:::The Going: Update:Soft, Soft to heavy in places ::: Posted 16th Mar 2019
TERMS AND CONDITIONS OF ENTRY
PART I - GENERAL CONDITIONS
PART II - SPECIAL CONDITIONS
SPECIAL CONDITIONS A - PARTICIPANTS IN RACING
SPECIAL CONDITIONS B - MEDIA CONTRACTORS AND LICENSEES
SPECIAL CONDITIONS C - PHOTOGRAPHERS
SPECIAL CONDITIONS D - PRESS
SPECIAL CONDITIONS E - ON-COURSE BOOKMAKERS AND STAFF
SPECIAL CONDITIONS F - CONTRACTORS, TRADES AND EXHIBITORS
TERMS AND CONDITIONS OF ENTRY TO DOWN ROYAL RACECOURSE
IMPORTANT - PLEASE READ
PART I - GENERAL CONDITIONS
The following General Conditions apply to all Attendees.
1. The Effect of these Conditions and Variations
1.1 All Attendees who enter the Racecourse (including all surrounding land, car parks and other facilities which are under the ownership and/or control of the Racecourse) shall be deemed to have accepted these Conditions. Attendees are admitted to the Racecourse strictly subject to these Conditions. There are no exceptions.
1.2 Whilst these Conditions are intended to be comprehensive, Attendees are admitted to the Racecourse on the basis that they will comply with both the letter and the spirit of these Conditions.
1.3 All Attendees are permitted access to the Racecourse at our discretion and must conduct themselves on the Racecourse in accordance with all reasonable rules, requests and guidelines which we may publish and impose from time to time. We reserve the right to amend and supplement these Conditions by publishing additional and supplementary conditions and guidelines from time to time (Variations). Variations will be effective to vary these Conditions on such basis as we may stipulate and may be of permanent or temporary effect. We will take all reasonable steps to bring any Variations to your attention.
2. Badges, AIR Cards and Other Entitlements to Enter the Racecourse
2.1 Badges, Association of Irish Courses (AIR) Cards, tickets and other entitlements to enter the Racecourse are non-transferable. They may not be transferred, sold, offered for sale, coupled or bundled with any other product or services or used for any commercial or promotional purpose whatsoever without our consent (which we may withhold in our absolute discretion).
2.2 All badges, AIR Cards, tickets and other entitlements issued by us or on our behalf shall remain our property at all times. We reserve the right to require the immediate return of all badges, AIR Cards or tickets at any time.
2.3 These Conditions apply to all Attendees irrespective of whether or not an Attendee has paid for admission and whether or not an Attendee has been issued with a badge (of any type), AIR Card or other ticket, document or entitlement to enter the Racecourse.
2.4 We are entitled to impose these Conditions of entry on badge holders, AIR Card holders and all other Attendees in addition to any terms and conditions to which a badge, AIR Card or other entitlement may have been issued or granted. Holders of badges, AIR Cards or other entitlement may only enter the Racecourse subject to these Conditions. In the event of any inconsistency between these Conditions and any terms and conditions upon which any badge, AIR Card or other entitlement has been issued these Conditions will prevail.
2.5 No refund shall be given in respect of any unused part of any badge or other entitlement.
2.6 Any Attendee (including any member) holding any badge, AIR Card, ticket or other entitlement will be admitted only on presentation of the relevant badge, AIR Card, ticket or other entitlement. Any Attendee who fails to bring his or her badge, AIR Card, ticket or other evidence of entitlement to a fixture will only be admitted on payment of the full daily admission price for the relevant enclosure (if any) applicable on the day.
2.7 Attendees must ensure that badges are securely attached to their clothing on racedays and visible at all times and otherwise show badges, AIR Cards, tickets and other entitlements to officials at any time upon request.
3. Lost or Stolen Badges and Tickets
We accept no responsibility for lost or stolen badges, AIR Cards, tickets or other entitlements. The Racecourse has no obligation to replace a lost or stolen badge, AIR Card, ticket or other entitlement. In the event that we decide to replace a lost or stolen badge, AIR Card, ticket or other entitlement we may charge a fee to do so.
4.1 Permission to enter the Racecourse does not constitute guaranteed entry to any particular area of the Racecourse or any Racecourse buildings or facilities. We reserve the right to refuse or condition access to areas of the Racecourse from time to time and on a temporary or permanent basis.
4.2 Unless we give specific permission (either in the Special Conditions or otherwise from time to time) Attendees are prohibited from entering the Weighing Room, the Stewards' Room, the Veterinary Boxes, the Racecourse Stables, the Judges' Box, the Winners' Enclosure, the Parade Ring, the Racecourse Data Collection Area and any other areas marked private or to which we may restrict access from time to time.
4.3 Children under sixteen are not allowed to enter the Winners' Enclosure or the Parade Ring in any circumstances.
4.4 No badge, AIR Card, ticket or other entitlement guarantees access to the Racecourse or any area of the Racecourse.
4.5 The badge, AIR Card, ticket or other entitlement to entry issued to an Attendee may restrict access to certain areas of the Racecourse including the various enclosures. Where a badge, AIR Card or other entitlement restricts access to some or all enclosures, transfers between enclosures may be possible on a raceday. Transfers will be subject to application at the Racecourse Office.
4.6 No badge, AIR Card or other entitlement gives any Attendee any right to receive, use or exploit any racing data, audio, visual or audio-visual coverage of any race or fixture. Any coverage or data made available at the Racecourse is made available for the personal use and consumption of Attendees only and redistribution to any person outside the Racecourse is strictly prohibited.
5. Conduct of Attendees
5.1 We reserve the right at any time and without prior notice to refuse admission to or expel any Attendee who, in our reasonable opinion:
(a) has breached or is likely to breach these
Conditions and any Variation (as described in Condition 1.3);
(b) has or is likely to commit an offence or otherwise do anything which is unlawful; and/or
(c) behaves or is likely to behave in an unacceptable or unruly manner or in a manner likely to cause offence to other Attendees.
5.2 All Attendees must follow the reasonable written and/or verbal instructions of Racecourse safety stewards, other staff and officials and the police or other emergency services at all times.
5.3 We reserve the right to require any Attendee to leave the Racecourse, or to remove an Attendee from the Racecourse, without giving a reason.
5.4 In the interests of safety we may request to conduct personal body searches of Attendees and/or search their personal belongings. We shall be entitled to refuse entry to or expel from the Racecourse any Attendee who refuses to comply with such a request.
5.5 The following items must not be brought onto the Racecourse: knives, fireworks, smoke canisters, air-horns, drinking glasses, bottles or other glass or similarly breakable containers, cans, poles and any other article that might be used as a weapon and/or may in our reasonable opinion compromise public safety. Any Attendee in possession of such items will be refused entry to the Racecourse or expelled.
5.6 The following are prohibited on the Racecourse:
(a) flags, banners and other articles and any
behaviour which may distract or frighten the horses;
(b) any behaviour which may disrupt or impair the experience of other Attendees;
(c) climbing fences, stands or any other structures or buildings;
(d) throwing any object without lawful authority or excuse;
(e) obstruction of gangways, access ways, exits, entrances, stairways and similar places;
(f) damaging or defacing Racecourse property; and
(g) smoking in any designated "No Smoking" areas.
5.7 We reserve the right to designate any and all areas of the Racecourse as "No-Smoking" Areas from time to time.
5.8 From time to time we will close race track crossings for safety reasons. Attendees are prohibited from attempting to cross any closed crossing or attempting to cross the race track other than at an open crossing.
6. Dress Code
We may at our discretion implement a dress code for particular race days, for specific enclosures on race days and/or any other areas of the Racecourse where a particular dress code is required as specified in Annex . All Attendees must comply with the dress code for each race day, for each enclosure and/or any other areas of the Racecourse where a dress code may be in force from time to time. We reserve the right to refuse an Attendee access to any area of the Racecourse where a dress code is in force with which the Attendee is not complying.
7. Unauthorised Trading, Advertising, Leafleting and other Commercial or Promotional Activity
7.1 Only those Attendees, who have been given express
prior permission by us to trade, advertise, distribute leaflets or conduct any
other commercial or promotional activities on the Racecourse may do so.
Trading, advertising, leafleting and commercial or promotional activities by
all other Attendees is strictly prohibited. This prohibition extends to
(a) any unauthorised badge, ticket or racecard sellers or hawkers; and
(b) any person directly or indirectly involved in the collation and/or distribution of any audio, visual, audio-visual coverage of or data relating to any race or fixture at the Racecourse or any other Northern Irish or Irish racecourse which has not been expressly permitted in advance by us.
7.2 We reserve the right to confiscate any equipment, stock or other materials in the possession of any Attendee whilst on the Racecourse who is, or whom we reasonably believe to be, involved in unauthorised trade, advertising, leaflet distribution or other commercial or promotional activities.
7.3 We reserve the right to take such legal action (including where appropriate obtaining injunctive and other relief) against or in respect of any person who is in breach of this Condition 7, who has in the past breached this Condition 7 (or any equivalent prior provision) or whom we reasonably believe will breach this Condition 7.
7.4 Where any unauthorised advertising or other sponsorship, promotional or marketing material is distributed to Attendees outside the Racecourse including but not limited to items of clothing, we reserve the right to refuse entry to any Attendee in possession of such material and to confiscate such material from Attendees within the Racecourse.
No Attendee may lay bets or otherwise conduct any betting or gaming business whilst on the Racecourse unless specifically entitled to do so by us. This does not prohibit Attendees placing bets with those on-course bookmakers or other properly authorised betting businesses.
9. Food and Drink
Attendees are prohibited from taking food, drink, glass bottles and glasses onto any part of the Racecourse except for any areas where this is specifically permitted by us.
Attendees are prohibited from bringing alcohol onto the Racecourse.
10. Use of Camera, Video, Computer and Telecommunications Equipment
Please note: Non-compliance with the following provisions may constitute a serious breach of these Conditions, as a result of which we may have the right to cancel and withdraw any badge, AIR Card, tickets or other entitlements issued to you. Use of cameras, video equipment, laptop and other computer equipment, mobile telephones and other telecommunications devices at the Racecourse is strictly controlled and limited. You are not permitted to make any commercial use of any audio/visual coverage, still images or data relating to racing at the Racecourse.
10.1 Save as expressly permitted by these General Conditions and any Special Conditions, no Attendee may use any device, technology or communications system to capture, record, store, broadcast, transmit, make available or otherwise disseminate by digital or any other means any still (including photographic), audio, visual, audio-visual coverage or record of, or any data available at the Racecourse relating to, any race or any fixture at the Racecourse or any other Northern Irish or Irish racecourse. The prohibition shall extend to any coverage or record in any form (including audio/visual and data) of any activity occurring on the Racecourse in addition to the running of any race itself including, without limitation, all activities involving the preparation of any horse or jockey for any race, the parading of any horse in the Parade Ring, any activity in the Weighing Room, the Stewards' Room, the Veterinary Boxes, the Racecourse Stable, the Judges' Box, the Winners' Enclosure and the Racecourse Data Collection Area.
10.2 Subject to the following Conditions, Attendees
may use devices to capture still images (but not moving images or any audio) in
the form of photographs or similar (Stills) for private and domestic use
only. The following Conditions apply:
(a) Photography on the racing surface is strictly forbidden.
(b) Flash photography is also strictly forbidden.
(c) Attendees shall use Stills for private and domestic purposes only and no other purposes. In particular, no Attendee shall sell, licence, assign, syndicate, distribute or otherwise exploit or make available any Still for gain, profit or any commercial purpose whatsoever, nor shall any Attendee permit any person to do so on his or her behalf.
10.3 Save as expressly permitted by any Special Condition no Attendee may use any mobile telephone, computer or other device or telecommunications equipment or system to capture, store and/or distribute (whether by way of speech or the electronic transmission of any data in any form) any data or information concerning or relating to any race, fixture or other race-related activity at the Racecourse including but without limitation, and by way of example only, any information relating to runners and riders, conditions (including going and weather conditions), silk colours, weights, changes to racecards, betting odds (including on-course betting odds and other betting related information), starting information, in-race information, race results and the results of any enquiry.
10.4 By accepting these Conditions you agree that all copyright and other intellectual property rights in any unauthorised Still, audio, visual, audio-visual coverage or collation of data shall be assigned to us. To the extent that these Conditions are not sufficient to give effect to this assignment you will do all such things and execute all such documents as we may require from time to time giving effect to such assignment.
10.5 Save as expressly permitted by any Special Condition Attendees may not use mobile telephones or any other communications device whilst on the Racecourse to communicate with anyone outside the Racecourse for the purpose of or in connection with any betting.
10.6 We reserve the right to confiscate any camera, video equipment, mobile telephone, radio and any telecommunications or other device (including computer similar equipment) and any media or device upon which any audio/visual content or data may be stored where it has been in the possession or under the control of any Attendee who has breached or is likely to breach this Condition 10 or any person associated with such an Attendee.
11. Journalists, Publishing and Reporting
Without prejudice to Condition 10, other than persons specifically admitted to the Racecourse on the basis of Special Conditions B and/or D (where appropriate) all other Attendees are prohibited from doing those things permitted by Special Conditions D including and extending to the publication, broadcast or distribution by any other means of any composition, report or other material. The prohibition in this Condition 11 applies irrespective of the means of publication, broadcast, distribution and whether or not such means is specifically referred to in Special Conditions D.
12. Media Coverage and recording for promotional purposes
All Attendees (which for the purposes of this clause also includes
horses and for the avoidance of any doubt includes families with children) are
reminded that many races and fixtures are given coverage on television, radio
and in print and various other forms of media. By entering the
Racecourse Attendees are accepting they may appear in such coverage which may
also include printed or electronic material used for the promotion of the
Accordingly, Attendees shall have no right to object to their inclusion in any such coverage whether produced by the Racecourse or by third parties authorised by the Racecourse. Furthermore by entering the Racecourse each Attendee consents to the passing of still or moving images of them to third parties authorised by the Racecourse for the purposes of the production of printed or electronic material to be used solely for the Promotion of the Racecourse.
Each Attendee will give any additional consents or waivers required for the unrestricted lawful use of any coverage (if any) without request for payment or imposing any other conditions.
13.1 Dogs are not permitted in any enclosure except for those required for disabled assistance.
13.2 Where dogs are permitted they must be kept on leads or in harness at all times and must not be allowed to foul anywhere on the Racecourse.
13.3 To the extent we are legally able to do so, we reserve the right, if necessary, to force entry into a car to release animals which may be suffering.
14. Loss or Damage
14.1 Any property brought onto the Racecourse by an Attendee remains at all times at the entire risk of the Attendee. The Racecourse accepts no responsibility for the theft or other loss or damage to Attendees' property.
14.2 Attendees must accept that, by its very nature, attending race meetings is not without risk. Attendees must therefore remain vigilant and exercise a reasonable degree of caution and care for themselves and those around them at all times.
14.3 Subject to Condition 14.4, we shall not be liable for any direct loss arising out of any breach by us of these Conditions where such loss was not reasonably foreseeable by us; nor shall we have any liability for any indirect or consequential loss, damage, costs or expenses, any loss of profits, loss of opportunity or loss of revenue whether foreseeable or not.
14.4 Nothing in these Conditions shall limit or exclude our liability in respect of death or personal injury caused by our negligence or fraudulent act or omission.
14.5 Nothing in these Conditions shall affect the statutory rights of any Attendee attending a race meeting as a consumer.
All vehicles parked or stored within the Racecourse are parked at the owners risk and the Racecourse accepts no responsibility for such vehicles.
16. Abandoned or Delayed Racing and Other Events Affecting Racing
16.1 Race fixtures and races may be abandoned at any time in accordance with directions from the Irish Horseracing Regulatory Board and any successor body, the police or other emergency services. Fixtures and races may also be delayed or abandoned in other exceptional circumstances beyond our reasonable control.
16.2 In the event of any fixture being abandoned before the start of the second race a full refund will be given. In the event of the fixture being abandoned after the start of the second race no transfer or refunds will be available.
16.3 In the event that a refund or transfer is due to an Attendee pursuant to the Racecourse policy, these cannot be made on racedays. To obtain a refund or transfer Attendees should contact the Office Manager, Down Royal Racecourse, Maze, Lisburn BT27 5RW.
16.4 Save as set out in these Conditions, we will have no further liability in relation to any abandoned or delayed racing.
16.5 We give no guarantee that any race or race meeting will take place; nor do we give any representation or warranty concerning the nature or quality of any race or meeting which may be held at the Racecourse.
16.6 Save as provided above, we shall not be liable to any Attendee if and to the extent that any failure or omission by us results from any event beyond our reasonable control such as, but not limited to, war, acts of terrorism, civil disturbance, any order or act of a governmental or regulatory body, fire, flood, severe adverse weather conditions, labour dispute, lock-out, disease, epidemic or other circumstances concerning the healthcare or well-being of humans and/or animals.
17. Payment Terms
Ticket prices are inclusive of VAT unless otherwise stated. The Racecourse reserves the right to charge VAT (or any other applicable tax or levy) on any other services supplied including sponsorship and corporate hospitality.
In the event of an emergency (bomb scare, fire hazard, etc.) all areas must be evacuated. Please listen to announcements over the public address system. Any emergency should be reported immediately to a member of the Racecourse staff and/or the Racecourse Office.
We will use our discretion in deciding when to enforce these Conditions. The nature and complexity of racecourse operations means that we are unlikely to enforce these Conditions in every instance in which there is a breach. However, notwithstanding this we nonetheless reserve the right to enforce (without limitation whether by taking practical steps and/or bringing legal proceedings) in every instance where we deem it appropriate. No failure or delay to enforce, or decision by us not to enforce, should be construed as a waiver of our right to do so.
These Conditions shall be governed by the laws of Northern Ireland.
PART II - SPECIAL CONDITIONS
The following Special Conditions apply only to certain classes of Attendee. Most Attendees will not fall within any of the categories covered by the following Special Conditions. Attendees will only be required to comply with, and will only be entitled to any of the rights and privileges set out in, the following Special Conditions where specifically and expressly admitted to the Racecourse on the basis of one or more of the categories of Special Condition. An Attendee may, however, be admitted on the basis of more than one of the relevant categories.
SPECIAL CONDITIONS A - PARTICIPANTS IN RACING
21. Scope of Special Conditions A
21.1 These Special Conditions A apply to all Attendees who are actually involved in racing at a particular fixture whether as racecourse officials including but not limited to Irish Horseracing Regulatory Board officials, racehorse owners, trainers, jockeys, veterinary or other animal care or welfare professionals, assistants to any of the foregoing, stable staff, drivers or other Attendees fulfilling comparable roles directly related to the business of racing on the relevant day (Racing Professionals).
21.2 These Special Conditions A apply whether or not a Racing Professional Attendee holds a badge, AIR Card or other entitlement to enter the Racecourse.
22. Applicable Conditions
22.1 Where your entry to the Racecourse is by AIR Card you must show your AIR Card at the AIR entrance to collect your day badge allocation.
22.2 Where appropriate, your AIR Card and/or badge will entitle you to access to the Racecourse's owners' and trainers' facilities, the Parade Ring and the Winners' Enclosure. Racing Professionals will be granted access to the different areas of the Racecourse depending upon the role of the relevant Racing Professional, as we determine.
22.3 All vehicles including all vehicles used to transport horses must be driven with the utmost care whilst on the Racecourse and all vehicle drivers must comply with all instructions of Racecourse staff and other officials. Vehicles must only be driven along routes and parked in areas specifically designated by us. We reserve the right to require that any vehicle be moved if it is not parked in an area designated by us or if it is otherwise obstructing the smooth operation of the Racecourse or represents a safety hazard.
SPECIAL CONDITIONS B - MEDIA CONTRACTORS AND LICENSEES
23. Scope of Special Conditions B
23.1 We (and or our duly authorised agents and sub-licensees) may from time to time enter into agreements with third parties under which those third parties, their sub-contractors and licensees are permitted to enter the Racecourse for the purpose of producing still images or audio/visual/data coverage of races and fixtures and/or transmitting, broadcasting or otherwise distributing such coverage from the Racecourse (a Third Party Media Agreement). These Special Conditions B apply to all Attendees who are present on the Racecourse under the terms of a Third Party Media Agreement (Media Attendees).
23.2 These Special Conditions B apply whether or not a Media Attendee holds a badge, AIR Card or other entitlement to enter the Racecourse.
23.3 Subject to any special conditions that may be agreed in any Third Party Media Agreement all Media Attendees granted access to the Racecourse under these Special Conditions B must hold and maintain, or their employers must hold and maintain, comprehensive and adequate public liability insurance with a reputable insurer on industry standard terms to cover a reasonable level of liability for any claim for which they may become liable as a result of any loss or damage which they cause whilst present on the Racecourse. We reserve the right to refuse entry to, or to expel, any Media Attendee admitted under these Special Conditions B who does not produce satisfactory evidence of such insurance on demand or within such period as we may determine.
24. Your Rights
24.1 Ordinarily the rights which Attendees have to produce audio/visual/data coverage of races and fixtures is limited under Condition 10. However, where Media Attendees are present on the Racecourse under the terms of a Third Party Media Agreement it is likely that the scope of the rights which the relevant third party enjoys in respect of, or to produce and exploit, audio/visual/data coverage of races and fixtures will be wider than that permitted under Condition 10.
24.2 To the extent that the rights granted under a Third Party Media Agreement are wider than the rights granted under the General Conditions, including (but not limited to) Condition 10, Media Attendees will be entitled to exercise and exploit those rights granted to the third party under the relevant Third Party Media Agreement.
24.3 Please note, however, that save where we have expressly agreed otherwise in writing the rights granted a third party under a Third Party Media Agreement will be personal to that third party. Accordingly, Media Attendees' rights to attend the racecourse will be strictly as an employee or sub-contractor to the relevant third party and Media Attendees will not be entitled to exercise any rights to, or to produce and exploit, audio/visual/data coverage of races and fixtures on their own behalf or for any purpose other than that permitted under the relevant Third Party Media Agreement.
24.4 Media Attendees must comply with the terms of any applicable Irish Horseracing Regulatory Board instructions which may be relevant to their activities on the Racecourse. Particular attention is drawn to Photographer Instructions which are set out in the Annex to these Conditions.
25. Third Party Media Agreements to Prevail
If and to the extent that there is any conflict between these Conditions and the terms of any Third Party Media Agreement, the terms of the Third Party Media Agreement shall prevail.
SPECIAL CONDITIONS C - PHOTOGRAPHERS
26. Scope of Special Conditions C
26.1 These Special Conditions C apply to all Attendees who have been granted express authorisation by the Management.
26.2 Only those persons who attend the Racecourse holding a valid authorisation by the Management will be entitled to enter the Racecourse on the basis of the Special Conditions C.
26.3 Without prejudice to Condition 26.2, the Special Conditions C apply whether or not an Authorised Photographer holds a badge, AIR Card or other entitlement to enter the Racecourse.
27. Special Conditions for Holders of Photographers' Accreditation
27.1 In these Special Conditions C the following words
and expressions shall have the following meanings:
(a) Internet means the global network of computer systems using TCP/IP protocols known as the world wide web.
(b) Newspaper and News Magazine mean, respectively, a newspaper or magazine published and distributed in printed paper format but specifically excluding any "one off", special or commemorative edition or supplement and newspaper or magazine based on a specific racecourse.
(c) Photograph means any still visual image, or information capable of being converted into a still visual image, (whether such still visual image is in physical, negative or digital form or any other form of electronic storage of whatever nature and whether existing now or invented in the future) but shall specifically exclude any moving images, digital sequencing or audio in any form.
(d) Publish means to use, reproduce, distribute, store or communicate to any person in any form (whether in hard or electronic copy, whether permanent or transient and whether existing now or invented in the future).
27.2 Authorised Photographers shall produce satisfactory evidence of their Photographer's Accreditation upon demand. We reserve the right to refuse entry to, or to expel, any Attendee who does not produce such evidence when asked to do so.
27.3 All Authorised Photographers granted access to the Racecourse under these Special Conditions C must hold and maintain, or their employers must hold and maintain, comprehensive and adequate public liability insurance with a reputable insurer on industry standard terms to cover a reasonable level of liability for any claim for which they may become liable as a result of any loss or damage which they cause whilst present on the Racecourse. We reserve the right to refuse entry to, or to expel, any Attendee admitted under these Special Conditions C who does not produce satisfactory evidence of such insurance on demand or within such period as we may determine.
27.4 Authorised Photographers must wear any form of identification issued by us to identify them as Authorised Photographers and will return any such identification upon request.
27.5 Save as we may expressly agree otherwise in writing from time to time, Authorised Photographers must not wear any form of branded clothing or otherwise participate in any promotional or other commercial activity on the Racecourse.
27.6 Authorised Photographers will not do any of those things prohibited by Condition 10 save as expressly permitted by these Special Conditions C.
27.7 Authorised Photographers will only Publish
(a) in a Newspaper or News Magazine; or
(b) as a reproduction on the Internet of an equivalent electronic version (operating under the same or a substantially similar title or brand name) of any Newspaper or News Magazine in which the Photograph is actually Published. A Photograph must only be made available on the Internet subject to terms which incorporate clear and legally binding provisions prohibiting:
(i) the reduction of any Photograph to hard copy form; and/or
(ii) the Publication of any Photograph except in order to enable it to be viewed on the relevant Internet website or service.
We acknowledge that Newspaper and News Magazine versions of a Photograph may be published at different times to Internet website versions of the same Photograph and that the different versions may therefore not be identical.
27.8 Authorised Photographers must comply with the terms of any applicable Irish Horseracing Regulatory Board Instructions which may be relevant to their activities on the Racecourse. Particular attention is drawn to the Instructions which are set out in the Annex to these Conditions.
27.9 Authorised Photographers may not attach cameras to any marker posts (including winning post and furlong markers).
SPECIAL CONDITIONS D - PRESS
28. Scope of Special Conditions D
28.1 These Special Conditions D apply to all Attendees.
28.2 Only those persons who attend the Racecourse holding valid authorisation from the Management will be entitled to enter the Racecourse on the basis of these Special Conditions D.
28.3 Without prejudice to Condition 28.2, these Special Conditions D apply whether or not an Authorised Press Attendee holds a badge, AIR Card or other entitlement to enter the Racecourse.
29. Special Conditions for Holders of Press Accreditation
29.1 In these Special Conditions D the following words
and expressions shall have the following meanings:
(a) Article means any composition or fixture report created at the Racecourse about a race or fixture or about any person involved in any race or fixture, whether for immediate, simultaneous or delayed publication or other distribution.
(b) Internet means the global network of computer systems using TCP/IP protocols known as the world wide web.
(c) Mobile Text Service means a service, whether free or pay, via which text only (that is, no audio/visual content whatsoever) versions of Articles are distributed using mobile telecommunications technologies such as GPRS and 3G to devices which are capable of two-way communications of data and voice and intended for use while the user is in motion.
(d) Newspaper and News Magazine mean, respectively, a newspaper or magazine published and distributed in printed paper format but specifically excluding any "one off", special or commemorative edition or supplement and newspaper or magazine based on a specific racecourse.
(e) Publish means to use, reproduce, distribute, store or communicate to any person in any form (whether in hard or electronic copy, whether permanent or transient and whether existing now or invented in the future).
29.2 Authorised Journalists shall produce satisfactory evidence of their Authorisation from the Management upon demand. We reserve the right to refuse entry to, or to expel, any Attendee who does not produce such evidence when asked to do so.
29.3 All Authorised Journalists granted access to the Racecourse under these Special Conditions D must hold and maintain, or their employers must hold and maintain, comprehensive and adequate public liability insurance with a reputable insurer on industry standard terms to cover a reasonable level of liability for any claim for which they may become liable as a result of any loss or damage which they cause whilst present on the Racecourse. We reserve the right to refuse entry to, or to expel, any Attendee admitted under these Special Conditions D who does not produce satisfactory evidence of such insurance on demand or within such period as we may determine.
29.4 Authorised Journalists must wear any form of identification issued by us to identify them as Authorised Journalists and will return any such identification upon request.
29.5 Save as we may expressly agree otherwise in writing from time to time, Authorised Journalists must not wear any form of branded clothing or otherwise participate in any promotional or other commercial activity on the Racecourse.
29.6 Authorised Journalists will not do any of those things prohibited by Condition 10 save as expressly permitted by these Special Conditions D.
29.7 Authorised Journalists will only Publish
(a) in a Newspaper or News Magazine; or
(b) as a reproduction on the Internet or a Mobile Text Service of an equivalent electronic version (operating under the same or a substantially similar title or brand name) of any Newspaper or News Magazine in which the Article is actually Published. The terms upon which any Article is made available on an Internet website or a Mobile Text Service must incorporate clear and legally binding provisions prohibiting:
(i) the reduction of any Article to hard copy form; and/or
(ii) the Publication of any Article except in order to enable it to be viewed on the relevant Internet website or Mobile Text Service.
We acknowledge that Newspaper and News Magazine versions of an Article may be published at different times to Internet website or Mobile Text Service versions of the same Article and that the different versions may therefore not be identical.
29.8 Authorised Journalists will not Publish:
(a) "live text coverage" (or similar) of any race or fixture or any other activity at the Racecourse; or
(b) any statistics or other information for commercial exploitation (including but not limited to any of those items of racing data referred to in Condition 10.3).
29.9 Authorised Journalists are not permitted to take photographs or make other visual records of any race, fixture or other activity at the Racecourse unless they have also been permitted access to the Racecourse as Authorised Photographers under Special Conditions C or are otherwise permitted to do so under the terms of a Third Party Media Agreement and Special Conditions B.
29.10 Authorised Journalists must comply with the terms of any applicable Irish Horseracing Regulatory Board Instructions which may be relevant to their activities on the Racecourse. Particular attention is drawn to the Instructions which are set out in the Annex to these Conditions.
29.11 Authorised Journalists should not use the Press Room or other press facilities when not working. Only Authorised Journalists may enter the press room. No associates or family members may be brought into the Press Room.
29.12 Smoking is prohibited in the Press Room.
SPECIAL CONDITIONS E - ON-COURSE BOOKMAKERS AND STAFF
30 Scope and Duration of Special Conditions E
30.1 These Special Conditions E apply to all Attendees who are involved in any bookmaking activities on the Racecourse. This includes Bookmakers (as defined in paragraph 1.6 below) and any person employed or engaged by a Bookmaker to assist in any way whatsoever with the carrying out of bookmaking activities on the Racecourse.
30.2 All references to 'Special Conditions E' shall include all and any policies and/or procedures referred to in them.
Bookmakers and Staff.
30.6 The only Attendees who shall be permitted to accept or lay off bets on the Racecourse shall be:
30.6.1 the holders of a general betting operating licence; and
30.6.2 any person employed by the holder of a general
betting operating licence under a written contract of employment and named on
the general betting operating licence of their employer.
For the purposes of these Special Conditions E, this category of Attendees shall be known as Bookmakers.
Staff means any employee or other person engaged by a Bookmaker to provide or assist with the carrying out of bookmaking activities on behalf of the Bookmaker, but who does not accept or lay off bets.
30.7 These Special Conditions E apply to all Bookmakers and Staff whether or not they hold any other badge, AIR Card or other entitlement to enter the Racecourse.
IMPORTANT NOTE TO BOOKMAKERS
30.8 Nothing in these Special Conditions E:
30.8.1 shall require us to admit to the Racecourse any Bookmaker or Staff who has or in our reasonable opinion is likely to commit an offence, a breach of these Special Conditions E or behave in an unacceptable manner;
30.8.2 shall confer any tenancy or right to exclusive possession upon a Bookmaker of any part of the Racecourse (including the Existing Betting Ring) and possession of the Racecourse (including the Existing Betting Ring) is retained by us and a Bookmaker shall not be entitled to use any part of the Racecourse (including the Existing Betting Ring) to the exclusion of us or any others who are from time to time entitled.
31 Special Conditions for Bookmakers
31.1 In these Special Conditions E the following words and expressions shall have the following meanings:
31.1.1 Betting Area means any area of the Racecourse that we have designated as a betting area or we otherwise make available to Bookmakers to carry out bookmaking activities from time to time;
31.1.2 Bookmaking Badge means the admission ticket purchased by a Bookmaker on each raceday providing entry to the Racecourse;
31.1.3 Bookmaker’s Fee means the fee charged by us in respect of the administration and management of the Existing Betting Ring;
31.1.4 Bookmaker’s Representative means our authorised representative or contractor responsible for ensuring the proper and orderly admission and conduct of Bookmakers and Staff in the Existing Betting Ring;
31.1.5 Bookmaker Number means the maximum number of Bookmakers (one per position) who may enter an Existing Betting Ring on a raceday;
31.1.6 Existing Betting Ring means the Betting Area located between the Main Grandstand and Racecourse rails.
31.1.7 Identification Card means a valid photographic identification card issued by our Nominated Contractor in accordance with such procedures as our Nominated Contractor may issue from time to time.
31.1.8 Bookmakers may be asked to produce:
(i) a copy of the Bookmaker's general betting operating licence; or
(ii) in the case of an employee of a Bookmaker who wishes to accept bets, a copy of the employer's general betting operating licence or, in the case of a large scale operator, a staff identification card; or
(b) photographic identification being either a passport, new style driving licence incorporating a photograph; and
(c) documentary evidence of public liability insurance with a reputable insurer on industry standard terms in such amount as we deem appropriate;
Admission to the Betting Areas
31.2 Bookmakers may only receive and take bets in those areas of the Racecourse that we have designated as Betting Areas. Any Bookmaker who takes or receives bets or whom we reasonably believe is likely to take or receive bets in any other part of the Racecourse without our prior approval shall be refused entry or ejected from the Racecourse (as appropriate).
31.3 Entry to the Existing Betting Ring at the Racecourse shall be limited to:
31.3.1 Staff who have paid the admission fee;
31.3.2 Bookmakers who have paid the admission fee and hold a valid Bookmaker’s Badge for that raceday;
31.3.3 Bookmakers who make their AIR or Identification Papers available at the Badge Box for inspection on entry to the Racecourse;
31.6 In addition to our rights to refuse entry to or expel any Attendee under the General Conditions, we reserve the right to refuse entry to or to expel:
31.6.1 any Bookmaker who fails to present or make available for inspection their AIR Card or Identification Papers when requested to do so by us, our officials or the Bookmakers Representative; or
31.6.2 any Bookmaker or Staff who has breached, or whom we, our officials or the Bookmakers Representative reasonably believe is likely to breach, any of these Special Conditions E in any other way. This may include circumstances where a Bookmaker or Staff has been refused entry to, expelled from or been subject to any other action by another racecourse because of a breach or likelihood of breach of Special Conditions E.
Conduct in the Betting Areas
31.13 All Bookmakers and Staff (where appropriate) granted access to the Racecourse under these Special Conditions E must:
31.13.1 hold and maintain comprehensive and adequate public liability insurance with a reputable insurer on industry standard terms to cover a reasonable level of liability for any claim for which they become liable as a result of any loss or damage which they cause whilst present on the Racecourse;
31.13.2 comply with:
(a) The Orders and Rules of Racing;
(b) our instructions and the reasonable instructions given by our staff, our officials and the Betting Ring Manager; and
(c) all applicable laws and regulations which may apply to on-course bookmaking from time to time and all guidelines and codes of conduct which may be issued pursuant to such laws and regulations;
(d) provide to the Racecourse all and any information as the Racecourse may request relating to the bookmaking activities carried out by or on behalf of the Bookmaker on the Racecourse within 14 days of such request.
31.13.3 not indulge in or be associated in any way with any practice that has, or might have, the effect of distorting artificially the betting market or starting price for any race whether by offering false prices on any horse or any other means.
31.14 In particular, all Bookmakers and Staff (where appropriate) must:
31.14.1 price up the odds on offer at least ten minutes before the scheduled time of a race on which he or she proposes to bet;
31.14.2 prominently display (i.e. this should not be obscured in any way and should be within the direct eye line of the customer) the place terms if betting each-way;
31.14.3 prominently display (i.e. this should not be obscured in any way and should be within the direct eye line of the customer) a fair exchange rate if accepting and/or paying out bets in differing currencies. ;
31.14.4 conduct bookmaking activities from a stand and equipment (including display boards) known as a joint that is compliant with the specification agreed by the NITGA from time to time;
31.14.5 shall not display any logo or insignia indicating involvement in any customer service scheme, unless otherwise agreed with the racecourse.
31.14.6 ensure that areas surrounding joints are kept free from clutter and, where appropriate, personal items are kept in or on the joint;
31.14.7 keep equipment used in the course of his or her business (including the joint and surrounding areas) in a clean, tidy and safe condition, free from clutter. All boxes not stored in the joint must be removed from the betting area at least thirty minutes before the scheduled time of the first race;
31.14.8 ensure that umbrellas used by the Bookmaker and his or her Staff are lowered at or before the start of any race and that umbrellas are kept secured at all times.
31.14.9 conduct his or herself and ensure that his or her Staff conduct themselves in a proper and seemly manner at all times and conduct business with customers and other authorised personnel in a polite and helpful manner; and
31.14.10 comply with and ensure that his or her Staff comply with any dress code in force on any particular raceday.
31.15 No Bookmaker shall dismantle his or her joint or leave the Betting Area until ten minutes after the weighed-in signal has been given in respect of any race on which he or she has an unsettled cash claim in respect of any bet at any Meeting. If, following that period, the Bookmaker has an unsettled cash claim outstanding he or she shall leave with the Betting Ring Manager:
31.15.1 the amount due to the winning customer;
31.15.2 full details of the terms of the bet;
31.15.3 details of the receipt number.
31.17 Any betting dispute that a Bookmaker is unable to resolve must be notified to the Betting Ring Manager without delay.
31.18 Unless otherwise displayed prominently, all
Bookmakers shall use NITGA as their independent third party dispute resolution
Mobile Telephones, Telecommunications and Networked Computers
31.22 When on the Racecourse, use by Bookmakers of any telecommunications systems, computers or other electronic devices whether in connection with the business of bookmaking or for any other purpose and in particular for accessing and/or transacting with online or telephone betting exchanges or other telecommunications systems, computers or electronic devices whether on the Racecourse or elsewhere, must be notified to the Racecourse badge box personnel on each raceday. This requirement for notification extends to the use of any third party or public wired, wireless or other electronic communications network and is not limited to online or telephone betting exchanges. Bookmakers shall not use telecommunications systems, computers or other electronic devices except as notified to us. If we have any commercial concern with a notified use, the Bookmaker shall discuss such use with us in good faith.
31.23 Any Bookmaker who uses telecommunications systems, computers or other electronic devices on the Racecourse must comply with any monitoring or inspection of the use of such devices carried out by us or our officials.
31.24 In addition to the obligations set out in paragraphs 31.22 and 31.23, where a Bookmaker has more than one position at a Racecourse and intends to network the telecommunications system, computer or other electronic devices used at the different positions then the Bookmaker must advise the Betting Ring Manager of this and supply the name of each person that will be manning each of the positions to the Betting Ring Manager upon entry to the Betting Area. Any failure to provide such notification and information to the Betting Ring Manager shall constitute a breach of Special Condition E.
Breach of Special Conditions E
31.25 In addition to our rights to expel Attendees under the General Conditions of Entry, we reserve the right to expel from the Racecourse any Bookmaker or Staff who:
31.25.1 has or is likely to commit an offence;
31.25.2 has or is likely to commit a breach of these Special Conditions E;
31.25.3 behaves or is likely to behave in an unacceptable manner or unruly manner or in a manner likely to cause offence to other Attendees.
31.26 If the Racecourse expels a Bookmaker or member of Staff or becomes aware of any act by a Bookmaker or member of staff which gave the Racecourse a right to expel or refuse entry to a Bookmaker, we shall, at our sole discretion, decide whether any action shall be taken against the Bookmaker or member of Staff. Such action may include a restriction prohibiting the Bookmaker or member of Staff from entering the Racecourse and/or Betting Area either indefinitely or for such period of time as we deem appropriate.
31.27 Bookmakers shall be fully liable and responsible for the conduct and actions of their Staff. Any breach of the General Conditions or these Special Conditions E by any Staff engaged by a Bookmaker shall be treated and be liable to incur the same penalties as if it were a breach by the Bookmaker him or herself.
31.28 We shall not have any liability or responsibility for any loss, damage or any other harm suffered or incurred by any Bookmaker or Staff arising from the admission, non-admission or expulsion of any Bookmaker or Staff from the Racecourse or the Betting Area.
31.29 Any failure or delay by us, our officials or our Bookmakers Representative to insist upon strict observance of these Special Conditions E or to exercise our rights under these Special Conditions E or at law shall not be construed as a waiver of our rights and shall not prevent us from exercising any of our rights under these Special Conditions E.
SPECIAL CONDITIONS F - CONTRACTORS, TRADES AND EXHIBITORS
32 Scope of Special Conditions F
32.1.1 These Special Conditions F apply to all Attendees who are not permitted to enter the Racecourse under any of the other Special Conditions but who have been permitted by the Racecourse to carry on a trade, advertise, distribute leaflets or conduct any other commercial or promotional activities on the Racecourse which would otherwise be prohibited by Condition 7.
32.1.2 Only those Attendees who have been granted express written permission by us to enter the Racecourse on the basis of these Special Conditions F (a Commercial Authorisation) shall be entitled to do so (Authorised Commercial Attendees). All Attendees wishing to obtain Commercial Authorisation must apply to us well in advance of the date of the fixture on which they wish to carry on a commercial or promotional activity. We shall be entitled to take a reasonable period to assess and respond to any such request and to negotiate and agree the terms of any Commercial Authorisation.
32.3 These Special Conditions F apply whether or not an Authorised Commercial Attendee holds a badge, AIR Card or other entitlement to enter the Racecourse.
33 Entitlement to Carry on a Trade, Advertise, Distribute Leaflets and Conduct other Commercial or Promotional Activities
33.1 We will grant all Commercial Authorisations in writing. Only written Commercial Authorisations will be valid and binding upon us.
33.2 All Authorised Commercial Attendees must produce satisfactory evidence of your Commercial Authorisation upon demand. We reserve the right to refuse entry to, or to expel, any Authorised Commercial Attendee who does not produce such evidence when asked to do so.
33.3 All Authorised Commercial Attendees granted access to the Racecourse under these Special Conditions F must hold and maintain, or their employers must hold and maintain, comprehensive and adequate public liability insurance with a reputable insurer on industry standard terms to cover a reasonable level of liability for any claim for which they may become liable as a result of any loss or damage which they cause whilst present on the Racecourse. We reserve the right to refuse entry to, or to expel, any Attendee admitted under these Special Conditions F who does not produce satisfactory evidence of such insurance on demand or within such period as we may determine.
33.4 Authorised Commercial Attendees must wear any form of identification issued by us to identify them as Authorised Commercial Attendees and will return any such identification upon request.
33.5 Authorised Commercial Attendees may only carry on the commercial activity expressly referred to in the relevant Commercial Authorisation and no other commercial activity. We reserve the right to limit the physical areas on the Racecourse where an Authorised Commercial Attendee may carry on commercial activity and to specify the times at which he or she may do so. We further reserve the right to make changes to the scope and other terms of any Commercial Authorisation where reasonably required for the smooth and safe operation of the Racecourse and to minimise disruption or annoyance to other Attendees.
33.6 Where we require Authorised Commercial Attendees to do so, you will demonstrate the trade and/or provide samples of the products, leaflets, advertising or other commercial or promotional materials you wish to distribute at the Racecourse. Where we grant a Commercial Authorisation to carry on a particular trade or distribute a particular product or material the relevant Authorised Commercial Attendee will ensure that the actual trade, product or material will conform with any demonstration or sample you have provided to us in advance. We shall be entitled to refuse entry to, or to expel, any Attendee where this requirement is not met.
33.7 All trades and other commercial or promotional activities carried on at the Racecourse on the terms of any Commercial Authorisation shall be carried on at the risk and liability of the relevant Authorised Commercial Attendee. We shall have no liability for any such trade, commercial or promotional activity. However, we shall be entitled to require an Authorised Commercial Attendee to reimburse us on an indemnity basis for any losses, liabilities, costs, claims or expenses we suffer or incur as a result of or in connection with any trade, commercial or promotional activity carried on by that Authorised Commercial Attendee.
Instructions Relevant to Media
Press and Professional Photographers
1. a) Press and professional photographers who hold either the annual press badge or an AIR card must agree, as part of the terms and conditions of issue, to comply with this Instruction.
b) All other press and professional photographers must be authorised by the Managing Executive to take photographs at any race meeting and must sign to confirm that they have read and agreed to comply with this Instruction.
2. Down Royal Office Staff must ensure that all approved photographers are aware that:
a) photographers may not position themselves on the racing surface*, or on or above the take-off or landing side of a fence or hurdle, and are to remain on the outside of any running rail and are not to lean over or from under a running rail;
b) *Note: For Jump racing, the surface is deemed as the course in use for that particular race (for example, the hurdles or chase course). This also includes any bypass of a hurdle or fence, whether it is in use or not. For Flat racing, all photographers must be behind a running rail.
c) photographers must not stand behind or in any wing of a fence or hurdle or protrude a camera through any part of a wing or stand between a double rail;
d) no remote cameras are to be attached to any wing of a fence or hurdle;
e) the positioning of any remote cameras immediately adjacent to the take-off or landing side of a fence or hurdle is only permissible on the outside of the wing and when there is sufficient angle on the wing so that as runners approach the obstacle the position of remote cameras is completely obscured.
a. Remote cameras may be positioned on the take-off side of a fence on the outside of the wing adjacent to the take-off board providing the camera lens does not protrude through any part of the wing and must be secured by means of a sub-surface ground spike or a flexible ground support which must not exceed a height of 24 inches.
b. Remote cameras may be positioned on the landing side of a fence (not hurdle) within and no further than six inches from the base of the fence frame. Where advertising hoardings are in situ permission must be obtained from the racecourse as to remote camera positions.
c. No rigid camera supports in excess of seven inches above ground level are permitted.
f) tripods and ladders must not be used before or for 30 yards after a fence or hurdle on the side of the rail marking the layby of that fence or hurdle. The top step/platform of the ladder must not be higher than the running rail;
g) for flat racing, ladders can only be used after the winning post (except in areas open to the public) and behind a double running rail or five yards back from a single running rail;
h) photographers using a ladder must remain static on the ladder until all runners have gone past the site of the ladder;
i) camera support spikes and mini-tripods may be used but the camera lens must be behind the line of the running rail upright;
j) photography inside the winner’s enclosure is to be restricted to those who are authorised by the Racecourse Association or Managing Executive (unless other accreditation arrangements are in place);
k) photography is not to take place in saddling boxes or the Parade Ring, except with permission from the Managing Executive.
l) photography is not to take place in the Weighing Room, except with permission from the IHRB. Photography is not to take place in the Official Racecourse Stables, except with prior permission from the IHRB. Such permission will only be granted in exceptional circumstances. Permission will not be granted for requests made on the day of racing;
m) flash photography of horses is not permitted. Flash photography may be allowed in specific areas or in adverse light conditions, with permission of the Racecourse Executive.
n) photography of ongoing medical or veterinary treatment is not permitted. Specific examples where photography is not considered acceptable, although the list is not exhaustive, include horses or riders undergoing treatment when screens have been erected, the interior of an ambulance when a patient is on board, and inside designated treatment areas for both humans and equines.
3. The above instructions may be supplemented at individual racecourses by any special additional instructions as considered necessary to safeguard riders and horses before, during and after races, and particularly before and after fences and hurdles. Any dispensations to these rules require written permission from the Racecourse Executive and Inspector of Courses (if available) in advance.
4. Amateur photographers are only permitted to take photographs in the areas normally open to the public and should not encroach upon areas specifically designated for or used by professional photographers. As such, it is advised that they not be given accreditation to do so.
5. A notice is to be included in racecards warning amateurs of the restrictions placed upon them, and that the use of flash equipment is not permitted. Non-Compliance
6. Any instances of photographers who do not comply with this Instruction should be reported by the racecourse staff to the Management.
Smart dress, although jackets and ties are not compulsory.
Strictly no denims or trainers.
Smart/casual. We cannot accept trainers, non-tailored shorts, vest tops, football and rugby shirts. Smart jeans are acceptable.
Informal or casual dress. No vest tops, football or rugby shirts.
Photography is permitted in public areas. Strictly no flashes. Professional and Press Photographers must contact the Clerk of the Course. Please note that we have official Press Photographers and Film Crews at the course on a Raceday. Photographs may be used for publicity purposes. If you do not wish your photograph to be taken, please make the photographer aware.