1. DEFINITIONS AND INTERPRETATION 1.1 Definitions The following definitions apply unless the context requires otherwise: “2023 Championship” means the 2023 FIA Formula 1 World ChampionshipTM; “2024 Championship” means the 2024 FIA Formula 1 World ChampionshipTM; “Booking Form” means an application for Tickets on a standard FOHES application form (or on such other document as may be acceptable to FOHES from time to time) available on such webpage as FOHES may notify the Client from time to time; “Caterer” means any person or organisation appointed by or approved by FOHES to provide catering, food and beverage services for the Facility in respect of the Event; “Championship” means the FIA Formula 1 World ChampionshipTM; “Circuit” means a circuit at which the Event is held including any and all areas, buildings, structures, facilities, services and fit out located within such circuit; “Client” means the party named on the Order Confirmation (or such other person or organisation as may be substituted for such party with thewritten consent of FOHES) andwhere the context so requires shall include any employee, representative, agent or contractor acting on the Client’s behalf; “Event” means the relevant round of the 2023 Championship or part thereof (including days on which practice, qualifying and any support races take place) at which the Paddock Club is operated by FOHES and to which the Ticket relates (which, for the avoidance of doubt, shall not include the Miami Grand Prix, the Singapore Grand Prix, the Las Vegas Grand Prix or the Australian Grand Prix); “Event Period” means in respect of Three Day Tickets, such Opening Hours as FOHES advises the Client that the Facility is open and available to the Client on the Friday, Saturday and Sunday of the Event; “Facility” means the area notified to the Client by FOHES as being the area in which Formula 1 Paddock Club™ hospitality is provided (including any area in which any Restricted Access Tour takes place and any Paddock Club™ Parking Area) at the Event; “Facility Regulations” has the meaning given to it in Clause 9.3(b); “FIA” means the Fédération Internationale de l’Automobile, place de la Concorde 8, 75008 Paris, France or such other address as it may from time to time operate from or any employee, representative, agent or contractor acting on the FIA’s behalf; “FOHES” means Formula One Hospitality and Event Services Limited (company number 08445563) of No. 2 St James’s Market, London, England, SW1Y 4AH or such other address as it may from time to time operate; “Formula 1 Companies” means FOHES, FOWC and their affiliates, each a “Formula 1 Company”; “FOWC” means Formula One World Championship Limited (company number 04174493) of No. 2 St James’s Market, London, England, SW1Y 4AH or such other address as it may from time to time operate, and/ or where the context requires shall include Formula One Management Limited (company number 01545332) of No. 2 St James’s Market, London, England, SW1Y 4AH (“FOM”), a direct subsidiary of FOWC; “Opening Hours” means the hours of the relevant day of the Event during which the Facility is open to the Client as advised by FOHES from time to time; “Order Confirmation” means a written confirmation by FOHES to the Client that the Booking Form has been received and accepted; “Paddock Club™ Parking Area” means a dedicated parking area notified to the Client by FOHES at the Event for use by Clients who hold Paddock Club™ Parking Tickets; “Paddock Club™ Parking Ticket(s)” means a parking ticket or sticker issued to a Client by FOHES permitting parking in a Paddock Club™ Parking Area; “Restricted Access Tour” has the meaning given to it in Clause 4.3(a); “Terms and Conditions” means these Formula 1 Paddock Club™ standard terms and conditions, including the Privacy Policy set out in Clause 21; “ThreeDayTicket(s)”meansaTicket validfortheOpening Hours on the Friday, Saturday and Sunday of the Event; “Ticket Amount” means the amount that FOHES has received for a Ticket; “Ticket(s)” means a ticket, voucher or other form of pass issued by FOHES permitting access to the Facility during the Event Period; “Ticket Holder” means a person who uses a Ticket for the Facility; “Ticket Price” means the price advised and confirmed by FOHES as being payable by the Client for a Ticket (including any and all applicable taxes (including but not limited to sales taxes, value added taxes and similar taxes) but excluding any handling, processing or delivery fee or postage or courier charges); and “Total Fee” means the amount payable under these Terms and Conditions by the Client to FOHES, being the Ticket Price and any handling, processing or delivery fee or postage or courier charges. 1.2 Interpretation (a) Headings are for convenience only and do not affect interpretation. (b) The singular includes the plural and conversely. (c) A reference to conduct includes, without limitation, an omission, statement or undertaking, whether or notin writing. (d) Where there are two or more parties named as the Client, a reference to a right or obligation of the Client confers that right, or imposes that obligation, as the case may be, jointly and severally. (e) In case of any matter stated to be subject to the approval, agreement or consent of a person, or in relation to which any person reserves any right, save as otherwise stated, such approval, agreement or consent may be given or withheld by such person or such person may reserve such right acting in its sole discretion and the words “approve”, “approval”, “agree”, “agreement”, “consent” and “reserves the right” shall be construed accordingly. 2. AGREEMENT 2.1 Binding Agreement (a) If the Client has bought (or been issued with) any Ticket for any other person, the Client must bring these Terms and Conditions and any applicable Facility Regulations to the attention of such other Ticket Holders. The Client must ensure that any such Ticket Holder complies with these Terms and Conditions and the Facility Regulations. If the Client, or any such Ticket Holder, fails to comply with these Terms and Conditions or the Facility Regulations, the Client or the Ticket Holder (as applicable) may be refused admission to the Facility or removed from the Facility and/or the Circuit without refund or compensation. If there is any conflict or ambiguity between these Terms and Conditions and the Facility Regulations, these Terms and Conditions will prevail. (b) These Terms and Conditions, any Booking Form and Order Confirmation and any applicable conditions of sale and Facility Regulations constitute the entire agreement between FOHES and the Client or the Ticket Holder (as applicable) for the purchase and/or use by the Client or use by the Ticket Holder (as applicable) of one or more Tickets and shall be deemed to have been accepted by the Client when the Client submits a Booking Form to FOHES and by the Ticket Holder when the Ticket Holder enters the Facility and/or uses a Ticket. (c) By entering the Facility and/or using the Ticket, each Ticket Holder acknowledges and agrees that he or she has read and understood these Terms and Conditions and the Facility Regulations and agrees to adhere to these Terms and Conditions and the Facility Regulations (including all obligations imposed on the Client under these Terms and Conditions and the Facility Regulations). 2.2 FOHES Reservation of Rights (a) Notwithstanding anything elsewhere contained in these Terms and Conditions, FOHES reserves the right to determine whether or not any requests contained within a Booking Form (or otherwise) for Tickets are accepted. (b) All Tickets are sold or provided subject to availability and to these Terms and Conditions, any conditions of sale and the Facility Regulations. (c) FOHES reserves the right to refuse admission to (or remove from) the Facility any person: (i) not complying with these Terms and Conditions and the Facility Regulations; or (ii) who is in possession of a Ticket which has been sold or used other than in compliance with these Terms and Conditions and the Facility Regulations. 3. TICKETS AND PAYMENT 3.1 Obtaining or purchasing Tickets (a) All Tickets must be purchased or obtained directly from FOHES, its affiliates or its nominees or through an official Ticket provider authorised by FOHES. Any attempt to present a Ticket bought, acquired or obtained from an unauthorised vendor may lead to refusal of admission to the Facility and the Event. 3.2 Total Fee (only applicable where Client purchases a Ticket directly from FOHES) (a) The Client shall pay to FOHES the Total Fee on or before such date(s) as FOHES notifies the Client on the Order Confirmation and/or on the relevant invoice and if so required by FOHES in the case of large bookings or bookings for private or shared suites, a non-refundable deposit of 25% of the Total Fee (“Deposit”) payable by such date as FOHES shall advise the Client and time shall be of the essence. (b) No withholding in respect of any taxes will be made from any payments made by the Client to FOHES under these Terms and Conditions, unless required by law. If any taxes are so required to be withheld from any sums paid or payable under these Terms and Conditions by or on behalf of the Client to FOHES, the Client undertakes to pay forthwith to FOHES such additional amount as will, after such withholding or deduction has been made, leave FOHES in the same position as it would have been in the absence of the requirement to make such withholding or deduction. 3.3 Issue of Tickets (a) It is the Client’s responsibility to check any Booking Form and Order Confirmation and to notify FOHES as soon as possible of any error contained therein. FOHES shall have no liability to the Client in the event of any error on a Booking Form and shall not be obliged to refund or replace any Ticket which contains an error which derives from the relevant Booking Form. (b) It is the Client’s responsibility to promptly inform FOHES of any change to the contact / billing address, telephone number, email address and any other information the Client provided on the Booking Form at the time of booking the Tickets. (c) FOHES shall be under no obligation to issue any Tickets or provide any other benefits in relation to the Facility until FOHES approves the Booking Form and, if applicable, has received the Total Fee (and/or, if relevant, the Deposit) in cleared funds no later than the date specified by FOHES and time shall be of the essence in this regard. If only part payment of the Total Fee is received by FOHES, FOHES may (exercisable in its absolute discretion) provide to the Client that number of Tickets which equates to the pro rata portion of the Total Fee received. The Client agrees that, notwithstanding the supply of fewer Tickets, the Client remains liable to FOHES for the balance of the Total Fee. (d) (Only applicable where Client purchases the Ticket directly from FOHES). Subject to these Terms and Conditions and approval by FOHES of the Booking Form, FOHES agrees to issue to the Client the number of Tickets for which full payment of the Total Fee has been received. In the event that FOHES advises the Client that it is unable (or there is not sufficient space or availability) to provide the Client with the number of Tickets for which payment of the Total Fee has been made, FOHES shall, within 60 days of FOHES advising the Client, refund to the Client an amount equal to the Ticket Price paid by the Client for such number of the Tickets as FOHES does not provide and FOHES shall have no further liability or obligation towards the Client in respect of such Tickets. (e) Tickets are sold as Three Day Tickets only. 3.4 Ticket Collection FOHES reserves the right to nominate and notify the Client of the location where (and when) the Client can collect Tickets in
respect of which FOHES has approved the Booking Form and,
if applicable, full payment has been received by FOHES.
3.5 Additional Tickets Ordered During the Event
Additional requests for Tickets during the Event may be
accepted by FOHES (in its absolute discretion) and subject to
such conditions as FOHES may advise which may include
immediate payment in a form and by such payment procedure
as FOHES may advise.
3.6 Cancellation
(a) FOHES may (in its absolute discretion) refuse to accept
Booking Forms and/or cancel Ticket orders from anyone
(i) it believes intends to offer a Ticket for resale or
contrary to these Terms and Conditions, and/or (ii) who
has previously been removed from or refused entry to
any Facility at any Event.
(b) Subject to Clause 11.2, no refunds will be given in the
event of cancellation or postponement of part or all of the
Event unless otherwise agreed by FOHES.
(c) Once the Booking Form has been submitted, no exchange
or cancellation of any Ticket will be permitted, except as
authorised by FOHES from time to time.
4. USE OF FACILITY
4.1 Alterations to Facility/No Advertising or Promotions/No
purchase of unauthorised merchandise
(a) Subject to Clause 4.1(b) no alterations or additions to
either the Facility or any use of the Facility by any Client
other than the use permitted by these Terms and
Conditions will be allowed without the prior written
consent of FOHES.
(b) Where the Client is permitted use of a dedicated area
within the Facility (as determined by FOHES), the Client
may, at its own cost, decorate or theme the inside of such
dedicated area, provided that:
(1) no items displayed (including signage) are visible from
the outside of such dedicated area unless the Client
has obtained the prior written consent of FOHES; and
(2) the Client ensures that any and all references to the
name of the Event (or to any other round of the
Championship) that appear in or on any materials
located inside (or accessible from) the Facility
correctly refer to the full and official name of the
Event (or the full and official name of any other round
of the Championship as the case may be) and have
been approved in writing in advance by FOHES.
(c) Unless otherwise agreed in writing between the Client
and FOHES the Client is fully responsible and liable for
transporting all decorating/theming materials and other
property belonging to it and for any damage caused
within the Facility by such materials or property.
(d) The Client is liable for and hereby agrees to indemnify and
hold harmless FOHES from and against any claim, loss
(including without limitation, indirect loss, consequential
loss or loss of profit), damage, cost or expense (whether
in tort, contract or otherwise) arising from or connected
with the transport, installation, erection, display, use,
safekeeping, dismantling or removal of such materials
and property. The Client is liable for and must indemnify
and hold harmless FOHES against any and all costs and
expenses howsoever incurred in relation to any
alterations or additions made by it or on its behalf.
(e) Except with FOHES’s prior written consent or as
otherwise provided for in Clause 4.1(c) the Client shall not
undertake advertising or promotional activity at the
Facility or the Circuit, including, without limitation the
displaying of any corporate signage or corporate
identification within or outside the Facility.
(f) Purchasing merchandise from unauthorised vendors is
strictly forbidden. No goods (including literature) of any
nature may be offered free of charge, for sale or any form
of reward by any person within the Facility or the Circuit
except with the prior written consent of FOHES.
4.2 Nature and Location of the Facility/Grandstand Seats
(a) FOHES reserves the right to determine the nature and
location of the Facility and any dedicated areas within the
Facility in all respects including, without limitation,
whether or not (and if so, any conditions upon which)
FOHES may provide grandstand seating (if at all) and if
grandstand seating is provided by FOHES (in its absolute
discretion) the type and position of any grandstand
seating so provided.
(b) Whilst at the Facility or the Circuit, the Client must keep
to any designated areas as directed by FOHES (acting via
its nominees or otherwise) or the promoter of the Event.
The obstruction of gangways, access-ways, exits,
entrances or staircases, congregating in non-designated
areas or seeking entry to stands, seats or areas for which
the Client does not hold a ticket, is strictly forbidden.
4.3 Restricted Access Tours
(a) Subject to availability, FOHES (acting in its absolute
discretion) may permit the Client to participate in a guided
tour of certain restricted areas of the Circuit during the
Event Period (“Restricted Access Tours”), the availability
of which shall be notified by FOHES to the Client from
time to time.
(b) FOHES reserves the right to require at any time that each
Client wishing to participate in any Restricted Access Tour
shall sign a waiver and release of liability form(s) as a
condition of being granted access to the Restricted
Access Tour.
5. NO USE OF TICKETS INPROMOTIONS
5.1 The Client shall not, without the prior written consent of
FOHES, use for any advertising, promotional or commercial
purpose (including without limitation any prize,
competition, contest, lottery, auction, premium, giveaway
or sweepstake) in any media: 1) any Tickets; 2) the name of
FOHES or any Formula 1 Company; 3) the name of the
Event; 4) the name of any other round of the Championship
(or any abbreviation or foreign language version thereof);
5) any F1 or Formula 1 name or logo (including but not
limited to the “Formula 1 Paddock Club™” or the “Paddock
Club™” name or logo) (or any abbreviation or foreign
language version thereof); or 6) the Facility.
5.2 The Client shall not, without the prior written consent of
FOHES, package or bundle any Ticket with any other
hospitality, incentive, package, reward, benefit, product or
offering of any kind.
5.3 The Client shall not, without the prior written consent of
FOHES, do any act or thing to imply or give the impression
that: 1) it or its activities are connected to or endorsed by
the Formula 1 Paddock Club™ or FOHES and its affiliates;
or 2) it is a title sponsor of or supplier to, or is in any way
associated or affiliated with or connected to, the
Championship, the Event, the Facility or any Formula 1
Company.
6. NO ON-SELLING
6.1 The Client shall not sell, offer to sell, on-sell, exchange for
fee, reward or other valuable consideration, assign, sublet,
encumber, license, sub-license, transfer, dispose of or
otherwise deal with any of the rights, benefits or
obligations contained in these Terms and Conditions nor
sell or offer to sell any Ticket(s) to a third party without first
obtaining the prior written consent of FOHES and which
may include such conditions as FOHES thinks fit.
7. RESTRICTIONS ON USE OF NAMES ANDLOGOS
7.1 The Client shall not use any of the expressions “Formula
1™”, “Formula 1®”, “F1®”, “FIA Formula 1 World
Championship™”, “Formula 1 Paddock Club™”, “Paddock
Club™” or any trade marks (whether registered or
unregistered) or logo(s) pertaining thereto or any other
intellectual property right owned by FOHES, FOHES’s
affiliates or by any third party except with the prior written
consent of FOHES, FOWC, FOM or the relevant owner or
licensee of such trade mark or other intellectual property
right.
7.2 Ownership, possession or use of a Ticket does not confer
any rights (by implication or otherwise) on the Client to use,
alter, copy or otherwise deal with any of the symbols, trade
marks, logos and/or intellectual property appearing on the
Ticket.
7.3 The Client shall not use the name of the Event (or the name
of any other round of the Championship) or part thereof
(nor any abbreviation or foreign language version thereof)
nor any logo or graphic device of or relating thereto for any
commercial purpose whatsoever without the prior written
consent of FOHES first being obtained.
8. CATERING
8.1 FOHES is exclusively entitled to procure or authorise the
provision of all catering, food and beverage services for the
Facility and may appoint the Caterer and such other
persons as it thinks (in its absolute discretion) fit to provide
such catering, food and beverage services (or part thereof).
8.2 Clients are permitted to eat such food and beverages as are
provided in the Facility by the Caterer free of charge but are
not permitted to bring food or beverages of any description
into the Facility without the prior written consent of
FOHES.
9. CLIENT OBLIGATIONS ANDACKNOWLEDGEMENTS
9.1 Admission
(a) A valid Ticket (and if required, photographic proof of
identity and/or proof of age) must be produced to enter
the Facility and must be retained by the Ticket Holder at
all times during the Event Period. Removing any part of,
altering or defacing the Ticket may invalidate such Ticket
and any holder of an altered or defaced Ticket may be
refused entry to the Facility without any liability on the
part of FOHES, its affiliates or its nominees. Lost,
forgotten, stolen, damaged, defaced, forged, destroyed,
unreadable or incomplete Tickets will not be refunded or
replaced without the consent of FOHES.
(b) FOHES reserves the right to alter seat, suite or area
allocations (if any) without prior notice. The Client is not
guaranteed an uninterrupted and/or uninhibited view of
the Event from the seat, suite or area provided, nor is any
representation or warranty given as to the quality, content
or duration of the Event.
(c) The Client may only re-enter the Facility during the Event
Period at the discretion of FOHES. FOHES reserves the
right to restrict re-admission or pass-outs of any kind to
the Facility.
(d) Every effort will be made to admit latecomers to the
Facility however late admission to the Facility shall be at
the sole discretion of FOHES.
(e) No admission or re-admission to the Facility or the Circuit
is permitted after the end of the Event Period.
9.2 Display of Tickets
Clients shall comply with all security arrangements and display
in a clear and visible manner at all times on entry to and within
the Facility and the Circuit, the correct Ticket (and if requested by
FOHES wear a corresponding wristband at the Event) at all times
upon entry to and whilst within the Facility and in any area of the
Circuit where the Ticket permits access. FOHES and/or its
representatives reserve the right to refuse entry to the Facility to
any Client or any other person who does not comply with the
security arrangements or who is not displaying such Ticket and/
or is not wearing such wristband. FOHES and the Caterer each
reserve the right to refuse service to a person who is not
displaying such Ticket and/or is not wearing such wristband
within the Facility.
9.3 Compliance with Directions
The Client shall comply with:
(a) any security arrangements, directions or notices displayed
or given by officers, employees or agents of or persons
authorised by the FIA, FOWC, FOM, FOHES or the promoter
of the Event including, without limitation, notices,
directions or other requirements (including security checks)
relating to access and security at the Event or in the
Facility, medical matters, evacuation procedures or the
conduct of the Client(s) at the Event or in the Facility; and
(b) 1) the conditions of sale attaching to the Ticket; 2) the
conditions of entry displayed at the entrances to the
Facility and the Circuit (or elsewhere within the Circuit); and
3) any additional security, public order and safety
conditions of entry to the Facility or the Circuit that may be
issued by the operator of the Facility or promoter of the
Event from time to time (2) and 3) together being the
“Facility Regulations”); and all laws, regulations or
requirements of any authorities (including, without
limitation, the FIA, FOWC, FOM, Formula One Marketing
Limited (“FOML”) and the promoter of the Event) having
jurisdiction over the activities of FOHES, the Event and/or
the use or occupancy of the Facility.
9.4 Clients under the age of18
(a) Any Client who is under 18 years of age must be
accompanied and supervised at all times by an adult Ticket
Holder, who shall take full responsibility for such Client
under 18 years of age. Each person seeking admission to
the Facility during the Event must have their own Ticket
regardless of their age, with the exception of babes in
arms.
(b) Children below the age of seven will only be admitted into
the Facility if the parent/guardian of such children signs a
letter of undertaking (in the form provided by FOHES) to
indemnify the Formula 1 Companies in respect of any
liability arising from their decision to bring such children
into the Facility and to the Event. This letter may be
obtained in advance of the Event by emailing
hospitality@f1.com or can otherwise be obtained upon the
Ticket Holder’s admission to the Facility.
9.5 Client Acknowledgments and Liability
The Client acknowledges and accepts that:
(a) motor racing, the Event and certain activities associated
therewith (including, without limitation, support races and
support events and activities) are dangerous and that
some personal risk may be involved in attending the
Facility and the Event and therefore attendance by a Client
is entirely at its own risk;
(b) the Client, to the fullest extent permitted by law hereby:
(1) excludes, releases and forever discharges FIA,
sanctioning bodies, FOHES, FOWC, FOM, FOML,
Formula One Licensing B.V., Formula Motorsport
Limited, Formula One Asset Management Limited and
any of their affiliates, the sporting organiser, the
relevant national sporting authority, the promoter of
the Event and any other persons or organisations
involved in the organisation, conduct and promotion of
the Facility or the Event (including officials, marshals,
rescue and medical staff), the competitors and drivers
(such parties to include where relevant all directors,
officers, employees, agents, contractors and affiliated
companies) (the “Indemnified Parties”) from all liability
for claims, loss (including, without limitation, any
indirect loss, consequential loss or loss of profit),
damage, injury, costs or expenses whether in tort,
contract or otherwise arising from or connected with
the Event or the Facility including without limitation
any occurrence of fire or theft; and
(2) indemnifies and holds harmless and agrees to keep
indemnified and held harmless each of the Indemnified
Parties against any such claims, loss (including any
indirect loss, consequential loss or loss of profit),
damage, costs or expenses brought by, or arising
from any act or omission by the Client,
save that nothing in this Clause 9.5 or these Terms and
Conditions limits or excludes liability for: (A) death or personal
injury arising out of the negligence of any of the Indemnified
Parties; or (B) any damage incurred by way of fraud or
fraudulent misrepresentation, criminal act or breach of
statutory duty by any of the Indemnified Parties;
(c) without prejudice to Clause 9.5(d) or (e), it is a condition
of admission to the Event and the Facility that each Client
agrees that:
(1) notwithstanding Clause 9.5(c)(2), no Client shall
make, create, store, record or transmit any kind of
sound recording or audio, visual or audio-visual
footage (“Recording”) including photographic images
and any still pictures derived or capable of being
derived from a Recording (“Image”) or store, record or
transmit any information or other data, including
official timing, results, performance, telemetry,
weather or race control data (“Data”) of, at or in
relation to, the Facility or the Event for any form of
public advertisement, display, commercial gain or any
other commercial purpose;
(2) FOHES reserves the right not to allow personal
electronic devices (including but not limited to still
image cameras, mobile telephones and other
personal communications devices) to be taken into or
used at or within the Facility and if FOHES permits
such personal electronic devices within the Facility,
any Recording, Data or Image of, at or in relation to
the Facility or the Event that is recorded, stored
and/or created thereon may be used for personal,
private and non-commercial purposes only (which
does not include use in social media);
(3) no Client shall use any Ticket or any Recording, Data
or Image of, at or in relation to, the Facility or the
Event or behave in any way which: (i) is likely to bring
any Formula 1 Company, the FIA, the Championship
(or any of its officials and participants) into disrepute;
(ii) is defamatory of any person or organisation; (iii) is
offensive in any manner; or (iv) is in contravention of
any applicable laws;
(4) FOHES reserves the right to confiscate or destroy any
Recording, Image or Data which is in contravention of
these Terms and Conditions or the Facility
Regulations and any device on or from which such
Recording, Image or Data was made, stored, recorded
or transmitted without any liability to the Client or
owner or holder of such device;
(5) upon the request of FOHES, FOWC or FOM, the Client
shall assign to FOWC in writing the copyright and all
other intellectual property rights in any Image or
Recording at, of or in relation to, the Facility or the
Event that is created and/or recorded by the Client;
and
(d) by purchasing or using a Ticket and/or by entering the
Facility or attending the Event each Client:
(1) consents to the use by FOHES, FOML, FOWC, FOM
(and by any third party approved by FOHES, FOML,
FOWC or FOM) for the purposes of or in connection
with any publication, exhibition or broadcast
(including any advertising or promotional literature,
campaign or material) in any media worldwide (in
perpetuity and on a royalty-free basis) and approved
by FOHES or FOWC, of any still or moving image or
audio or visual recording taken at the Event or in the
Facility, where such image or recording includes any
image, voice, likeness or image of the Client;
(2) waives its personality, privacy, moral and image
rights to the extent necessary to permit such use; and
(3) accepts the terms of the Privacy Policy set out in
Clause 21 of these Terms and Conditions;
(e) the Client hereby grants to FOHES and its affiliates the
right (exercisable in its absolute discretion) to reproduce
and use the name and/or logo of any Client on signboards
(or other advertising devices) located within or around the
Facility or the Circuit during the Event Period and in any
advertising and promotional material relating to the
Facility or the Event and the Client waives all moral and
personality rights in relation to such use by FOHES and its
affiliates (on a royalty-free basis, in perpetuity and on a
worldwide basis); and
(f) the Client unconditionally and irrevocably constitutes and
appoints FOHES as its attorney to do, perform and
execute all things and documents as may be necessary or
desirable to transfer or assign any rights in or to any
Recording or Image referred to in Clause 9.5(c), (d) or (e)
above, to give effect to the same.
9.6 Liability for loss or damage toproperty
The Client acknowledges and accepts that:
(a) any property brought into the Facility or the Circuit by the
Client shall be at its own risk; and
(b) FOHES and its affiliates shall not be responsible for any
loss of or damage, howsoever caused (including without
limitation any loss or damage caused by fire or theft), to
any property of the Client or any property within the
possession of the Client which is lost or damaged within
the Facility or the Circuit.
9.7 Additional Security and Safety Precautions
(a) For reasons of security and safety, FOHES (acting via its
nominees or otherwise) reserves the right to search any
person or inspect any bag or other item which any person
wishes to bring in to or remove from the Facility, whether
before, during or after the Event.
(b) For the security of Ticket Holders whilst at the Facility,
CCTV cameras may be used at the Facility. The Client
consents to any footage that may be taken of the Client
for general security measures. The Client consents that
FOHES (acting via its nominees or otherwise) may use or
pass to the police any recordings from CCTV footage for
use in any proceedings.
(c) The Client may be exposed to loud noises at the Event.
The Client and any of its guests, particularly children, are
advised to wear hearing protection during motor racing
and music concerts (if any).
(d) The following articles must not be brought within the
Facility: knives, bladed items, firearms, ammunition,
fireworks, drones, smoke canisters, airhorns/claxons/vuvuzelas or any similar item, flares,
weapons, dangerous or hazardous items, selfie-sticks,
bicycles/roller-skates/skateboards/scooters/prams or
any similar item, phone jammers, radio scanners, walkietalkies, laser devices, illegal substances, bottles, glass
vessels, any article that might be used as a weapon
and/or compromise public safety and/or sabotage or
damage property or any item including protest (of a
political, religious or other nature) or offensive slogans or
messages. Any person in possession of such items will
be refused entry to the Facility. FOHES (acting via its
nominees or otherwise) reserves the right to confiscate
any item which, in the reasonable opinion of FOHES or its
nominees, may cause danger or disruption to others, the
Event or the Facility and shall have no obligation to return
such item to the Client or the owner or holder of such
item and no liability in respect of such item.
(e) The Client shall not install or use any electrical or
electronic equipment or apparatus within the Facility so
as to interfere with radio or television reception,
telecommunications transmission, electrical or electronic
apparatus or equipment or the operation of any other
equipment in the Facility.
9.8 Right to refuse Entry
(a) FOHES (or any person operating the Facility or any aspect
of the Facility for FOHES) may refuse entry to the Facility
to a Client or remove a Client from the Facility (without
refund) where FOHES (or such person) regards it as
necessary or appropriate to do so on grounds of health,
safety, security or public order or where FOHES or such
person believes that the admission or continued
presence of that Client would be materially prejudicial to
any other person’s enjoyment of the Facility.
(b) Where a Client in possession of a valid Ticket is refused
entry to or removed from the Facility under this Clause
9.8, FOHES may (in its absolute discretion) issue a partial
or full refund of the Ticket Amount in respect of the
relevant Ticket to the Client (but has no obligation to do
so), and in either case neither FOHES nor any person
operating the Facility or any aspect of the Facility shall
have any obligation to the Client in respect of the Client’s
use or non-use of the Facility on the day in question.
9.9 Smoking
At the Event FOHES may, subject to applicable laws, designate
one or more areas within the Facility at the Event as a smoking
area, which will be clearly marked as such. Smoking is not
permitted anywhere in the Facility outside of a designated
smoking area. Vaping shall only be permissible within the
Facility at such Events (and in such areas) as FOHES expressly
approves from time to time (and which shall be notified to
Ticket Holders at each relevant Event).
10. COMPLIANCE WITH ANTI-CORRUPTION LAWS AND
SANCTIONS
10.1Notwithstanding any other provision of these Terms and
Conditions, each of the Client and the Ticket Holder
undertakes that it shall not under any circumstances
provide, whether free of charge or for value, a Ticket to any
person who is the subject of US, UK or EU government
imposed sanctions (a Sanctioned Individual).
10.2Each of the Client and the Ticket Holder represents,
warrants and undertakes to FOHES as at the date of the
Event and until the end of the Event Period that he or she
is not a Sanctioned Individual or under investigation by the
US, UK or EU government or a US, UK or EU government
agency or authority in connection with any fraud, moneylaundering, bribery or corruption.
11. BREACH
11.1Default
If a Client commits any breach of these Terms and Conditions or
any applicable Facility Regulations, then on the giving of notice
by FOHES to the Client at any time after the occurrence of such
breach:
(a) FOHES will have the right to remove that Client from the
Facility and the Circuit without incurring any liability to
the Client;
(b) that Client shall be deemed to have forfeited its rights but
not its obligations under these Terms and Conditions and
the Facility Regulations;
(c) FOHES will be free to cancel or re-sell any Ticket(s) held by
the Client who is in default;
(d) FOHES shall be entitled to demand that the Client
unconditionally and irrevocably constitutes and appoints
FOHES as its attorney to do, perform and execute all things
and documents as may be necessary or desirable to
transfer or assign its rights, benefits and entitlements; and
(e) the forfeit of any monies pursuant to Clause 11.1(b) shall
not preclude any other rights which FOHES may have
under these Terms and Conditions or the Facility
Regulations.
11.2Refund of Monies to Client
(a) FOHES reserves the right to make alterations to the time,
date, duration and programme of the Event, the Opening
Hours or Event Period, Facility, catering or hospitality or
any other details governed by any Ticket in the event of
unforeseen or other circumstances, including (without
limitation) force majeure, safety and security concerns or
decisions from any competent authority. In the event of
such alteration, FOHES will not be liable to the Ticket
Holder or any other person for any costs, expenses or other
losses resulting from such alteration, except to the extent
set out in Clause 11.2(c) or (d).
(b) It is the Client’s responsibility to ascertain whether the
Event has been cancelled or re-scheduled and the date and
time of any re-scheduled Event or whether any of the
Opening Hours, Event Period or Facility has changed and
the revised Opening Hours, Event Period or Facility. Where
the Event is cancelled or rescheduled or the Facility or
Event Period has changed, FOHES will use its reasonable
endeavours to notify the Client using the details provided
to FOHES on the Booking Form. FOHES cannot guarantee
that the Client will be informed of such cancellation or
change before the date of the Event.
(c) If Client has purchased the Ticket and is using the Ticket for
personal use:
(1) if the Facility is not open during the entirety of the
relevant Event Period and there is no motor racing
during the entirety of the relevant Event Period, the
Client shall be entitled to either: (a) subject to
availability, a replacement ticket of equivalent financial
value, giving access to the Facility on the date to which
the Event has been postponed or at an alternative
round of the 2023 Championship or 2024
Championship, or (b) a full refund for the Ticket Amount
in respect of the relevant Ticket, provided that the
Client applies for such replacement ticket/refund in
accordance with Clause 11.2(h);
(2) if the Facility is open during the entirety or any part of
the relevant Event Period but there is no motor racing
during the relevant Event Period, the Client shall be
entitled to a refund equal to 50% of the Ticket Amount
in respect of the relevant Ticket, provided that the
Client applies for such refund in accordance with Clause
11.2(h); and
(3) if the Facility is open during the entirety or any part of
the relevant Event Period and motor racing takes place
during the relevant Event Period, but this does not
include any qualifying, practice or race sessions of the
Championship, the Client shall be entitled to a refund
equal to 25% of the Ticket Amount in respect of the
relevant Ticket, provided that the Client applies for such
refund in accordance with Clause 11.2(h).
(d) If Client has purchased the Ticket and is using the Ticket in
the course of business and: 1) the Facility is not open
during the entirety of the relevant Event Period; and 2)
there is no motor racing during the entirety of the relevant
Event Period; and 3) as a consequence, the Client does not
use or receive any benefit whatsoever from the Facility and
services contemplated by these Terms and Conditions
during that Event Period, the Client shall be entitled to
either: (a) subject to availability, a replacement ticket of
equivalent financial value, giving access to the Facility on
the date to which the Event has been postponed or at an
alternative round of the 2023 Championship or 2024
Championship, or (b) a full refund for the Ticket Amount in
respect of the relevant Ticket, provided that the Client
applies for such replacement ticket/refund in accordance
with Clause 11.2(h).
(e) For the avoidance of doubt, no Client (whether such Client
has purchased and is using the Ticket for personal or
business use) shall be entitled to any refund, replacement
ticket or other compensation in the event of any alteration
to the time of day, duration or programme of the Event, the
Opening Hours or Event Period, Facility, catering or
hospitality or any other details governed by any Ticket,
save as set out in Clause 11.2(c) and (d).
(f) Client shall not be entitled to a refund of any fees or
charges paid in addition to the Ticket Amount (for example,
any handling, processing or delivery fee or postage or
courier charges or any travel or accommodation costs)
except where required by English law. No interest or costs
will be payable in respect of any monies refunded.
(g) Subject to Clause 11.2(c) and (d) above and without
prejudice to any liability of FOHES for death or personal
injury caused by FOHES’s negligence or to any liability of
FOHES caused by its fraudulence or fraudulent