SailGP Event Access Terms and Conditions
- All capitalised terms used in these Conditions shall have the meaning set out in the Definitions at the end of these Conditions.
These Conditions are issued by F50 League LLC (trading as SailGP) (“SailGP”), and govern admission and entry to, and use of, any and all Venues by Attendees.
Entry to Ticketed Areas requires a valid Ticket which must be retained and implies acceptance of the Conditions which have been established for the safety and enjoyment of all Attendees. Any and all Tickets are issued by or on behalf of SailGP. Each Ticket is and shall remain at all times the property of SailGP and/or a Promoter. In the event of a breach of any of these Conditions, the Ticket shall, upon the request of SailGP and/or a Promoter, be returned immediately to SailGP and/or a Promoter.
SailGP may amend these Conditions from time to time. Please check the latest version of the Conditions posted at www.sailgp.com to ensure you understand the Conditions that apply to all Attendees. In the event of a conflict between any terms and conditions posted by SailGP online and these terms and conditions, the terms and conditions posted online shall apply.
For the avoidance of doubt, these Conditions do not apply to admission and entry to, and use of any hospitality at the Events including the Adrenaline Lounge hospitality area.
Application of Conditions to Attendees
By his/her attendance at an Event (whether by any use or attempted use of a Ticket, or by any access or attempted access to any Ticketed Areas or areas that are not Ticketed Areas), an Attendee 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.
In addition, any Ticket Purchaser shall be deemed to have made any subsequent Ticket Holder expressly aware of these Conditions and is responsible for ensuring any subsequent Ticket Holder complies fully with these Conditions.
In allowing the Attendee entry to the Venue, SailGP relies on the Attendee’s acceptance of, agreement to and strict compliance with these Conditions. The Attendee’s attendance at any Venues shall also be subject to any terms and conditions, warnings, rules or instructions displayed at those Venues or set out on the SailGP website at www.sailgp.com.
ATTENDANCE AT ANY AND ALL EVENTS BY ANY AND ALL ATTENDEES IS STRICTLY SUBJECT TO THESE CONDITIONS.
Application of Conditions to Ticket Purchasers
SailGP or the Promoter on behalf of SailGP, may elect at its discretion to change the scope, schedule, running order and/or format of any aspect of the Event at any time.
The Ticket Purchaser and Ticket Holders shall be responsible for all taxes associated with the purchase and use of the Tickets as required by Applicable Laws, including any Tickets which are received as part of a commercial arrangement and/or at a discount to the face value of the Tickets.
Cancellations and Refunds
SailGP reserves the right to make changes to the times, dates and places of the Series or any Event due to unforeseen circumstances, including (without limitation) an Event of Force Majeure, safety and security concerns and/or decisions from any other competent authority including (without limitation) any race management, stewards or other officials involved with an Event. SailGP will make reasonable attempts to adhere to any programme for the Event but is unable to guarantee that such programme can be maintained as per the programme for the Event.
The running schedule for the Event shall be operated by SailGP to deliver an Event on each Attendance Day as it determines appropriate.
Notwithstanding the foregoing, SailGP reserves the right to cancel the whole or a part of the Series or an Event as a result of an Event of Force Majeure. In the event of such a cancellation, the Refund Policy set out at www.sailgp.com shall apply. SailGP will inform the Ticket Holders of any determination under the Refund Policy where possible including by way of display both at the Event and at www.sailgp.com. For the avoidance of doubt, Non Ticket Holders shall not be entitled to any form of compensation in the event of cancellation of the whole or a part of the Series or an Event.
Save as set out in these Conditions or as required by Applicable Law, the sale or other issuance of any Ticket is final and non-refundable. SailGP reserves the right to not replace or accept any Ticket that has been lost, stolen, forgotten, damaged or forged, or any Ticket which is unreadable or incomplete.
Whilst every reasonable effort will be made to ensure the Event are delivered in accordance with the details as set out on the SailGP website, SailGP reserves the right, in SailGP’s absolute discretion, to make any changes to the Event.
The Attendees, and any Ticket Purchaser, acknowledge and accept the nature of the Events means the format, timing and potential continuation of the Event are all potentially subject to change, variation, postponement, abandonment and cancellation. On this basis, SailGP relies on the expertise and experience of the race directors and Ticket Committee to determine what steps shall be taken in connection with the Event and the Tickets to reflect the specific circumstances of any such change, variation, postponement, abandonment and/or cancellation.
It is the Attendee’s responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event. SailGP will endeavour to announce that an Event is cancelled or re-scheduled by way of its website, social media and, where possible, on displays at the Venue but SailGP does not guarantee the Ticket Purchaser will be informed of such cancellation before the date of the Event. In this sense, we would advise each Ticket Holder and Non Ticket Holder to regularly review SailGP’s website and social media channels to keep up to date with the scheduling and operation of Events.
In connection with any cancellation or abandonment of an Event:
(a) the race director’s decision of how much of the Event has taken place will be final;
(b) the Ticket Committee’s decision on the refund policy for each Ticket will be final;
(c) only the original Ticket Purchasers are eligible for refunds and based solely on the actual price paid for each Ticket; and
(d) it is the official amount of the Event which has taken place which will be applied to the decision of the Ticket Committee rather than the amount of the Event an individual Ticket Holder may have viewed.
Restrictions on Transfers of Tickets
Tickets are strictly non-transferable except as set out in these Conditions. A Ticket Purchaser may purchase Tickets only for his/her/its own personal use and that of his/her/its Guest(s). Any such transfer by the Ticket Purchaser of a Ticket to a Guest (at which point such Guest shall, thenceforth, become a Ticket Holder) must be made strictly subject to these Conditions (and the Guest’s acceptance thereof in its capacity as a Guest and Ticket Holder).
The benefit conferred by a Ticket is personal to the Ticket Purchaser or Guest and is not otherwise assignable or transferable, except as expressly permitted by these Conditions. The Ticket Holder (whether a Ticket Purchaser or Guest) confirms he/she is prepared to provide identification on request of SailGP at any time.
If requested by or on behalf of SailGP and/or any Authorized Person, the Ticket Purchaser must provide details (including the names) of his/her/its Guest(s) and SailGP and/or any Authorized Person may require proof of the identity of the Ticket Holder as a pre-condition to the exercise by the Ticket Holder of any rights accorded by the Ticket.
The Tickets are strictly non-transferable and must not be sold, transferred, offered for sale or advertised for sale or transfer whether on the internet or via other media. Any Tickets which are transferred except as set out in these Conditions will be void.
The Tickets cannot be transferred for a value above the face value of the Ticket, nor can the Tickets be transferred for any commercial purpose including as part of a promotional or marketing activity and/or as a prize as part of a competition or similar type of prize draw.
Conditions of Entry & Requirements
Attendees must be of a minimum age which is determined by SailGP for each Event and, where applicable, each Ticket category, and is also based on Applicable Laws. Where permitted, Attendees who are Minors must be accompanied by a parent or guardian, who shall be responsible at all times for such Minors. Any areas of the Event which are licensed for the consumption of alcohol may not be accessed by Minors, with SailGP maintaining a continuing right to request valid proof of age from each Attendee.
Admission to Ticketed Areas will only be authorized upon presentation of a valid Ticket for the date of attempted admission, in whole form and not defaced or damaged in any way. One (1) Ticket will be required for each person, and, upon request, the Ticket Holder shall provide proof of identity with valid photograph and signature.
Terms and conditions of entry may be displayed at Venues. In the event of any conflict between these terms and conditions and any terms and conditions displayed at a Venue, the terms and conditions displayed at the Venue shall apply. SailGP and/or any Authorized Person may refuse admission to, or eject from, any and all areas of the Venue at any time without refund any Attendee who, in the reasonable opinion of SailGP and/or any Authorized Person (as applicable): (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 any Applicable Laws and /or with the instructions from any Authorized Person, police, steward or other security officer; (d) who is noticeably under the influence of alcohol, narcotics or any behaviour-modifying substance; (e) damages or tampers with any property of any third party; (f) attempts to or does smoke in any areas of the Venue which is designated as non-smoking; and/or (g) is in possession of any of the following prohibited items: (i) any article that is offensive, dangerous, hazardous and/or illegal; (ii) alcoholic beverages or narcotics (other than those prescribed by a registered medical practitioner) when entering the Venue; (iii) animals; (iv) 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; (v) 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 recreational and personal non-commercial use; (vi) is in possession of any Prohibited Item; and (vii) who does not comply with the Conditions of Entry. Any of the above items can be confiscated by SailGP as part of a security check or otherwise and SailGP is not responsible for such confiscated items.
The Attendee shall not engage nor assist others in any form of Ambush Marketing and shall not conduct any activity that conflicts with, impairs, infringes or denigrates the rights of SailGP, the Promoter or of any Commercial Partner.
The Attendee shall not whilst in or around the Venue: (a) conduct any form of betting or gambling whatsoever; (b) conduct any promotions, advertising, competition, branding, marketing or other commercial activity; (c) offer any good(s) or service(s) for sale, including (without limitation) newspapers, periodicals, drinks, food, souvenirs, clothes or other merchandise; or (d) distribute or give away or attempt to distribute or give away any free items or any political, religious, charitable, commercial, advertising or promotional materials.
The Attendee may be searched (including a reasonable search of the Attendee’s bags, clothes and other possessions) by or on behalf of SailGP and/or any Authorized Person prior to entry into or at any time within the Venue. Should the Attendee refuse to be searched in accordance with this Condition, the Attendee may be refused admission to and/or ejected from the Venue without refund or compensation. Prohibited items may be removed, confiscated and/or destroyed at the discretion of SailGP and/or any Authorized Person and without obligation to return such items to the Attendee or to compensate the Attendee in respect thereof.
The Attendee acknowledges that he/she is individually responsible for his/her own property brought into the Venue.
The Attendee acknowledges that they must remain in any designated viewing areas whilst watching the Event and are not permitted in the race area of the Venue, or in any other restricted areas of the Venue, at any time.
Ticket Holders acknowledge and accept that certain Tickets will require the Ticket Holder to attend and be available to travel to the designated viewing area by a certain time. If the Ticket Holder is not available at any such designated time or location as notified to it by SailGP and/or any Authorized Persons from time to time, then the Ticket Holder may not be able to access and view the Event and without liability (including the right of the Ticket Holder to claim any compensation) from SailGP.
SailGP reserves the right to alter Attendees’ seat allocation (if any) without prior notice. If this is necessary for any reason, SailGP will reimburse any reduction in value (if any) between the original and altered seat allocation.
In the interests of public safety, SailGP reserves the right to request Attendees to leave the Venue at any time for safety or immediately after the Event. There will be no admission or re-admission after the end of the Event.
While at the Venue, Attendees should follow all reasonable instructions of all security personnel and always keep to the designated paths and access all viewing areas with caution using steps/paths as appropriate.
Local law enforcement may have pre-installed CCTV equipment in use and this will be defined under the local jurisdiction laws.
Media & Recordings
Attendees shall not make, create, store, record or transmit any kind of sound recording, visual footage, image and/or description of the racing (as well as any result and/or statistics of the race) (the “Recording”) other than for personal, private use or use on social media channels for personal and non-commercial, non-journalistc and/or non-news reporting purposes and in each case not more than 30 seconds continuous footage of any one race. Save as listed above, it is strictly forbidden to disseminate over the internet, radio, television or any other current and/or future media, any sound, image, description, or result and/or statistics of the racing in whole or in part, or assist any other person(s) conducting such activities including without limitation for commercial, news reporting or journalistic use. Each Attendee must not: (a) sell, assign, transfer or license the copyright in photographs and/or video taken at the Venues; or (b) publish, disseminate or reproduce such photographs for any commercial, news reporting or journalistic purpose.
On SailGP’s request, Attendees shall assign to SailGP the copyright and all other intellectual property rights in any Recording and all Attendees consent to use of the Recording by SailGP (and any third parties authorised by SailGP) on or in connection with any publication, exhibition or broadcast, promotional literature, campaign or material in any media worldwide. Attendees waive any personality, privacy and moral rights or similar in any Recording.
Waiver & Indemnity
EACH ATTENDEE ADMITTED TO THE VENUE ACKNOWLEDGES THAT HIS/HER PRESENCE AND/OR MOVEMENT IN AND AROUND THE VENUE IS AT HIS/HER OWN RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SAILGP NOR ITS TEAMS, GROUP COMPANIES NOR THE HOST AUTHORITIES NOR ANY COMMERCIAL PARTNERS NOR ANY AUTHORIZED PERSONS ARE LIABLE FOR ANY LOSS, DAMAGE AND/OR HARM, INCLUDING (WITHOUT LIMITATION) BODILY OR MENTAL HARM, PERSONAL PROPERTY DAMAGE OR LOSS, LOSS OF PROFIT, BUSINESS OR OPPORTUNITY, INDIRECT OR CONSEQUENTIAL LOSS, SPECIAL DAMAGES OR ANY OTHER LOSS AND/OR HARM HOWSOEVER ARISING FROM THE EVENT AND/OR HIS/HER ATTENDANCE AT THE VENUE AND, WITHOUT LIMITATION TO THE FOREGOING, EACH ATTENDEE AGREES THAT NO CLAIM, COMPLAINT OR PROCEEDING WILL BE BROUGHT IN RELATION TO THE FOREGOING. THIS CONDITION 39 APPLIES TO ALL RISKS OF PERSONAL INJURY, DEATH, PHYSICAL INJURY CAUSED BY BROADCAST EQUIPMENT (INCLUDING, WITHOUT LIMITATION, DRONES), LOSS OR PROPERTY DAMAGE, INCLUDING RISKS THAT ARE NOT PRESENTLY KNOWN OR NOT REASONABLY FORESEEABLE, THAT RESULT FROM EACH ATTENDEES’ OWN ACTIONS, INACTIONS, ACTIVE NEGLIGENCE OR PASSIVE NEGLIGENCE OR THE ACTIONS, INACTIONS, ACTIVE NEGLIGENCE OR PASSIVE NEGLIGENCE OF SAILGP AND/OR ITS TEAMS AND/OR ITS GROUP COMPANIES AND/OR ANY HOST AUTHORITIES AND/OR ANY COMMERCIAL PARTNERS AND/OR ANY AUTHORIZED PERSONS OR OTHERS (WHICH MAY INCLUDE NEGLIGENT RESCUE OPERATIONS OR ANY OTHER NEGLIGENT ACTS, INCLUDING THOSE NOT IN CONNECTION WITH THE EVENTS), THE CONDITIONS OF THE PREMISES AND OF ANY EQUIPMENT USED IN CONNECTION WITH ANY HOSPITALITY FACILITIES AND/OR THE VENUE AND/OR ANY EVENTS.
WITHOUT PREJUDICE TO CONDITION 39 ABOVE, IN NO EVENT SHALL SAILGP NOR ITS TEAMS, NOR ITS GROUP COMPANIES NOR ITS MANAGEMENT NOR ANY HOST AUTHORITIES NOR ANY COMMERCIAL PARTNERS NOR ANY AUTHORIZED PERSONS BE IN ANY WAY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR OTHER INTANGIBLE LOSSES OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER ARISING IN ANY WAY OUT OF, FROM, OR IN CONNECTION WITH, THE USE OF THE TICKET AND/OR THE TICKET HOLDER’S ATTENDANCE AT THE VENUE AND/OR ANY PART OF HOSPITALITY VENUE, WHETHER ARISING IN CONTRACT, NEGLIGENCE, OTHER TORT ACTION, OR ON ANY THEORY OF LIABILITY AND WHETHER OR NOT SAILGP OR ANY TEAM OR ANY HOST AUTHORITIES OR ANY COMMERCIAL PARTNERS OR ANY AUTHORIZED PERSONS (AS APPLICABLE) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THE NEGOTIATION OF DAMAGES SET OUT IN THESE CONDITIONS IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SAILGP AND THE ATTENDEE AND/OR SAILGP AND THE TICKET PURCHASER.
Each Attendee shall indemnify, defend and hold harmless SailGP, its group companies, the Host Authorities, the Promoter, the Commercial Partners, and all Authorized Persons harmless from and against all claims, loss, damages, liabilities, fees and costs, including (without limitation) bodily or mental harm, personal property damage or loss, loss of profit, business or opportunity, indirect or consequential loss, special damages or any other loss and/or harm howsoever arising (including but not limited to the costs of enforcement of these Conditions), suffered or incurred by any of them in connection with, resulting from or arising out of access to and the use by the Attendee of the Venue.
These Conditions have been first drafted in the English language. In the case of any conflict or ambiguity between the English version of these Conditions and any translation of them into any other language, the English version of these Conditions will prevail.
Each of the provisions set out in these Conditions shall be severally enforceable. If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Conditions.
These Conditions incorporate any special terms and conditions which may be displayed on the SailGP website or the Ticket sale website or at a Venue with respect to a particular Event, Venue and/or category of Ticket and should be read in accordance with the Venue and/or Promoter terms, conditions and regulations, copies of which are available on the SailGP website at www.sailgp.com or on request from the Venue or displayed at the Venue. In the event of any inconsistency between the terms in relation to the Venue or Promoter requirements, those of the Promoter shall prevail. If no Promoter, those of the Venue shall prevail.
If you have any questions regarding these Conditions or would like to make any information requests please address these to SailGP at email@example.com.
These Conditions are for the benefit of and enforceable by each of the Promoter and/or the Host Authorities as if they were SailGP.
SailGP and/or the Promoter reserves the right for its authorised employees, agents, contractors, security personnel and police officers acting reasonably to remove from the Venue any Attendee or other person who does not comply with these Conditions and any Attendee or other person whose presence and/or behaviour could reasonably be construed as dangerous, a nuisance or annoyance to any other Attendee or other person(s) at the Venue. Any such removal may result in SailGP and/or the Promoter taking further action such as restricting access to future Events and/or legal proceeding being taken.
These terms and conditions shall be governed by English law and the parties shall submit exclusively to the Courts of England. Your statutory rights are not affected.
Bring Your Own Boat Terms and Conditions
General: These terms and conditions (“Conditions”) govern all SailGP Bring Your Own Boat flags and associated rights and benefits identified in any booking agreement pursuant to which a flag was purchased (“BYOB Flags”) issued or granted by or on behalf of F50 League LLC, doing business as SailGP (“SailGP”), which permit a designated vessel (“Vessel”) to enter and attend the on-water viewing area for boats designated by SailGP for one or more SailGP sailing regattas (as determined by SailGP) (“Viewing Area”) or to enjoy associated rights and benefits. For the avoidance of doubt, no Vessel is permitted to enter the exclusion areas set and changed from time to time by SailGP before, during and/or after the sailing regattas (“Exclusion Areas”). Each BYOB Flag is and shall remain at all times the property of SailGP. In the event of a breach of any of these Conditions, the BYOB 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 at sailgp.com/races/event-terms-conditions/.
Application of Conditions: These Conditions are binding upon the purchaser or recipient of the BYOB Flag or associated rights and benefits (the “Purchaser”). In addition, by his/her use or attempted use of the BYOB Flag, the captain (“Captain”) and each and every individual on board a Vessel which is using a BYOB 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.
Assumption of Risk and Release of Liability: The Purchaser, the Captain and each Passenger acknowledges and accepts that the use of the BYOB Flag or enjoyment of associated rights and benefits 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, depth and other water hazards, 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 which may arise from its use of the BYOB Flag or enjoyment of associated rights and benefits, 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 Passenger’s 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). The Captain shall be responsible for the Vessel and the Passengers and agrees to operate the Vessel safely and in accordance with the reasonable instructions of SailGP (including the Course Marshall and any other boats under the authority of SailGP to manage the safety and Exclusion Areas) at all times. 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 BYOB Flag.
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 BYOB Flag may only be used for the Vessel which has been registered under such BYOB Flag. These Conditions and the BYOB Flag and associated rights and benefits 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).
Payment Terms: All payments due to SailGP in connection with the purchase of a BYOB Flag shall be made in accordance with the payment terms in the booking agreement. Late or non-payment by the Purchaser may result in the cancellation of the Purchaser’s right to use the BYOB Flag and the cancellation of any other tickets or benefits purchased by the 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.
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 provided in SailGP’s Refund Policy (which can be found at https://sailgp.com/general/sailgp-adrenaline-yachts-refund-policy/) or as required by applicable local law, the sale or other issuance of a BYOB Flag is final and non-refundable in any circumstances. SailGP reserves the right to not replace or accept any BYOB Flag that has been lost, stolen, forgotten, damaged or forged.
Applicable Laws and Policies: The Purchaser, the Captain and each Passenger shall, at their sole cost and expense, comply at all times while the BYOB 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 harbour master(s), the Course Marshall, any other boats under the authority of SailGP to manage the safety and Exclusion Areas or any other person or organisation authorised by SailGP as notified from time to time by SailGP.
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 and/or any other area to which access is granted by SailGP: (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; (j) any action or inaction, whether done knowingly or not, which constitutes non-adherence to the exclusion zones and/or the reasonable instructions of SailGP (including the Course Marshall and any other boats under the authority of SailGP to manage the safety and Exclusion Areas) at any time; and/or any other action or inaction prohibited by SailGP from time to time (acting reasonably).
Admission Requirements: Admission to the Viewing Area will only be authorised upon presentation and display on the Vessel of a valid BYOB Flag for the date of attempted admission, in whole form and not defaced or damaged in any way. The Captain shall ensure that the BYOB Flag is displayed prominently at all times while attending the Viewing Area or any other area to which access is granted by SailGP. 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 or any applicable venue access 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 including (without limitation) non-adherence to the Exclusion Areas; (c) fails to comply with instructions from SailGP, the local authorities, the local harbour master(s), the Course Marshall and any other boats under the authority of SailGP to manage the safety and Exclusion Areas or any other person or organisation authorised by SailGP as notified from time to time by SailGP or the police, coast guard, a steward, a course marshal or other security officer; (d) does not prominently display on the Vessel a valid BYOB 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 or Exclusion Area without proper authorisation from SailGP; (f) who does not observe basic seamanship rules or display reasonable levels of seamanship skills while on the water including (without limitation) speeding, creating big waves, cutting in front of others and/or 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: (1) any article that is offensive, dangerous, hazardous and/or illegal; (2) narcotics (other than those prescribed by a registered medical practitioner; (3) 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 (4) 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.
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 or any venue to which access is being granted by SailGP. Should the Purchaser, the Captain or 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 or any venue to which access has been granted by SailGP 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.
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 and/or any venue to which access has been granted by SailGP including (without limitation) the Vessel.
Filming Restrictions: Photography, video and audio recording within or about the race course area of any SailGP regattas or any venue to which access has been granted by SailGP including (without limitation) 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 and/or any venue to which access has been granted by SailGP.
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 and/or any venue to which access has been granted by SailGP, 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.
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.
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 BYOB 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 BYOB Flag or enjoyment of associated rights and benefits.
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, the 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 Bring Your Own Boat Package pursuant to which the BYOB Flag was issued; or (b) the amount paid by the Purchaser for the BYOB Flag (if anything) if the BYOB Flag was issued independently from the purchase of a the SailGP Bring Your Own Boat Package.
Entire Agreement: These Conditions, together with the booking agreement between SailGP and the Purchaser pursuant to which the BYOB 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 written or oral) between the parties relating to the subject matter hereof.
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.
Governing Law and Jurisdiction: These Conditions shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over any dispute, controversy, or claim arising out of or in connection with these Conditions.
“Ambush Marketing” means the unauthorized use of a Ticket as a prize or in a lottery or competition or for any other promotional, advertising or commercial purpose and/or any other activity by a person not authorized by SailGP which: (a) associates the person with the SailGP and/or any Event; or (b) exploits the publicity or goodwill of the Series and/or any Event; or (c) has the effect (in the reasonable opinion of SailGP) of conferring the status of a Commercial Partner on a person who is not a Commercial Partner or otherwise diminishing the status of any Commercial Partner;
“Applicable Laws” means any:
(a) statute, statutory instrument, by law, order, directive, treaty, decree or law (including any common law, judgment, demand, order or decision of any court, regulator or tribunal);
(b) rule, policy, guidance or recommendation issued by any governmental, statutory or regulatory body; and
(c) industry code of conduct or guideline (including without limitation any codes of conduct or guidelines issued by international or regional bodies, organisations or councils, in force from time to time
“Attendance Days” means the days on which Ticket Holders are authorised to attend the Event as their Ticket entitles;
“Attendees” means Ticket Holders and Non Ticket Holders (as applicable);
“Authorized Person” means collectively all management and staff, officials, representatives, officers and volunteers of SailGP, its group companies, contractors, licensees and partners;
“Commercial Partner” means any official partners, official sponsor, official supplier, broadcaster, licensee and/or any other party that has been granted a commercial association with SailGP and/or the Series;
“Conditions” means these terms and conditions, and all policies and conditions referred to in these terms and conditions together with any amendments or updates to the same issued by SailGP from time to time;
“Conditions of Entry” means any conditions of entry contained in these Conditions, any conditions of entry that may apply at a specific Venue and any other conditions of entry, as set out on the SailGP website at www.sailgp.com or displayed at a Venue;
“Event” means any event forming part of the Series hosted by or on behalf of SailGP;
“Event of Force Majeure” means any event affecting performance of either SailGP, its group companies, the Host Authorities, the Commercial Partners, the Promoter or any Authorized Persons' obligations and/or responsibilities which is beyond the reasonable control of the relevant party including, without limitation, wind conditions which are unsuitable for sailing (including too much or too little wind), inclement weather conditions, any strike or labour disturbance, lockout, fire, failure or shortage of power supplies, utility failures (including the internet), satellite or other communications links or technical failure, governmental restrictions, regulations or controls, judicial orders, flood, lightning, storm, cyclones, explosion, earthquake, subsidence, structural damage, epidemic or other natural physical disaster, riot, breach of security at a venue, disease, civil commotion or armed conflict, war, terrorist action or the threat of any of the foregoing;
“Guest” means any person who is known to the Ticket Purchaser and for and on whose behalf a Ticket Purchaser bought a Ticket and who has obtained such Ticket from the Ticket Purchaser in accordance with the terms of these Conditions;
“Host Authorities” means any organising or host authorities connected to an Event;
“Minor” means an individual who is under the age of 18 (or such other age as may be determined by SailGP from time to time in accordance with Applicable Law);
“Non Ticket Holder” means any individual accessing those parts of the Venue not requiring a Ticket, provided that, if such individual is a Minor, the Non Ticket Holder shall be the parent or legal guardian of such Minor who has the full right and authority to acknowledge and accept these Conditions on that Minor’s behalf and shall ensure compliance by that Minor with the obligations of Non Ticket Holders in these Conditions;
“Prohibited Items” means any of the following items:
(a) any bag exceeding 40cm x 30cm x 30cm (16” x 12” x 12”);
(b) alcohol, non-alcoholic drinks - this includes water, juice, soft drinks etc.;
(d) tables & chairs;
(f) pets (other than trained assistance animals such as a guide dog);
(g) drugs and illicit substances;
(h) hard-sided containers/bags – such as picnic hampers/cool boxes and opaque liquid bottles;
(i) drones or any remotely controlled vehicle;
(j) any items, including clothing, which are labelled or contain offensive, religious, political, distasteful or hateful language, symbols or images;
(k) any breakable containers, including those made of glass;
(l) vacuum flasks, travel mugs, camping chairs or other items of dual skin or tubular construction;
(m) any items which could be used for or to assist any activities which might be reasonably determined as Ambush Marketing;
(n) any item which may be interpreted as a potential weapon and/or compromises public safety, including sharp or pointed objects (e.g. metal cutlery, knives, large corkscrews), ‘personal protection’ sprays and fireworks/flares;
(o) large flags (over 60cm x 60cm (2’ x 2’)), banners, rattles, klaxons or oversized hats;
(p) spray paints or other items which could in the opinion of the SailGP be used to sabotage or damage property;
(q) commercial photography, videography and/or broadcast equipment;
(r) any item which would be considered to be prohibited by Applicable Law; and
(s) skateboards, rollerskates and rollerblades.
“Promoter” means any third party organiser, promoter, event operator or local delivery agent for any Event which is appointed by SailGP from time to time;
"Refund Policy” means SailGP’s refund policy in place from time-to-time;
“SailGP” means F50 League LLC;
“Series” means the SailGP global yachting racing league;
“Ticket” means an official and valid ticket, authorised voucher, pass, registration or accreditation issued by or on behalf of SailGP or a Promoter from time to time giving the Ticket Holder right of entry to the Venue, including the various categories of tickets;
“Ticketed Areas” means those areas within a Venue for which access requires a Ticket (including, without limitation, the grandstand and on water areas including the official spectator boat program);
“Ticket Committee” means the representatives of SailGP who determine the Refund Policy (if any) to be applied to Tickets on a case-by-case basis for each Attendance Day;
“Ticket Holder” means any individual possessing, holding or using a Ticket provided that, if such individual is a Minor, the Ticket Holder shall be the parent or legal guardian of such Minor who has the full right and authority to acknowledge and accept these Conditions on that Minor’s behalf, and shall ensure compliance by that Minor with the obligations of Non Ticket Holders in these Conditions;
“Ticket Purchaser” means the person with legal capacity who is over 18 and has validly purchased a Ticket or Tickets in accordance with these Conditions from SailGP or a Promoter; and
“Venue” means the entire premises and other areas being used for the Event (including without limitation any on-water areas and the Ticketed Areas) that are under the control of SailGP and/or the Promoter.