"Members"
all such persons who own a membership in the club. The term "Member" shall relate to one person in such a club.
"Membership"
means a subscription in the club of a show jumper for the agreed period.
"Club"
a show jumping club formed, marketed or managed by the Company.
"Terms and Conditions"
means both the general terms and conditions and club terms and conditions in relation to any club.
CONTRACT
The Terms and Conditions form the basis of the contract between the Company and the Member. An application by a person to join a Club shall be deemed to be an offer to become a Member pursuant to the Terms and Conditions and such application shall only be deemed to be accepted when the company issues a written acknowledgement (such as the issuing of a certificate of membership) confirming that the person is a Member and that the club has been formed.
THE CLUB
The Club and all matters associated with it shall be managed by the Company whose decisions shall be final, binding on the Club’s Members and not open to query or appeal.
The Company will, from time to time, seek advice and guidance from such persons as vets to help reach decisions but the Company’s decision shall be exercised at its discretion and be final.
The Company owns the Business and the Intellectual Property. The Company derives its income from managing the Club.
The Members are the valued clients of the business and all client information is strictly confidential. The data relating to the company’s clients are protected by, and subject to The General Data Protection Regulation (EU) 2016/679 GDPR.
MEMBERSHIP
A membership buys you a subscription in the club of a specific show jumper for the agreed period or until that show jumper is retired, sold or otherwise disposed of by the Company in accordance with this agreement and acting in its absolute discretion. Such retirement may (without prejudice to the generality of the foregoing) arise from injury or other factors. Some Clubs have a pre-determined termination date. In the event of a Club having a pre-determined termination date this will be indicated on the Club’s offer page (“the Term”).
The Company gives no guarantee of the performance of any show jumper. Some show jumpers turn out to be star performers, the majority do not and therefore the purchase of a membership must not be treated as an investment opportunity. It is an entertainment. Furthermore, because a show jumper is a living creature, there can never be any guarantee that the show jumper will perform sufficiently well enough to win classes or to even make a show appearance.
A membership cannot be sub-divided.
A membership cannot be purchased by a person under the age of 18.
The Company alone determines how many memberships are to be offered in a Club.
When the Company accepts an applicant’s offer to purchase a membership, it shall grant the ownership of that membership to that applicant, subject to the Terms and Conditions.
Memberships shall not in any way be transferred, transmitted, alienated, given, offered for sale or offered as a gift or otherwise disposed of except as expressly provided in the Terms and Conditions. The memberships may not be charged or offered or granted as security to anyone other than to the Company. The memberships may not be subject to any third party rights or interests.
In acquiring a membership a Member does not acquire a share in the Company or the Company’s business or in the show jumper itself, but in the show jumper’s career during the agreed period with the Club. The legal and beneficial ownership of the Business shall at all times remain vested with the Company absolutely.
A Member must only use his/her membership for personal enjoyment and must not use the membership for any commercial purpose.
Where a membership is being purchased as a gift for someone else, the donor of the gift is required to nominate a recipient (at the time of payment) who shall be a person over the age of 18 and at the point of purchase, the nominated recipient shall automatically become the owner of the membership and shall be bound by these Terms and Conditions. All rights shall belong to the nominated.
Where the club is in the process of being formed and the number of memberships allocated to Members is less than the number required to form the club (as determined by the Company), the Company reserves the right not to proceed with forming the club and shall return all monies paid by the applicants. Alternatively, the Company may decide to re-advertise the club, and or to change the structure/financing of the proposed club. No person shall own a membership or have any other right to or interest in the show jumper until the Company notifies that person that he is a Member and that the club has been formed.
Where the company decides to proceed with the club but not all of the memberships have been sold, the Company, at its absolute discretion, may sell memberships at a higher or lower sum than the original offer price. (Note: there are a number of factors that can affect the value of a show jumper, including but not limited to; illness and/or poor performance on the showground. The value may increase if the show jumper performs well on the showground or other show jumpers related in the family perform well). (Note: that any changes to the value of the show jumper will be reflected in the membership price at the earliest available opportunity but may not be changed immediately (the exact date of change will be at the discretion of The Company).
In the event of the death of a Member, prior to the dissolution of the club, all rights and liabilities attached to that membership shall pass to the personal representatives of that Member’s estate.
The price payable by the Member for the membership, covers all costs associated with competing and training the show jumper, for the duration of the Term of the club.
In compliance with Consumer Legislation the Member has the right to cancel a new contract for Club services that they enter into with Guy Williams Jumping Club within 14 days of the date it is concluded (agreed). A Member can cancel their new membership purchase by returning their membership certificate and picture by recorded delivery or another guaranteed delivery method within 14 days of purchase and Guy Williams Jumping Club will refund their payment.
The Member shall own the membership in the Club for the agreed period of a show jumper’s career whilst it is owned by the Company.
Breeding rights in the show jumper are expressly excluded. By purchasing a membership you do not acquire any right in the show jumper itself or in any breeding rights of the show jumper.
Members will not receive any prize money. The Club is there to offer an experience.
The decision of whether or not a show jumper is injured to such a serious extent that it can no longer jump shall be the Company’s alone (having considered appropriate veterinarian advice) and not open to negotiation or debate.
The Company reserves the right to offer the show jumper for sale at public auction or by private sale of otherwise dispose of the show jumper for any reason whatsoever and at any time. Although it is the Company’s intention not to sell any show jumper within twelve months of purchasing it. A show jumper is a balance sheet asset of the Company alone.
When a show jumper is sold, the sales sum received belongs to the Company and Members do not receive any share in the sales sum.
COSTS
The price of each membership in a Jumping Club sold by the Company, includes all costs relating to that show jumper as follows:
Value Added Tax (VAT). Items a to d above are subject to VAT and this is currently set by the Government at a rate of 20%.
The all-inclusive cost includes mortality insurance for the show jumper during the club period. The insured sum shall amount to the value attributed to the show jumper by the Company at the start of the relevant club period. The beneficiary of the insurance policy shall be the Company.
The Company has a public and products liability insurance policy in place, designed to protect Members against compensation claims and legal costs if a show jumper causes injury/death to a third party and/or damage to property. The cost of this policy is met by the company.
MISCELLANEOUS
Most showgrounds impose restrictions on the number of people allowed into various parts of the venue, for health and safety reasons. The number of Members in a show jumper, who want to enter the showground not, exceeds the showgrounds figure. In such cases a ballot is held by the Company to determine the 'show tickets' allocation. This may or may not be on a complimentary basis but whatever the case, applies to the show which the relevant show jumper is competing.
Any Member who is granted a ‘show ticket’ agrees to abide by the show’s dress code. These will normally be emailed to members or can be found on the relevant show’s website.
Stable visits are organised from time to time and members will be notified in advance. These stable visits can become oversubscribed, particularly with the top horses. A ballot will be held for each visit if oversubscribed. Therefore, no guarantee of a place can be made. In a ballot, there will be no priority for early applications, so you can apply up until the published ballot closing date. A Member can occasionally bring one guest (more at some visits) but an entrance charge for each guest could be incurred. Some stable visits are not entirely suitable for disabled visitors and therefore accessibility needs to be checked prior to booking.
Guy Williams Jumping Club may from time to time take photographs or video footage at shows or at a stable event. By attending such an event, Members accept that such photography may take place and that it may be used by Guy Williams Jumping Club in the public domain with no payment made to any participant. Members not wishing to appear, need to position themselves behind the camera but there are still no guarantees of exclusion. Members also need to be aware that various television companies will show live or recorded scenes at the shows.
Where a declared show jumper becomes withdrawn in a class, Guy Williams Jumping Club will endeavor to relay this information to Members as soon as possible, but there could be occasions where we are unable to do this. All decisions relating to entries and declarations are made by Guy Williams, meaning a horse becoming withdrawn is beyond the control of Guy Williams Jumping Club. Therefore, Guy Williams Jumping Club cannot accept any responsibility or liability in relation to a show jumper not competing in a class. A show jumper can be withdrawn from a class for a number of reasons, including the health/fitness of the show jumper, or a change to the official schedule.
All Intellectual Property, including, without limitation, all intellectual property rights relating to the image and name of any show jumper, the Guy Williams Jumping Club name, logo shall remain legally and beneficially vested with the Company alone.
Show jumpers may be owned in whole or in part by the Company and all references to ‘owned by the Company’ include both ownership in whole and in part.
SHOW PRIZE MONEY / TROPHIES
Show prize money goes back to the Company and is not distributed to Members. However, there will occasionally be competitions for Members to enter to receive rosettes and trophies won by the show jumper.
THE HORSE
Where applicable, a colt may be gelded, normally upon the advice of the trainer. The Company will make the final decision following such advice without calling for a vote from the Members.
Occasionally a show jumper may fail to reach a reasonable jumping standard and the Company may at its discretion sell the horse. Upon the show jumper being sold the club will close prematurely and (subject to the Terms and Conditions) the sum received for the show jumper will belong to the Company.
(Note: when a show jumper is deemed to have little or no residual value, or, when in the Company’s opinion, it's in the best interests of the horse, to be retired from jumping, the Company’s policy is to ensure the show jumper has a safe and enjoyable retirement.)
THE TRAINER AND RIDER
Guy Williams is the trainer of the show jumpers and it is his choice of rider without notice to Members.
All decisions relating to training and showing are normally placed in the charge of the trainer whilst the show jumper is in his care. (Note: the Company believes that an appointed trainer will be best placed to make assessments relating to showing and welfare issues. The Company pays the trainer for his or her professional services and therefore normally does not interfere; however, the Company reserves the right to override any decision made by the trainer).
RETURNS POLICY
DEFECTIVE ITEMS
Any claims for misprinted/damaged/defective items must be submitted within 4 weeks after the product has been received. For packages lost in transit, all claims must be submitted no later than 4 weeks after the estimated delivery date. Claims deemed an error on our part are covered at our expense.
Please contact info@gwjumpingclub.com
DELIVERY ISSUES
INCORRECT ADDRESS
If you have provided an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).
Please contact info@gwjumpingclub.com
UNCLAIMED
Shipments that go unclaimed are returned to our facility and the buyer will be liable for the reshipping cost.
ITEM DID NOT ARRIVE
For packages lost in transit, all claims must be submitted no later than 4 weeks after the estimated delivery date. We track all items.
Please contact info@gwjumpingclub.com
ENFORCEABILITY
If at any time one or more of the provisions of these Terms and Conditions becomes invalid, illegal or unenforceable under any law or is held by a court to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
VARIATIONS
The Company reserves the right at its discretion to amend or vary the Terms and Conditions from time to time and will display updated Terms and Conditions on the Company’s website.
LAW AND JURISDICTION
The contract (including for the avoidance of doubt the Terms and Conditions) shall be governed by and construed in all respects in accordance with the laws of England, and the Member and the company hereby agree to submit to the exclusive jurisdiction of the English Courts.
DISPUTE RESOLUTION PROCEDURE
If a dispute arises out of or in connection with this agreement or the performance, validity or enforceability of it (Dispute), then the parties shall follow the procedure set out in this clause:
(a) The Member with the Dispute shall give to the Company written notice of the Dispute, setting out its nature and full particulars (Dispute Notice), together with relevant supporting documents. On service of the Dispute Notice, the Company shall attempt in good faith to resolve the Dispute;
(b) if the Company is for any reason unable to resolve the Dispute within 60 days of it being referred to them, the parties agree to enter into mediation in good faith to settle the Dispute in accordance with the CEDR Model Mediation Procedure the mediator shall be nominated by the Society of Mediators if not otherwise agreed upon by the parties. To initiate the mediation, a party must serve notice in writing (ADR notice) to the other party to the Dispute, referring the dispute to mediation. Unless otherwise agreed between the parties, the mediation will start not later than 90 days after the date of the ADR notice.
No party may commence any court OR arbitration proceedings in relation to the whole or part of the Dispute until 90 days after service of the ADR notice, provided that the right to issue proceedings is not prejudiced by a delay.
If the Dispute is not resolved within 120 days after service of the ADR notice, or either party fails to participate or ceases to participate in the mediation before the expiry of that period or the mediation terminates before the expiry of that period, the Dispute shall be finally resolved by the courts of England and Wales.
WAIVER
The failure by the Company to enforce at any time or for any period any one or more of the Terms and Conditions shall not be a waiver of them or of the right at any time subsequently to enforce any or all Terms and Conditions.
PREVAILING TERMS
If any provisions of the general terms and conditions at any time conflict with any provisions of the club terms and conditions, the club terms and conditions shall prevail.
Any person who is banned from entering a showground and/or 'warned off' by the authorities, cannot become a client of Guy Williams Jumping Club.
All text created by Guy Williams Jumping Club (including, but not limited to, all horse reports and these terms and conditions), as well as all photographic images, both still and moving, including written and spoken words, are subject to copyright law and cannot be copied or transmitted in any format. The image and/or name of any Guy Williams Jumping Club horse, in any format, cannot be exploited for any commercial purpose (whether or not for profit). These restrictions include the placing of material within social media sites, such as, but not limited to, Facebook, Instagram and Twitter.
Force Majeure - whilst Guy Williams Jumping Club is in the fortunate position of providing a large number of services online, there may be some occasions during an unexpected event (such as, but not limited to, outbreak of a disease or bad weather), that renders the company unable to provide some or all services. For example, events held at shows, stables etc. may be subject to postponement or cancellation.
Guy Williams Jumping Club is owned by the Company, which has processes in place to comply with GDPR. For full information, please refer to the 'Privacy Policy' on our website, or available by request.
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