Events At Ascot License Agreement

1. Definitions
1.1 In these Conditions, unless the context otherwise requires:
“Act” means any third party engaged to provide services in relation to the Event including any production company, performers, musicians or other live act or suppliers of any equipment;
“Additional Fees” means those fees payable by the Customer in addition to the Fee in relation to the Event (including in relation to services to be provided by Ascot) including those set out in Conditions 4.7 to 4.9; 
“Agreement” means this Licence Agreement which consists of these Conditions, the Event Sheet, the Sales Invoice and the Banquet Event Order Form and any other documents agreed in writing between Ascot and the Customer in relation to the Event;
“Ascot” means Ascot Racecourse Limited;
“Banquet Event Order Form” means the document to be provided by Ascot to the Customer setting out the Customer’s detailed requirements for the Event, which will be sent to the Customer prior to the date of the Event;
“Business Day” means a day other than Saturday, Sunday or a public holiday in England;
“Business Hours” means between 9am and 5pm on a Business Day;
“Common Parts” means those roads, paths, and other common areas of the Racecourse, the use of which is necessary for obtaining access to and egress from the Event Space as set out in the Event Manual or as otherwise notified by Ascot to the Customer from time to time;
“Conditions” means the terms and conditions contained in this Schedule 3;
“Customer” means the individual, company, or other organisation on whose behalf the booking for the Event is made;
“Event” means the function, party or other occasion to be held in the Event Space as specified in the Event Sheet;
“Event Manual” means the Event Manual provided by Ascot to the Customer setting out specific details and rules in relation to use and access to the Event Space;
“Event Sheet” means the document in Schedule 1 confirming the Customer’s requirements for the Event Space;
“Event Space” means the rooms, locations, or the area of land within the Racecourse as described on the Event Sheet or, where applicable, marked in red on a plan in which the Event will be staged; 
“Fee” means the sums payable to Ascot in consideration of the licence of the Event Space and provision of the Services for the Event other than Additional Fees as detailed in Condition 4;
“Guest” means any person attending the Event including any guests attending the Event, any Act and any individual engaged by the Customer or any Act providing services in relation to the Event at the Racecourse;
“Maximum Capacity” means the maximum capacity for the Event Space as set out in the Event Sheet;
 “Prohibited Items” means those items which may not be brought onto the Racecourse as set out in the Event Manual and which includes  knives, fireworks, smoke canisters, air-horns, drinking glasses, bottles or other glass or similarly breakable containers, cans, flags, banners, and other similar articles, poles, laser pens or pointers, helium balloons and any other article that might be used as a weapon and/or may in Ascot’s reasonable opinion compromise public safety, cause damage to property or disrupt the enjoyment of the Event for others or disrupt the operation or enjoyment of any other event at the Racecourse;  
“Racecourse” means the land owned by Ascot Racecourse Limited, known as Ascot Racecourse and which includes the Event Space and Common Parts;
“Sales Invoice” means the pro-forma invoice in Schedule 2 setting out the Fee payable to Ascot (including VAT) and the payment schedule;
“Services” means the supply by Ascot of security, duty management and any catering, room service, furniture and staff as set out in the Event Sheet and/or the Banquet Event Order Form or otherwise required for the proper and safe operation of the Event;
“Term” means the period that this Agreement is effective for which is from the date this Agreement is signed to the date the final invoice is paid or 7 days following the Event whichever is the later;
“VAT” means Value Added Tax or any similar tax in force from time to time.

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 neutral 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, the Banquet Event Order Form and/or the Event Sheet, priority shall be given first to the Conditions, then to the Banquet Event Order Form (upon its acceptance in accordance with Condition 2.4 of these Conditions) and finally to the Event Sheet.

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. Booking
2.1 If the Customer wishes to book the Event Space at Ascot for the Event the Customer will provide to Ascot a completed copy of the Event Sheet together with such additional information Ascot reasonably requires.
2.2 Ascot will notify the Customer in writing if it approves of the Event as set out in the Event Sheet, by providing to the Customer a copy of the Agreement (including the completed Event Sheet, the Sales Invoice and these Terms).   This shall be Ascot’s offer to the Customer.

2.3 The booking of the Event will only be confirmed and accepted by Customer on receipt by Ascot of the signed Agreement and the receipt, in cleared funds, of the first instalment of the Fee due under the Sales invoice. Until such time as the first instalment of the Fee is paid, Ascot shall have no obligations to the Customer and shall be able to withdraw its offer at any time.

2.4 No less than 7 days before the Event, Ascot will send the Banquet Event Order Form to the Customer. The Banquet Event Order Form is part of the Agreement and contains further details about the Services to be provided by Ascot at the Event, including the number of Guests and specific choice of menu. Within 2 days of receiving the Banquet Event Order Form, the Customer shall notify Ascot as to whether it accepts the details set out therein or not. Upon the Customer’s acceptance, the Customer shall return a signed copy of the Banquet Event Order Form to Ascot. If no response is received by Ascot from the Customer within such period, the contents of the Banquet Event Order Form shall be deemed to be accepted.  

3. Grant of Rights and Services
3.1 In consideration of the payment by the Customer to Ascot of the Fee and any other sums due under this Agreement, Ascot shall: 
(a) grant to the Customer a personal licence to occupy the Event Space and to access the Event Space through the Common Parts on the date(s) and time(s) set out in the Banquet Event Order Form; and
(b) provide the Services as detailed in the Banquet Event Order Form, 
on the Conditions set out in this Agreement.

3.2 The Customer acknowledges and agrees that it shall not provide any services itself (in whole or part), nor shall it appoint or allow any third party (including any Act) to provide any Services at the Event or access any part of the Racecourse without obtaining prior written consent from Ascot.  Ascot’s consent may be given or withheld in its absolute discretion and may be granted on a conditional basis (including any Act agreeing to any terms and conditions required by Ascot for access to the Racecourse).

3.3 The Customer shall: 
(a) promptly provide to Ascot all information which Ascot may reasonably require to enable it to perform the Services; 
(b) provide to Ascot corrected and/or additional information as necessary if it becomes aware that it has supplied incorrect or insufficient information; 
(c) provide all reasonable assistance for Ascot to perform its obligations under the Agreement; and 
(d) not hinder, delay or otherwise prevent Ascot’s performance of the Services.
Ascot shall not be liable for any failure to perform its obligations or provide the Services where this is as a result of a breach by the Customer of this Agreement.

3.4 Nothing in this Agreement shall grant any lease, tenancy or any other equitable or beneficial interest in the whole or any part of the Racecourse.

3.5 Any rights not expressly provided for in this Agreement are reserved to Ascot. 

4. Fee
4.1 The Fee for the Event shall be calculated in accordance with the cost of the Event Space and the Services at the date of the Event not at the date when the Agreement was entered into.

4.2 The Sales Invoice, detailing the Fee, payment schedule and methods of payment, will be included as part of the Agreement. 

4.3 Generally, the Customer shall pay the Fee for each Event as follows:
(a) 25% of the Fee at the time of making the booking or immediately on receipt of the Sales Invoice (whichever is earlier);
(b) a further 50% of the Fee by no later than 90 days prior to the date of the Event; and
(c) the balance of the Fee by no later than 30 days prior to the date of the Event.

4.4 If the Agreement is accepted for a date which is less than 90 days prior to the date of the Event, the Customer shall pay:
(a) 75% of the Fee at the time of making the booking or immediately on receipt of the Sales Invoice (whichever is earlier); and 
(b) the balance of the Fee by no later than 30 days prior to the date of the Event.

4.5 If the Agreement is accepted for a date which is less than 30 days prior to the date of the Event, 100% the Fee shall be payable immediately on receipt of the Sales Invoice. 

4.6 If the number of Guests that actually attend the Event is less than the number of Guest specified on the Event Sheet, then Ascot will charge the Customer for the number of Guests on the Event Sheet.

4.7 Ascot’s prior written approval is required if the Customer wants to increase the number of Guests attending the Event. The Customer acknowledges that the Event Space has a Maximum Capacity which cannot be exceeded. If the number of Guests that attend the Event is greater than the number of Guests specified on the Event Sheet or the Banquet Event Order Form, then Ascot shall charge the Customer for the actual number of Guests attending the Event.  Ascot shall issue an invoice to the Customer for the additional charges which shall be payable by the Customer to Ascot by no later than 7 days after the date of the invoice, or if such notification is less than 7 days prior to the Event, payment for such additional charges shall be made immediately and in any event prior to the date of the Event.

4.8 The Customer will pay to Ascot additional fees in respect of linen hire, equipment hire, utility supply and other costs based on specific requirements of the Customer as set out in the Event Sheet (or the Banquet Event Order Form where different). Such costs shall be paid, in full, no later than 21 days prior to the Event.

4.9 Where, in Ascot’s reasonable opinion, it believes that any additional staff are required for any Event (for example as a result of any increase in the anticipated number of Guests or change in the nature of the Event) it shall notify the Customer and shall use reasonable endeavours to provide such staff. The Customer shall pay the costs for the provision of such additional staff within 2 days of the Event. 

4.10 The time of payment of the Fee and any Additional Fees shall be of the essence. If the Customer fails to make payment of the Fee or Additional Fees or any other sums payable in accordance with the payment terms set out in these Conditions and the Sales Invoice, this shall be deemed to be cancellation of the Event by the Customer and the provisions of Condition 8 shall apply.

4.11 All fees and other sums set out in this Agreement are expressed exclusive of VAT. All fees and costs must be paid without any deduction, set off or withholding. VAT receipts are only issued upon receipt of payment in accordance with these Conditions.  

4.12 If any payment under this Agreement is late, Ascot shall be entitled to charge interest on any overdue amount at a rate of 4% above Barclays Bank interest rate from time to time in force. Interest will be charged daily from the date of payment is due to the date payment is received (inclusive).  

4.13 Unless, within 5 Business Days of the date of receipt of an invoice from Ascot for any sum due under the Agreement, the Customer has notified Ascot 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.

5. Ascot’s Obligations
5.1 Ascot warrants, represents and undertakes that:
(a) it has the authority to enter into this Agreement, to perform its obligations, and to grant the Customer the rights set out in Condition 3; and
(b) the person executing this Agreement for and on behalf of Ascot is a duly authorised representative of Ascot and has the capacity to execute this Agreement for and on behalf of Ascot.

6. Customer’s Obligations
6.1 The Customer warrants, represents and undertakes that:
(a) it has the authority and capacity to enter this Agreement and to observe the obligations imposed on it under this Agreement; or
(b) the person executing this Agreement for and on behalf of the Customer is a duly authorised representative and has the unconditional capacity to execute and deliver this Agreement for and on behalf of the Customer;
(c) it shall obtain Ascot’s prior written consent before hiring any Act for the Event;
(d) any equipment which is brought onto the Racecourse shall have an up to date portable appliance test and the Customer shall provide evidence that such testing has been undertaken on request; 
(e) any Act and the whole Event will comply with all relevant laws, rules, regulations, instructions and guidance from any relevant authority (including relevant safety advisory groups, licensing authorities or governing bodies) and the Customer shall be responsible for procuring all necessary permits and licences for the Event at its own cost; 
(f) it, and any Act, has 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 at or in relation to the Event.  Such insurance shall be on an occurrence basis and shall be valid for the duration of the Event and the Customer shall provide evidence of such insurance to Ascot on request;
(g) it shall ensure the Maximum Capacity for the Event Space shall not be exceeded at any time during the Event;
(h) it shall ensure the orderly conduct of the Event and shall ensure that no Prohibited Items shall be bought into the Racecourse by the Customer or any Guest;
(i) unless otherwise agreed in writing by Ascot, Guests shall not be permitted to consume any food or drink within the Racecourse except for that supplied by Ascot as part of the Services;
(j) it shall comply with, and shall procure that, all Guests comply with the Event Manual and all rules, regulations, safety announcements and any reasonable instructions given by Ascot or its representatives prior to, during, or after at the Event;
(k) it shall not introduce or attempt to introduce nor permit the introduction of any signage or other publicity material into the Event Space or onto the Racecourse, other than signs or notices which may be required under any applicable law or regulation, without Ascot’s prior written consent;
(l) any Guests and Acts will only use the designated parking areas within the Common Parts. Ascot shall not be liable for loss or damage to cars (or their contents) parked at the Racecourse;
(m) it shall keep the Event Space, Common Parts and Racecourse clean, tidy and clear of rubbish and debris; 
(n) it shall not, and shall procure that Guests do not, use the Event Space or Common Parts in such a way as to cause (in Ascot’s opinion) any offence, nuisance, damage, annoyance, interference, inconvenience or disturbance to the enjoyment, comfort or safety of any other users of the Racecourse or any neighbouring property, or use it in such a way that would amount to committing any illegal act;
(o) it shall make good at its own expense, any damage to the Racecourse including the Event Space, Common Parts, any furniture and/or fixtures, any grassed areas or hard surface car parking areas of the Racecourse attributable to: any act or omission by the Customer and/or any Guests (fair wear and tear excepted); or by any third parties making deliveries for the Event to the Racecourse. If the Customer does not make good such damage within 7 days of the said damage having occurred (or, if later, of Ascot notifying the Customer of such damage and requiring its remedy), Ascot shall be entitled absolutely at its own discretion to rectify any such damage, which costs the Customer will pay on receipt of an invoice. The Customer will indemnify Ascot on demand against any costs, damages and expenses incurred by Ascot in making good the said damage on the Customer’s behalf.
(p) the Event shall finish on time and all Guests shall have left the Racecourse by the dates and times stated in the Event Sheet or as agreed in writing with Ascot. The Customer hereby indemnifies Ascot for any costs, losses, damages, claims, liabilities, proceedings, demands, awards or expenses incurred on account of any failure to vacate the Event Space, the Common Parts and/or the Racecourse on time; 
(q) it shall not use or access any part of the Racecourse other than the Event Space and relevant Common Parts and shall not in any way restrict the access of Ascot or any other guests to any Common Parts;
(r) it is responsible for the acts or omissions of the Guests at the Racecourse.  It shall draw these Conditions to the attention of each Guest; and
(s) it shall procure that Guests uphold the good name, image and reputation of Ascot at all times and shall not make any defamatory or derogatory statements or engage in conduct which is likely to damage or bring into disrepute the name and/or image and/or reputation of Ascot or the Racecourse.

7. Restrictions 
7.1  Ascot and its authorised representatives may, without prejudice to any other rights and remedies it may have, remove Guests from the Event Space and/or Racecourse if, in Ascot’s opinion, they are in breach of any provision of this Agreement. In addition, the Customer acknowledges that Ascot reserves the right to refuse entry to any Guest, or to remove any Guest from the Event Space or Racecourse, temporarily or permanently, if Ascot reasonably believes that such individual is or has committed an offence, is intoxicated or if granted entry will be disruptive to the enjoyment, comfort and/or safety of others or will otherwise not comply with these Conditions.

7.2 Ascot does not provide facilities for the storage of materials, goods, supplies or other items at the Racecourse. If any materials, goods, supplies or other items are delivered, held or stored at the Racecourse on the Customers behalf by Ascot this should be by prior arrangement only and such materials, goods, supplies and/or other items shall be stored at the Customers sole risk. Subject to Condition 10.2, Ascot shall not be liable for any loss or damage howsoever caused to such items.

7.3 Ascot gives no warranty that the Event Space possesses the necessary permits, licences and/or consents for the Event. The Customer shall ensure that it obtains any necessary permits, licences or consent for the operation of the Event.

7.4 At the end of the Event if the Customer fails to remove any property from the Racecourse: 
(a) Ascot shall be entitled to remove and store such property; and
(b) the Customer will indemnify Ascot on demand against any costs and expenses incurred by Ascot in the removal and storage of the property and any damage caused as a result of its removal from the Racecourse; and 
(c) if after 30 days of the property being removed and stored the Customer has not made satisfactory arrangements to collect the property, Ascot shall consider that it has been abandoned and shall have the right to sell or destroy the property in such manner as Ascot sees fit. If the property is sold the Customer will be entitled to any proceeds of the sale after deductions have been made for the costs of removal of the property from the Event Space, any damage caused as a result of removal and storage, and any expenses incurred in connection with the sale of the property.

7.5 If the Customer wishes to change the Services, the Event or the nature or content of the Event detailed on the Event Sheet after the date of the Agreement, then the Customer must notify Ascot in writing as soon as possible. Ascot will notify the Customer if it is able to accommodate these changes and/or if these changes give rise to any change in the Fee and/or any Additional Fees. Any changes to an Event will be confirmed by Ascot in writing. The Customer will be required to pay for any changes to the Fee and any Additional Fees resulting from the changes to the Event on demand.  

8. Cancellation by the Customer
8.1 Any cancellation of an Event by the Customer must be by notice in writing to Ascot and comply with Condition 17. 

8.2 Without prejudice to any other rights and remedies Ascot may have, if the Customer cancels the Event, Ascot will refund (or Customer will pay to the extent not already paid) the Fees as follows:
(a) if cancelled 30 or fewer days before the date of the Event, then Ascot will retain (or be paid) 100% of the Fees; 
(b) if cancelled 90 or fewer days but more than 30 days before the date of the Event, then Ascot will retain (or be paid) 75% of the Fees and refund any Additional Fees; 
(c) if cancelled 180 or fewer but more than 90 days before the date of the Event, then Ascot will retain (or be paid) 50% of the Fees and refund any Additional Fees; or
(d) if cancelled more than 180 days before the date of the Event, then Ascot will retain (or be paid) 25% of the Fees and refund any Additional Fees.

8.3 Notwithstanding Condition 8.2, if Ascot has incurred or committed to any fees or expenses in connection with the Event, including any Additional Fees, such fees and/or expenses will be deducted from any Fees to be refunded to the Customer or if insufficient Fees are held by Ascot, Ascot shall charge the Customer for such Fees and/or expenses which will be payable immediately on receipt of an invoice.

9. Cancellation by Ascot
9.1 Ascot shall be entitled to cancel the Event at any time 90 days prior to the Event or, as a result of a Force Majeure Event, less than 90 days prior to the Event by notice in writing to the Customer. Where Ascot cancels the Event, Ascot shall, at its discretion either: 
(a) use its reasonable endeavours to provide an alternative Event Space and/or date for the Event; or 
(b) if an alternative is not available, refund in full all Fees paid by the Customer less any fees or expense Ascot has incurred or committed to in connection with the Event.  

9.2 Ascot may cancel the Event immediately by notice in writing to the Customer, without prejudice to any other rights or remedies Ascot may have, if: 
(a) 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; or
(b) the Customer commits a material breach of the Agreement and (where such breach is capable of being remedied) shall have failed to remedy the same within 10 days of receiving a notice specifying the breach and requiring its remedy; or
(c) the Customer fails to pay any instalment of the Fee or any Additional Fees in accordance with this Agreement. 

9.3 If the Event is booked in conjunction with a race meeting and that race meeting is cancelled prior to the commencement of the Event, Ascot may at its discretion (whether or not on request of the Customer) cancel the Event. If Ascot cancels the Event because of a race meeting cancellation then the provisions of Condition 9.1 shall apply. Ascot will not cancel (or agree to any request to cancel) such Event after Ascot has started to provide the Services (which includes buying and/or preparing food and beverages for the Event and setting up the Event Space). The Customer shall have no rights to cancel the Event as a result of the cancellation of a race meeting. 

10. Liability
10.1 Subject to Condition 10.2, the Customer acknowledges that Ascot shall have no liability whatsoever in contract, tort (including negligence), breach of statutory duty or otherwise for any: indirect; economic; incidental; special; exemplary; or consequential loss or damage suffered by the Customer in relation to this Agreement even if Ascot has been advised of the possibility of such damages or losses. For these purposes consequential loss shall include all loss of profit, opportunity, anticipated profit, anticipated revenue, business and/or goodwill.

10.2 Nothing in this Agreement shall limit Ascot’s liability for any personal injury to or death of any of the Customer’s Guests or an Act caused directly by a deliberate or negligent act or omission on the part of Ascot; for Ascot’s breach of statutory duty or for Ascot’s fraud or fraudulent misrepresentation.

10.3 Subject to Condition 10.2, Ascot shall not in any event be liable to return monies received or pay compensation or damages to the Customer, Guests or any third party (for whatever reason such compensation or damages may be due) in excess of the amount of Fees paid to Ascot at the date such action or claim arises. 

11. Indemnity
11.1 The Customer shall indemnify and keep indemnified on demand Ascot, its directors, executive members, officers, employees and agents, against all or any actions, proceedings, claims, demands, costs, expenses, liabilities, losses, awards and damages of any kind arising by reason or consequence of any act or omission of the Customer and/or any Guests and/or Acts or by reason or consequence of any breach or non-performance of any of the representations, warranties, undertakings or obligations on the Customer’s part contained in this Agreement howsoever caused except where such claims, actions, losses, damages, liabilities and expenses arise directly as a result of Ascot’s negligence or the negligence of Ascot’s authorised representatives.

12. Force Majeure
12.1 Save in respect of any payment obligations of the Customer, neither party shall be liable for its inability to perform any obligation under this Agreement where such performance is impossible, impracticable or infeasible and is directly caused by a “Force Majeure Event” which shall include; civil war, riot, revolution, act(s) of terrorism, sabotage, storm, earthquake, flood, explosion, fire, labour disputes or strikes (other than of their respective workforce), epidemic, pandemic, Royal demise, royal succession or national mourning, any laws, rules, regulations, instructions or guidance from any relevant authority (including relevant safety advisory groups, licensing authorities or governing bodies), or by any other cause not within the reasonable control of the party claiming to be affected. 

12.2 In relation to a Force Majeure Event the parties shall:
(a) notify the other party as soon as it becomes aware that any Force Majeure Event will, or may, affect its ability to perform any of its obligations under this Agreement;
(b) use reasonable endeavours to minimise the effect of any Force Majeure Event on the performance of its obligations under this Agreement; and
(c) discuss with the other party in good faith alternative methods to meet its obligations under this Agreement.

12.3 Where due to a Force Majeure Event the maximum Capacity of the Event Space (and as a result the number of Guests able to attend the Event Space) is significantly reduced, the Customer shall be entitled to cancel the Event, by giving to Ascot no less than 7 days’ notice in writing and Ascot shall, at its discretion, either: 
(a) use its reasonable endeavours to provide an alternative Event Space and/or date for the Event; or 
(b) if an alternative is not available, refund in full all Fees paid by the Customer less any fees or expense Ascot has incurred or committed to in connection with the Event.  
If the Customer gives to Ascot less than 7 days’ notice but more than 48 hours’ notice, any refund of Fees or Additional Fees shall be at Ascot’s absolute discretion. 

13. Assignment and Subcontracting
13.1 This Licence to occupy the Event Space is personal to the Customer and the Customer shall not be entitled to assign or transfer the Agreement, whether in whole or in part, without the prior written consent of Ascot.

13.2 The Customer acknowledges that Ascot shall be entitled to sub-contract the Services in whole or in part under this Agreement.

14. Entire Agreement
14.1 This Agreement sets out the entire agreement and understanding between the parties and supersedes any previous agreements and arrangements between them with regard to such transactions. The Customer acknowledges that in entering into this Agreement, it has not relied on any statements or representations of Ascot not incorporated into this Agreement. The Customer irrevocably and unconditionally waives any right it may have to claim damages and/or rescind this Agreement by reason of any misrepresentation (other than a fraudulent misrepresentation) not contained in this Agreement.

14.2 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 Ascot shall provide the Services are expressly excluded by these Conditions to the fullest extent permitted by law.

14.3 No variation of the Agreement shall be effective unless in writing and executed by or on behalf of each of the parties. Any legal costs that Ascot incurs in relation to any proposed or incorporated variation shall be payable by the Customer. 

15. Waiver
15.1 No failure or delay by either party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise thereof or the exercise of any other right, power or privilege.

15.2 The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.

16. Intellectual Property
16.1 All content in or on Ascot’s website and brochures including pictures, designs, logos and text (“Content”) is owned by or licensed to Ascot.  The Content is protected by copyright and other laws and the Customer shall not use nor permit or authorise the use of such Content other than as permitted by Ascot in writing.

16.2 The Customer may not refer to the Event Space or the Racecourse or use Ascot’s trademarks or other intellectual property rights in any publication or advertisement or otherwise without Ascot’s prior written approval. If Ascot gives such approval, notwithstanding any additional terms stipulated by Ascot in respect of such use, the Customer will submit copies of any publication or advertisement incorporating such rights or referring to the Event Space or Racecourse for Ascot’s written approval prior to publication or distribution.  The Customer will immediately on request of Ascot, stop its use of (and withdraw from circulation) any materials which include any Content. 

17. Notices
17.1 All notices including any request for variation of the Services by the Customer should be made in writing and sent by post or email to the below addresses: 
(a) By post: Amelie Cartigny, Ascot Racecourse, Ascot, Berkshire, SL5 7JX
(b) By email: [email protected]

17.2 A notice shall be deemed to have been received:
(a) if delivered by hand within Business Hours then 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.
(c) If sent by email within Busines Hours then at the time the email is received or, if sent outside of Business Hours then the beginning of Business Hours on the next Business Day.

17.3 In proving service of a notice, it shall be sufficient to prove as relevant that delivery was made, that the envelope containing the notice was properly addressed and posted, the email was sent (as evidenced by a delivery receipt and read receipt).

18. Relationship between Parties
Nothing in these Conditions shall be deemed to constitute or imply a partnership, joint venture, or relationship of agent or employee, or tenant and landlord between the parties for any purpose whatsoever.

19. Third Party Rights
No person who is not a party to the Agreement is entitled to enforce any of its terms (including any Conditions), whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

20. 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.

21. Data
Any personal data received from the Customer pursuant to this Agreement shall be handled and processed in accordance with Ascot’s privacy policy. A copy of Ascot’s privacy policy notice can be found at: www.ascot.co.uk/ascot-policies/privacy-policy  

22. Governing Law and Jurisdiction
The Agreement 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 Agreement.

Ascot Racecourse Limited
January 2021

 
Signed: Ian McGregor, Finance Director 
On behalf of Ascot Racecourse Limited