Terms and Conditions of Membership
Lycett Racing 100 Club (herein after referred to as ‘The Club’) confers on the member – for the duration of their membership – certain benefits associated with The Club’s ownership of horses currently in training. The benefits are detailed below in the following Terms of Membership:
The Club Manager shall be Lycett Racing Limited, acting through such authorized individuals as it may from time to time appoint.
Distributable Funds shall be prize money won by Horses being run by the Club (after deductions of all costs and expenses associated with running the Horses, including but not limited to Weatherby’s deductions, VAT, Trainers’ fees and racing admin fees).
Horses/Horse shall mean any horse racing under the Club’s colours.
Member shall be an individual who has been accepted to the Club’s membership.
Members’ Prize Fund shall be a fund comprising of 25% of the Distributable Funds.
Minimum Payable Sum shall be £300, that being 12 months of the Subscription Fee at the discounted rate.
The Subscription Fee shall be £25 per month at the discounted rate.
The Trainer(s) shall be the individual or entity appointed by the Club Manager, at their sole discretion, to train the Horses.
1. MEMBERSHIP APPLICATIONS AND SUBSCRIPTIONS
- A prospective Member shall apply for membership when he or she confirms to the Club Manager his or her consent to the terms of the Club and provides the relevant completed mandate for payment of the Subscription Fee by Direct Debit.
- The Club Manager shall consider each application for membership, and at their sole discretion determine whether to accept the prospective Member’s application for membership. The Club Manager reserves the right to refuse membership to any individual.
- Membership is effective for a minimum period of 12 months from the date acceptance of an application for membership by the Club Manager.
- The Subscription Fee shall be paid in advance monthly via Direct Debit, taken on the first of every month.
- The Subscription Fee may also be paid by one payment of £300, accounting for one year of membership.
- Upon completion of the initial 12-month period, the membership will automatically renew. Monthly payments will continue to be taken at the standard rate of £50 until the Member serves notice to terminate the membership in accordance with these terms.
- Membership of the Club is strictly for pleasure and entertainment purposes only and must not be regarded as an opportunity for investment or financial gain of any manner.
- Membership will be capped at a maximum of 200 Members.
- Members must be aged 18 or over at the date of their membership application.
- The Club will aim to have a minimum of three Horses at any one time running under the Club colours. If one of these three Horses is unable to race for any reason, the Club Manager will endeavor to source a suitable replacement for that horse as soon as is reasonably practicable.
2. MANAGEMENT AND ADMINISTRATION OF THE CLUB
- All decisions in relation to the management, running and training of Horses are solely the responsibility of the Trainer and the Club Manager.
- All decisions relating to the management and administration of the Club shall be made by the Club Manager.
- The Club Manager shall be nominated to be the Club’s representative to all relevant bodies. The Club Manager shall be entitled to claim all monies and benefits won by the Horses and they agree to hold and distribute them in accordance with these terms.
- Members shall have no voting rights in respect of the management of the Horses.
3. OWNERSHIP OF THE HORSES
- The Club shall be registered as the owner of the Horses with Weatherby’s and the BHA.
- Members expressly agree and acknowledge that they will have no beneficial interest or legal rights in the Horses either individually or collectively. Members agree that any title or interest they do acquire in the Horses, in any circumstances whatsoever, is held on trust for Lycett Racing Limited (“Lycett”) and will be assigned to Lycett on request.
- Members do not own a share of the Horses and have no financial interest in the Horses or income generated by the Horses other than that stated in these Terms & Conditions.
4. STABLE VISITS
- Members will be entitled to attend visits to the Trainer’s yard. Those visits are expressly by invitation only and must be pre-arranged through the Club Manager.
- Visits to the trainer’s yard will be on set dates.
- Members will be offered the opportunity to attend stable visits at all our yards, regardless of the proximity to their location.
- The proposed format of each stable visit will be very similar, but the actual format on the day may vary due to factors such as weather conditions, staffing availability etc.
- Photography (without flash) is usually allowed within the stable environment but decisions on the day will be left to the discretion of the Yard staff.
- Members must adhere to the rules and code of conduct in the Trainer’s yard at all times. Members are asked to familiarize themselves with the rules of the yard. Food must not be consumed within the proximity of any horses and smoking and/or consumption of alcohol is prohibited.
- Members (and any party attending with them, with prior consent) must conduct themselves in a sensible and appropriate manner. Members acknowledge that if they cause injury, loss or damage to property whilst at the premises of the trainer, they will be held responsible for that loss.
- Members who appear to be intoxicated will be asked to leave the Trainer’s yard immediately and may risk having their membership revoked.
- Most visits will be free of charge to members but may include optional aspects that are chargeable, in advance (such as overnight accommodation, lunches etc.). Where these chargeable options are available, members will be given sufficient information and notice and are not obliged to partake in these aspects if they do not wish to do so.
- Members may request to bring along a guest/s, but this request must be made in advance and authorised by the Club. Whilst the Club will endeavor to meet all reasonable requests, in some circumstances additional guests may not be allowed due to limitations set by the yard and in such cases, the decision given must be adhered to.
5. ATTENDANCE AT RACE DAYS AND/OR SOCIAL EVENTS
- Due to the various locations of our Trainers’ yards, the Horses are likely to race at different Racecourses throughout the UK and Ireland. Stable location does not restrict our Trainers’ decisions regarding which races to enter the horses in. The Club will not be able to guarantee that the Horses will run at courses local to the yards.
- If a member wishes to attend a race where one of the Horses are running, they may apply for a free badge. To do this, the member must apply via the form on The Club’s website, or alternatively send an email to email@example.com, stating which date and course they would like to attend within 24 hours of the race.
- Wherever possible, the Club will seek to obtain for its members free entry to the racecourse whenever the Horses are running. Due to the restrictions regarding the number of owners’ badges available at each course, this may not always be possible. In these cases, Members who have applied to attend a race will be entered into a ballot to receive free badges and these will be allocated as fairly as possible. Additional badges may be available to purchase, sometimes at a discounted rate.
- The Member may not re-sell or transfer a ticket and tickets cannot be returned for a full or partial refund under any circumstances.
- If the Horse is successful in the race, Members in attendance at the course will be eligible to join the Horse, jockey, Trainer and other members in the winner’s enclosure to celebrate together and partake in photo opportunities.
- It is the responsibility of the Member to adhere to the relevant dress code and code of conduct expected by each racecourse and venue.
- By attending an event, the Member gives the Club their consent to use their images or likeness in any live or recorded video, photograph, publicity material or website.
- Events are subject to cancellation at short notice. The Club shall not be responsible if any event is affected by weather or any other reason beyond its control. The Club/event venue reserves the right to cancel or abandon any event without further notice and without being liable to pay any compensation or refund to Members. Where tickets have been purchased by members for themselves and/or guests, refunds will be made at the discretion of the venue.
6. UPDATES AND INFORMATION
- The Club will endeavor to keep Members informed regularly of any news, progress, successes and general information regarding the Horses and may also from time-to-time include additional information or offers that the Club deems relevant or of interest to Members. These updates will be sent via email. On application to the Club, Members will be required to sign-up to the mailing list in order to receive these (in accordance with current data protection regulations).
- E-mail newsletters will be received by all Members on a quarterly basis. From time-to-time The Club may recognise a need to send out information via an additional newsletter.
- Members will receive access to a log-in area of the Club’s website which will enable them to access various other sources of information that may be of interest to them. NB: This area of the website is currently under construction but log-in details will be sent out to Members as soon as it is available for use.
- Exclusive information may also be made available to Members via social media feeds (primarily via WhatsApp). Members will be required to sign-up to the relevant feeds/groups in order to receive this information.
- When the Club has a Horse in a race, the Club will endeavor to keep members up to date with Trainer information regarding the winning chances of the Horse. This will be done by email / website / social media. This information must not, under any circumstances, be conveyed to third parties.
- Members may choose to unsubscribe from these mailings and updates at any time by emailing firstname.lastname@example.org however by doing so, members must recognize that this may restrict the Club from providing the full benefits of their membership.
- The sport of horseracing is unpredictable. Any information conveyed to Members is provided for anecdotal and entertainment purposes only. The Club, the Club Manager and the Trainer do not recommend that the Member take any course of action in reliance upon any information imparted to the Member. The Club, the Club Manager and the Trainer accept no liability for any loss caused to the Member if, against advice given in these terms, the Member takes any course of action relying on that information.
7. PRIZE MONEY
- The Member’s Prize Fund shall be distributed on an annual basis to all Members.
- All fully paid-up Members will receive 0.5% (1/200) of the Members Prize Fund attained during the period of their subscription.
- The amount of money due to Members will be calculated on a pro-rata basis, based on the start date of membership. For example, The Club’s financial year starts on 1st October, therefore any Member joining in the period between 1st November-30th September will be due the pro-rata percentage equivalent.
- Any money due will be distributed at the end of the financial year in which they were received to The Club by Weatherby’s.
- All monies due will be received by Members into their nominated bank account within 8 weeks of the end of the financial year.
8. TERMINATION RIGHTS
- The Club Manager may (without prejudice to any other rights) terminate the Member’s membership of the Club immediately if any of the following events occur:-
- The Member fails to pay the Subscription Fee (or any part of it) as it falls due;
- The Member commits a breach of any provision of these terms which is, in the Club Manager’s opinion, a serious or irremediable breach;
- The Member, in the Club Manager’s opinion, commits any act which brings the Club into disrepute, including but not limited to failure to adhere to the rules of a racecourse, receiving a ban from attending any racecourse, causing distress, offence or embarrassment to or defaming any other Member of the Club, the Club Manager or Trainer, or any of their staff; or
- The Member enters into a formal or informal insolvency process.
- In the event that the Club Manager elects to terminate the Member’s membership pursuant to this clause, the Member shall remain liable to pay the balance of any of the Minimum Payable Sum which has not already been paid by the Member.
- Any failure or delay by the Club Manager to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
9. DISSOLUTION OF THE CLUB
- If at any time the Club Manager thinks it desirable to permanently cease the running of the Club he shall give Members 28 days written notice of his intention to dissolve the Club. Upon cessation of the activities of the Club the Member’s membership shall terminate and their obligation to pay the Subscription Fee shall cease. Where the Subscription Fee has been paid in advance, the Member shall receive a proportionate refund. The Prize Money Fund shall be distributed in accordance with these terms.
- Save as is provided for by these Terms, each Member’s total liability pursuant to this Agreement shall be capped at £1 and they shall have no personal responsibility for the settlement of the Club’s debts and liabilities beyond the amount that they are liable to contribute pursuant to this clause.
- The Club’s total liability pursuant to this Agreement in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement and howsoever arising will be the total sum paid by the Member to the Club pursuant to these Terms. The Member further agrees that the Club shall have no liability to it for any loss, howsoever caused, in respect of loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill and indirect or consequential loss. Nothing in this clause shall limit any liability which cannot legally be limited, including any liability for fraud or for personal injury.
11. CANCELLATION RIGHTS
- If a Member changes their mind within 14 days of signing up to a membership subscription then they are entitled to cancel this subscription according to the current consumer legislation. In such circumstances they must notify The Club Manager via a written letter stating their desire to cancel. This letter must be received by the Club Manager via email or post at the addresses listed on the end of these Terms within the 14-day window, and the member will be entitled to a full refund of any monies already taken.
- If a member chooses to cancel their subscription after the 14 day period, but before they have completed a full 12-month period then they will still be liable to pay the total annual subscription amount of £300.
- A Member may cancel their subscription at any time after the initial 12 month period has elapsed, by giving one month’s notice in writing of their intention to terminate their subscription to the Club Manager at the address listed at the end of these Terms.
- If a member believes that they are not receiving the advertised benefits of their membership, they are encouraged to contact The Club to discuss this. In the unlikely possibility that an amicable agreement cannot be reached between the member and The Club, then members can seek further advice from their local Citizens Advice Bureau or Trading Standards Office.
- Members may not sell, gift or transfer their membership to the Club.
- The agreement between the Member and the Club and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the agreement or its subject matter or formation.
- The Club reserves the right to amend these Terms.