Brian Ellison Racing Club — Membership Terms & Conditions

1.1 These Terms and Conditions apply to membership of the Brian Ellison Racing Club.

1.2 "The Club", "we", "us" and "our" mean the Brian Ellison Racing Club, the trading name under which Brian Ellison Racing Ltd operates the Racing Club membership scheme.

1.3 Brian Ellison Racing Club is a trading name of Brian Ellison Racing Ltd, a company registered in England and Wales, company number 05329647, whose business address is Langton Road, Norton, Malton, North Yorkshire.

1.4 "You" and "member" mean the person who applies for and holds Club membership.

1.5 These Terms replace the Brian Ellison Racing Club terms dated August 2021 and any earlier version published on the Club website.

1.6 The terms in force when you join will apply to your membership, subject to any changes made under clause 21.

2.1 You must be aged 18 or over to join.

2.2 Membership is for one named person only. It is personal to you and cannot be sold, transferred, shared or used for commercial purposes.

2.3 You must provide your name, email address and telephone number when you join. An email address is required so that we can confirm and administer your membership.

2.4 You are responsible for ensuring that the information you provide is accurate and remains up to date.

2.5 We may refuse an application where there is a lawful and reasonable basis to do so, including where the applicant has previously had membership revoked, has been banned from a racecourse or has been warned off by the British Horseracing Authority.

3.1 The current membership fee is £249.99 for 12 months.

3.2 We currently expect payment to be made by bank transfer. After you submit the joining form, we will provide our bank details and a unique payment reference.

3.3 You must quote the unique payment reference when making the bank transfer. We use it to match your payment to your membership application.

3.4 Membership does not begin until the payment has been received and cleared.

3.5 Your membership expires 12 months after the date last paid. For example, if your payment clears on 10 January, your membership will expire 12 months after 10 January.

3.6 Card payments may be offered in the future through [Global Payments / Stripe / other provider — Claire to confirm]. The Club does not see or store members' full card details. Card details are handled by the relevant payment provider under its own terms and privacy information.

3.7 We will not add a surcharge for paying by card.

3.8 The renewal fee and any loyalty discount will be as notified to you at renewal.

3.9 Unless we agree otherwise in writing, membership is not active until the full membership fee has cleared.

4.1 Your membership contract is formed when we accept your application and your payment has cleared.

4.2 We will confirm your membership by email. The confirmation will include your membership details and, where applicable, your unique payment reference.

4.3 Membership begins on the date payment clears. It does not begin on an earlier date stated on the joining form.

5.1 If you join at a distance, including online, by telephone or by email, you normally have the legal right to cancel your membership within 14 days without giving a reason.

5.2 The 14-day period starts on the day your membership contract is agreed.

5.3 You do not have to return the welcome letter, Club badge or membership card (or any other physical item) in order to cancel. Your refund is not conditional on returning any item, and we will not withhold or reduce a refund because an item has not been returned.

5.4 Practical note (not a condition): if you cancel, we would be grateful if you would return the badge and card to us or let us know you have disposed of them. You are under no obligation to do this and your refund will not be affected either way. If you would like to return the badge and card, please email club@brianellisonracing.co.uk and we will let you know where to send them.

5.5 To cancel, you can:

• email club@brianellisonracing.co.uk; or
• send us another clear statement saying that you want to cancel; or
• use the model cancellation form in clause 6.

5.6 If you cancel within the 14-day period, we will refund the payments we are required to refund by law. We will normally make the refund in full within 14 days after receiving your cancellation notice.

5.7 We will use the same payment method that you used to pay, unless you agree another method with us. For a bank transfer, we may need you to provide the account details needed to make the refund.

5.8 We may withhold or reduce a refund only where the law allows us to do so.

5.9 Your statutory rights are not affected by these terms.

5.10 You can ask us to begin providing membership benefits during the 14-day cancellation period. If you do so, you acknowledge that:

"I expressly ask Brian Ellison Racing Ltd to begin providing the Club membership service before the 14-day cancellation period has ended. I understand that if the service is fully performed before that period ends, I may lose my statutory right to cancel. If I cancel after the service has started but before it is fully performed, I may have to pay for the part of the service supplied up to cancellation where the law requires this."

5.11 The membership is a 12-month service. It is unlikely that the whole service will be fully performed during the first 14 days. The cancellation right will only be lost or reduced where the law permits this.

7.1 We will send confirmation of your membership by email.

7.2 Your confirmation will contain your membership details and your unique payment reference.

7.3 After you join and once your payment has cleared, we will send you a joining pack containing a welcome letter, a Club badge and a membership card.

7.4 The membership card shows a membership number. The membership number is a keepsake only and has no operational purpose. It is not needed to access membership benefits, to book yard visits, to apply for owners' badges or to prove membership, and we will not ask you for it as proof of anything.

7.5 Where proof of membership is needed, we will handle this by other means, for example by checking your email address or name against our membership records.

7.6 Photo identification (for example a driving licence or passport) may be required at a race meeting or yard visit, at the discretion of the Club or the relevant racecourse/venue. You should be prepared to show photo ID if asked. We cannot guarantee entry where a racecourse, venue or the British Horseracing Authority (BHA) requires photo ID and you cannot produce it. Where an owners' badge is allocated, the racecourse may ask for photo ID when the badge is collected. You should check the individual racecourse's requirements before attending.

7.7 Membership benefits (including any joining pack items and any race-day or event access arranged through the Club) are personal to you and must not be transferred, sold or shared with another person or used for commercial purposes.

7.8 We may suspend or end membership for a serious or repeated breach of this clause. Any refund will be considered fairly and in accordance with our refund policy and your statutory rights.

7.9 The content of the welcome letter may be updated from time to time. These Terms do not depend on the wording of the welcome letter.

Subject to these terms and the availability of events, membership may include:

• being part of the connections of horses running in the Club's black and white diamond colours;
• the opportunity to follow horses owned by the Club;
• regular updates about the Club's runners by WhatsApp and email;
• access to a free information service about the chances of the Club's runners;
• invitations to private yard tours;
• the opportunity to apply for race-day owners' tickets; and
• the hope that the Club will maintain no fewer than five horses in its string across Flat and National Hunt racing.

Membership benefits are those set out in these Terms. We will tell members if the benefits change.

8.1 The number of horses, races, events, invitations and tickets available may change.

8.2 No specific number of horses, runners, races, winners, placings or events is guaranteed.

8.3 Horses may not run because of injury, illness, welfare concerns, changes in form, entries, ground conditions, racing plans or other reasons.

8.4 We cannot guarantee that a horse will complete a race, be placed or achieve any particular result.

8.5 Brian Ellison, as trainer, makes decisions about the horses, including their training, welfare, entries and whether they run. Members have no right to direct or control those decisions.

8.6 The Club offers a loyalty discount to members who renew, currently £10 off the standard renewal fee of £249.99, applied to each yearly renewal for as long as the discount is offered. So a renewing member currently pays £239.99 for their next 12 months. The standard renewal fee is currently £249.99. The £10 is the current loyalty discount and is applied each time you renew, and the amount payable at renewal is the standard renewal fee less any loyalty discount then on offer. The £10 discount is the rate that applies at the time these Terms are published and the Club may change or withdraw the discount, or change the standard renewal fee, in line with clause 19 (Changes to these terms). We will tell members about any change before their renewal date. A member's right to renew at the standard renewal fee is not affected by any change to, or withdrawal of, the loyalty discount. The loyalty discount applies to renewals only, is not retrospective and is not payable in cash. Any renewal reminder or renewal notice will show the standard renewal fee, the loyalty discount where it applies, and the amount actually payable.

8A.1 A private yard visit is included in your membership. You arrange your visit directly with Claire Ellison by WhatsApp. There is no voucher, booking form or separate payment — just message Claire to agree a time that suits you both.

8A.2 Your visit is subject to the yard's availability, the stables' rules, and the safety rules in these Terms.

8A.3 Yard visits are for members only; they are not transferable to friends or family who are not members, and they cannot be exchanged for any other benefit.

8A.4 If you would rather not use WhatsApp, email us at club@brianellisonracing.co.uk and we will arrange your visit that way instead.

8B.1 Breakfast with Brian is not part of membership. Breakfast with Brian is a separate, standalone experience sold to the general public as a voucher product, and it is not included in Club membership. Membership does not give you access to Breakfast with Brian, and no part of the membership fee covers it.

8B.2 To attend, you must purchase a Breakfast with Brian voucher separately.

8B.3 Attendance is limited to four people per breakfast, held at Brian Ellison's home; dates are provisional and are confirmed two weeks before the event. If you would like to attend, vouchers are available on our website.

8C.1 Yard tour vouchers and Breakfast with Brian vouchers are sold by Brian Ellison Racing as separate products to the general public, and are not Club benefits. Membership does not include them, and buying a membership does not buy you a voucher.

8C.2 Vouchers are valid for 12 months from the date of purchase, must be redeemed by emailing bookings@springcottagestables.co.uk, are non-refundable, but are transferable — you can give or gift your voucher to someone else.

8C.3 If Brian Ellison Racing has to cancel a booked date, you will be offered a new date.

8C.4 When you buy or redeem a voucher, the voucher terms and conditions on the voucher page apply.

9.1 We will use email and, where applicable, WhatsApp to keep members informed about entries, declarations, runners, performance chances and Club news. We normally confirm declarations and runners by 10am two days before the race, with Boxing Day being the exception.

9.2 WhatsApp is operated by Meta. If you use WhatsApp, Meta's own terms and privacy policy will apply to your use of that service.

9.3 If you do not want to use WhatsApp, you can ask us to contact you by email only by writing to club@brianellisonracing.co.uk.

9.4 You are responsible for keeping your email address and mobile number up to date.

9.5 We will use reasonable efforts to pass on Club information. We are not responsible for a message failing to arrive because your contact details are incorrect, your device or account is unavailable, or a communications service is interrupted.

9.6 Information about the chances or performance of Club horses is provided for members' information and should be treated as confidential. You must not deliberately pass it to non-members.

9.7 If you need information in another way, please contact club@brianellisonracing.co.uk. You can also message the Club on WhatsApp.

9.8 Marketing and news consent is separate from the membership contract. Any consent checkbox on the joining page for Club news or updates by email or WhatsApp must be optional and can be withdrawn at any time.

10.1 Membership does not renew automatically unless we clearly tell you otherwise and the law permits that arrangement.

10.2 We will normally send a renewal reminder by email around four weeks before your membership expires.

10.3 There is no obligation to renew. If you do not renew, your membership will simply expire on your expiry date.

10.4 Renewal and payment questions should be sent to club@brianellisonracing.co.uk.

10.5 Any renewal fee or loyalty discount will be clearly stated in the renewal reminder or other renewal communication.

10.6 The Club offers a loyalty discount to members who renew, currently £10 off the standard renewal fee of £249.99, applied to each yearly renewal for as long as the discount is offered. So a renewing member currently pays £239.99 for their next 12 months. The standard renewal fee is currently £249.99. The £10 is the current loyalty discount and is applied each time you renew, and the amount payable at renewal is the standard renewal fee less any loyalty discount then on offer. The £10 discount is the rate that applies at the time these Terms are published and the Club may change or withdraw the discount, or change the standard renewal fee, in line with clause 19 (Changes to these terms). We will tell members about any change before their renewal date. A member's right to renew at the standard renewal fee is not affected by any change to, or withdrawal of, the loyalty discount. The loyalty discount applies to renewals only, is not retrospective and is not payable in cash. Any renewal reminder or renewal notice will show the standard renewal fee, the loyalty discount where it applies, and the amount actually payable.

11.1 Members may be invited to attend a private yard tour. Yard tours are arranged with the Club at a mutually convenient time. Places are limited and subject to the yard's availability and to the stables' rules.

11.2 Yard tours take place at Spring Cottage Stables or another venue notified by us.

11.3 You must follow all instructions from Brian Ellison Racing staff and all rules applying at the stables.

11.4 You must not:

• smoke or vape anywhere on the premises;
• consume alcohol or take drugs anywhere on the premises;
• bring food or drink close to the horses;
• bring dogs, except guide or assistance dogs where permitted;
• use flash photography at the yard; or
• touch, feed or approach a horse unless a member of staff gives you permission.

11.5 If you take medicinal drugs, you must ask for permission before touching a horse because of the risk of cross-contamination.

11.6 Horses and other animals can behave unpredictably and may bite, kick, push or cause injury. You must follow all safety instructions and stay in designated areas.

11.7 Children must be supervised by a responsible adult at all times.

11.8 We may refuse entry to, or ask a person to leave, a yard tour where this is reasonably necessary for safety, welfare or operational reasons.

12.1 You must check the dress code and entry requirements for the relevant racecourse before attending.

12.2 Flash photography is not permitted at the yard or at racecourses.

12.3 When a Club horse runs, members may apply for an owners' badge by email or WhatsApp to the Club. Badges are allocated at the Club's discretion. Applying does not guarantee a badge. Allocation depends on availability and on the racecourse's own rules and limits for the relevant race. Any meal or hospitality attached to an owners' badge is subject to availability and is provided at the Club's discretion. In some cases, we may instead allocate additional badges without food. Badge allocation can vary and is not guaranteed.

12.4 Only a person allocated an owners' badge may enter the parade ring for the relevant race and only for that race.

12.5 Members must not enter the pre-parade ring or the unsaddling enclosure unless expressly authorised.

12.6 Racecourse stewards may be informed of unauthorised entry. This may lead to a racecourse ban.

12.7 Owners' badges must not be sold, transferred or lent to another person.

12.8 Feedback after a race may be provided by WhatsApp or email. We cannot guarantee that feedback will be sent within a particular period.

13.1 You must comply with the rules of each racecourse, yard and event that you attend.

13.2 We may suspend or end your membership if you:

• breach a racecourse, yard or Club rule;
• use or transfer a badge or membership identification improperly;
• behave in a way that causes embarrassment, harassment, offence or distress;
• act aggressively or abusively towards staff, members or members of the public;
• are warned for alcohol abuse or attend while affected by alcohol or drugs;
• deliberately disclose confidential Club information;
• pass membership benefits to another person; or
• are banned from a racecourse or warned off by the British Horseracing Authority.

13.3 We will act reasonably and proportionately. Where appropriate, we will explain the reason for our decision.

13.4 If your membership is suspended or ended, any refund will be handled in line with clause 21.

13.5 A person whose membership has been revoked, who is banned from a racecourse or who has been warned off by the British Horseracing Authority cannot be a member.

13.6 If you disagree with our decision, you can use the complaints process in clause 20. Nothing in this clause prevents you from relying on your legal rights or taking a matter to an appropriate ombudsman, regulator or court where the law allows.

14.1 There are risks in visiting a working racing yard, being near horses and attending racecourses. These include slipping, falling, being kicked, bitten or pushed, and being injured by vehicles, equipment, animals or other people.

14.2 By attending a yard visit, race day or other event, you agree to follow all safety instructions and accept the ordinary risks that cannot reasonably be avoided.

14.3 Races, entries, declarations, yard tours and other events may be changed, postponed or cancelled at short notice because of weather, ground conditions, horse welfare, racing decisions, safety, venue decisions or other events outside our reasonable control.

14.4 We will use reasonable efforts to pass on changes and cancellations, but we do not guarantee that an event will take place or that a particular horse will run.

14.5 You should make your own arrangements for travel, accommodation and insurance.

15.1 Nothing in these terms excludes or limits liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• breach of any legal obligation that cannot lawfully be excluded or limited; or
• anything else that cannot lawfully be excluded or limited under the Consumer Rights Act 2015, the Unfair Contract Terms Act 1977 or any other applicable law.

15.2 Subject to clause 15.1, our liability is limited to the extent permitted by law.

15.3 Personal belongings must not be left unattended. Vehicles and their contents are left at the owner's risk, subject to the protections that cannot lawfully be excluded.

15.4 We are not responsible for loss caused by events outside our reasonable control, subject to your statutory rights.

15.5 Nothing in these terms affects your legal rights as a consumer.

16.1 Membership is for personal enjoyment and entertainment. It is not an investment opportunity.

16.2 Members are not entitled to prize money won by Club horses or to any proceeds from the sale of a horse.

16.3 The horses remain the property of Brian Ellison Racing Ltd or the relevant owner. Membership does not give you any legal, beneficial or financial interest in any horse.

16.4 Membership does not make you a shareholder, partner, co-owner or agent of Brian Ellison Racing Ltd or the Club.

17.1 Copyright in material produced and published by the Club, including text, photographs, graphics, videos, branding and other content, belongs to the Club or its licensors.

17.2 You may use Club material for your own personal, non-commercial use unless we tell you otherwise.

17.3 You must not reproduce, sell, alter or commercially exploit Club material without our written permission.

17.4 If you send us a photograph, message, video or other material, you confirm that:

• you created it or have permission to share it;
• it does not infringe another person's rights;
• it is not unlawful, defamatory or offensive; and
• you have obtained any consent needed from people shown or mentioned in it.

17.5 We will only use your photographs, messages or other personal material on the Club's website, Instagram or Facebook (or other publicity channels) with your separate consent. That consent may be withdrawn for future use by contacting club@brianellisonracing.co.uk.

17.6 Unless Claire decides otherwise after review, the Club will seek a limited permission to use member material rather than requiring a blanket transfer of copyright.

18.1 We handle personal information in line with our privacy notice.

18.2 When you join, we collect and use your name, email address and telephone number to administer membership, match payments, send membership information and contact you about Club matters.

18.3 Membership records may include your date last paid, membership status and expiry date.

18.4 We hold membership information in HubSpot and in a secure internal membership spreadsheet. HubSpot acts as a processor on our instructions and may process data outside the UK under the transfer arrangements described in our privacy notice.

18.5 We may share relevant information with our payment provider, email and WhatsApp service providers, accountants and professional advisers where necessary to operate the Club or comply with the law.

18.6 The Club does not store full card details. Card details are handled by the relevant payment provider.

18.7 If you want to access, correct or delete your information, email club@brianellisonracing.co.uk. The full details are in our privacy notice.

18.8 Consent for Club news and updates by email or WhatsApp is optional and is not a condition of joining. You can withdraw that consent at any time.

18.9 Where a member uses an email address shared with another person, we will use that address to contact the member for Club purposes. The person who controls the email account can ask us to remove or change the address, subject to our legal and contractual record-keeping obligations.

19.1 We may change these terms for a good reason, including:

• a change in the law;
• a change in how the Club operates;
• a change to membership benefits;
• a change to payment arrangements; or
• a change to membership fees for future renewals.

19.2 We will tell members about an important change by email or WhatsApp at least 14 days before it takes effect. A fee change will be notified before the next renewal.

19.3 Changes will not apply retrospectively.

19.4 We will not remove benefits that you have already paid for during your current membership year without offering a fair alternative.

19.5 If we make a significant change during your current membership year and you do not accept it, you may cancel your membership. Where the change is significant and made by us, we will consider a fair refund for the unused part of your membership.

19.6 We may make minor corrections, administrative updates and changes to contact details without giving 14 days' notice, provided the change does not materially affect your rights or obligations.

19.7 The current version will be published on the Club's joining page and will be available on request.

19.8 Claire must confirm the effective date of these terms, the joining-page URL and how existing members will be told about the new terms.

20.1 For all Club matters, please contact us by email at club@brianellisonracing.co.uk. This includes joining queries, payment and bank transfer queries, renewals, cancellations, complaints and data protection requests.

20.2 Please do not call the Brian Ellison Racing office about Racing Club matters. The office cannot answer Club queries and will not redirect calls. The Club inbox is monitored by the Club and messages are also received by the office team so that queries are answered promptly. This does not change who is responsible for dealing with Club matters.

20.3 We aim to acknowledge a complaint within 5 working days and provide a full response within 28 days, unless there is a good reason for delay.

20.4 Claire must confirm these response times before publication.

20.5 If you remain unhappy after receiving our response, you can ask us to review the matter. You may also take the matter to any relevant ombudsman, regulator or court where that route is available.

21.1 We may suspend or end membership where reasonably necessary because of:

• a serious or repeated breach of these terms;
• non-payment;
• abusive, threatening or unsafe conduct;
• a racecourse ban or warning off;
• fraud or misuse of Club information;
• misuse or transfer of membership benefits; or
• the Club scheme ending or changing substantially.

21.2 Where we end membership for a reason within our control and not because of your breach, we will consider a fair refund of the unused part of the membership.

21.3 Where we end your membership because you have broken these terms, you will receive a refund for the unused part of your 12-month membership, worked out pro rata from the date your membership ends to the expiry date. We will explain how the figure was calculated.

• We will divide the membership fee by 12 to get a monthly rate; and
• we will refund the full months remaining from the date of termination to the expiry date.

This pro-rata refund applies whether membership is ended by the Club, or you cancel following termination. We will make the refund within 14 days of the decision to end membership. This does not affect any other rights or remedies we may have, and does not prevent us from seeking to recover separately any actual loss we have suffered. Where we believe a member has caused us loss beyond the value of any refund, we will deal with that separately rather than by withholding the membership fee.

21.4 Ending membership does not affect rights or obligations that arose before membership ended.

22.1 We are not responsible for delay, cancellation or failure to provide a particular benefit where this is caused by an event outside our reasonable control.

22.2 This may include severe weather, illness, injury to a horse, racing authority decisions, racecourse closure, industrial action, serious technical failure, communication outages, government restrictions or other unforeseeable events.

22.3 We will use reasonable efforts to notify members and, where appropriate, offer an alternative arrangement.

23.1 We may contact you using the email address or mobile number you provide.

23.2 Notices about important changes may be sent by email or WhatsApp.

23.3 You must tell us promptly if your email address or mobile number changes.

23.4 A message will be treated as sent when it leaves our email or messaging system, unless we receive an error message indicating that it was not delivered.

24.1 You may not transfer or assign your membership or your rights under these terms to another person.

24.2 We may transfer or assign our rights and obligations to another company within our business or to a successor business, provided this does not reduce your legal rights.

24.3 A person who is not a party to these terms has no right to enforce them under the Contracts (Rights of Third Parties) Act 1999.

25.1 These terms, together with the joining information and privacy notice, form the agreement between you and Brian Ellison Racing Ltd for Club membership.

25.2 They replace the August 2021 Brian Ellison Racing Club terms and any earlier membership terms.

25.3 If there is a conflict between these terms and mandatory consumer law, the law will apply.

26.1 These terms are governed by the law of England and Wales.

26.2 The courts of England and Wales will have jurisdiction, except that a consumer may have the right to bring proceedings in another part of the United Kingdom where applicable.

27.1 Headings are included to make these terms easier to read. They do not affect the meaning of the clauses.

27.2 Words in the singular include the plural and words in the plural include the singular where appropriate.