Terms & Conditions
Tomlinson Racing (the “Racing Club”)
Membership Acknowledgement
1.0 Membership is solely for personal enjoyment, recreation and entertainment and is not an investment opportunity.
Membership Period
2.0 Membership of the Racing Club shall commence from the date of this Agreement (conditional upon payment of the Membership Fee in full as per this Agreement) and will continue for 12 months, subject to the other terms and conditions of this Agreement (the “Membership Period”).
2.1 Each Member’s membership will cease at the end of the Membership Period, in accordance with the Terms and Conditions attached. Should a Member choose to cancel, their membership will expire automatically at the time of cancellation.
2.2 Members may cancel their membership at any point during the Membership Period by cancelling directly via email to the clubs email. If the Member cancels per the foregoing, (a) the Member will forgo their Membership Fee; (b) this Agreement will automatically be terminated and be deemed null and void, and (c) the Member shall not be entitled to any Membership Benefits arising before or after the cancellation and termination of this Agreement.
2.3 Further to the rights provided under the consumer legislation, each Member can cancel their membership to the Racing Club by notifying the Club Manager in writing within 14 days of paying the Membership Fee. If the Member cancels per the foregoing, (a) the Club Manager will refund the Member their Membership fee in full; (b) this Agreement will automatically be terminated and be deemed null and void, and (c) the Member shall not be entitled to any Membership Benefits arising before or after the cancellation and termination of this Agreement.
Membership Fee
3.0 The cost of membership for the Membership Period is £30.00 (single) and £50.00 (dual) and must be paid in full before the membership can commence (the “Membership Fee”). The Membership Fee is all-inclusive, and Members will not be required to pay any additional amount in respect of their membership during the Membership Period. The Racing Club will pay for any costs relating to the Horse(s).
Membership Benefits
4.0 Benefits of membership to the Tomlinson Racing including but are not limited to:-
- First chance to purchase any shares made available in Tomlinson Racing Horses.
- Entered into a draw for an Owners ticket in a horse sponsored by Tomlinson Racing.
- At least two horses running in the club colours.(Subject to fitness/and race availability.
- Added to the exclusive Tomlinson Racing Facebook Group.
- Regular updates, including pictures and videos of the club horses.
- Draws for race day badges whenever we have a runner. (subject to availability).
- Visits to the yard to meet the horses. (Transport not included)
- Tomlinson Racing Merchandise
- Pre and post-race thoughts from the yard for each of our runners.
Excluded Benefits
5.0 The Members shall have no entitlement to any rights or benefits relating to the Horse(s) other than the Membership Benefits as set out above. Examples of benefits to which the Members will have no entitlement include the following:
- any ownership rights in the Horse(s);
- any income raised by Tomlinson Racing.
- any revenue generated by a Horse after it has been sold or otherwise transferred by the Racing Club;
- any prize or payment made by the horse at race day.
- any income or revenue generated by the Racing Club that is unrelated to the Horse(s);
- any sponsorship income relating to the Horse(s) or Tomlinson Racing
Any of the above Excluded Benefits received by the Racing Club shall be retained by the Racing Club. The Members shall have no rights therein.
Horses
6.1 Any decisions in regards to the management, training, sale or retirement of any of the club horses is strictly that of the Tomlinson Racing Director and the trainer.
Early Termination
7.0 Tomlinson Racing may terminate this Agreement (and the membership of the Member) with immediate effect if:
- the Member is declared bankrupt;
- the Member is banned or ‘warned off’ by the BHA; iii. the Member breaches (in a material respect) any of the provisions of this Agreement and, after being given a final written warning, commits a further breach; iv. the Member commits any criminal act with respect to any other Member or the Racing Club; or v. the Member makes any defamatory or derogatory statement, or does any act or thing, that damages the goodwill or reputation of the Tomlinson Racing or the racing industry, in each case where (in the reasonable opinion of the Tomlinson Racing) the context is sufficiently serious or damaging to justify immediate termination.
Badges & Racecourse Attendance
8.0 When a Horse is running, Members wishing to attend can apply to Tomlinson Racing for an ‘owners’ badge via email. The Members acknowledge that the number of available badges is limited and may also differ by the racecourse and by race day, and that Tomlinson Racing may not be able to get badges for all the Members wishing to attend. Where the Tomlinson Racing has lots of Members, it is highly unlikely that badges will be available for all those wishing to attend, in which case Tomlinson Racing shall run a ballot and relay to the applying Members which of them were successful. Any successful Members agree to comply with any other restrictions in force at the racecourse on that day (for example, a limit on the numbers allowed into the parade ring/paddock), or which are relayed by Tomlinson Racing.
8.1 Any Member who does not get an ‘owners’ badge may not enter the parade ring/paddock. No Member (even those who receive a badge) may enter any unauthorised area of the racecourse.
8.2 All Members attending the racecourse shall behave responsibly and appropriately and shall comply with the rules and requirements applying at that racecourse, including without limitation with respect to any dress code.
General
9.0 Each Member undertakes that they shall not use, divulge or communicate to any person (except to their professional advisers or as may be required by law or any legal or regulatory authority) the terms of this Agreement or any confidential information concerning the affairs of the Tomlinson Racing.
9.1 If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable, and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
9.2 Any variation of this Agreement shall be in writing and signed by or on behalf of all the parties to this Agreement. .5 No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
9.3 Rights and remedies arising hereunder are cumulative and do not exclude rights and remedies provided by law.
9.4 This Agreement constitutes the whole Agreement between the parties and supersedes any previous arrangement, understanding or Agreement between them relating to the subject matter they cover.
9.5 This Agreement is personal to the parties hereto (and their successors and heirs), and no third party has any rights to enforce any of its terms.
9.6 Tomlinson Racing shall not assign, transfer or delegate any of their rights or obligations under this Agreement.
9.7 This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
9.8 This Agreement shall be governed by English law, Tomlinson Racing and each Member irrevocably agrees that the courts of London, England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter.
9.9 This Agreement has been entered into on the last page of this Agreement (“Agreement To Be Legally Bound”).
