CONDITIONS OF MEMBERSHIP

This document contains key information about the Byerley Racing Club Limited (the Club) ACN 614 946 208. It should be read in conjunction with the Club’s Constitution. To the extent of any inconsistency between this document and the Constitution, the Constitution will prevail. This document may be amended from time to time at the total discretion of the Board.

1. PURPOSE

1.1. The purpose of the Club is to engage in the activity of animal racing. Specifically, the Club exists in order to offer the experience of thoroughbred racing participation to its members.

 

2. MEMBERSHIP

2.1. Membership applicants must complete and submit the Club’s Membership Application Form. The Membership Application Form requires that applicants have read the Constitution and the Conditions of Membership.

2.2. At the time of application, Members must be 18 years of age or over.

2.3. The Club reserves the right to reject any membership application in its absolute discretion and without the provision of its reasons. Any funds paid by an applicant who has never been accepted as a club member will be refunded without delay.

2.4. Members may end their membership with the Club at any time. No cancellation fee will be charged, however subscription fees and all other arrears due and unpaid by the Member at the date of resignation must be paid.

2.5. The Club reserves the right to expel a Member in accordance with the Constitution.

2.6. Honorary Members

From time to time, the Board may appoint an Honorary Member for a period of no more than 12 months. During this time, the Honorary Member is not required to pay either the joining fee or ongoing monthly fees and may enjoy the full benefits of membership.

 

3. MEMBERSHIP BENEFITS

3.1. The membership benefits are strictly of a non-financial nature. The Club will not distribute dividends to Members and Members will not hold a financial interest in the Club or its property.

3.2. The membership benefits include, but are not limited to:

3.2.1. Race-day participation;

3.2.2. Social events (including ‘Members Only’ functions);

3.2.3. Stable and agistment farm visits;

3.2.4. Getting to know trainers, horses and other members, and;

3.2.5. Weekly communications from the Club.

3.3. The Club reserves the right to charge a ticket price for attendance at special events where the Club is required to pay a third-party (e.g. a function centre or race-club).

 

4. CLUB OPERATIONS AND FINANCES

4.1. The Board may appoint a Managing Director for such period, and on such terms, as the Board determines. The Managing Director shall be responsible for the day-to-day operations of the Club.

4.2. The Club will secure racehorses to be raced by the Club either on a lease or purchase basis.

4.3. The Club’s audited/reviewed financial accounts will be made available to Members on an annual basis.

 

5. WINNINGS AND PRIZE-MONEY

5.1. Members will not be paid any winnings or prizemoney.

5.2. 95% of any winnings and prizemoney shall be reinvested into the operations of the Club.

5.3. 5% of any winnings and prizemoney shall be donated annually to the National Jockey’s Trust.

 

6. CONFLICTS OF INTEREST

6.1. The Company will provide to the Members full disclosure of any interest, whether financial or otherwise, in any dealings it has, including through the actions of its Directors and employees, that may be considered a conflict of interest.

 

7. ANNUAL GENERAL MEETING

7.1. The Club shall hold an annual meeting to which all Members are invited by notice given no less than 21 days prior to the meeting or in such a way as specified in the Corporations Act.

7.2. The Annual General Meeting shall include an annual financial report of the previous year’s activities.

 

8. COMPLAINTS

8.1. Complaints must be made in writing to the Complaints Officer at [email protected].

8.2. Complaints will be attended to no later than 10 days after receipt of the complaint.

8.3. The Complaints Officer will provide advice as to how the complaint shall be dealt with by the Club and the time frame that the Club believes it will take for the complaint to be dealt with to the satisfaction of all parties.

 

9. LIABILITY

9.1. In relation to membership of the Club and the services provided to members these Conditions of Membership apply to all members and they agree to be bound by them.

9.2. In relation to membership of the Club, and the provision of membership services:

9.2.1. The Club excludes all implied conditions and warranties, except those of which the exclusion would contravene any statute or cause any part of these Conditions of Membership to be void;

9.2.2. To fullest extent permitted by law, the Club will not be liable for any loss or damage (whether foreseeable or not) suffered by members or any other person acting on the Club’s advice, whether loss or damage arises in connection with the Club’s negligence, default or lack of care, any misrepresentation or any other cause; and

9.2.3. To the extent that the Club cannot exclude its liability then the Club’s liability is limited, at the Club’s election, to either repaying to any members the membership fees paid or providing the relevant services to the member or members again.

9.3. The Club will not be liable for any failure or delay in providing any membership benefits.

9.4. The Club will have no liability for any loss to the extent that is caused by any member (for example through negligence or breach of contract) and members must also take reasonable steps to minimise any loss.

9.5. Subject to clause 9.2, the Club and any of its officers, employees or agents are not liable for any loss or claim of any kind (including without limitation, consequential or economic loss or loss of profits, arising under or in connection with these terms, the Club’s services and any membership of the Club). To the extent this clause refers to a person who is not a party to these Rules, the Club holds the benefit of this clause on trust for those persons.

9.6. Every member undertakes, in the event of the Club being wound up while the member is a member or within one year after the member ceases to be a member, to cover the liabilities of the Club for such amount as may be required, not exceeding $10.00.

 

10. CONTACT

10.1. For further information on the Byerley Racing Club (ACN 614 946 208) contact Kate Sadler (Managing Director) on 0408 534 855 or via email on [email protected].