1. General: These terms and conditions (“Conditions”) govern all superyacht flags (“SY Flags”) issued by or on behalf of F50 League LLC, doing business as SailGP (“SailGP”), which permit a designated superyacht (“Vessel”) to enter and attend the on-water viewing area for superyachts designated by SailGP for one or more SailGP sailing regattas (as determined by SailGP) (“Viewing Area”). Each SY Flag is and shall remain at all times the property of SailGP. In the event of a breach of any of these Conditions, the SY Flag shall, upon the request of SailGP, be relinquished by the Vessel owner or captain and delivered immediately to SailGP. SailGP may amend these Conditions from time to time. Please check the latest version of the Conditions posted here to ensure you understand the Conditions that apply at the time of use of a SY Flag.
2. Application of Conditions: These Conditions are binding upon the purchaser or recipient of the SY Flag (the “Purchaser”). In addition, by his/her use or attempted use of a SY Flag, the captain (“Captain”) and each and every individual on board a Vessel which is using a SY Flag (each, a “Passenger”) shall be deemed to have been made aware of these Conditions and to have accepted and agreed to comply with and be bound by these Conditions. The Purchaser shall make the Captain and each Passenger expressly aware of these Conditions and shall ensure that the Captain and each Passenger complies fully with these Conditions.
3. Assumption of Risk and Release of Liability: The Purchaser, the Captain and each Passenger acknowledges and accepts that the use of the SY Flag may expose the Purchaser, the Captain, the Passenger, the Vessel and all other crew and guests on the Vessel to the risk of personal injury (including death) and damage to property, including, without limitation, due to adverse weather conditions, racing yachts and support boats competing in the SailGP sailing regattas and/or other vessels on or around the race course areas and the Viewing Area. Accordingly, the Purchaser, the Captain and each Passenger assumes all risks that may arise from its use of the SY Flag, which assumption of risk applies to all risks of personal injury, death, loss or property damage that result from the Purchaser’s and/or Captain’s and/or Passengers’ actions, inactions, active negligence or passive negligence or the actions, inactions, active negligence or passive negligence of SailGP or those of others (which may include negligent rescue operations or any other negligent acts). To the maximum extent permitted by law, the Purchaser, the Captain and each Passenger hereby releases F50 League LLC, Oracle Racing, Inc. each of the foregoing’s affiliated companies, any official sponsor, official supplier, broadcaster or licensee of any of the foregoing and any officers, directors, employees, contractors and agents of each of the foregoing (the “Released Parties”) from any and all claims or liabilities that the Purchaser, Captain or Passenger may now or in the future have against any of the Released Parties related to or arising out of the Purchaser’s or Captain’s or Passenger’s use of the SY Flag.
4. No Assignment: These Conditions and the rights and benefits granted to the Purchaser, the Captain and each Passenger hereunder are personal to the Purchaser, the Captain and the Passenger (as applicable) and the SY Flag may only be used for the Vessel that has been registered under such SY Flag. These Conditions and the SY Flag may not be assigned or transferred, nor used for or put at the disposal of any alternative yacht, boat or vessel, without the express prior written approval of SailGP (such approval to be at SailGP's absolute discretion).
5. Payment Terms: All payments due to SailGP in connection with the purchase of a SY Flag shall be made in accordance with the payment terms in the booking/purchase agreement. Late or non-payment by the Purchaser may result in the cancellation of the Purchaser’s right to use the SY Flag and the cancellation of any other tickets or benefits purchased by Purchaser from SailGP. In the event of a cancellation due to late or non-payment, SailGP shall be entitled to retain the whole of any payment already received, which shall be non-refundable in such circumstances.
6. Cancellation Policy: SailGP reserves the right to make changes to the times, dates and locations of any SailGP regatta and/or any racing days due to unforeseen circumstances, including (without limitation) an event of force majeure, inclement weather, safety and security concerns and/or decisions from any other competent authority. Save as required by applicable local law, the sale or other issuance of a SY Flag is final and non-refundable in any circumstances. SailGP reserves the right to not replace or accept any SY Flag that has been lost, stolen, forgotten, damaged or forged.
7. Applicable Laws and Policies: The Purchaser, the Captain and each Passenger shall, at their sole cost and expense, comply at all times while the SY Flag is being used with all applicable laws and with any and all lawful directions, instructions, rules, regulations, guidelines, policies and procedures of SailGP, the local authorities, the local harbor master(s) or any other person or organization authorized by SailGP as notified from time to time by SailGP.
8. Prohibited Activities: Unless expressly permitted in writing by SailGP in advance, the following are prohibited in or about any Viewing Area and/or the race course area for any SailGP regatta: (a) waste emissions; (b) nuisance or unreasonable annoyance to the owners or occupiers of adjacent areas / facilities or the owners, captains or passengers on other vessels; (c) swimming; (d) any action or inaction that could cause damage to or interference with use by third parties; (e) the offering or delivery of any corporate hospitality or similar functions on board the Vessel; (f) any publicity or activity, whether commercial or not, not authorised by SailGP which (in the reasonable opinion of SailGP) associates the Purchaser or the Captain or any Passenger or the Vessel with SailGP or exploits the publicity or goodwill of SailGP or has the effect of diminishing the status of any commercial partner of SailGP or which conflicts with the interests of, or competes with the image of, SailGP and/or any such commercial partners; (g) any form of betting or gambling whatsoever; (h) the offering of any good(s) or service(s) for sale, including (without limitation) newspapers, periodicals, drinks, food, souvenirs, clothes or other merchandise; or (i) the distribution or giving away or attempt to distribute or give away any free items or any political, religious, charitable, commercial, advertising or promotional materials; and/or (j) any other action or inaction prohibited by SailGP from time to time (acting reasonably).
9. Admission Requirements: Admission to the Viewing Area will only be authorized upon presentation and display on the Vessel of a valid SY Flag for the date of attempted admission, in whole form and not defaced or damaged in any way. The Captain shall ensure that the SY Flag is displayed prominently at all times while attending the Viewing Area. SailGP may refuse admission to or eject from the Viewing Area at any time without refund the Vessel, the Purchaser, the Captain and/or any Passenger where the Vessel, Purchaser, Captain and/or Passenger, in the reasonable opinion of SailGP: (a) is in breach of any of these Conditions; (b) may be a source of danger, nuisance or annoyance or who may otherwise give rise to concerns in relation to the safety and security arrangements; (c) fails to comply with instructions from SailGP, the local authorities, the local harbor master(s) or any other person or organization authorized by SailGP as notified from time to time by SailGP or the police, coast guard, a steward, a course marshall or other security officer; (d) does not prominently display on the Vessel a valid SY Flag for the date of attempted admission, in whole form and not defaced or damaged in any way; (e) is positioned in the incorrect area within the Viewing Area or enters on to the race course without proper authorisation from SailGP; (f) who does not observe basic seamanship rules or display reasonable levels or seamanship skills while on the water, including, without limitation, speeding, creating big waves, cutting in front of others, operating the Vessel irresponsibly); (g) who is noticeably under the influence of alcohol, narcotics or any behaviour-modifying substance; (h) damages or tampers with any property of any third party; and/or (i) is in possession of any of the following prohibited items: (i) any article that is offensive, dangerous, hazardous and/or illegal; (ii) narcotics (other than those prescribed by a registered medical practitioner); (iii) banners, placards, leaflets, signs or other materials, items, objects or clothing displaying political, religious, offensive or race-related messages, slogans or images or promotional or commercial identification or messages in breach of these Conditions; and (iv) any camera or other type of photographic or recording device (of any nature whatsoever and whether capable of capturing still or moving pictures) other than for personal non-commercial use.
10. Screening and Searches: The Purchaser, the Captain, each Passenger and/or any Vessel may be searched or screened (including a reasonable search of the Purchaser, the Captain and/or a Passenger’s bags, clothes and other possessions) by or on behalf of SailGP prior to entry into or at any time within the Viewing Area. Should the Purchaser, the Captain or a Passenger refuse to be searched in accordance with this Condition, the Purchaser, the Captain or Passenger (as applicable) may be refused admission to and/or ejected from the Viewing Area without refund or compensation. Prohibited items may be removed, confiscated and/or destroyed at the discretion of SailGP and without obligation to return such items to the Purchaser, the Captain or Passenger or to compensate the Purchaser, Captain or Passenger in respect thereof.
11. Property: The Purchaser, the Captain and each Passenger acknowledges that he/she is individually responsible for his/her own property brought onto the Vessel and/or into the Viewing Area.
12. Filming Restrictions: Photography, video and audio recording within or about the race course area of any SailGP regattas including but not limited to photographing and/or recording from the Vessel, shall be strictly for private purposes only. Photographs and/or recordings must not be used for any broadcasting, media or publication or for any other commercial purpose whatsoever. Without prejudice to the foregoing, except with the prior written consent of SailGP, no professional film crew or photographer(s) shall be authorised on board the Vessel with their equipment within or about the SailGP event venue and/or Viewing Area and/or race course area for any SailGP regatta.
13. Filming Rights: The Purchaser accepts and agrees, for and on behalf of itself, the captain, the crew and all guests on the Vessel at any time and the Captain and each Passenger agrees whilst it is in or about the SailGP event venue and/or the Viewing Area and/or the race course area, that SailGP and its nominees and its or their licensees (including, without limitation, its appointed broadcasters and other media) may film and photograph each of them and use footage, photographs and recordings as well as their name, image, likeness and voice in any and all media as part of broadcasts of SailGP and in other programmes about SailGP and for other promotional purposes in perpetuity without compensation.
14. No Branding: Except for the normal manufacturer’s mark, the place of registrations and the normal name of the Vessel, the Purchaser and the Captain shall ensure that no advertisement, notice, commercial signage or other branding is visible on the Vessel from the outside (or on the uniforms or clothing of the owner, captain, crew or guests of the Vessel) at any time whilst the Vessel is in or about the SailGP event venue and/or Viewing Area and/or race course area, without SailGP’s prior written consent.
15. Indemnity: The Purchaser, the Captain and each Passenger shall indemnify, defend and hold harmless the Released Parties with respect to any and all claims, losses or liabilities suffered by any Released Party resulting from: (a) the actions or inactions of the Vessel, the Captain or Passengers of the Vessel while using the SY Flag; and (b) any personal injury (including death) or damage to property to the Purchaser, the Vessel, the Captain, the Passengers or any other person or entity arising out of use of the SY Flag.
16. Limitation of Liability: Notwithstanding any other provision of these Conditions, the Purchaser, the Captain and each Passenger agrees that SailGP’s aggregate liability to the Purchaser, Captain and all Passengers arising out of or in connection with these Conditions shall be strictly limited to either: (a) the amount paid by the Purchaser for the SailGP Superyacht Package pursuant to which the SY Flag was issued; or (b) the amount paid by the Purchaser for the SY Flag (if anything) if the SY Flag was issued independent from the purchase of a SailGP Superyacht Package.
17. Entire Agreement: These Conditions, together with the agreement between SailGP and the Purchaser pursuant to which the SY Flag was issued, constitute the entire agreement and understanding between the Purchaser and SailGP, the Captain and SailGP and each Passenger and SailGP and supersede any other prior arrangements, understandings or agreements (whether oral or written) between the parties relating to the subject-matter hereof.
18. Severability: Each of the provisions set out in these Conditions shall be severally enforceable. If any provision of these Conditions will be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Conditions which will remain in full force and effect. If any provision of these Conditions is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question will apply with such modification(s) as may be necessary to make it valid. If any provision of these Conditions is found to be invalid or unenforceable and the foregoing does not apply, the parties agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.