The Racing Calendar Office of Weatherbys Ltd. receives entries submitted for acceptance as agent for the Racecourse Authority and only upon the terms of the Standard Conditions. Acceptance of entries is subject to the power to refuse to allow entries to be accepted conferred by the Rules of Racing on the British Horseracing Authority Ltd. Entries are accepted by the Racing Calendar Office, acting as aforesaid, causing the name of the horse in question to be published as being entered for the race in question either in The Racing Calendar, when the race closes more than six days before running, or, for other races, on the Racing Administration Internet Site (www2.racingadmin.co.uk) and ordinarily in the Sporting Press
The Standard Conditions subject to which every entry is submitted for acceptance are as follows:-
The Owner (which expression shall in these Conditions include the Owner, as defined in the Rules of Racing, or any person in any way legally interested in the horse in question and his or their authorised agent) subjects himself in all respects to the Rules of Racing in force from time to time (and in respect of racing run outside Great Britain, to the Rules in force where so run).
(i) the owners, the occupiers, the manager or the executive of the Racecourse to which the Entry relates (each and all of whom are herein collectively described as "the Racecourse Authority") nor
(ii) any servant, agent or independent contractor (including Weatherbys Ltd., Weatherbys Bank Ltd. and RaceTech Ltd. and their respective servants and agents) of the Racecourse Authority (each and all of whom are herein collectively described as "Racecourse Employees") nor
(iii) the Stewards of the meeting or any of the officials appointed for the meeting by the British Horseracing Authority Ltd. (each and all of whom are collectively referred to herein as "Officials")
shall in any circumstances whatsoever, including but not limited to the negligence of either the Racecourse Authority, Racecourse Employees or the Officials, be under any liability whatsoever to the Owner for any loss, injury, damage or delay of whatsoever kind suffered by or in respect of or in connection with any entered horse either at the Racecourse or at premises belonging to or occupied by the Racecourse Authority or elsewhere arising or resulting or indirectly from any act, neglect or default on the part of the Racecourse Authority or any Racecourse Employee or any Official and the Owner agrees not to sue any of the said Racecourse Authority, Racecourse Employees or Officials for or in respect of any such loss, injury, damage or delay. Always provided that nothing in this paragraph shall exclude liability for death or personal injury resulting from the negligence of either the Racecourse Authority, Racecourse Employees or the Officials.
The Racecourse Authority is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be from time to time Racecourse Employees or Officials and all such persons shall to this extent be or be deemed to be parties to the contract contained in or evidenced by this Entry.
In the event of the Directors of the British Horseracing Authority Ltd. in exercise of the powers conferred upon them by the Rules of Racing ordering the transfer to another racecourse of the race meeting to which the entry relates the entry is to be treated as a valid entry for the race at that other racecourse. Furthermore in the aforesaid event the benefit of these conditions is deemed to be assigned to the Racecourse Authority of the racecourse where the race meeting is held and the definitions and terms contained in (b) and (c) are to be read and construed as applying to the Racecourse Authority, Racecourse Employees and Officials of such racecourses.
Effective from 12th February 2018
Without prejudice or limitation to the provisions of Condition 2(b) above, the Owner acknowledges and agrees that the horse ambulance providers acting as independent contractors to the Racecourse do not hold and are unable to obtain insurance in relation to transportation of already injured racehorses as such insurance is not available in the market. The Owner shall satisfy themselves as to the sufficiency of their insurance cover in relation to their racehorses and any loss, injury, damage or delay of whatsoever kind which they may suffer if transported by such horse ambulance providers. The limitation of liability and agreement not to sue contained with Condition 2(b) shall apply in relation to the Racecourse Authority, Racecourse Employees or Officials in respect of any such loss, injury, damage or delay of whatsoever kind which the Owner may suffer if racehorses are transported by such horse ambulance providers. The Owner agrees that this is a reasonable allocation of risk having considered the relevant circumstances.