascot Racecourse Limited is not responsible for the content of external websites.
13. Dogs
Dogs are not permitted in any enclosure except for those required for disabled assistance.
Where dogs are permitted they must be kept on leads at all times and must not be allowed to foul anywhere on the Racecourse.
To the extent we are legally able to do so, we reserve the right, if necessary, to force entry into a car to release animals which may be suffering.
14. Loss or Damage
14.1 Any property brought onto the Racecourse by an Attendee remains at all times at the entire risk of the Attendee. The Racecourse accepts no responsibility for the theft or other loss or damage to Attendees’ property.
14.2 Attendees must accept that, by its very nature, attending race meetings is not without risk. Attendees must therefore remain vigilant and exercise a reasonable degree of caution and care for themselves and those around them at all times.
14.3 Subject to Condition 14.4, we shall not be liable for any direct loss arising out of any breach by us of these Conditions where such loss was not reasonably foreseeable by us; nor shall we have any liability for any indirect or consequential loss, damage, costs or expenses, any loss of profits, loss of opportunity or loss of revenue whether foreseeable or not.
14.4 Nothing in these Conditions shall limit or exclude our liability in respect of death or personal injury caused by our negligence or fraudulent act or omission.
14.5 Nothing in these Conditions shall affect the statutory rights of any Attendee attending a race meeting as a consumer.
15. Parking
All vehicles parked or stored within the Racecourse are parked at the owners risk and the Racecourse accepts no responsibility for such vehicles.
16. Abandoned or Delayed Racing and Other Events Affecting Racing
16.1 Race fixtures and races may be abandoned at any time in accordance with directions from the Horse Racing Authority and any successor body, the police or other emergency services. Fixtures and races may also be delayed or abandoned in other exceptional circumstances beyond our reasonable control.
16.2 In the event of any fixture being abandoned the refund policy is as set out below.
In the event of racing being abandoned, refunds on entrance money and car parks will only be made in the following circumstances:
16.3 In the event that a refund is due to an Attendee pursuant to the Racecourse policy, refunds cannot be made on racedays. To obtain a refund Attendees should send their badge/ ticket with full address details, within 3 months of the date of the race meeting to: The Sales Manager, Ascot Racecourse, Ascot, Berkshire SL5 7JX.
16.4 Save as set out in these Conditions, we will have no further liability in relation to any abandoned or delayed racing.
16.5 We give no guarantee that any race or race meeting will take place; nor do we give any representation or warranty concerning the nature or quality of any race or meeting which may be held at the Racecourse.
16.6 Save as provided above, we shall not be liable to any Attendee if and to the extent that any failure or omission by us results from any event beyond our reasonable control such as, but not limited to, war, acts of terrorism, civil disturbance, any order or act of a governmental or regulatory body, fire, flood, severe adverse weather conditions, labour dispute, lock-out, disease, epidemic or other circumstances concerning the healthcare or well-being of humans and/or animals.
17. Payment Terms
Ticket prices are inclusive of VAT. The Racecourse reserves the right to charge VAT (or any other applicable tax or levy) on any other services supplied including sponsorship and corporate hospitality. There are no refunds for any tickets purchased either over the phone or online, therefore you are advised to select your tickets carefully.
18. Evacuations
In the event of an emergency (bomb scare, fire hazard, etc.) all areas must be evacuated. Please listen to announcements over the public address system. Any emergency should be reported immediately to a member of the Racecourse staff and/or the Racecourse Office.
19. Enforcement
We will use our discretion in deciding when to enforce these Conditions. The nature and complexity of racecourse operations means that we are unlikely to enforce these Conditions in every instance in which there is a breach. However, notwithstanding this we nonetheless reserve the right to enforce (without limitation whether by taking practical steps and/or bringing legal proceedings) in every instance where we deem it appropriate. No failure or delay to enforce, or decision by us not to enforce, should be construed as a waiver of our right to do so.
20. Law
These Conditions shall be governed by the laws of England and Wales.
PART II - SPECIAL CONDITIONS
The following Special Conditions apply only to certain classes of Attendee. Most Attendees will not fall within any of the categories covered by the following Special Conditions. Attendees will only be required to comply with, and will only be entitled to any of the rights and privileges set out in, the following Special Conditions where specifically and expressly admitted to the Racecourse on the basis of one or more of the categories of Special Condition. An Attendee may, however, be admitted on the basis of more than one of the relevant categories.
SPECIAL CONDITIONS A - PARTICIPANTS IN RACING
21. Scope of Special Conditions A
21.1 These Special Conditions A apply to all Attendees who are actually involved in racing at a particular fixture whether as racecourse officials including but not limited to BHB and HRA officials, racehorse owners, trainers, jockeys, veterinary or other animal care or welfare professionals, assistants to any of the foregoing, stable staff, drivers or other Attendees fulfilling comparable roles directly related to the business of racing on the relevant day (Racing Professionals).
21.2 These Special Conditions A apply whether or not a Racing Professional Attendee holds a badge, PASS Card or other entitlement to enter the Racecourse.
22. Applicable Conditions
22.1 Where your entry to the Racecourse is by PASS Card you must show your PASS Card at the PASS entrance to collect your day badge allocation.
22.2 Where appropriate, your PASS Card and/or badge will entitle you to access to the Racecourse's owners' and trainers' facilities, the Parade Ring and the Winners' Enclosure. Racing Professionals will be granted access to the different areas of the Racecourse depending upon the role of the relevant Racing Professional, as we determine.
22.3 All vehicles including all vehicles used to transport horses must be driven with the utmost care whilst on the Racecourse and all vehicle drivers must comply with all instructions of Racecourse staff and other officials. Vehicles must only be driven along routes and parked in areas specifically designated by us. We reserve the right to require that any vehicle be moved if it is not parked in an area designated by us or if it is otherwise obstructing the smooth operation of the Racecourse or represents a safety hazard.
SPECIAL CONDITIONS B - MEDIA CONTRACTORS AND LICENSEES
23. Scope of Special Conditions B
23.1 We (and or our duly authorised agents and sub-licensees) may from time to time enter into agreements with third parties under which those third parties, their sub-contractors and licensees are permitted to enter the Racecourse for the purpose of producing still images or audio/visual/data coverage of races and fixtures and/or transmitting, broadcasting or otherwise distributing such coverage from the Racecourse (a Third Party Media Agreement). These Special Conditions B apply to all Attendees who are present on the Racecourse under the terms of a Third Party Media Agreement (Media Attendees).
23.2 These Special Conditions B apply whether or not a Media Attendee holds a badge, PASS Card or other entitlement to enter the Racecourse.
23.3 Subject to any special conditions that may be agreed in any Third Party Media Agreement all Media Attendees granted access to the Racecourse under these Special Conditions B must hold and maintain, or their employers must hold and maintain, comprehensive and adequate public liability insurance with a reputable insurer on industry standard terms to cover a reasonable level of liability for any claim for which they may become liable as a result of any loss or damage which they cause whilst present on the Racecourse. We reserve the right to refuse entry to, or to expel, any Media Attendee admitted under these Special Conditions B who does not produce satisfactory evidence of such insurance on demand or within such period as we may determine.
24. Your Rights
24.1 Ordinarily the rights which Attendees have to produce audio/visual/data coverage of races and fixtures is limited under Condition 10. However, where Media Attendees are present on the Racecourse under the terms of a Third Party Media Agreement it is likely that the scope of the rights which the relevant third party enjoys in respect of, or to produce and exploit, audio/visual/data coverage of races and fixtures will be wider than that permitted under Condition 10.
24.2 To the extent that the rights granted under a Third Party Media Agreement are wider than the rights granted under the General Conditions, including (but not limited to) Condition 10, Media Attendees will be entitled to exercise and exploit those rights granted to the third party under the relevant Third Party Media Agreement.
24.3 Please note, however, that save where we have expressly agreed otherwise in writing the rights granted a third party under a Third Party Media Agreement will be personal to that third party. Accordingly, Media Attendees' rights to attend the racecourse will be strictly as an employee or sub-contractor to the relevant third party and Media Attendees will not be entitled to exercise any rights to, or to produce and exploit, audio/visual/data coverage of races and fixtures on their own behalf or for any purpose other than that permitted under the relevant Third Party Media Agreement.
24.4 Media Attendees must comply with the terms of any applicable HRA Instructions which may be relevant to their activities on the Racecourse. Particular attention is drawn to HRA Instructions 5.1 and 5.2(2) which are set out in the Annex to these Conditions.
25. Third Party Media Agreements to Prevail
If and to the extent that there is any conflict between these Conditions and the terms of any Third Party Media Agreement, the terms of the Third Party Media Agreement shall prevail.
SPECIAL CONDITIONS C - PHOTOGRAPHERS
26. Scope of Special Conditions C
26.1 These Special Conditions C apply to all Attendees who have been granted an express licence by the Racecourse and who hold badges or other entitlements to enter British racecourses allocated by or on behalf of the RCA to take photographs of races, fixtures and other activities on the racecourses (Photographers' Accreditation). At the time of publication of these Conditions this function is performed by the RCA/HWPA Press Liaison Committee but these Special Conditions C apply to any press badges allocated by this or any successor body empowered by the RCA to do so.
26.2 Only those persons who attend the Racecourse holding a valid and subsisting Photographers' Accreditation (Authorised Photographers) will be entitled to enter the Racecourse on the basis of these Special Conditions C.
26.3 Without prejudice to Condition 26.2, these Special Conditions C apply whether or not an Authorised Photographer holds a badge, PASS Card or other entitlement to enter the Racecourse.
27. Special Conditions for Holders of Photographers' Accreditation
27.1 In these Special Conditions C the following words and expressions shall have the following meanings:
27.1.1 Internet means the global network of computer systems using TCP/IP protocols known as the world wide web.
27.1.2 Newspaper and News Magazine mean, respectively, a newspaper or magazine published and distributed in printed paper format.
27.1.3 Photograph means any still visual image, or information capable of being converted into a still visual image, (whether such still visual image is in physical, negative or digital form or any other form of electronic storage of whatever nature and whether existing now or invented in the future) but shall specifically exclude any moving images, digital sequencing or audio in any form.
27.1.4 Publish means to use, reproduce, distribute, store or communicate to any person in any form (whether in hard or electronic copy, whether permanent or transient and whether existing now or invented in the future).
27.2 Authorised Photographers shall produce satisfactory evidence of their Photographer's Accreditation upon demand. We reserve the right to refuse entry to, or to expel, any Attendee who does not produce such evidence when asked to do so.
27.3 All Authorised Photographers granted access to the Racecourse under these Special Conditions C must hold and maintain, or their employers must hold and maintain, comprehensive and adequate public liability insurance with a reputable insurer on industry standard terms to cover a reasonable level of liability for any claim for which they may become liable as a result of any loss or damage which they cause whilst present on the Racecourse. We reserve the right to refuse entry to, or to expel, any Attendee admitted under these Special Conditions C who does not produce satisfactory evidence of such insurance on demand or within such period as we may determine.
27.4 Authorised Photographers must wear any form of identification issued by us to identify them as Authorised Photographers and will return any such identification upon request.
27.5 Save as we may expressly agree otherwise in writing from time to time, Authorised Photographers must not wear any form of branded clothing or otherwise participate in any promotional or other commercial activity on the Racecourse.
27.6 Authorised Photographers will not do any of those things prohibited by Condition 10 save as expressly permitted by these Special Conditions C.
27.7 Authorised Photographers will only Publish Photographs or permit Photographs to be Published (in accordance with its ordinary business):
27.7.1 in a Newspaper or News Magazine; or
27.7.2 on the Internet
in each case as part of editorial on the Racecourse or the relevant race meeting. A Photograph must only be made available on the Internet subject to terms which incorporate clear and legally binding provisions prohibiting:
27.8 Authorised Photographers must comply with the terms of any applicable HRA Instructions which may be relevant to their activities on the Racecourse. Particular attention is drawn to HRA Instructions 5.1 and 5.2(2) which are set out in the Annex to these Conditions.
SPECIAL CONDITIONS D - PRESS
28. Scope of Special Conditions D
28.1 These Special Conditions D apply to all Attendees except on-course bookmakers' representatives who hold press badges or other entitlements to enter British racecourses allocated by or on behalf of the RCA (Press Accreditation). At the time of publication of these Conditions this function is performed by the RCA/HWPA Press Liaison Committee but these Special Conditions D apply to any press badges allocated by this or any successor body empowered by the RCA to do so.
28.2 Only those persons who attend the Racecourse holding a valid and subsisting Press Accreditation (Authorised Journalists) will be entitled to enter the Racecourse on the basis of these Special Conditions D.
28.3 Without prejudice to Condition 28.2, these Special Conditions D apply whether or not an Authorised Press Attendee holds a badge, PASS Card or other entitlement to enter the Racecourse.
29. Special Conditions for Holders of Press Accreditation
29.1 In these Special Conditions D the following words and expressions shall have the following meanings:
29.1.1 Article means any composition or fixture report created at the Racecourse about a race or fixture or about any person involved in any race or fixture, whether for immediate, simultaneous or delayed publication or other distribution.
29.1.2 Internet means the global network of computer systems using TCP/IP protocols known as the world wide web.
29.1.3 Mobile Text Service means a service, whether free or pay, via which text only (that is, no audio/visual content whatsoever) versions of Articles are distributed using mobile telecommunications technologies such as GPRS and 3G to devices which are capable of two-way communications of data and voice and intended for use while the user is in motion.
29.1.4 Newspaper and News Magazine mean, respectively, a newspaper or magazine published and distributed in printed paper format.
29.1.5 Publish means to use, reproduce, distribute, store or communicate to any person in any form (whether in hard or electronic copy, whether permanent or transient and whether existing now or invented in the future).
29.2 Authorised Journalists shall produce satisfactory evidence of their Press Accreditation upon demand. We reserve the right to refuse entry to, or to expel, any Attendee who does not produce such evidence when asked to do so.
29.3 All Authorised Journalists granted access to the Racecourse under these Special Conditions D must hold and maintain, or their employers must hold and maintain, comprehensive and adequate public liability insurance with a reputable insurer on industry standard terms to cover a reasonable level of liability for any claim for which they may become liable as a result of any loss or damage which they cause whilst present on the Racecourse. We reserve the right to refuse entry to, or to expel, any Attendee admitted under these Special Conditions D who does not produce satisfactory evidence of such insurance on demand or within such period as we may determine.
29.4 Authorised Journalists must wear any form of identification issued by us to identify them as Authorised Journalists and will return any such identification upon request.
29.5 Save as we may expressly agree otherwise in writing from time to time, Authorised Journalists must not wear any form of branded clothing or otherwise participate in any promotional or other commercial activity on the Racecourse.
29.6 Authorised Journalists will not do any of those things prohibited by Condition 10 save as expressly permitted by these Special Conditions D.
Authorised Journalists will only Publish Articles or permit Articles to be Published (in accordance with its ordinary business):
29.6.1 in a Newspaper or News Magazine; or
29.6.2 on the Internet or a Mobile Text Service
in each case as part of editorial on the Racecourse or the relevant race meeting. The terms upon which any Article is made available on an Internet website or a Mobile Text Service must incorporate clear and legally binding provisions prohibiting:
29.8 Authorised Journalists will not Publish:
29.9 Authorised Journalists are not permitted to take photographs or make other visual records of any race, fixture or other activity at the Racecourse unless they have also been permitted access to the Racecourse as Authorised Photographers under Special Conditions C or are otherwise permitted to do so under the terms of a Third Party Media Agreement and Special Conditions B.
29.10 Authorised Journalists must comply with the terms of any applicable HRA Instructions which may be relevant to their activities on the Racecourse. Particular attention is drawn to HRA Instructions 5.1 and 5.2(2) which are set out in the Annex to these Conditions.
29.11 Authorised Journalists should not use the Press Rooms or other press facilities when not working. Only Authorised Journalists may enter the Press Rooms. No associates or family members may be brought into the Press Rooms.
29.12 Smoking is prohibited in the Press Rooms.
SPECIAL CONDITIONS E - ON-COURSE BOOKMAKERS and staff
Note: The Working Group set up by DCMS is currently consulting on its proposals for the future administrative arrangements for existing betting areas. The following terms and conditions are an interim measure to deal with the administration of existing betting areas and bookmakers until such time as the Working Group's proposals can be implemented. At that time the terms are likely to change.
Scope of Special Conditions E
29.13 These Special Conditions E apply to all Attendees who are involved in any bookmaking activities on the Racecourse. This includes Bookmakers (as defined in paragraph 1.2 below) and any person employed or engaged by a Bookmaker to assist in any way whatsoever with the carrying out of bookmaking activities on the Racecourse.
Bookmakers and Staff
29.14 The only Attendees who shall be permitted to accept or lay off bets on the Racecourse shall be:
29.14.1 the holders of a general betting operating licence; and
29.14.2 any person employed by the holder of a general betting operating licence under a written contract of employment and named on the general betting operating licence of their employer.
For the purposes of these Special Conditions E, this category of Attendees shall be known as Bookmakers.
Staff means any employee or other person engaged by a Bookmaker to provide or assist with the carrying out of bookmaking activities on behalf of the Bookmaker, but who does not accept or lay off bets.
29.15 These Special Conditions E apply to all Bookmakers and Staff whether or not they hold any other badge, PASS Card or other entitlement to enter the Racecourse.
30. Special Conditions for Bookmakers
Definitions
30.1 In these Special Conditions E the following words and expressions shall have the following meanings:
30.1.1 Betting Area means any area of the Racecourse that we have designated as a betting area or we otherwise make available to Bookmakers to carry out bookmaking activities from time to time;
30.1.2 Betting Badge means the admission ticket purchased by a Bookmaker on each raceday providing entry to the Racecourse;
30.1.3 Betting Administration Fee means the fee charged by us in respect of the administration and management of the Existing Betting Ring;
30.1.4 Betting Ring Manager means our authorised representative or contractor responsible for ensuring the proper and orderly admission and conduct of Bookmakers and Staff in the Existing Betting Ring;
30.1.5 Bookmaker Number means the maximum number of Bookmakers (one per position) who may enter an Existing Betting Ring on a raceday;
30.1.6 Existing Betting Ring means any Betting Area established and in use on or prior to 31 August 2007 and in relation to any temporary areas only for those fixtures authorised under a Certificate of Approval as at 31 August 2007.
30.1.7 Identification Papers means:
(a) either:
a copy of the Bookmaker's general betting operating licence;
in the case of an employee of a Bookmaker who wishes to accept bets, a copy of the employer's general betting operating licence or, in the case of a large scale operator, a staff identification badge; or
such evidence as we may require from time to time in the case of any Bookmaker who has continuation rights under the Gambling Act 2005 but has yet to receive their general betting operating licence from the Gambling Commission;
(b) photographic identification being either a passport, new style driving licence incorporating a photograph or valid NJPC authorisation badge for 2008;
(c) a Certificate of Discharge of liabilities from the Horserace Betting Levy Board (or appropriate exemption); and
(d) documentary evidence of public liability insurance with a reputable insurer on industry standard terms in such amount as we deem appropriate;
Note: as an interim measure, we shall,
in satisfaction of (a) (i) to (iii) accept confirmation from the NJPC that the Bookmaker either has continuation rights under the Gambling Act 2005 or holds a general betting operating licence, or is named in schedule 'y' to such licence; and
in satisfaction of (c) and (d) accept confirmation from the NJPC that the Bookmaker holds the appropriate discharge (or exemption) and insurance;
30.1.8 New Betting Area means any Betting Area established on or after 1 September 2007 which includes temporary areas for fixtures not authorised under a Certificate of Approval as at 31 August 2007.
Admission to the Betting Areas
30.2 Bookmakers may only receive and take bets in those areas of the Racecourse that we have designated as Betting Areas. Any Bookmaker who takes or receives bets or whom we reasonably believe is likely to take or receive bets in any other part of the Racecourse without our prior approval shall be refused entry or ejected from the Racecourse (as appropriate).
30.3 Entry to the Existing Betting Ring at the Racecourse shall be limited to:
30.3.1 Staff who have paid the admission fee;
30.3.2 Bookmakers who have paid the admission fee and hold a valid Betting Badge for that raceday;
30.3.3 Bookmakers who make their Identification Papers available at the Badge Box for inspection on entry to the Racecourse;
30.3.4 Bookmakers who pay the Betting Administration Fee at the Badge Box; and
30.3.5 the Bookmaker Number for the relevant betting area on that particular raceday.
30.4 The Bookmaker Number for each Existing Betting Ring shall be decided by us and the Bookmaker Number for the same Existing Betting Ring may vary on different racedays. We reserve the right to vary the Bookmaker Number for each and every Existing Betting Ring as we see fit.
30.5 In addition to our rights to refuse entry to or expel any Attendee under the General Conditions, we reserve the right to refuse entry to or to expel:
30.5.1 any Bookmaker who fails to present or make available for inspection their Identification Papers when requested to do so by us, our officials or the Betting Ring Manager; or
30.5.2 any Bookmaker or Staff who has breached, or whom we, our officials or the Betting Ring Manager reasonably believe is likely to breach, any of these Special Conditions E in any other way. This may include circumstances where a Bookmaker or Staff has been expelled from another racecourse because of a breach or likelihood of breach of Special Conditions E.
Positions within Existing Betting Rings
30.6 Layout of Existing Betting Rings will be determined by us in consultation with the Betting Ring Manager from time to time.
Positions in Existing Betting Rings will be allocated by the Betting Ring Manager in accordance with the policies and procedures notified by the RCA (acting on our behalf) to the Betting Ring Manager from time to time. Details of these policies and procedures will be available to Bookmakers on the NJPC website.
Note: The polices and procedures largely reflect the previous rules relating to 'pitch' allocation under the National Pitch Rules as at 31 August 2007, and are being used for expediency until such time as more permanent arrangements are agreed and implemented. The RCA, on behalf of the Racecourse, made its intentions known in March 2007 not to recognise bookmaker's lists with effect from 1 September 2012 and has invited trade associations to have discussions on this issue. The policy and procedure relating to 'position' allocation is not to be taken as any acknowledgement or acceptance of the bookmaker's lists or list positions on the part of the Racecourse.
30.8 The allocation of positions by the Betting Ring Manager on any raceday shall be final and binding and we shall not have any liability to any Bookmaker (or Staff, where applicable) of any loss, damage or harm suffered as result of any allocation of positions or other decision by the Betting Ring Manager.
30.9 Nothing in these Special Conditions E nor any acts or omissions of the Betting Ring Manager shall or shall be deemed to create any proprietary rights or any other rights whatsoever in any position or right to be allocated a position.
30.10 Nothing in these Special Conditions E confers any tenancy or right to exclusive possession upon a Bookmaker of any part of the Racecourse (including the Existing Betting Ring) and possession of the Racecourse (including the Existing Betting Ring) is retained by us and a Bookmaker shall not be entitled to use any part of the Racecourse (including the Existing Betting Ring) to the exclusion of us or any others who are from time to time entitled.
The allocation of positions in and conduct of New Betting Areas will be entirely at our discretion.
Conduct in the Betting Areas
30.12 All Bookmakers and Staff (where appropriate) granted access to the Racecourse under these Special Conditions E must:
30.12.1 hold and maintain comprehensive and adequate public liability insurance with a reputable insurer on industry standard terms to cover a reasonable level of liability for any claim for which they become liable as a result of any loss or damage which they cause whilst present on the Racecourse;
30.12.2 comply with:
(a) The Orders and Rules of Racing;
(b) our instructions and the instructions given by our staff, our officials and the Betting Ring Manager; and
(c) all applicable laws and regulations which may apply to on-course bookmaking from time to time and all guidelines and codes of conduct which may be issued pursuant to such laws and regulations;
(d) not indulge in or be associated in any way with any practice that has, or might have, the effect of distorting artificially the betting market or starting price for any race whether by false prices on any horse or any other means.
30.13 In particular, all Bookmakers and Staff (where appropriate) must:
30.13.1 price up the odds on offer at least ten minutes before the scheduled time of a race on which he or she proposes to bet;
30.13.2 conduct bookmaking activities from a stand and equipment (including display boards) known as a joint that is compliant with the specification agreed by the RCA and Federation of Racecourse Bookmakers from time to time;
30.13.3 ensure that areas surrounding joints are kept free from clutter and, where appropriate, personal items are kept in or on the joint;
30.13.4 keep equipment used in the course of his or her business (including the joint and surrounding areas) in a clean, tidy and safe condition, free from clutter. All boxes not stored in the joint must be removed from the betting are at least thirty minutes before the scheduled time of the first race;
30.13.5 ensure that umbrellas used by the Bookmaker and his or her Staff are lowered at or before the start of any race and that umbrellas are kept lowered until the last horse racing has passed the winning post unless agreed otherwise by our official or nominated representative;
30.13.6 conduct his or herself and ensure that his or her Staff conduct themselves in a proper and seemly manner at all times and conduct business with customers and other authorised personnel in a polite and helpful manner; and
30.13.7 comply with and ensure that his or her Staff comply with any dress code in force on any particular raceday.
30.14 No Bookmaker shall dismantle his or her joint or leave the Betting Area until ten minutes after the weighed-in signal has been given in respect of any race on which he or she has an unsettled cash claim in respect of any bet at any Meeting. If, following that period, the Bookmaker has an unsettled cash claim outstanding he or she shall leave with the Betting Ring Manager:
30.14.1 the amount due to the winning customer;
30.14.2 full details of the terms of the bet;
30.14.3 details of the receipt number.
30.15 Any betting dispute that a Bookmaker is unable to resolve must be notified to the Betting Ring Manager without delay.
30.16 We shall be entitled to issue supplementary rules and guidelines from time to time relating to the activities and conduct of Bookmakers and Staff on the Racecourse. Any such rules or guidelines shall come into effect upon reasonable notice from us and shall take effect as if part of these Special Conditions E.
Mobile Telephones and Telecommunications
30.17 Use by Bookmakers of any telecommunications systems, computers or other electronic devices whether in connection with the business of bookmaking or for any other purpose and in particular for accessing and/or transacting with online or telephone betting exchanges, must be notified to the Racecourse badge box personnel on each raceday. This requirement for notification extends to the use of any third party or public wired, wireless or other electronic communications network and is not limited to online or telephone betting exchanges. Bookmakers shall not use telecommunications systems, computers or other electronic devices except as notified to us. If we have any commercial concern with a notified use, the Bookmaker shall discuss such use with us in good faith.
30.18 Any Bookmaker who uses telecommunications systems, computers or other electronic devices on the Racecourse must comply with any monitoring or inspection of the use of such devices carried out by us or our officials.
NB: The above terms 2.17 and 2.18 will be further amended following consultation, and are an interim measure only.
Breach of Special Conditions E
30.19 In addition to our rights to expel Attendees under the General Conditions of Entry, we reserve the right to expel from the Racecourse any Bookmaker or Staff who:
30.19.1 has or is likely to commit an offence;
30.19.2 has or is likely to commit a breach of these Special Conditions E;
30.19.3 behaves or is likely to behave in an unacceptable manner or unruly manner or in a manner likely to cause offence to other Attendees.
30.20 Bookmakers shall be fully liable and responsible for the conduct and actions of their Staff. Any breach of the General Conditions or these Special Conditions E by any Staff engaged by a Bookmaker shall be treated and be liable to incur the same penalties as if it were a breach by the Bookmaker him or herself.
30.21 Following any expulsion we shall consider the reason for the expulsion and we shall, at our sole discretion, decide whether any subsequent action is required. Such action may include a restriction prohibiting the expelled Bookmaker or Staff from entering the Racecourse and/or Betting Area either indefinitely or for such period of time as we deem appropriate.
30.22 We shall not have any liability or responsibility for any loss, damage or any other harm suffered or incurred by any Bookmaker or Staff arising from the admission, non-admission or expulsion of any Bookmaker or Staff from the Racecourse or the Betting Area.
30.23 Any failure or delay by us, our officials or our Betting Ring Manager to insist upon strict observance of these Special Conditions E or to exercise our rights under these Special Conditions E or at law shall not be construed as a waiver of our rights and shall not prevent us from exercising any of our rights under these Special Conditions E.
SPECIAL CONDITIONS F - CONTRACTORS, TRADES AND EXHIBITORS
31. Scope of Special Conditions F
31.1 These Special Conditions F apply to all Attendees who are not permitted to enter the Racecourse under any of the other Special Conditions but who have been permitted by the Racecourse to carry on a trade, advertise, distribute leaflets or conduct any other commercial or promotional activities on the Racecourse which would otherwise be prohibited by Condition 7.
31.2 Only those Attendees who have been granted express written permission by us to enter the Racecourse on the basis of these Special Conditions F (a Commercial Authorisation) shall be entitled to do so (Authorised Commercial Attendees). All Attendees wishing to obtain Commercial Authorisation must apply to us well in advance of the date of the fixture on which they wish to carry on a commercial or promotional activity. We shall be entitled to take a reasonable period to assess and respond to any such request and to negotiate and agree the terms of any Commercial Authorisation.
31.3 These Special Conditions F apply whether or not an Authorised Commercial Attendee holds a badge, PASS Card or other entitlement to enter the Racecourse.
32. Entitlement to Carry on a Trade, Advertise, Distribute Leaflets and Conduct other Commercial or Promotional Activities
32.1 We will grant all Commercial Authorisations in writing. Only written Commercial Authorisations will be valid and binding upon us.
32.2 All Authorised Commercial Attendees must produce satisfactory evidence of your Commercial Authorisation upon demand. We reserve the right to refuse entry to, or to expel, any Authorised Commercial Attendee who does not produce such evidence when asked to do so.
32.3 All Authorised Commercial Attendees granted access to the Racecourse under these Special Conditions F must hold and maintain, or their employers must hold and maintain, comprehensive and adequate public liability insurance with a reputable insurer on industry standard terms to cover a reasonable level of liability for any claim for which they may become liable as a result of any loss or damage which they cause whilst present on the Racecourse. We reserve the right to refuse entry to, or to expel, any Attendee admitted under these Special Conditions F who does not produce satisfactory evidence of such insurance on demand or within such period as we may determine.
32.4 Authorised Commercial Attendees must wear any form of identification issued by us to identify them as Authorised Commercial Attendees and will return any such identification upon request.
32.5 Authorised Commercial Attendees may only carry on the commercial activity expressly referred to in the relevant Commercial Authorisation and no other commercial activity. We reserve the right to limit the physical areas on the Racecourse where an Authorised Commercial Attendee may carry on commercial activity and to specify the times at which he or she may do so. We further reserve the right to make changes to the scope and other terms of any Commercial Authorisation where reasonably required for the smooth and safe operation of the Racecourse and to minimise disruption or annoyance to other Attendees.
32.6 Where we require Authorised Commercial Attendees to do so, you will demonstrate the trade and/or provide samples of the products, leaflets, advertising or other commercial or promotional materials you wish to distribute at the Racecourse. Where we grant a Commercial Authorisation to carry on a particular trade or distribute a particular product or material the relevant Authorised Commercial Attendee will ensure that the actual trade, product or material will conform with any demonstration or sample you have provided to us in advance. We shall be entitled to refuse entry to, or to expel, any Attendee where this requirement is not met.
32.7 All trades and other commercial or promotional activities carried on at the Racecourse on the terms of any Commercial Authorisation shall be carried on at the risk and liability of the relevant Authorised Commercial Attendee. We shall have no liability for any such trade, commercial or promotional activity. However, we shall be entitled to require an Authorised Commercial Attendee to reimburse us on an indemnity basis for any losses, liabilities, costs, claims or expenses we suffer or incur as a result of or in connection with any trade, commercial or promotional activity carried on by that Authorised Commercial Attendee.
ANNEX
HRA Instructions Relevant to Media
1. The attention of all Members of the Media is drawn to the HRA Instruction No. 5.2(2), namely:
1.1 Photographers may not position themselves on the racing surface or on or above the take-off or landing side of a fence or hurdle and are to remain on the outside of any running rail and are not to lean over any part of it. In addition, photographers must not stand behind any wing of a fence or hurdle or protrude a camera through any part of a wing.
1.2 Tripods and ladders must not be used before or for 45ft after a fence or hurdle. Camera support spikes may be used but must be behind the line of the running rail upright.
1.3 Photography is not to take place in the saddling boxes, parade ring, weighing room except with permission. This is only to be granted to photographers engaged in specific projects and under no circumstances is photography to take place in the official racecourse stables.
1.4 Photography inside the winners’ enclosure is to be restricted to those who are authorised by the Managing Executive.
1.5 With the exception of floodlit meetings, where special permission in specified areas may be granted, the use of flash equipment is not allowed on racecourses. Flash photography of horses when they are on the racing surface must not be permitted.
1.6 Photography of on-going medical or veterinary treatment is not permitted. Specific examples where photography is not considered acceptable, although the list is not exhaustive, include horses or riders undergoing treatment when screens have been erected, the interior of an ambulance when a patient is on board and inside designated treatment areas for both humans and equines.
2. Filming on the Racecourse is subject to contractual arrangements being in place prior to the raceday. Advance contact should be made with the racecourse managing executive to arrange the necessary accreditation.
3. The attention of all television and radio broadcasters is drawn to the HRA Instruction No. 5.1, namely:
3.1 Filming or radio interviews are not to take place on racedays in the following designated integrity areas without the prior permission of The Jockey Club: Weighing Room complex, Sampling Unit, Racecourse Stables, Judges’ Box, Stewards’ Viewing Boxes, The Start.
3.2 The sitting of television cameras and the activities of broadcasters in all other areas of the Racecourse are matters to be decided by the managing executive, who must always take into account safety, the smooth running of the meeting and ensure compliance with the requirements of paragraphs 3.4 - 3.10 (shown below).
3.3 If Jockey Club Officials consider that the activities of television crews in these areas are a threat to safety, the smooth running of the meeting or contravene paragraphs 9-16 below they will immediately inform the managing executive who will deal with the situation without delay in line with the requirements in paragraph 3.2.
3.4 The proposal to introduce any new type of tracking camera must first be cleared for safety by television companies with the Jockey Club Racing Department.
3.5 Tracking cameras must travel no less than ten yards from the side of the course or, if this is impossible no less than 50 yards in front of the leading horse. Vehicles carrying these cameras must be careful to avoid rapid acceleration or deceleration.
3.6 Any mobile camera designed to be carried by horse or rider must be authorised by the Jockey Club. A protocol for its use will then be developed by the Jockey Club with racing’s associations and the television companies.
3.7 Cameras at the start are not to be placed in such position that they will upset the horses or impede the starting procedures.
3.8 If cameras are positioned at the winning line, they must be sited so as not to interfere in any way with the photofinish mirror or the integrity cameras, or be attached to the winning post. Where facilities for cameras are limited, the integrity cameras must be given priority.
3.9 Broadcast cameras must not restrict the view of the Racecourse Stewards, Jockey Club Officials or integrity cameras.
3.10 The sitting of any cameras which encroach onto the track is to be agreed beforehand with the Inspector of Courses and the Racecourse Department.
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Published by Ascot Racecourse Ltd, September 2007
