1. DEFINED TERMS
In this Contract, the following definitions apply:
Club: The Racing Club operated by the Manager in accordance with this Contract.
Condition Precedent: as defined in clause 2.
Contract: the contract between the Manager and the Member for the supply of the rights and benefits to the Member as set out herein.
Deductions: Transparent expenses that the Manager in their absolute discretion decides should be treated as a fair and equitable Deduction associated with the costs of operation of the Racing Club.
Horse: the horse purchased, owned or lease by the Manager pursuant to this Contract.
Manager: Lucy Jackson of Cherry Tree House, Withington GL544BS and the team of promoting associates; Alex Bray, Andre Klein and Lucia De La Fuente
Member: the person or firm who acquires the rights and benefits under this Contract
Membership Numbers: There are a maximum of 25 shares available.
Term: as defined in clause 3e.
2. CONDITION FOR CONTRACT TO BECOME BINDING
This Contract shall not come into force until a minimum of 15 persons have entered into irrevocable legally binding contracts in accordance with these terms.
“Condition Precedent”. If the Condition Precedent has not been satisfied or waived by the Manager in its absolute discretion by 6.00pm on 1 December, 2025 this Contract shall cease to have effect immediately after that time/date and the Manager shall exercise the right to either
a) Refund in full the monies paid by the Member. The Manager shall not be liable to pay interest on any refunded monies.
b) Agree to take up and hold the remaining shares and continue to promote them as available.
3. MANAGEMENT
The Member shall be entitled to the following benefits:
a) PRIMARY MEMBERSHIP BENEFITS: The opportunity to follow The Village Racehorse and enjoy many of benefits associated with racehorse ownership, including stable visits, social occasions and race day owner experiences.
b) PRIZE MONEY DIVIDEND: The net prize money earnt by The Village Racehorse will be retained for the sole purpose of distribution to good causes and charities operating with the geographical locality of the Club members. Under no circumstances will any prize money be paid to the Members of the racing club.
c) COMMUNICATION: The Members will be kept informed of the progress and plans for the Village Racehorse via circular email, however they will make themselves available to be contacted by phone call if required.
d) RACE DAY PRIVILEGES: Members will be invited to apply by email or telephone for Owners & Trainers badges on Race Days when the Village Racehorse is competing.
The Manager will allocate the privileges via random draw if the number of Members applying exceeds the number of O&T badges provided by the venue the horse is due to compete at.
If Members require any further additional badges, they will be asked to pay for this at the normal rate of admission.
e) DURATION OF THE CLUB: Subject to the fulfilment or waiver by the Manager of the Condition Precedent and to the Termination clause below, this Contract shall continue for a fixed term of one year, expiring at midnight on November 30th, 2026.
4. JOINING FEE:
(i) The Member shall pay a one-off fee of £1000 inclusive of any applicable VAT (the “Joining Fee”).
(ii) The Joining Fee shall be payable immediately on signing this Contract and, save as set out in Condition Precedent, shall not be refundable in any circumstances other than standard consumer cooling-off rights which for the purpose of this agreement are 14 days following purchase.
(iii) The Member shall not be entitled to any benefits under this Contract until the Joining Fee has been paid in full.
(iv) Voluntary Payment of Additional Costs: The Manager will only seek further funds from the Members in excess of the Joining Fee if the Manager incurs extraordinary costs in administration of the Racing Club, however Members will be under no obligation to contribute and any payments made by Members will be on a wholly voluntary basis, under the charitable spirit of the Village Racehorse Racing Club initiative.
(vi) The joining fee covers the period: December 1st 2025 (midnight) until November 30th 2026 (midnight) irrespective of the date of signing of these terms and/or payment of fees.
The Joining Fee shall cover the costs of the following:
(i) All costs associated with training and racing fees and general welfare of the horse
(ii) The costs incurred by the Manager for marketing and administering the Club
(iii) Insurance of the horse
5. MANAGER – ABSOLUTE DISCRETION
a) The Club will be managed by the Manager. The Manager reserves the right to administer the Club with absolute discretion including:
(i) the acceptance, refusal and termination of memberships;
(ii) the purchase, leasing, and securing of horses including the timing thereof;
(iii) the right to select the trainer for the horse;
(iv) the right to manage the racing careers of the horse.
(v) the right to decide how and where to disperse the horse raced by the Racing Club at the expiry of the Club
6. RISK ACCEPTED BY MEMBERS
a) In view of the unpredictable nature of owning and racing racehorses, save as set out expressly in this Contract no guarantees or warranties whatsoever are made by the Manager. The Member acknowledges and accepts that participation in the Club is for the purpose of sharing in the enjoyment of the Horses and horse racing and not for investment purposes.
b) Whilst it is the Manager’s intention to have a horse in training for the duration of the membership term, it may not be possible to make a replacement if a horse is either injured or retired.
7. TRANSFER
This Contract is limited for personal use only and shall not be transferable or assignable by the Member in any way to any other party without the prior written consent of the Manager.
8. OWNERSHIP OF HORSES
The Horses will be owned absolutely by the Manager. The Member shall have no legal or equitable ownership rights in the Horses.
9. LIABILITY
a) The Member shall have no claim against the Manager, any other member of the Village Racehorse or against any other member in respect of any loss or injury sustained by any of the Horses howsoever caused.
b) The Horses will be insured by the Manager against All Risks of Mortality only for such values as the Manager, in its absolute discretion and with any necessary advice, considers prudent.
c) The Manager shall also ensure that third party insurance is in place so as to provide reasonable protection for the Manager and Member in respect of such third party claims as may arise from this Contract.
10. TERMINATION
Without prejudice to any rights that have accrued under this Contract or any of its other rights or remedies, the Manager may at any time terminate this Contract with immediate effect without penalty or refund of all or any part of the Joining Fee or payment of any Member’s Pro Rata Share by giving written notice to the Member if:
a) the Member is banned from entering a racecourse and/or ‘warned off’ by the British Horse Racing Authority;
b) the Member’s membership agreement with any Racecourse is terminated.
c) the Member materially breaches this Contract and fails to remedy such breach within 7 days of written notice to do so by the Manager. A failure to pay the
Joining Fee will be treated as a material breach of this Contract;
d) the Member is deemed to act in a manner which could cause nuisance, harassment, embarrassment, danger to themselves, persons or horses or causes offence or distress to another person, or is warned by the Manager or racecourse staff due to the abuse of alcohol or drugs.
11. MISCELLANEOUS
a) Any intellectual property created by the arrangements to which this Contract relates (whether deriving from the Horses, the Club, or the Manager) shall belong to the Manager.
b) The Manager shall only process data relating to the Member in a manner permitted by and consistent with current Data Protection legislation and/ or as permitted by the Member.
c) The law governing this Contract shall be English law. The Member hereby irrevocably submits for all purposes connected with or arising from this Contract to the exclusive jurisdiction of the English Courts.
All Members must sign and agree to these T&CSs which will form a contract.
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