RACING CLUB TERMS & CONDITIONS
The Fairfax & Favor Limited Racing Club - Terms and Conditions
1. Interpretation
The following definitions and interpretations shall apply in these Terms and Conditions:
"Applicant": Those who intend to purchase a Membership in the Fairfax & Favor Racing Club.
"Organiser": Fairfax & Favor Ltd
“The Horses”: The horses forming the 3 selected to be those competing for the Fairfax & Favor Racing Club
"Membership": The purchase and confirmation of acceptance of a single (one) yearly membership in the Fairfax & Favor Racing Club via the Fairfax & Favor website. The price shall be, at the time of writing, two hundred and ninety nine pounds sterling (£299).
"Yearly Membership": A single (one) yearly membership in the Racing Club
"Purchase Date": 1st September 2023 onwards
"Membership Start Date": 1st October 2023
"Membership End Date": 30th September 2024
“Racing Club”: The group of successful and fully paid Applicants holding a Yearly Membership in the Horse.
These terms and conditions apply to the purchase process of a yearly Membership in the Fairfax & Favor Racing Club relating to the Organiser’s ownership of the Horses.
2. Fairfax & Favor Racing Club Membership
2.1 Fairfax & Favor Racing Club Membership Benefits will include:
A certificate of Membership for the year.
A gift bag containing Racing Club official products as well as other items that the Organiser sees fit and appropriate to include.
A meet the Horse(s) / Trainer day at Narford Hall (Fairfax and Favor HQ).
An invitation to a day at the gallops at the yards or otherwise determined locations for the trainers of the Horses.
The chance to go racing as an “Owner” and enjoy the “Owner and Trainer” facilities.
Your share of any Prize Money.
Early access to new products on the "Coming Soon" page of the Organiser's website.
Access to the Racing Manager App to get regular updates on Mayheblucky and the other Horse(s) that will be part of the club.
2.2 Membership in the Racing Club will at no time confer any ownership (title) of the Horses. Title of the Horses at all times shall remain with the Organiser.
2.3 The Organiser shall have full discretion over the training / racing program for the Horses.
2.4 Racing Club Membership will be limited to six hundred (600) members who will be deemed applicable by the purchase and acceptance of a Membership from the Organiser's website.
2.5 The opportunity to go racing as an owner will only be for races in which one, two or all of the Horses are running and competing.
2.6 Racing Club Members will show their intent to be considered for an owner's badge by entering a ballot each time owners badges are available. Contact will be made through the Organiser’s Customer Service Team to notify members of race days as soon as they are agreed.
2.7 Each Member may only attend (one) event as an “Owner”. Only the successful Applicant may attend as an Owner, and Owner's badges are not transferable
2.8 The prize money shall be divided equally after other deductions for the Jockey of the Horses and Trainer's deductions. This shall be equal to one six-hundreth (1; 600th; 1/600) of the remaining prize money won by the Horses.
2.9 At the latest any prize money will be calculated by the end of the year following the Membership End Date.
2.10 Yearly Memberships are non-transferable.
3. Application for Membership of the Fairfax & Favor Racing Club
3.1 Applications for and purchases of Membership to the Fairfax & Favor Racing Club must be made through the relevant Fairfax & Favor website page through the “Membership” page.
3.2 Eligibility Criteria:
To be eligible for Membership Entrants must be:
Over 18 years of age as of the Start Date
Purchase is open to those who are resident in the UK: England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of man, and/ or to those who have a BFPO address as of the Start Date
The ballot is open to those who are resident in Ireland
Applicants are eligible to hold a yearly membership in a Racehorse, and are not barred by law or otherwise from holding a yearly membership in the Horses.
Applicants must satisfy all Eligibility Criteria to be a Member at the time of purchase.
3.3 Any Applicant, Member or purchase which does not meet the Entry Criteria will be considered invalid and will not be accepted or Membership revoked at the time the ineligibility is discovered. If the breach is discovered after payment and acceptance of the Membership fee then no refund will be made.
3.4 Purchase of the Membership, or otherwise acting as an Applicant, does not guarantee a yearly membership in the Racing Club.
3.5 Each Applicant may only purchase one Membership. No bulk, mass or third party purchases will be accepted and duplicate / multiple purchases will be considered invalid.
3.6 Each successful purchase and acceptance of a Membership will be limited to one (1) Yearly Membership in the Fairfax & Favor Racing Club.
3.7 All purchases must be made between the between Membership Start Date to the Membership End Date inclusive. Any purchases outside this period will be considered invalid.
3.8 Those successful Members making a purchase of the Membership will be sent an email notification with information on how to purchase their Yearly Membership through the Organiser's website which, for the avoidance of doubt, is www.fairfaxandfavor.com.
3.9 All notification emails will be sent on the day after the End Date. Applicants hold the responsibility to check their emails after submission of their Application following the End Date.
3.10 It is the Member's responsibility to ensure that their email address is accurate at the time of purchase, as no changes to the submitted email address will be permitted.
3.11 In the event of any dispute the Organiser’s decision is final.
3.12 If Memberships remain unfilled at the Membership Start Date, these shall be made available for general sale on the Organiser's website.
3.13 Any Members who are offered the chance to purchase a Yearly Membership must complete the purchase and pay in full within 48 hours of the offer being made. For the avoidance of doubt please refer to 3.9 – 3.12 inclusive.
4. General
4.1 Purchase of a Membership will be taken as acceptance of these terms and conditions as final and binding. Purchases which are not in accordance with the terms and conditions will be disqualified.
4.2 No responsibility is accepted by the Organiser for late or lost Purchases.
4.3 It is the sole responsibility of the Member to check their email account by, on and after the Membership Start Date.
4.4 The Organiser reserves the right to cancel, change, suspend or modify these terms and conditions at any time and for any reason with or without notice.
4.5 These terms and conditions are governed by English law and shall be subject to the exclusive jurisdiction of the English courts.
4.6 Neither the Organiser nor its employees or representatives shall be liable for any direct or indirect loss suffered as a result of any technical failure or malfunction or any other problem with any telephone network or line, system, server, provider or other matter outside its or their reasonable control which may result in any email or Application or notification being not properly registered or recorded, sent or lost.
4.7 The Organiser shall reguarly review these terms & conditions up until, and after the Membership Start Date, and reserves the right to change these terms & conditions from time to time. These will be recorded on the Organiser's website.
4.8 The invalidity or partial invalidity of any provision of these terms and conditions shall not prejudice or affect the remainder of these Membershipterms and conditions, which shall continue in full force and effect.
4.9 If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
4.10 The Organiser's failure to exercise, or delay in exercising, any right, power or remedy provided by these terms and conditions or by law shall not constitute a waiver of that right, power or remedy.
4.11 Notwithstanding any other provision in these terms and conditions no other person has any rights under the Contracts (Rights of Third Parties) Act 1999 to rely on or enforce any term of these terms and conditions. Nothing in these terms of conditions shall affect any right or remedy of a third party that exists or is available other than as a result of the aforementioned Act.
