“Booking”  means an order for the Services placed by you and agreed by the Company, which shall form part of this Agreement.

“the Company” “our”, “us” and “we” means Chester Race Company Limited with company registration number 00036700 and whose registered office is at the Racecourse, Chester, Cheshire, CH1 2LY.

“Deposit” means the non-refundable and non-transferable deposit that shall be paid by you to the Company as stated in this Agreement or otherwise by the Company, or, if not stated, the amount being calculated at 25% of the anticipated total fee for the Services.

“Equipment” means any equipment provided by the Company in the course of the provision of the Services, as specified in this Agreement.

“Event” means the particular event or conference, you the Customer wish to hold at the Racecourse.

“Facility” means any area(s) (including room(s)), if any, in the Racecourse licensed to you for use in the provision of the Services on the Service Date as set out in this Agreement (and “Facilities” shall be construed accordingly).

“Fee” means the amount to be paid by you as detailed in this Agreement in respect of the Services. All prices quoted shall exclude VAT unless expressly stated otherwise.

“Fixture List” means the list of Race Days relating to each race season published by the Company annually and updated from time to time.

“Guests” means all persons attending the Event at the Facility.

“Racecourse” means the pitch, grounds, stands and related facilities (including, without limitation, the Facility) and any part thereof located at the Racecourse, Chester, Cheshire, CH1 2LY and / or the Racecourse Bangor-on-Dee Wrexham LL13 0DA as shall be identified in this Agreement.

“Race Day” means such days as are indicated on the Fixture List.

“Services” means the granting of access by the Company to the Facility and such related parts of the Racecourse for the undertaking of your Event, and the services which the Company agrees to provide to you in respect of your Event as set out in this Agreement.

“Service Date” means the date of the Event, as confirmed in this Agreement.

“you”/“your”/”the Customer” the individual, organisation or company that is entering into this Agreement.

We aim to ensure that the information provided in brochures and other promotional literature or material, or on our website, is accurate. There may however be non-material differences between the Services and their description. Such promotional literature or material shall not form part of the Agreement or have any contractual force.

1. 1. When making a Booking, the Customer undertakes to accept for the Customer and on behalf of the Guests, the terms of this Agreement. You are responsible for making all payments due to us and for keeping all Guests advised of, and ensuring their compliance with, the terms and conditions incorporated in this Agreement and any other rules and regulations at the Racecourse.
   2. The Customer must fully and fairly represent the purpose for which the Facility is required. Any misrepresentation may result in cancellation of the Event at any time by the Company. Under no circumstances may the Customer sub-let or further offer for hire any of the Facilities booked.
   3. Planned sponsorship of the Event must be fully disclosed prior to booking and will be allowed only with full agreement by the Company.
   4. Customers must be 18 years of age at the time of making the Booking.
   5. Unless otherwise agreed by the Company, you are required to pay the Deposit at the time of making the Booking. When making a Booking, you must provide the number of Guests that are to attend the Event. The Company will endeavour to accommodate any additional Guests notified after the date of the Booking (subject to availability and clause 4.2 below).
   6. All Bookings are subject to availability. Once a provisional Booking is made, the Company will send out the details of the provisional Booking along with the relevant terms for acceptance within 7 days. To accept the Booking, you can confirm acceptance in writing (e.g. email), by telephone, by signing a copy of the details, by instructing us to proceed with preparations for the Event or by payment of the Deposit. Your acceptance creates a contract and the Customer and Company are bound by its terms subject to clause 2.7 below. Occasionally, instead of using a contract format document, we may provide the terms in an email format for your acceptance. After acceptance, we may reissue the details in a proper contract format for record keeping purposes; such reissue shall in no way change or affect the contract between us.
   7. The Company has the right to refuse any Booking prior to the receipt of your acceptance pursuant to clause 2.6. Where there is a contract pursuant to clause 2.6, the Company is entitled to cancel the contract (and the Booking) unless and until the Company receives the Deposit or entire payment (as required in the Booking details) in full and cleared funds. If we refuse a Booking, we will tell you in writing and promptly refund any money you may have already paid to us in respect of the Booking. In the event of cancellation under this clause 2.7, we shall not have any further liability towards you or any third party
   8. If the Customer is not an individual:
      1. the representative making the Booking represents and warrants that they are duty authorised to make the Booking on behalf of the Customer and to agree to the terms of this Agreement (and will produce reasonable evidence of their authority is requested ); and
      2. the representative making the Booking represents and warrants that by agreeing to the terms of this Agreement, the terms are binding on the Customer (and if the Customer is not an incorporated entity – that the terms are binding on each trustee, member or partner, as appropriate, jointly and severally).

1. The Company shall be entitled to invoice for the balance of the Fee from 60 days prior to the Service Date.
2. Unless otherwise agreed in writing, the full Fee is payable (without retention or set off) within 30 days of the invoice, along with any additional amounts required (including any separate invoice issued in accordance with clause 3.5) together with any VAT due thereon.
3. If the Service Date is within 60 days of the date of the Booking, the Customer shall pay (without retention or set-off) the Deposit, the balance of the full Fee and any additional amounts in this Agreement (including any separate invoice issued in accordance with clause 3.5), together with any VAT due thereon, at the time of the Booking.
4. Time for payment shall be of the essence. No payment shall be deemed received until the Company has received the amount in cleared funds.
5. The Company reserves the right to charge extra (in addition to the Fee) for the provision of special or other items in addition to the Services as agreed between the parties, including an administration charge for the booking of such items.
6. Verbal quotations are indicative only and do not carry any contractual force.
7. Subject to clause 3.3 above, if we do not receive full payment in accordance with the above timescales, the Company reserves the right to refuse to supply the Services (including access to the Facility) and/or to cancel or suspend this Agreement without prejudice to any of its other rights, whether or not contained in these Conditions. In addition, the Company shall be entitled to claim interest and compensation for debt recovery costs under all applicable United Kingdom late payment legislation; and any charges and legal and other costs that the Company incurs in pursuing or enforcing any legal or debt recovery action.

1. In the event that the Racecourse and /or Facilities is/are required by the Company for any business related purpose, e.g. Race Days, the Company reserves the right to change the Service Date or cancel the contract without any liability to you beyond a refund of any Deposit paid.
2. The Company reserves the right to refuse any request to increase party size; if this results in a cancellation, the below cancellation policy still applies.
3. In the event that there is a change to the Service Date pursuant to clause 4.1, the Company shall notify you of such change as soon as reasonably practicable. If you do not wish to continue with the Services on any rescheduled date offered to you by the Company (if such rescheduling is possible), you must advise the Company immediately and in such circumstances, any Fee received from you in respect of the cancelled part of the Services will be refunded.
4. Occasionally, we may have to make changes to the nature of the Services and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date.
5. Unless stated otherwise in this Agreement, the Company reserves the right to change the Facilities booked for the Event, without notice to you, provided that it does not otherwise impact on the provision of the Services.
6. If we propose to make a major change to the Services, we will inform you as soon as reasonably possible and in any event prior to the relevant Service Date. You will have the choice of either accepting the change to the Services, or cancelling your booking and receiving a full refund of all monies paid (please see clauses 6 and 7.1 of our standard Terms and Conditions, which shall apply in this circumstance, these are located here [             ]).
7. If you cancel your Booking for any reason, such cancellation must be notified to us in writing. On receipt of the cancellation notice the Company shall be entitled to withhold a percentage of the Fee or invoice an amount (as applicable) as a cancellation charge, as set out below
8. The Company will not be liable for any costs incurred by you as a result of a cancellation under this clause 4.

Cancellation charge (percentage of fee)

180 – 150 days – Deposit

149 – 120 days – 40%

119 – 90 days  – 60%

89  – 61 days – 80%

60 days or less – 100%

1. The Customer will not invite or permit more than the agreed number of Guests to attend the Event.
2. The minimum number of Guests attending must be confirmed to us at least 30 days prior to the Service Date. The Fee will be calculated on the basis of the notified number of Guests (and if the actual number of Guests that attend on the day is higher than confirmed, the Company reserves the right to prevent access to Guests where the Company considers the number of Guests may (in the Company’s absolute discretion) cause a health and safety issues and in any event the Fee will be re-calculated and a further invoice will be issued following the provision of the Services, which shall be immediately payable).
3. Should the actual number of Guests fall below the minimum number confirmed the Fee shall reflect the minimum number.
4. The Customer is responsible and liable for the conduct of all Guests and warrants and undertakes that the Customer and each of the Guests shall at all times conduct themselves in an orderly fashion and observe and abide by the requirements of this Agreement and the requirements set out in the racecourse regulations section of the standard Terms and Conditions.
5. Entry to, and the right to remain in, the Racecourse is at the Company’s sole discretion at all times. The Company reserves the right to refuse admission to and/or to remove from the Racecourse, in its absolute discretion and without giving any reasons, any person.
6. The Company may refuse admission/remove any person failing to comply with any of this Agreement, any person whose presence is (in the Company’s absolute discretion) undesirable, any person who is unruly, a source of danger, offence or annoyance, anyone who has or is likely to commit a criminal offence, or anyone who has previously been refused access to and/or removed from the Racecourse. The Company shall have no obligation to give any reason.
7. You warrant and undertake that you and any Guests shall at all times:
   1. conduct themselves in an orderly fashion;
   2. refrain from anti-social behaviour;
   3. refrain from carrying out any acts that are or are likely to be prejudicial to the interests of the Company (including prejudicial to any licence held by the Company);
   4. abide by this Agreement;
   5. abide by all applicable dress-codes and ground regulations in force from time to time;
   6. only use the Facilities for the purposes of the receipt of the Services during the Service Date;
   7. not use the Facilities for any purpose which the Company may consider (in its sole discretion) illegal, immoral, inappropriate or dangerous;
   8. not cause any nuisance or annoyance to any other person whatsoever, nor cause any obstruction to the access or egress at the Racecourse and/or the Facilities;
   9. not damage the Facilities or Racecourse, (as applicable), nor litter or leave waste, but keep it in a clean and tidy condition, at all times to the Company’s satisfaction;
   10. not bring into the Facilities or Racecourse any dangerous or illegal substances;
   11. comply with the instructions of the Company and/or its officers, employees or agents;
   12. The climbing of fences, stands and any other buildings is forbidden. Trespassing on the racetrack, except at designated crossing points, is disallowed at all times;
   13. All attendees under the age of 18 must be accompanied by an adult. Children under the age of 18 are admitted free of charge in the general enclosures on race days provided they are accompanied by a responsible adult; and
   14. Consumption of alcoholic beverages by Guests under the age of 18 is strictly prohibited.
8. In addition to its rights of ejection above, the Company reserves the right to cancel this Agreement without refund or liability at any time if it has reasonable grounds for believing that the Customer or their Guests have or are likely to fail to comply with the requirements of this clause 5.
9. The Customer will ensure that all Guests leave the Racecourse quietly and that no disturbance is caused to local residents or business as a result of the departure of Guests from the Event.
10. The Customer shall be responsible that good order is kept in the Facilities and the Company reserves the right to terminate any Event not properly conducted.
11. The assessment of the conduct of an Event rests with the Company’s duty manager and he has full authority to act on behalf of the Company.
12. The Company reserves the right to search or conduct a number of searches of the Customer’s or Guests’ baggage or vehicles at any time while at the Racecourse. Refusal to permit a search may result in being required to leave the Racecourse.

1. Subject to the terms of this Agreement, access to the Racecourse and the Facility will be permitted for the enjoyment of the Services during such hours on the Services Date as are set out in this Agreement.
2. The Customer and Guests shall not be entitled to access the Racecourse or the Facility without complying with such other checks on admission as the Company may require from time to time.
3. This Agreement does not grant any exclusive possession of any part of the Racecourse or the Facility nor does it create any relationship of landlord or tenant. The Customer is not entitled by virtue of the receipt of the Services to any charge or interest over any property in or associated with the Facility or the Racecourse.
4. The Customer and Guests may only use the Facility for the purposes of the receipt of the Services during the Service Date and shall not use the Facility for any purpose which the Company does not specifically authorise or considers (in its sole discretion) illegal, immoral, inappropriate or dangerous.
5. The Customer and their Guests shall further refrain from:
   1. using the Facility or any part of the Racecourse to sell any product or service without the Company’s prior written consent;
   2. carrying out any gambling or betting activities except by the Company approved bookmakers;
   3. using the Facility, Racecourse or anything included in the Booking as a prize for a competition or promotion (without prior written consent and subject to any the Company rules regarding public declarations of such activity), for advertising or other promotion; or
   4. displaying signage or other exhibition or advertising material without prior written consent of the Company (and the Company may remove unauthorised or offensive material).
6. The Company and its employees, agents or contractors reserve the right at any time to enter the Facility for any purpose, including (but not limited to) checking the Customer and Guests are complying with this Agreement and to carry out any emergency repairs to the Facility or adjoining areas.
7. The Customer and their Guests shall not sell or offer to sell the Facility (or access to it), any car park ticket or any other item or benefit provided pursuant to the Booking.
8. After the provision of the Services, the Customer and their Guests shall use all reasonable endeavours (at the Customer’s expense) to leave the Facility in the same condition it was found at the start of the Service Date and remove all Customer items. No Company-owned items (including Equipment, see clause 7 below) shall be removed from the Facility or the Racecourse by the Customer or their Guests. Any items left by the Customer after the Service Date shall be deemed abandoned and may be disposed of by the Company in its absolute discretion. The costs of such disposal shall be borne by the Customer.
9. The Company reserves the right, in its sole discretion, to refuse admission to you, any Guests and/or any other individual(s) to the Facilities and/or the Racecourse (as applicable) and/or to evict you, any Guests and/or any other individual(s) from such venues.

1. If the Services include catering services, all details of the food and beverage to be served shall be set out on a separate menu, which will be agreed by you and the Company in writing prior to the Service Date. You are required to confirm the food and drink order from the agreed menu at least 14 days in advance of the agreed Service Date. The Company reserves the right to substitute alternative food or drink of a similar quality if the items shown on the menu cannot be conveniently obtained. Any such changes will be discussed with you where practical and time allowing.
2. You shall notify the Company in writing, at least 7 days before the Service Date, if you or any of your Guests have any special dietary requirements or food allergies. The Company admits no liability for any illness caused by an allergy that the Company were not made aware of in accordance with this clause.
3. No food or alcohol may be brought into the Facilities and/or the Racecourse (as applicable) by you or your Guests, unless agreed in advance in writing by the Company.
4. No heating, cooking or similar equipment is permitted in the Facility except the equipment provided by the Company’s caterer.
5. Alcohol may only be consumed in areas designated by the Company. No alcohol shall be consumed in contravention of the Racecourse regulations, this Agreement or the law.
6. Any stock including beverages and food purchased by the Customer prior to the Event and remaining after the conclusion of the Event may be taken away immediately after the Event or at a time agreed by the Company. Stock contained within the Facilities must be decanted only into suitable sealable and sterile containers. Perishable items should be consumed within 24 hours.
7. The Company reserves the right to substitute food and/or drink products specified with similar products. Where possible the Company will make reasonable endeavours to inform you of any such changes.

1. 1. The Customer recognises and accepts that the venue is a Racecourse and that from time to time our ordinary course of business can impact the look, feel and sound of our venue.  This can change the ambience of the Event.  We will use reasonable endeavours to avoid any disruption to the Event but occasionally it is unavoidable and our commitment to racing has to take precedence.  Examples are:  agricultural work that may be taking place on the track or public areas, maintenance of buildings and other public areas.
   2. Nothing in this Agreement shall limit or exclude the Company’s liability for death or personal injury caused by its own negligence, or the negligence of its employees and agents, or for fraud or fraudulent misrepresentation.
   3. Subject to clause 9.2 above, where the Customer is not a consumer under the law, neither the Company nor any of its officers, employees or agents shall be liable or responsible to you or your Guests or any other persons attending the Event, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any direct or indirect or consequential loss arising under or in connection with this Agreement including in connection with any goods or chattels lost or damaged while at the Event.
   4. Except as set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
   5. The owners of vehicles that use roads and car parks located at the Racecourse do so entirely at their own risk. All vehicles parked or stored at the Racecourse are parked at the owner’s risk and the Company accepts no responsibility for such vehicles. Drivers must be driven with utmost care at the Racecourse and drivers must adhere to all written and verbal instructions, directions and signs. The Company reserves the right to require any vehicle be moved, or to move the vehicle, if it is not parked in an appropriate designated area or if it obstructs the smooth operation of the Racecourse or causes a hazard. Parking or setting down on the side is prohibited other than at official car parks.
   6. For the avoidance of doubt, we will not be liable for any injury, loss or damage where such injury, loss or damage is due to:
      1. the acts or omissions of you or your Guests; or
      2. a third party unconnected with this Agreement.
   7. The Customer shall indemnify and hold the Company and its officers, employees and agents harmless in respect of:
      1. any breach by the Customer and/or your Guests of any of your warranties, undertakings and/or obligations under this Agreement;
      2. any costs incurred by the Company arising from enforcement of  this Agreement;
      3. the costs of repair or replacement in respect of any damage (beyond fair wear and tear) caused by you and/or your Guests to the Facility and/or the Racecourse (or any fixtures, fittings or equipment  (including the Equipment) contained therein); and
      4. any liability incurred by the Company due to any personal injury or damage to property caused by you and/or your Guests to any third party while at the Facility and/or the Racecourse.
   8. The Company shall have no liability for any loss, injury or damage to Customers or their property save where such loss or damage arises due to the negligence of the Company, its agents or employees. Subject to clause 9.2, if the Company is responsible for loss, injury or damage suffered by the Customer or their property which is a foreseeable result of our negligence, the Company’s total liability shall not in any circumstances exceed £50,000.
   9. Nothing in this Agreement affects the statutory rights of any Customer acting as a consumer.
   10. Where the Customer is not an individual consumer, the Customer warrants that they have suitable public liability insurance to cover its liabilities pursuant to this clause 9 and shall provide evidence of the same upon request.
   11. Any breakages, damages or loss of the Equipment may be charged by the Company to you at the Company’s discretion. Any damage deemed to have been caused by the Company to your or your Guest’s equipment or goods must be immediately brought to the attention of, and verified by, the Company’s duty manager at your conference or event. This includes, but is not restricted to spillages on clothes, loss of equipment and breakages to personal items.

1. This Agreement may be terminated immediately upon written notice by the Company without liability if:
   1. there is any default in payment of the Fee in accordance with this Agreement;
   2. you or your Guests fail to observe or perform any of your warranties, undertakings and/or obligations under these Conditions;
   3. you or your Guests behave unacceptably (as the Company will not tolerate any physical or verbal abuse towards any of our staff, management or other third parties in any circumstances); or
   4. you are unable to pay debts as and when they fall due, an order is made or resolution passed for you to be declared bankrupt or be wound up (as appropriate), or if an administrator, receiver or manager or administrative receiver shall be appointed over the whole or any part of your undertakings or assets, you make an assignment for the benefit of or composition with your creditors generally or if you cease to carry on business.
2. Any obligations of the Customer accruing prior to the early termination of this Agreement or completion of the Services shall survive such termination or expiry.

1. The Company shall not be deemed to be in breach of this Agreement or otherwise liable to you as a result of any delay or failure in the performance of its obligations under this Agreement if and to the extent that such a delay or failure is caused by an event of Force Majeure.
2. For the purposes of this clause 11, ‘Force Majeure’ means any situation or event beyond the control of the Company including (but not limited to) an act of god, war or threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, outbreak of disease or imposition of quarantine, epidemics or health risks, changes in any law or governmental order rule or direction, rules or instructions of any regulatory body (including (without limitation) the British Horse Racing Authority), changes imposed by re-scheduling or cancellation of transport, the alteration of transport, transport schedule or transport types and adverse weather conditions (actual or threatened).

1. The Customer will not publish, circulate or distribute any advertisement or publicity material relating to the Event or the location of the Event without obtaining the prior written approval of the Customer for the form and content of such advertisement or publicity material.
2. The Customer will not disclose to any third party the existence of any contract into which it enters with the Company and will not use or authorise the use of the name “Chester Racecourse” or “Bangor-on-Dee Racecourse” or any of its intellectual property in any publication whether electronic or in hard copy other than in connection with the production, circulation or distribution of advertising or publicity material for the Event which shall for the avoidance of doubt require the Company’s consent.

1. The Company will use the personal information the Customer provides to the Company to supply the Services to the Customer, and (if the Customer agrees to this during the order process) to give the Customer information about similar products that the Company provides, but the Customer may stop receiving this at any time by contacting us. Please see further details in our Privacy Policy.
2. All personal data shall be recorded for as long as required on the Chester Race Company Ltd Database. This database is owned and used solely by the Chester Race Company Group, which comprises Chester Race Company Limited which owns and controls both Chester Racecourse and Bangor on Dee Racecourse.
3. The Company will only give your personal information to third parties where the law either requires or allows us to do so, or where you have given us consent to do so (either during the order process or otherwise).
4. The Customer acknowledges that many events are given coverage by the media (including, but not limited to, print media, television and other broadcast media and digital media). In addition the Racecourse may use photography and other recordings for promotional purposes (including, but not limited to, promotion in print media, television and other broadcast media, promotional material, social media and online and digital media). Customers, their Guests (including children) and/or horses, products or branding may appear in such coverage and/or material. Customers acknowledge on behalf of themselves and their Guests that the Customer and their Guests shall have no right to object to, or demand any payment in respect of such inclusion in any such coverage whether produced by the Customer or by third parties authorised by the Company.
5. By entering the Racecourse, Customers consent (for themselves and on behalf of any under Guests (including any under 18’s in the Customer’s care)) to the passing of still or moving images of the Customer and their Guests to third parties authorised by the Company for the purposes of the production of material to be used solely for the promotion of the Racecourse. On request, the Customer will give any additional consents or waivers required for the unrestricted lawful use of any coverage (if any) without request for payment or imposing any other conditions.

1. Where entertainment is provided by the Company:
   1. Customers accept (on behalf of themselves and their Guests) that hosts may use humour or humorous anecdotal stories to entertain. Such humour may arise out of direct references to individual members of the audience or out of references to matters which are sensitive to certain members of the audience. Except where such references are discriminatory under the law, the Company has no liability in respect of any hurt feelings, anguish, distress, indignation or alleged discrimination in respect of any Customer; and
   2. While the Company uses reasonable endeavours to ensure booked entertainment arrives, entertainment may be cancelled due to circumstances outside of the Company’s control. There is no guarantee that any such entertainment shall take place nor any representation or warranty is made as to the nature or quality of such entertainment. The Company is not obliged to provide any refund or exchange due to any alteration or cancellation of a specific race or performance, however the Company may issue partial refunds where the Company (in its sole discretion) considers it appropriate to do so.

1. 1. Smoking is not permitted in any part of the Racecourse save for designated areas. The Company and/or its officers, employees or agents shall be entitled to eject any persons reasonably believed to be smoking in non-‑ designated areas at the Racecourse.
   2. All notices to be given under the Agreement must be given in writing. Notices that you are required to give under the Agreement must be addressed to the Company and sent to the Company’s postal address or by email to events@horseradishcatering.com.
   3. Failure by the Company to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of such right or of any other right on any occasion. No waiver or variation regarding any rule, term, condition or otherwise will be effective unless the waiver is given in writing by the Company.
   4. The Company reserves the right to transfer the undertaking of the Racecourse to any other natural or legal person and to assign the benefit of this Agreement in connection with any such transfer and / or to amalgamate with another undertaking and by entering into this Agreement you are deemed to consent to the same. This Agreement is personal to you. The Customer shall not co-license, sub-license, sell, assign, pledge or otherwise transfer your rights under this Agreement, without the prior written consent of the Company.
   5. No waiver by the Company of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision.
   6. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions shall not be affected.
   7. To the fullest extent permissible in law, this Agreement is not intended to nor shall it create any rights, entitlements, claims or benefits enforceable by any third person (including, without limitation, Guests). Accordingly, no person shall derive any benefit or have any right, entitlement or claim by virtue of the Contracts (Rights of Third Parties) Act 1999.
   8. The Customer shall not disclose any of the terms of this Agreement or any other confidential information communicated to the Customer by the Company.
   9. This Agreement alone shall govern the provision of the Services to you by or on behalf of the Company. No other terms or conditions whether contained or referred to by you or otherwise implied by trade, custom or course of dealing shall apply unless specifically agreed to in writing by the Company.
   10. The Customer acknowledges and agrees that:
       1. this Agreement together with any documents referred to in it constitutes the entire agreement and understanding between you and the Company and supersedes any previous agreement relating to the subject matter of this Agreement (which shall be deemed to have been terminated by mutual consent); and
       2. in entering into this Agreement you have not relied on any pre-contractual statement.
   11. This Agreement shall be governed and construed in accordance with the laws of England and the English Courts shall have exclusive jurisdiction in the event of any dispute other than in relation to the enforcement of judgments, where such jurisdiction shall be exclusive.

Please read through this Agreement and check the Booking details.  If you have not already done so in line with clause 2.6, please confirm your acceptance of this Agreement within 7 days, e.g. by signing below. Chester Race Company may cancel your Booking if you have not paid the Deposit or other stated amount (where required). For any queries relating to this Agreement or the Services, please contact the sales team on 01244 304660.

1. 1. In these terms and conditions the following words shall have the following meanings unless the context requires otherwise:

“Booking” means an order for the Services placed by you and agreed by the Company, which shall form part of the Agreement.

“the Company” “our”, “us” and “we” means Chester Race Company Limited with company registration number 00036700 and whose registered office is at the Racecourse, Chester, Cheshire, CH1 2LY, trading as Horseradish.

“the Company Materials” has the meaning set out in clause 5.2.7.

“Deposit” means the non-refundable and non-transferable deposit that shall be paid by you to the Company as stated in this Agreement or otherwise by the Company, or if not stated, the amount being calculated at 25% of the anticipated total fee for the Services.

“Equipment” means any equipment provided by the Company in the course of the provision of the Services as set out in this Agreement.

“Event” means your event to be held at the Premises for which the Company will provide the Services, as set out in this Agreement.

“Fee” means the amount to be paid by you as detailed in this Agreement in respect of the Services. All prices quoted (including the Deposit) shall exclude VAT unless expressly stated otherwise.

“Guests” means the person(s) attending the Event.

“Premises” means your or a third party’s premises where the Event will be held.

“Services” means the services which the Company agrees to provide to you in respect of your Event as set out in this Agreement.

“Service Date” means the date on which the Company agrees to provide the Services to you as confirmed in this Agreement.

“you” / “your” / “the Customer” means the person, firm, organisation or company that is entering into this Agreement.

1. We aim to ensure that the information provided in brochures and other promotional literature or material, or on our website, is accurate. There may however be non-material differences between the Services and their description. Such promotional literature or material shall not form part of the Agreement or have any contractual force.

1. Written quotations are valid for 3 months from the date of quotation and may be subject to change (including following a visit to the Premises). All quotations contain fixed costs which will not be reduced if the final number of guests is less than originally quoted for. Verbal quotations are indicative only and do not carry any contractual force.
2. When making a Booking, you undertake that you have the authority to accept and do accept on behalf of your Guests, the conditions contained within this Agreement. You are responsible for making all payments due to us and for keeping all Guests advised of and ensuring their compliance with this Agreement.
3. Unless otherwise agreed by the Company, you are required to pay the Deposit at the time of making the Booking. When making a Booking, you must provide the number of Guests that are to attend the Event. The Company will endeavor to accommodate any additional Guests notified after the date of the Booking (subject to availability and clause 5.1 below).
4. All Bookings are subject to availability. Once a provisional Booking is made, the Company will send out the details of the provisional Booking along with the relevant terms for acceptance within 7 days. To accept the Booking, you can confirm acceptance in writing (e.g. email), by telephone, by signing a copy of the details, by instructing us to proceed with preparations for the Event or by payment of the Deposit. Your acceptance creates a contract and the Customer and Company are bound by its terms subject to clause 2.5 below. Occasionally, instead of using a contract format document, we may provide the terms in an email format for your acceptance. After acceptance, we may reissue the details in a proper contract format for record keeping purposes; such reissue shall in no way change or affect the contract between us.
5. The Company has the right to refuse any Booking prior to the receipt of your acceptance pursuant to clause 2.4. Where there is a contract pursuant to clause 2.4, the Company is entitled to cancel the contract (and the Booking) unless and until the Company receives the Deposit or entire payment (as required in the Booking details) in full and cleared funds. If we refuse a Booking, we will tell you in writing and promptly refund any money you may have already paid to us in respect of the Booking. In the event of cancellation under this clause 2.5, we shall not have any further liability towards you or any third party.
6. If the Customer is not an individual:
   1. the representative making the Booking represents and warrants that they are duty authorised to make the Booking on behalf of the Customer and to agree to the terms of this Agreement (and will produce reasonable evidence of their authority is requested ); and
   2. the representative making the Booking represents and warrants that by agreeing to the terms of this Agreement, the terms are binding on the Customer (and if the Customer is not an incorporated entity – that the terms are binding on each trustee, member or partner, as appropriate, jointly and severally).

1. The Company shall be entitled to invoice the balance of the Fee 30 days prior to the Service Date.
2. Unless otherwise agreed in writing, the full Fee is payable (without retention or set off) within 30 days of the invoice, along with any additional amounts required (including any separate invoice issued in accordance with clause 3.6) together with any VAT due thereon.
3. If the Service Date is within 60 days of the date of the Booking, the Customer shall pay (without retention or set-off) the Deposit, the balance of the full Fee and any additional amounts required in accordance with this Agreement (including any separate invoice issued in accordance with clause 4.5), together with any VAT due thereon, at the time of the Booking.
4. Time for payment shall be of the essence. No payment shall be deemed received until the Company has received cleared funds.
5. The Company reserves the right to charge extra (in addition to the Fee) for the provision of special or other items in addition to the Services as agreed between the parties, or where final numbers confirmed before the Event (pursuant to clause 5.1), or the numbers actually catered for at the Event, are higher than the number used to calculate the Fee. The Fee will be reduced if final numbers confirmed pursuant to clause 5.1 are reduced (subject to any minimum numbers agreed) but not where lower numbers are only apparent on the day of the Event.
6. Subject to clause 3.3 above, if we do not receive full payment in accordance with the above timescales, the Company reserves the right to refuse to supply the Services and/or to cancel or suspend all existing arrangements without prejudice to any of its other rights. In addition, the Company shall be entitled to claim interest and compensation for debt recovery costs under all applicable United Kingdom late payment legislation; and any charges and legal and other costs that the Company incurs in pursuing or enforcing any legal or debt recovery action.

1. Any changes to the times of the Services must be notified as early as possible.
2. Occasionally, we may have to make changes to the nature of the Services and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date.
3. If we propose to make a major change to the Services, we will inform you as soon as reasonably possible and in any event prior to the relevant Service Date. You will have the choice of either accepting the change to the Services, or cancelling your Booking and receiving a full refund of all monies paid.
4. If you cancel your Booking for any reason, such cancellation must be notified to us in writing and on receipt of the cancellation notice the notice period will become effective and the Company shall be entitled to charge you the cancellation fees set out below:

Cancellation charge (percentage of fee)

180 – 150 days – Deposit

149 – 120 days – 40%

119 – 90 days – 60%

89  – 61 days – 80%

60 days or less – 100%

The Company will not be liable for any costs incurred by you as a result of a cancellation under this clause 4.

1. The number of Guests attending must be notified to us at least 30 days prior to the Service Date. The Fee will be re-calculated on the basis of the notified number of Guests at this time in accordance with clause 3.5. Final changes to Guest numbers must be confirmed no later than 14 days prior to the Service Date.
2. Should the actual number of Guests fall below the minimum number confirmed pursuant to this Agreement and clause 5.1, the Fee shall reflect the minimum number.
3. You warrant and undertake that you shall at all times:
   1. co-operate with the Company in all matters relating to the Services;
   2. provide the Company its employees, agents and subcontractors with access to the Premises as reasonably required by the Company;
   3. provide the Company with such information and materials as the Company may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;
   4. prepare the Premises for the supply of the Services and provide any equipment or material agreed by the parties (including those items listed as being the Customer’s responsibility at the start of this Agreement);
   5. take steps to ensure that the Premises and your or any third party facilities or equipment to be used by the Company in the provision of the Services are adequate and, at all time, comply with all relevant health and safety requirements;
   6. obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start;
   7. keep and maintain all materials, Equipment, documents and other property of the Company (the Company Materials) at your premises in safe custody at your own risk, maintain the Company Materials in good condition until returned to the Company, and not dispose of or use the Company Materials other than in accordance with the Company’s written instructions or authorisation;
   8. ensure that you, your employees and any Guests refrain from carrying out any acts that are or are likely to be prejudicial to the interests of the Company or likely to endanger the health or safety of the Company’s employees, agents or subcontractors; and
   9. abide by this Agreement.
4. The Company reserves the right to cancel this Agreement without refund or liability at any time if it has reasonable grounds for believing that you and/or your Guests have or are likely to fail to comply with clause 5.2 above.
5. If the Company’s performance of any of its obligations under this Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Customer Default):
   1. the Company shall without limiting its other rights or remedies have the right to suspend performance of the Services until you remedy the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Company’s performance of any of its obligations;
   2. the Company shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from the Company’s failure or delay to perform any of its obligations as set out in this clause 5.4; and
   3. you shall indemnify the Company against any costs or losses sustained or incurred by the Company arising directly or indirectly from the Customer Default in accordance with clause 8.5.

1. 1. At any time or date stated by the Company for the delivery or removal of goods or Equipment required in the provision of services is an estimate only and shall not be an essential term of contract. Delivery and collection will be attempted to all reasonable areas at the Premises.
   2. The Customer is responsible for any loss or damage to Equipment (including hired equipment), from time of delivery to the Premises until collection by the Company, or its sub-contractor, or returned to the Company. Any losses or breakages will be charged to the Customer at full replacement cost. The Customer should, in your own interest, ensure that all such Equipment is insured.
   3. You shall only be permitted to use Equipment during the provision of the Services where expressly authorised to do so.
   4. Unless otherwise agreed in writing by the Company, the Fee shall include the cost of hiring (and using, where relevant) the Equipment.
   5. The Equipment is and shall remain at all times the property of the Company or its relevant third party supplier and you shall have no right, title or interest to the Equipment.
   6. It is your responsibility to ensure that any Equipment requested is suitable and adequate in all aspects for the purpose for which it is hired, and where relevant, to ensure that the Equipment is at all times used in a reasonable and proper manner and in accordance with any instructions given to you by the Company.
   7. You will not alter or damage nor attempt to repair or otherwise tamper with the Equipment or request that a third party do so without the Company’s prior written consent and will not at any time remove the Equipment from the Premises.

1. Nothing in this Agreement shall limit or exclude the Company’s liability for death or personal injury caused by its own negligence, or the negligence of its employees and agents, or for fraud or fraudulent misrepresentation.
2. Subject to clause 8.1 above, neither the Company nor any of its officers, employees or agents shall be liable or responsible to you or your Guests or any other persons attending the Event, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any direct or indirect or consequential loss arising under or in connection with this Agreement including in connection with any goods or chattels lost or damaged while at the Event.
3. Except as set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
4. For the avoidance of doubt, we will not be liable for any injury, loss or damage where such injury, loss or damage is due to:
   1. the acts or omissions of the Customer or Guests;
   2. the Premises or your or any third party facilities and/or equipment or entertainment provided by the Customer;
   3. a third party unconnected with the provisions of this Agreement;
   4. an event of Force Majeure or an event which we or our employees, agents or sub-contractors (as the case may be) could not foresee or forestall; or
   5. any circumstances which mean that the Event cannot be held at the Premises.
5. You shall indemnify and hold the Company and its officers, employees and agents harmless in respect of:
   1. any breach by you and/or your Guests of any of your warranties, undertakings and/or obligations under these Conditions; and
   2. any damage caused by you and/or your Guests to the Equipment and any personal injury caused by you and/or your Guests to any of the Company’s officers, employees or agents or any third party while at the Event.
6. Any breakages, damages or loss of the Equipment may be charged by the Company to you at the Company’s discretion. Any damage deemed to have been caused by the Company to your, your Guest’s or a third party’s equipment or goods must be immediately brought to the attention of, and verified by, the Company’s duty manager at your conference or event. This includes, but is not restricted to spillages on clothes, loss of equipment and breakages to personal items.
7. The Company shall have no liability for any loss, injury or damage to Customers or their property save where such loss or damage arises due to the negligence of the Company, its agents or employees. Subject always to clause 8.1, if the Company is responsible for loss, injury or damage suffered by the Customer or their property which is a foreseeable result of our negligence, the Company’s total liability shall not in any circumstances exceed the Fee.
8. Nothing in this Agreement affects the statutory rights of any Customer acting as a consumer.

1. The Customer shall take out and maintain in full force and effect appropriate public liability, employer’s liability and professional indemnity insurances in respect of the indemnities set out in clause 8.5 and your obligations under this Agreement, and provide a copy to us upon request.

1. This Agreement may be terminated immediately upon written notice by the Company without liability if:
   1. there is any default in payment of the Fee in accordance with this Agreement;
   2. you fail to observe or perform any of your warranties, undertakings and/or obligations under this Agreement;
   3. you or your Guests behave unacceptably (as the Company will not tolerate any physical or verbal abuse towards any of our staff, management or other third parties in any circumstances); or
   4. you are unable to pay your debts as and when they fall due, an order is made or resolution passed for you to be declared bankrupt or be wound up (as appropriate), or if an administrator, receiver or manager or administrative receiver shall be appointed over the whole or any part of your undertakings or assets.
2. Any obligations of the Customer accruing prior to the early termination of this Agreement or completion of the Services shall survive such termination or expiry.

1. The Company shall not be deemed to be in breach of this Agreement or otherwise liable to you as a result of any delay or failure in the performance of its obligations under this Agreement if and to the extent that such a delay or failure is caused by an event of Force Majeure.
2. For the purposes of this clause 11, ‘Force Majeure’ means any situation or event beyond the control of the Company including (but not limited to) an act of god, war or threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, outbreak of disease or imposition of quarantine, epidemics or health risks, changes in any law or governmental order rule or direction, changes imposed by re-scheduling or cancellation of transport, the alteration of transport, transport schedule or transport types and adverse weather conditions (actual or threatened).

1. Neither party shall issue any press release or other public document, or make any public statement, containing or otherwise disclose to any person who is not a party, information which relates to or is connected with or arises out of this Agreement or the matters contained in it, without the prior written approval of the other party (as to its content and the manner and extent of its publication, such approval not to be unreasonably withheld or delayed). The parties shall consult together upon the form of any such press release, document or statement and the other party shall promptly provide such information and comment as the party issuing such press release, document or statement may from time to time reasonably request.

1. The Company will use any personal information the Customer provides to the Company to supply the Services to the Customer or to process the payment, and (if the Customer agreed to this during the order process) to give the Customer information about similar products that the Company provides, but the Customer may stop receiving this information at any time by contacting us. Please see further details in our Privacy Policy.
2. All personal data shall be recorded for as long as required on the Chester Race Company Ltd Database. This database is owned and used solely by the Chester Race Company Group, which comprises Chester Race Company Limited which owns and controls both Chester Racecourse and Bangor on Dee Racecourse.
3. The Company will only give your personal information to third parties where the law either requires or allows us to do so, or where you have given us consent to do so (either during the order process or otherwise).

1. Where entertainment or hospitality is provided by the Company:
   1. Customers accept (on behalf of themselves and their Guests) that hosts may use humour or humorous anecdotal stories to entertain. Such humour may arise out of direct references to individual members of the audience or out of references to matters which are sensitive to certain members of the audience. Except where such references are discriminatory under the law, the Company has no liability in respect of any hurt feelings, anguish, distress, indignation or alleged discrimination in respect of any Customer; and
   2. While the Company uses reasonable endeavours to ensure booked entertainment arrives, entertainment may be cancelled due to circumstances outside of the Company’s control. There is no guarantee that any such entertainment shall take place nor any representation or warranty is made as to the nature or quality of such entertainment. The Company is not obliged to provide any refund or exchange due to any alteration or cancellation of a specific piece of entertainment, however the Company may issue partial refunds where the Company (in its sole discretion) considers it appropriate to do so.

1. All notices to be given under the Agreement must be given in writing. Notices that you are required to give under the Agreement must be addressed to the Company and sent to the Company’s address or by email to events@horseradishcatering.com.
2. Failure by the Company to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of such right or of any other right on any occasion. No waiver or variation regarding any rule, term, condition or otherwise will be effective unless the waiver is given in writing by the Company.
3. The Company reserves the right to assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate in any manner any or all of its obligations under this Agreement to any third party or agent. By entering into this Agreement you are deemed to consent to the same. This Agreement is personal to you. The Customer shall not co-license, sub-license, sell, assign, pledge or otherwise transfer your rights under this Agreement, without the prior written consent of the Company.
4. If any provision in this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions shall not be affected.
5. To the fullest extent permissible in law, this Agreement is not intended to nor shall it create any rights, entitlements, claims or benefits enforceable by any third person (including, without limitation, Guests). Accordingly, no person shall derive any benefit or have any right, entitlement or claim by virtue of the Contracts (Rights of Third Parties) Act 1999.
6. The Customer shall not disclose any of the terms of this Agreement or any other confidential information communicated to the Customer by the Company.
7. This Agreement alone shall govern the provision of the Services to you by or on behalf of the Company. No other terms or conditions whether contained or referred to by you or otherwise implied by trade, custom or course of dealing shall apply unless specifically agreed to in writing by the Company.
8. The Customer acknowledges and agrees that:
   1. this Agreement together with any documents referred to in it constitutes the entire agreement and understanding between you and the Company and supersedes any previous agreement relating to the subject matter of this Agreement (which shall be deemed to have been terminated by mutual consent); and
   2. in entering into this Agreement you have not relied on any pre-contractual statement.
9. This Agreement shall be governed and construed in accordance with the laws of England and the English Courts shall have exclusive jurisdiction in the event of any dispute other than in relation to the enforcement of judgments, where such jurisdiction shall be exclusive.

Please read this Agreement and check the Booking details. If you have not already done so in line with clause 2.4, please confirm your acceptance of this Agreement within 7 days, e.g. by signing below. Chester Race Company may cancel your Booking if you have not paid the Deposit or other stated amount (where required). For any queries relating to this Agreement or the Services, please contact the sales team on 01244 304660.