1. General
These Terms and Conditions form part of the contract between F50 League LLC, 165 Broadway, 10006 New York City, NY, US (hereinafter "Organizer") and the purchaser (hereinafter "End Customer") of access rights, participation rights, admission rights, visitation rights or reservations and coupons for the foregoing or similar or related rights (hereinafter "Tickets") or other products or services (such as merchandise) (together “Offers”), which the Organizer may provide using technology platforms, software and services operated by vivenu. “End Customer,” as that term is used herein, includes also individuals and legal entities who have not purchased Tickets or other Offers directly from the Organizer, but are entitled to participate in an event (such as through resale of Tickets, where permitted).
All communication with the Organizer regarding Tickets and Offers should be addressed to: F50 League LLC, 165 Broadway, 10006 New York City, NY, US
The Organizer hereby informs the End Customer that vivenu Inc., 26 Mercer Street, New York, NY 10013, United States (hereinafter "vivenu") together with its affiliated companies, is a provider of technology platforms, software and services (hereinafter "vivenu Services"), which are used by the Organizer to sell Tickets and provide Offers for artistic, cultural, athletic or other events, theater plays, concerts, meetings, seminars, leisure and other events, museums, historic sites, cinematic exhibitions, operas, lectures, conferences, continuing educational events, educational courses and other events and performances (whether physical or virtual) (hereinafter, each an "Event") and to sell Tickets, market other offers and process transactions related to Events to End Customers. vivenu is a technology platform provider to the Organizer under license. vivenu is not a ticket broker and is not the organizer of any Event.
2. Contract
There is no contract between vivenu and the End Customer. Upon the successful completion of a purchase transaction between the Organizer and the End Customer using the vivenu Services, a contract will exist between the Organizer and the End Customer only, notwithstanding the fact that Tickets or Offers may contain statements such as "powered by vivenu" or similar designations, and notwithstanding that the Organizer advertises, offers and/or distributes the Tickets or Offers via the domains and sub-domains of vivenu (e.g., vivenu.com). No purchase, services or other agreement is concluded between the End Customer and vivenu.
The End Customer acknowledges that the Organizer may make the sale of Tickets and other Offers subject to the acceptance of further conditions, data protection declarations, instructions for cancellation and other contractual components by the End Customer and other restrictions (such as maximum number of Tickets for an Event). The Organizer or vivenu (on behalf of the Organizer) shall be entitled to refuse or reject the conclusion of purchase transactions with the End Customer for any legal reason.
The End Customer acknowledges that the total purchase price of Tickets and Offers shall be determined or modified solely by the Organizer or third parties who sell to or through the Organizer. The total purchase price may exceed the ticket price indicated on a Ticket or in the Organizer’s ticket storefront. The calculation of the total purchase price shall be based on the indicated ticket price with the addition of any markup, fees, surcharges and taxes. The End Customer shall be notified of the total purchase price to be paid by the End Customer before the completion of the purchase transaction. Payment of the total purchase price can only be made by the payment methods provided by the Organizer or vivenu (on behalf of the Organizer).
The contract between the Organizer and the End Customer for the purchase and sale of Tickets or Offers shall deemed completed only when the Organizer or vivenu (on behalf of the Organizer) has confirmed the transaction with the End Customer (e.g., by providing the transaction confirmation or by the assignment and subsequent transfer of a Ticket with the corresponding ticket ID). The completion of the ordering process, without such confirmation, such does not constitute a binding contract and does not entitle the End Customer to participate in an Event.
If Ticket quotas (both the total quota for the Event and the quotas of individual categories of Tickets) have been exceeded due to technical issues, the Organizer or vivenu (on behalf of the Organizer) shall notify the End Customer. The Organizer or vivenu (on behalf of the Organizer) may revoke the corresponding Tickets with repayment of the corresponding total purchase price.
3. Form of Tickets
Unless otherwise agreed by the End Customer and the Organizer or vivenu (on behalf of the Organizer), the End Customer will receive an automated email message from vivenu (on behalf of the Organizer) to confirm the order and an additional email message with a link to the Tickets purchased for the corresponding Event. The form of the Tickets provided will depend on the method of admission entry utilized by the Organizer for a particular Event and will be communicated to the End Customer (such as by downloading and printing the Ticket, digital wallet or other options). To participate in an Event, the Ticket must be presented in the form provided. Presentation of the email for the order confirmation alone (without providing the Ticket in the correct form) does not entitle the End Customer to participate in an Event.
If the Organizer provides such option, the End Customer has the ability to order Tickets in printed form and shipped to the End Customer for an additional fee (hereinafter "Printed Tickets").
The End Customer is required to verify that the purchased Tickets are correct in terms of quantity, price, date, event, venue and other essential details. Any complaint about incorrect Tickets must be reported to the Organizer or vivenu (on behalf of the Organizer) promptly after the purchase, and in no event later than five business days following the End Customer’s becoming aware of the issue that is the subject of the complaint.
The transfer of ownership of Tickets or related rights to the End Customer shall only occur upon the full payment of the total purchase price and the settlement of all outstanding claims for payment from the End Customer to the Organizer.
The End Customer must provide truthful, complete and correct information as part of the purchase transaction. The Organizer or vivenu (on behalf of the Organizer) shall be authorized to verify the information provided by the End Customer using appropriate legal means (such as credit reports when properly authorized).
4. Rights and Obligations
The Organizer or vivenu (on behalf of the Organizer) shall communicate all relevant requirements regarding an Event, Tickets or other Offer (such as the scope or content, place, time, organizer, price, fees and taxes, requirements and restrictions on participation, access controls, form of Tickets to be presented, accessibility, venue plan, house rules and other codes of conduct for the respective venue and other restrictions or essential information that could reasonably affect the End Customer’s decision to purchase).
The End Customer hereby acknowledges and agrees to such requirements, which are part of the contract between the Organizer and the End Customer.
It is the sole responsibility of the End Customer to verify his or her capability and/or willingness to meet the requirements communicated by the Organizer. The Organizer may refuse or terminate the participation of an End Customer in an Event upon non-compliance with such requirements.
If the Organizer or vivenu (on behalf of the Organizer) reasonably suspects abuse or legal violations (including legal violations of these General Terms and Conditions or other applicable terms of the contract between the Organizer and the End Customer), such as through fraudulent, illegal or breach of disloyal activities or of corresponding circumvention or attempts to circumvent such provisions and conditions, the Organizer or vivenu (on behalf of the Organizer) may revoke the validity of a Ticket without compensation before or during an Event and deny the End Customer the right to participate in an Event or remove the End Customer from the Event.
If Tickets are damaged, lost or stolen, the End Customer must notify the Organizer and vivenu without delay. If the End Customer loses a Ticket, the Organizer or vivenu shall not be obligated to provide a replacement.
Unless otherwise agreed, the validity of a Ticket shall be restricted to the respective Event (in particular, in terms of time and place) and, if necessary, the respective seat or seat unit or the corresponding ticket category. The Ticket shall become invalid once the Event has ended.
The End Customer acknowledges that vivenu has no obligation to instruct, verify or supervise the Organizer regarding its obligations to End Customers for Tickets, Events and other Offers made by the Organizer, which are offered and processed via vivenu Services. The Organizer is solely responsible for the communication, publications and information, and vivenu does not bear responsibility in that regard. vivenu has no obligation to instruct, audit or supervise the Organizer in relation to its obligations towards End Customers. Further, vivenu has no obligation to check the timeliness, correctness or completeness of the Organizer’s published communication and information. This applies even if employees of vivenu act on behalf of the Organizer or if the Organizer uses contractual documents and templates provided by vivenu.
Furthermore, the End Customer acknowledges that vivenu does not guarantee uninterrupted accessibility and usability of the vivenu Services. vivenu does not bear any liability for delays or errors in the transmission, storage failures and associated limitations of the vivenu Services. During maintenance work there may be temporary disruptions of the web site and/or individual vivenu Services.
5. Transfer of Tickets
Tickets may be transferred. Commercial resale of Tickets (such as in the context of ticket brokerage, a lottery or raffle for advertising purposes) is prohibited without the prior written consent of the Organizer or vivenu (on behalf of the Organizer). To re-assign/personalize Tickets or any related identification information, please contact the Organizer. A processing fee may apply to this service.
If Tickets are resold via the Resale Function provided on this website, the following conditions apply:
The Resale Function is only available for Tickets properly acquired from the Organizer via vivenu Services (so-called Secondary Market). The Organizer reserves the right to restrict or exclude the Resale Function for individual events, ticket types and categories, or at specific times, particularly due to contractual requirements from partners (e.g., artists, venues) or official regulations. There is no right to cancel or resell tickets.
By listing a Ticket on the Secondary Market, the selling End Customer ("First Purchaser") bindingly declares their intention to return or sell the ticket to the Organizer at the original ticket price (face value) or at the price specified in accordance with Clause 5.3 ("Secondary Market Price") as soon as another End Customer ("Second Purchaser") acquires the Ticket. In the event of a successful resale, the Organizer transfers the ticket to the Second Purchaser. The ticket originally issued to the First Purchaser is cancelled or invalidated, while a new ticket is created and issued to the Second Purchaser.
The Organizer may specify fixed prices or a price range for the resale of Tickets. Additional fees may apply for the resale.
The Organizer reserves the right to control the sales order of primary Tickets offered directly by the Organizer and Tickets offered via the Resale Function ("Secondary Market Tickets"). In particular, primary Tickets may be sold first before Secondary Market Tickets are offered for sale. If multiple Secondary Market Tickets are available for the same area or category (e.g., in standing blocks), the selection of Secondary Market Tickets for sale will be made based on a non-discriminatory factor determined by the Organizer, which shall include the time of listing on the Secondary Market.
The First Purchaser will be informed about the status of the Ticket offered for resale via email. In particular, the First Purchaser will receive a confirmation email after successfully listing a Ticket on the Secondary Market. The First Purchaser can remove the Ticket from the Secondary Market at any time until the Ticket is in a Second Purchaser's shopping cart. Should a Ticket offered for resale not be sold (e.g., due to the event expiring, cancellation), the First Purchaser will receive a corresponding notification.
After a successful resale, the Organizer will refund or pay the First Purchaser the price of the Secondary Market Ticket less any applicable fees. Payment will be made according to the agreed payment method.
A Ticket acquired via the Secondary Market can be offered for resale again by the Second Purchaser via the Resale Function in accordance with the provisions of this Clause 5.
6. Revocation, Cancellation, Refund, Return and Exchange of Tickets
In Case of no significant Changes, Postponement or Cancellation of the Event
There are no rights of revocation, return, cancellation or exchange of Tickets for Events, except were otherwise provided by applicable law, or permitted in the sole discretion of the Organizer. Subject to the foregoing, any purchase of Tickets is binding immediately upon completion of the purchase transaction (i.e., confirmation from the Organizer that the purchase has been completed) and cannot be cancelled.
In Case of significant Changes, Postponement or Cancellation of the Event
In the event of significant modification, postponement or cancellation of an Event due to circumstances for which the Organizer is not responsible, the End Customer shall be entitled to return the Tickets and shall be entitled to a refund for the price of the Ticket less any processing fees.
A modification shall be considered significant if the modified Event is fundamentally different from the Event that the Ticket purchaser reasonably expected.
7. Liability
Except where otherwise provided by nonwaivable provisions of applicable law (e.g. in cases of breach of material contractual obligations, injury to life, body or health), the Organizer shall be liable only for intentional misconduct and gross negligence. Except where otherwise provided by nonwaivable provisions of applicable law, liability fora slightly negligent breach of material contractual obligations shall be limited in amount to the transaction value related to the transaction giving rise to the liability. Subject to the foregoing limitations, the Organizer shall not be liable for damages due to force majeure or violations of obligations by third parties.
To the extent that the Organizer’s liability is excluded or limited herein, the foregoing limitation of liability shall also apply to the personal liability of the Organizer’s legal representatives and agents as well as any representatives acting for the Organizer with regard to the End Customer, including without limitation vivenu and its affiliates, each of which representatives and agents is an intended third party beneficiary of the contract between the Organizer and the End Customer, with the power to enforce the contract as if a party hereto.
The End Customer hereby acknowledges and agrees that: Except as provided to the contrary by nonwaivable provisions of applicable law, vivenu shall have no liability to the End Customer when acting on behalf of the Organizer as an agent or otherwise. vivenu shall not be liable for damages caused by force majeure or breach of duty by third parties.
To the extent that vivenu’s liability is excluded or limited, this disclaimer or limitation of liability shall also apply to the personal liability of vivenu's legal representatives and vicarious agents as well as any representatives acting for vivenu with regard to the End Customer. Not in limitation of the foregoing, vivenu shall not be liable for damages resulting from an Event’s failure, cancellation, modification, relocation or defect or the Organizer’s insolvency or loss or delayed arrival or defects in Printed Tickets as well as limitations in vivenu Services.
8. Miscellaneous Provisions
These General Terms and Conditions shall take precedence over any provisions to the contrary in the contractual relationship between the Organizer and the End Customer.
The laws of the state of the incorporation of the Organizer shall apply, and the United Nations Convention on the International Sale of Goods (hereinafter “CISG”) shall not apply. This shall not affect statutory provisions restricting the choice of law and the applicability of mandatory provisions (for example, compulsory consumer protection laws).
Insofar as the End Customer is not a Consumer, the exclusive place of jurisdiction for all disputes between (i) the End Customer and the Organizer shall be the registered office of the Organizer and (ii) between the End Customer and vivenu shall be the location of vivenu.
The End Customer shall be deemed to be a “Consumer” insofar as the purpose of the ordered deliveries and services is not attributed to his commercial or self-employed professional activity. Any natural person or legal entity as well as partnership with legal capacity acting in its commercial or self-employed professional activity when concluding the contract shall not be deemed a Consumer. Furthermore, the End Customer shall not be deemed a Consumer when purchasing services in connection with leisure activities if the contract provides for a specific date or period of time for the provision.
The following clauses apply to End Customers with their registered office, place of residence in the European Union:
The End Customer warrants that he has full legal capacity or the necessary powers of representation to conclude this contract.
The European Commission provides an internet platform for online dispute resolution at https://ec.europa.eu/consumers/odr(opens in a new tab). The Organizer and vivenu are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.
The following clauses apply to End Customers with their registered office, respectively place of residence in the United States:
For any proceeding in the United States, the Parties hereby irrevocably waive the right to trial by jury.
BY ACCESSING ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR BY USING THE VIVENU SERVICES, YOU AFFIRM THAT YOU ARE A RESIDENT OR CITIZEN OF THE UNITED STATES, YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO YOU WILL PERMIT TO ACCESS ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR MAKE USE OF THE SERVICE, YOU AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR THE MINOR’S USE OF THE SITE, MOBILE APPLICATION, AND/OR SERVICE, AND FOR THE MINOR’S COMPLIANCE WITH THESE TERMS AND CONDITIONS.
EXCEPT AS PROVIDED TO THE CONTRARY IN THE CONTRACT, VIVENU PROVIDES ITS SERVICES "AS IS" AND "AS AVAILABLE" TO THE ORGANIZER, AND NO CONTRACTUAL RELATIONSHIP EXISTS BETWEEN VIVENU AND THE END CUSTOMER. TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, ORGANIZER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. THE END CUSTOMER ACKNOWLEDGES THAT THE ORGANIZER AND VIVENU DO NOT GUARANTEE THAT THE VIVENU SERVICES WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THEY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE ORGANIZER AND VIVENU ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND THE END CUSTOMER HEREBY RELEASES THE ORGANIZER AND ITS AGENTS, INCLUDING WITHOUT LIMITATION VIVENU, FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM THAT THE END CUSTOMER HAS AGAINST ANY SUCH THIRD PARTIES. IF THE END CUSTOMER IS CALIFORNIA DOMICILED.
THE END CUSTOMER WAIVES CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
If any of the preceding provisions are, or become, ineffective or unenforceable in whole or in part, such condition shall not affect the validity of the remaining provisions. The same shall apply if and to the extent that a gap or ambiguity exists, and an appropriate provision that comes closest to that which the Organizer and the End Customer would have wanted economically shall replace the affected provision, if they had considered that gap or ambiguity.
9. Additional Provisions of the Organizer
The following additional provisions of the Organizer shall apply:
SailGP Event Access Terms and Conditions
Definitions
All capitalised terms used in these Conditions shall have the meaning set out in the Definitions at the end of these Conditions.
General
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.
Each Attendee acknowledges that SailGP and authorized third parties may record or make film, photographs, visual or sound recordings of the Event (including, without limitation, of the Attendee) and hereby consents to the use of his or her image, likeness and voice, in live or recorded digital, video, film, broadcast, telecast or other display or transmission or recording, photograph or any other media, by any entity and for any purpose worldwide without payment or compensation of any kind to the fullest extent permitted by Applicable Law. Nothing in this paragraph is intended to affect any statutory rights the Attendee may have in this regard. The consent supplied by each Attendee in this paragraph is in addition to the consent to activities set out in the Privacy Policy.
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.
Miscellaneous
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.
The Attendee irrevocably and unconditionally consents to the collection, use and insertion into a database by or on behalf of SailGP of personal information provided by the Attendee for the purposes of implementation of these Conditions, including for administration, communication, enforcement and access control purposes, and for the purposes of sharing information relating to the Series. SailGP may share such personal information as may be generally and reasonably required for the proper and efficient staging of the Event and for the purposes of sharing information regarding the Series and/or future Events and the Attendee (and/or Ticket Purchaser, if applicable) grants to SailGP the right to transfer the Attendee’s personal data to SailGP and/or third parties, including within and outside the European Union. The Attendee has a right of access to, and correction of, his/her personal information by written request to SailGP. All information supplied by the Attendee shall be stored, transferred and processed in accordance with the Privacy Policy.
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 ticketing@sailgp.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.
Definitions
“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;
“Privacy Policy” means the privacy policy set out at www.sailgp.com/privacy;
“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.;
(c) food;
(d) tables & chairs;
(e) umbrellas;
(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.
SailGP Ticket Refund Policy
Definitions
“Adrenaline Lounge” means the VIP hospitality facility and associated services.
“Entertainment” means any musical performance staged during the event at the Race Stadium or on-water at the Event site.
“Event” means the sailing regattas featuring the Teams competing in foiling catamarans that are designated by SailGP as the principal sailing regattas of the Series.
“First Race” means completion of the starting sequence and one competing yacht crossing the start line.
“Force Majeure Event” means any event affecting performance of this Agreement which is beyond the reasonable control of the Promoter including: acts of God, extreme weather (including for the avoidance of doubt high winds), flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition; collapse of buildings, fire, explosion or accident; and interruption or failure of utility service.
“Official Spectator Boat” means designated boats at each Event used as spectator boats which will get ticketholders close to the heart of the racing action.
“Promoter” means SailGP or any third-party delivery agency who has been appointed by SailGP to organise and promote the Event.
“Race Stadium” means the designated area away from the racing where the public can enjoy live entertainment, free and interactive programming specific to each Event, access to the SailGP merchandise shop, interactive displays and exhibits that delve into the technology behind SailGP.
“Series” means the international series of professional sailing events and programs called “SailGP”.
“Teams” and each a “Team” means each professional sailing team that competes in the Series.
“Waterfront Tickets” means general admission to the race stadium and/or a reserved grandstand ticket by the waterfront.
“Waterfront Premium Tickets” means general admission the the race stadium and/or a reserved grandstand ticket by the waterfront together with hospitality.
1. Refund Policy
General
1.1 Tickets are non-refundable except as outlined in this Ticket Refund Policy or as required by law.
1.2 No booking or delivery fees will be refunded if the Event is cancelled, Promoter will refund the person who purchased the ticket, the ticket price using the same payment method used to purchase the ticket. Except where required by law, no refunds will be given in relation to any handling fees or charges paid in addition to the ticket price. A refund will only be processed once corresponding funds have been received from the event promoter (if applicable).
1.3 Without prejudice to clause 1.2, the Promoter reserves the right to change, amend or even cancel part of the Event programme as operationally required either pre or during the Event. If for whatever reason any support event, performance, activity, facility or line-up of any other peripheral entertainment organised or staged at the Event are subsequently changed or cancelled, no ticket refund or exchange shall be due nor will it be offered as a result of any change.
1.4 If an Event or Entertainment is cancelled due to a Force Majeure Event then a full refund will be provided.
2. Waterfront Tickets
Single race day tickets
2.1 A full refund will be provided if the Race Stadium does not open.
2.2 A full refund will, be provided if Race Stadium opens, but the Event is cancelled before First Race has started.
2.3 A full refund will, be provided if Race Stadium opens, but the Event is cancelled before First Race has started and ticket grants access to view Entertainment which has been cancelled.
2.4 No refund will be provided if Race Stadium opens, the Event goes ahead but Entertainment is cancelled.
2.5 No refund if Race Stadium opens and First Race has started.
2.6 No refund shall be provided if the Race Stadium opens, the Event is cancelled before First Race has started but the ticket grants access to view Entertainment which is performed.
Waterfront Premium tickets
2.7 If the Race Stadium opens, the Event is cancelled before First Race has started and there is no Entertainment being performed at the Event then a partial refund will be provided at the discretion of Promoter for Waterfront Premium ticketholders, to account for the value of hospitality offered.
Weekend tickets
2.8 In accordance with the above principles, Promoter will provide a partial refund which shall be calculated based on the number of days scheduled racing is cancelled.
3. On-Water Tickets
Single race day tickets
3.1 No refund if Official Spectator Boat leaves the dock and First Race has started.
3.2 A full refund will be provided if the Official Spectator Boat does not leave the dock.
3.3 No refund shall be provided if the Official Spectator Boat does not leave the dock but the ticket grants access to view Entertainment which is performed.
3.4 A full refund shall be provided if the Official Spectator Boat does not leave the dock, the ticket grant’s access to view Entertainment which has been cancelled.
Weekend tickets
3.5 In accordance with the above principles, Promoter will provide a partial refund which shall be calculated based on the number of days scheduled racing is cancelled.
4. Bring Your Own Boat
4.1 No refund shall be provided if the First Race has started.
4.2 A full refund at the discretion of Promoter will be provided if the Event is cancelled before First Race has started.
4.3 No refund shall be provided if the Event is cancelled before First Race has started but the ticket grants access to view Entertainment which is performed.
5. Team Base Tours
5.1 Should a Team Base tour be cancelled the ticket holder will be offered the next available time slot.
5.2 If the time slot allocated is not suitable for the ticket holder they will be offered a full refund.
6. SailGP Adrenaline Lounge or Chalets
Single-day tickets
6.1 A full refund will be provided if Adrenaline Lounge and chalets (if applicable) do not open.
6.2 No refund if Adrenaline Lounge and chalets (if applicable) open and First Race has started.
6.3 No refund if Adrenaline Lounge and chalets (if applicable) open, but the Event is cancelled before First Race has started.
6.4 No refund if Adrenaline Lounge and chalets (if applicable) open, the Event is cancelled before First Race has started but the ticket grants access to view Entertainment which is performed.
6.5 If the Adrenaline Lounge and chalets (if applicable) open, the Event is cancelled before First Race has started and there is no Entertainment being performed at the Event then a partial refund will be provided at the discretion of Promoter, to account for the value of hospitality offered.
Weekend tickets
6.6 In accordance with the above principles, Promoter will provide a partial refund which shall be calculated based on the number of days scheduled racing is cancelled.
Sponsorship packages
6.7 The above principles will apply to all tickets acquired through a sponsorship package unless parties have specified in writing that the Ticket Refund Policy is not applicable.
