These Terms & Conditions are intended to protect all parties by providing a better understanding of their contractual obligations in relation to booking events and meetings at the Racing Centre.
The Contract
Capitalised terms in this Contract have the meanings given in clause 2
The Contract, which consists of the Booking Form and these Terms and Conditions, does not include any other oral promises, terms or conditions. Any amendment or change to the Contract shall have no effect unless agreed, in writing by both parties.
The Contract sets out the agreement between The Racing Centre and the Client for a specific booking, or block of bookings, for an Event or Events including Facilities hire at The Racing Centre.
Definitions
The Contract means these Terms and Conditions and the Booking Form, which together set out the agreement between the Racing Centre and the Client for a specific booking, or block of bookings, for an Event or Events including Facilities hire at the Racing Centre.
‘The Racing Centre, “we’ or “us” as the context demands, means the Racing Centre as defined above. ‘
The Client, and “you” as the context demands, means the organising body, company or person responsible for commissioning of and payment for the Facilities and Event.
The Guest is any person or group of people using the Racing Centre as a guest, participant or spectator of the Client.
The Booking Form means the document containing all the Event details.
Cancellation Date means the Working Day on which the Racing Centre receives written notice of cancellation.
Community Members means anyone who is a registered member of the Racing Centre.
The Facilities means the Racing Centre facilities or rooms specified in the Booking Form.
The Event means the event specified in the Booking Form
Racing Staff means Stud and Stable staff working in the Racing Industry in Newmarket
Trainer means any horse racing yard trainer
Working Day means Monday to Friday inclusive
The Booking
The Contract is between The Racing Centre and the Client, and not any other person or organisation for whom the Client books Events, hospitality and/or Facilities.
The Client shall provide the Racing Centre with details of the Event, including names of Guests and purpose of the Event, upon request.
The final details of the Event, including number of Guests, hospitality requests, special equipment requests, Facilities hire, must be confirmed at least 10 Working Days before the Event.
All correspondence in relation to the Contract should be marked for the attention of the Centre Manager at the Racing Centre (‘the Centre Manager”) The Centre Manager has the right to refuse or accept a Client booking.
Securing the booking
The Racing Centre will secure the Client’s booking only on the basis of: the payment by the Client of a £50 security deposit per booking and a signed Booking Form completed at the point of deposit.
The deposit will be returned to the Client within 7 days of the Event taking place, unless the Client damages any of the Facilities or property of the Racing Centre, in which case charges may be deducted from the deposit in accordance with the cancellation clause below.
Block bookings of facilities
Where the booking is a block booking, the Client must indicate: the number of weeks required on behalf of the Client; the name and contact details of the person running the session on behalf of the Client.
Charges and payment
When the Client secures a booking by signing the Booking Form, it agrees to pay all the charges for Facilities, catering, entertainment and any other services arising under this Contract.
The Client also agrees to pay the Racing Centre for any food and beverages or other goods and/or services not provided in the Booking Form but agreed and authorised in writing by an authorised representative of the Racing Centre, and made available upon request of the Client on the day of the Event.
Charges for Racing Staff and Trainers
Racing Staff and Trainers may book the Facilities, for their own use and that of their direct family, at no cost. The Racing Centre may, however, charge an amount to cover reasonable set-up and ancillary administrative costs.
Subsidised Charges for Community Members
Community Members may book Facilities, for themselves and direct family members, at a subsidised rate, to be discussed at time of booking.
Price variation
In the event of circumstances beyond the Racing Centre’s control (including, but not limited to, increases in the standard rate of VAT), the Racing Centre reserves the right to vary the prices specified in the Contract to reflect such circumstances.
The Racing Centre reserves the right to increase all Event and Facilities charges and shall provide a minimum of 2 months’ notice to the Client. The Client shall be liable to pay the increased charge for any subsequent use of the Facilities.
Any changes in the booking, required by the Client, must be notified to the Racing Centre in writing. The Racing Centre reserves the right to amend its charges for any variations in the Client’s booking. The Racing Centre also reserves the right to specify a minimum charge for an Event, to cover basic running costs of the Event.
Variations to the booking
If you require additional Facilities and/ or hospitality above the details stated on the Booking Form, you should contact the Racing Centre as soon as possible to discuss additional needs, and then confirm your request in writing. We will use our best, reasonable endeavours to provide the additional Facilities and/or services, but cannot guarantee we will be able to meet your requests. We will respond in writing confirming the additional arrangements we have made for you (and, where applicable, the additional charges).
The Racing Centre reserves the right to charge the Client additional charges for damage to the Facilities, damage or loss to the property and/or equipment of the Racing Centre and the use of special equipment, additional electricity, the import of additional seating / staging or any labour charge over and above the normal staffing levels
Paying your invoice
The Racing Centre will invoice the Client within 7 Working Days of the booking being secured for all associated charges. If the booking is for the hire of a Facility or hospitality the Client will receive one (1) invoice. If the booking is for the hire of a Facility and hospitality the Client will receive two (2) separate invoices to be paid separately.
The Client shall pay the invoice in sterling, to the address shown on the invoice, 30 days prior to the date of the Event. The Client agrees to pay any bank charges involved in making the payment.
If you do not pay the invoice in full 30 days prior to the date of the Event, or as otherwise agreed in writing, you will be issued with one (1) Reminder of Payment. If you do not make full payment within the time period specified on the Reminder of Payment, your booking will be cancelled and the Racing Centre may retain your deposit.
Credit Checks
The Racing Centre will only extend credit facilities to Clients if an approved credit account has been established and approved. We reserve the right to carry out a credit check at any time, to be satisfied that you will be able to meet the charges due. If, at any time we are not reasonably satisfied that you will be able to meet the charges, we have the right to cancel your booking unless you pay a deposit, or pay all or part of the charges in advance, such requests and arrangements to be at our discretion.
Deposit Return
The deposit provided by the Client, will be fully refunded within 7 days of the Event subject to the following:
• The Client and / or their Guests did not inflict damage to the Facilities, or direct or indirect damage to any equipment during the Event, including delivery or collection of items by third parties.
• The Client shall be responsible for any loss of revenue caused directly or indirectly by such damage. If the amount of damage or loss of property or equipment belonging to The Racing Centre exceeds the deposit stated in this Contract, the associated costs of fixing or replacing said equipment will be charged fully to the Client. The deposit will also be withheld if any significant additional cleaning charges are required after the Event (including but not limited to spillages and sickness).
Cancellation
Cancellation of all or part of the booking by the Client.
In the unfortunate circumstance that you need to cancel part or all of your confirmed booking at any time prior to the Event, you must advise the Racing Centre, as soon as possible, in the first instance verbally and then in writing. In such circumstances, your deposit will be retained by the Racing Centre, but the remainder of your payment, less a Cancellation Charge, as calculated below, chargeable to you, will be returned to you within 14 working days of the written request.
Where Facilities are booked on a regular basis (that is, at least one booking per month for a period of at least six months, booked in a single transaction) , cancellations must be paid for in full, unless notified in writing to the Racing Centre at least 14 days prior to the date of the Event, in which case only costs actually incurred by the Racing Centre will be charged to the Client. If multiple sessions are cancelled 30 days’ notice is required.
Cancellation Charge
Subject to the above, the calculation of the cancellation charge will be as follows and represents the genuine pre-estimated loss of the Racing Centre’s loss and opportunity cost in such circumstances, and you will not seek to challenge or avoid paying such cancellation charge:
• Cancellation any time up to 180 days of the Event booking date – no cancellation charge
• Cancellation between 90 and 180 days of the Event booking date – 15% of the Basic Event Cost
• Cancellation between 30 and 90 days of the Event booking date – 25% of the Basic Event Cost
• Cancellation any time up to 30 days of the Event booking date – 50% of the Basic Event Cost
For the purpose of this Agreement, the Basic Event Cost shall mean the cost specified in the Booking Form for the Facilities hire, except that where the cancellation is within 24 hours of the event, the Client may also be required to pay the cost of any catering and/or hospitality booked and arranged by the Racing Centre on behlf of the Client.
Changes or cancellation by the Racing Centre
The Racing Centre may cancel the Booking, and any future bookings, if: (i) the Client’s payments are more than 14 days in arrears; (ii) the Client becomes insolvent or enters into liquidation or administration; (iii) the Client’s booking is causing or may cause damage to the reputation of the Racing Centre, in which case we will refund all advance payments but have no further liability to the Client.
We have the right to alter or cancel a booking that we cannot keep for reasons that are beyond our control. If this happens we will use all reasonable endeavours to offer you an alternative. The Racing Centre shall not be liable for any other expenditure incurred or loss sustained, whether directly or indirectly by the Client arising from the cancellation. Notwithstanding this, the Racing Centre will use its best endeavours to ensure that reasonable notification of the cancelation is given to the Client.
We reserve the right, without prior notice, to change the Client’s assigned function room for one of equal suitability if we have reasonable commercial or operational reasons for doing so (including, but not limited to, the carrying out of works on the relevant room).
Terms and Period of Hire
The Racing Centre shall not be used by the Client for periods longer than stated on the signed Booking Form. If in contravention of this clause, the Client will be charged for the excess period at the current rate for hire of the Facility.
Access to Facilities for set up the night prior to the Event cannot be guaranteed and is subject to availability. Where possible, we will accommodate your request free of charge.
The Client may not sub-let Facilities without the Centre Manager’s written permission.
The Centre and Duty Manager shall, at all times have access to, and access from, the Racing Centre and instructions must be given by the Client to permit such access.
It is the Client’s responsibility to ensure that all fixtures and fittings, and portable equipment provided are used correctly, and that any faults or damages occurring during the booking period are reported to the Centre Manager. Portable electrical equipment is not permitted on the property without prior consent in writing to the Centre Manager. It is the Client’s responsibility to ensure such equipment conforms to Electricity at Work Regulations.
Seating must not be re-arranged, or added to, without prior consent of the Duty Manager. All door entrances, corridors and exists must be kept clear at all times and ready for use in an emergency.
Only food and drink purchased on the Racing Centre premises or provided by the Racing Centre for consumption at the Event, may be consumed by the Client and Guests on the premises, unless previously agreed in writing by the Racing Centre prior to the Event taking place. A reasonable corkage may be charged to the Client for any beverage provided by the Client and consume on Racing Centre premises.
Health and Safety
The Client shall ensure they have fully familiarised themselves with the Racing Centre’s Health & Safety procedures (including but not limited to fire and other evacuation procedures), within the premises.
At the commencement of all spectator events, the Client must make the following announcement: “In the interest of Public Health & Safety, there will be NO SMOKING permitted within the building”.
No article of dangerous or offensive character or any flammable materials shall be bought onto the property.
Should it be necessary to evacuate the building, (including but not limited to, in the event of an emergency), the Client shall obey the instructions of the Racing Centre’s authorised fire officer and fire and evacuation procedures prominently displayed in the premises.
The Client will be responsible for paying the security callout fee if the security alarm system, or fire alarm system are triggered due to unauthorised use, access or egress in any part of The Racing Centre, where the alarms are false alarms and are caused negligently or deliberately.
General
Children
The Client is responsible for the efficient supervision of its Guests, including effective control of children and departure of Guests to and from The Racing Centre.
Please refer to the Racing Centre’s Children Policy, which is available upon request.
Bouncy Castle
The Bouncy Castle is for use by children up to 12 years of age. It is the Client’s responsibility to ensure adequate supervision of children using the Bouncy Castle for the duration of the Event, ensuring no more than 10 children under 5ft use the Bouncy Castle at any one time, or no more than 6 children over 5ft use the Bouncy Castle at any one time. Use of the Bouncy Castle shall be at the Client’s sole responsibility. The Racing Centre shall not be liable for any accident occurring as a result of the use of the Bouncy Castle.
Animals and pets
No animals or pets of any kind, except guide dogs, are allowed inside the Racing Centre’s premises unless approved by the Centre or Duty Manager.
Drugs and Alcohol
The Racing Centre has a zero tolerance for drug use on its premises and any Client or Guest of a client found to be under the influence of drugs or in the possession of illegal substances will be asked to leave the premises immediately and the Racing Centre reserves the right to require the Client to leave. The Racing Centre also reserves the right to inform the appropriate authorities if it becomes aware of illegal drug use or possession on its premises.
Services provided by other parties
You must obtain prior written authorisation from the Racing Centre Manager for any externally arranged entertainment, services or activities arranged by you, to be allowed on to the Premises. The Racing Centre cannot accept liability for any resulting cost.
Behaviour on our premises
You shall ensure that you and your guests will behave in such a way that they do not cause a nuisance or unreasonable disruption to The Racing Centre, our employees or to anyone else using The Racing Centre.
Should the Client or any of its Guests appear to be unable to alter any aspect of behaviour which is unacceptable to us, we reserve the right to remove them from the property and put in place a permanent or semi-permanent restriction of access to The Racing Centre.
Car Park
The Car Park is available to Members of The Racing Centre only while they are using the facilities and services on offer and whilst the Racing Centre will use its reasonable endeavours to provide such a car parking space to the Client, it cannot guarantee availability due to limited physical spaces.
Liability
Nothing in these terms and conditions shall exclude any liability for death or personal injury resulting from a party’s negligence.
The Client shall be responsible to the Racing Centre for any damage caused to the Racing Centre’s Facilities or equipment by any act, default or negligence of the Client or its Guests and the Client shall pay to the Racing Centre, on request, the amount required to make good or remedy any such damage.
The Racing Centre is not liable for theft, loss or damage to any items brought onto the property by the Client or the Client’s Guests. This includes vehicles left in the car park and possessions left in the changing rooms, and lockers.
In no circumstance shall The Racing Centre be liable, in Contract, in tort or otherwise for any indirect, incidental or consequential loss suffered by the Client or Guests. Consequential losses shall include; loss of profit, goodwill or any other financial loss, any payment made or due to a third party, and any loss or damage caused to any property belonging to you or any third party. If, notwithstanding the above liability provisions The Racing Centre is found liable for any loss or damage suffered by you, that liability shall in no event exceed the booking charges.
10. Using our name without permission
The Racing Centre prohibits the distribution of correspondence of events taking place at the property, unless The Racing Centre logo is made apparent, material has been approved in writing by the Centre Manager and the material is for the purpose of the Event only.
No nail or fastening of any kind of advertisement may be placed in or on any part of The Racing Centre without the prior written consent of the manager
11. Third Party Rights
A person who is not a party to this Contract has no rights under the Contract (Rights of Third Parties) Act 1999, (as amended) to enforce any term of the Contract.
12. Governing law
English Law
The Contact shall be governed in accordance with English Law and the Client and the Racing Centre submit to the exclusive jurisdiction of the English Courts in respect of any controversy or claim arising out of or in connection with the Contract.
The Racing Centre
Fred Archer Way
Newmarket
Suffolk
CB88NT
Tel: 01638 662828
Email: reception@theracingcentre.org
