McLAREN AUTOMOTIVE EVENTS LIMITED
CORPORATE EVENT PROGRAMMES - TERMS AND CONDITIONS OF SALE
1. DEFINITIONS
“Event Programme” means one or more McLaren Automotive Events Limited event(s);
“Force Majeure” means all unforeseeable and unavoidable events beyond the reasonable control of the party affected, which prevent or delay in total or in part the carrying out of its obligations, including (but not limited to) pandemic, epidemic, war, fire, floods, accidents, civil disturbance, acts of government, governmental regulations, strike, lock-out, labour disputes, transportation difficulties, insurrection, earthquake, riot, adverse weather.
“we / our / us” means McLaren Automotive Events Limited;
“you / your” means the legal entity, company, firm or other business organisation purchasing the Event Programme for business, hospitality, promotional, client entertainment, internal or other commercial purposes and not as a consumer; and
“Participant” means each individual attending, accessing or participating in, or otherwise present at or in connection with, an Event Programme pursuant to or in connection with your booking, including any guest, invitee, employee, officer, staff member, contractor, agent, client or customer nominated, authorised or invited by you.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. We are McLaren Automotive Events Limited, a company registered in England and Wales. Our company registration number is 09797945 and our registered office is at McLaren Technology Centre, Chertsey Road, Woking, Surrey GU21 4YH. Our UK VAT number is 238 5747 72.
2.2. You can contact us by writing to us by email at [email protected] or by post at McLaren Automotive Events Limited, McLaren Experience Events Team, McLaren Technology Centre, Chertsey Road, Woking, Surrey GU21 4YH.
3. HOW WE MAY CONTACT YOU
3.1. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provide to us in your booking.
4. OUR CONTRACT WITH YOU
4.1. Our acceptance of your booking will take place when we contact you to confirm acceptance of your booking for the Event Programme, at which point a contract will come into existence.
4.2. If we are unable to accept your booking, we will inform you of this and will not charge you for the Event Programme.
4.3. The quantity and description of the Event Programme shall be as set out, or referred to, in our brochures, on our website or in your booking.
4.4. The descriptions and images contained in our brochures, price lists, websites and other leaflets produced by us or on our behalf are for illustrative purposes only and are not binding on us.
4.5. You are not permitted to assign or transfer your booking (or any part of your booking) to any other person without the prior written consent of McLaren.
5. THE EVENT PROGRAMME
5.1. Purchase of the Event Programme entitles you, and each Participant you have purchased the Event Programme on behalf of, the right to participate in that Event Programme only for your internal business, hospitality, promotional, client entertainment or other commercial purposes and subject to the contract. We may sell and you may purchase additional events, or services, which shall be governed by these terms. Such additional events or services shall be charged at the price set out on the relevant booking for such additional events or services. Any additional activity, activation, performance, demonstration, stunt, display, setup, installation, catering, entertainment, contractor, subcontractor, supplier, equipment, prop or other element brought in, arranged, requested, introduced, invited or procured by or on behalf of you, any Participant, guest, other attendee or third party is outside McLaren’s scope unless expressly agreed by McLaren in writing.
5.2. With our prior written consent, you may, at your own cost, invite Participants, guests or other attendees to the Event Programme, provided that you remain responsible for them and for their compliance with this contract. You must notify us sufficiently in advance of any additional activity, activation, branding, installation, display, demonstration, use of space or facility, or any contractor, subcontractor, supplier, performer, athlete, rider or other third party you wish to bring to, arrange for or introduce to the Event Programme. Unless McLaren expressly agrees otherwise in writing, you shall, at your own cost, be solely responsible for obtaining and complying with all approvals, licences, consents and permissions required in respect of the same, and for ensuring that any such third party maintains appropriate insurance and complies with all applicable laws, venue rules and our requirements. You must also notify us in advance of any high-net-worth individual, VIP, principal or other attendee requiring enhanced security or special arrangements and, unless McLaren expressly agrees otherwise in writing, you shall be responsible at your own cost for arranging and coordinating any additional personal security or similar. We may refuse, prohibit, suspend, remove or require modification of any such attendance, activity, setup, use of space or security arrangement where, in our reasonable opinion, it is unsafe, non-compliant, unapproved, outside the agreed scope, not notified to us sufficiently in advance.
5.3. You shall, and shall ensure that each Participant, guest, other attendee and any contractor, subcontractor, supplier, or other third party connected with your booking or introduced by or on your behalf shall:
5.3.1. attend, access and participate in the Event Programme only in accordance with this contract and within McLaren’s agreed scope, and provide any information or documentation reasonably required by McLaren;
5.3.2. comply with all applicable Event Programme, venue, health and safety, operational and security requirements and all lawful instructions given by McLaren, the venue or event staff;
5.3.3. where you or they bring in or arrange any additional activity, activation, equipment, installation, performer, athlete, rider, stunt, contractor or other element outside McLaren’s agreed scope, be solely responsible at your cost for all related risk assessments, RAMS, method statements, supervision, safety measures, competent personnel, legal compliance and required venue or third-party approvals, and provide relevant documents to McLaren on request; and
5.3.4. maintain, and where applicable ensure that relevant third parties maintain, with reputable insurers and at the appropriate levels, public liability insurance, employers’ liability insurance, professional indemnity insurance where appropriate, and any other insurance that a prudent business would maintain in connection with the risks arising under or in connection with these terms, the Event Programme and any vehicle, activity or third-party element connected with your booking, and, as and when reasonably required by McLaren, provide copies of the relevant insurance certificates and written confirmation that premiums have been paid when due and the policies remain in force, failing which McLaren may refuse attendance, access, setup, participation or activity.
5.4. Unless otherwise stated in our brochure or on our website, you must ensure that each Participant and any guest or other attendee connected with your booking is over eighteen (18) years of age, holds a full and valid driving licence where required and satisfies all age, driving licence, medical, fitness, behavioural, safety, technical and other eligibility criteria and participation requirements applicable to the Event Programme or any activity forming part of it.
5.5. By purchasing the Event Programme, you acknowledge and agree that attendance at and participation in the Event Programme by any Participant or other attendee connected with your booking is voluntary. You must ensure that each such person is informed and acknowledges that partaking in the Event Programme and driving in high performance vehicles may be hazardous and may expose them to risk of damage, loss or personal injury. You acknowledge that any insurance carried by us and/or any event location organiser in respect of any liability which might arise out of the Event Programme will be limited and that you and each Participant’s motor, third party and public liability insurance (if any) is unlikely to cover losses, liabilities or personal injury.
5.6. You shall be responsible for, and liable for the acts, omissions, defaults and breaches of, each Participant, guest, other attendee, contractor, subcontractor, supplier, and other third party connected with your booking or introduced by or on behalf of you as if they were your own. We may at our discretion or where reasonably necessary for safety, security, operational, venue or compliance reasons refuse admission to, refuse entry or access to, remove, suspend, stop, require modification of, disqualify, prevent participation by or exclude any Participant, attendee, activity, activation, contractor, subcontractor, supplier, equipment or other element which does not comply with the contract or which we reasonably consider unsuitable, unsafe, insufficiently documented, non-compliant, unapproved, outside the agreed scope, disruptive or incompatible with venue or site rules, without liability to us and without refund or compensation except as expressly stated in the contract or required by law. The parties shall cooperate in relation to any accident, incident, near miss, property damage, personal injury, death, security issue, safety issue, insurance matter, venue matter, regulatory matter, claim, complaint or investigation connected with the Event Programme. You shall notify us promptly of any such matter involving any Participant, guest, other attendee, contractor, subcontractor, supplier, equipment, property or additional activity connected with your booking or introduced by or on behalf of you, preserve and provide all relevant information, incident details, witness details, photographs, footage, reports, statements and other documentation reasonably requested by us, and provide all reasonable cooperation in connection with any investigation, insurer process, venue process, regulatory process or legal proceedings. Each party remains responsible for its own acts, omissions, negligence and breaches of contract, but where any such matter arises from or in connection with any additional activity, activation, equipment, contractor, service, installation or third-party element brought by or on behalf of you and outside McLaren’s agreed scope, responsibility under the contract shall sit with you and/or the relevant third party to the extent caused by or connected with that element, except to the extent caused by McLaren’s negligence, breach of contract or other liability which cannot lawfully be excluded or restricted. Subject to clause 10 and except to the extent prohibited by law, you shall indemnify us and our employees against any injury, loss, damage and costs and expenses (including legal costs and expenses) arising out of any claim made against us by anyone to the extent attributable, directly or indirectly, to any act, omission, default, breach, attendance or participation of you or any Participant, guest, other attendee, contractor, subcontractor, supplier, or other third party connected with your booking or introduced by or on behalf of you.
5.7. You must ensure and procure that each Participant and any guest or other attendee connected with your booking signs and delivers to McLaren before attendance or participation our standard release & waiver form and any other release, waiver, assumption of risk, confidentiality undertaking, image consent, indemnity, declaration, acknowledgement or other participation documentation required by McLaren, and no such person may participate in any part of the Event Programme unless all required documentation has been signed and provided to McLaren’s satisfaction.
5.8. You must ensure that each Participant and any guest or other attendee connected with your booking is notified that we may photograph, film and sound record the Event Programme and such persons, and that any necessary permissions or consents applicable to that notification are obtained, and we may use such photographs and/or recordings for promotional, archival, internal and commercial purposes in accordance with these terms and our privacy policy. Neither you nor any Participant, guest or other attendee may, without our prior written approval, create, commission, use, publish, distribute, broadcast, stream, display, exploit or permit the use of any photographs, films, video, audio recordings, live streams, drone footage, social media posts, promotional materials, press releases or other imagery or content relating to the Event Programme, the venue, vehicles, drivers, personnel, branding, facilities or any McLaren group company, or use any McLaren names, logos, trademarks, trade dress, get-up, branding or other brand assets, or imply any endorsement by any McLaren group company. Any branding, signage, display, installation, demonstration, promotional material, filming setup or use of space or facility requested by or on behalf of you and outside McLaren’s contracted scope is subject to McLaren’s prior written approval and to all required third-party approvals, licences, consents and permissions, which, unless McLaren expressly agrees otherwise in writing, you shall obtain and comply with at your own cost.
6. PRICE
6.1. The price of the Event Programme (which excludes VAT) will be the price displayed on our website or in our brochure unless we have agreed another price with you in writing. We do our best to ensure that the prices of the Event Programmes advertised to you are correct. However, please see Clause 6.3 below for what happens if we discover any error in the price of the Event Programme you booking.
6.2. If the rate of VAT changes between your booking date and the date we provide the Event Programme, we will adjust the rate of VAT you pay, unless you have already paid for the Event Programme in full before the change in the rate of VAT takes effect.
6.3. It is possible that, despite our best efforts, some of the Event Programmes we offer for purchase may be incorrectly priced. We will usually check prices before accepting your booking so that where the correct price of the Event Programme at your booking date is less than our stated price at your booking date, we will charge you the lower amount. If the correct price of the Event Programme at your booking date is higher than the price stated, we will contact you for your instructions before we accept your booking . If we accept and process your booking where a pricing error is obvious and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and refuse attendance at or participation in the Event Programme by any Participants, guests or other attendees connected with your booking.
6.4. We will invoice you for the balance of the price for the Event Programme following acceptance of your booking. You must pay each invoice within seven (7) calendar days after the date of the invoice. Any cancellation charges, bank charges, irrecoverable third-party costs, committed costs or other sums payable by you under Clause 7 or otherwise under these terms shall be due immediately on demand.
6.5. If you do not pay any invoice or other sum payable by you under these terms in accordance with Clause 6.4 above, we may charge interest to you on the overdue amount at the rate of 4% (four percent) per year above the base rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest with any overdue amount.
6.6. If you think we have made an error on our invoice, please contact us promptly to let us know. You will not be charged any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
7. CANCELLATION POLICY
7.1. If you terminate the contract for one of the reasons set out in Clauses 7.1.1, 7.1.2 or 7.1.4 below, the contract will end immediately and we will refund you in full for any part of the Event Programme which has not been provided. If you terminate the contract under Clause 7.1.3, Clause 7.2 shall apply. The relevant reasons are as follows:
7.1.1. we have told you about a substantial change to the Event Programme or these terms which you do not agree to;
7.1.2. we have told you about a significant error in the price or description of the Event Programme you have booked and you do not wish to proceed;
7.1.3. there is a risk the Event Programme (or part of it) may be significantly delayed because of an event of Force Majeure and we have notified you of this; or
7.1.4. we suspend the Event Programme (or part of it) for technical reasons, or notify you we are going to suspend it for technical reasons and in each case for a significant period of time.
7.2. If you wish to cancel your booking because of a pandemic or epidemic, any non-refundable deposit shall remain non-refundable and non-creditable unless we expressly agree otherwise in writing. We may also retain any bank charges and any irrecoverable third-party costs or other committed costs reasonably incurred by us in connection with the Event Programme. Subject to the foregoing, and unless we expressly agree otherwise in writing, you will be entitled only to a refund of any balance of sums paid by you to us after those deductions in the following situations:
7.2.1. the government of the country in which the event is due to take place enforces a lockdown in that country over the period of the event due to the pandemic or epidemic; or
7.2.2. the government of the country in which the event is due to take place prohibits all but essential travel from the relevant departure country of any Participants or other attendees under your booking to the Event Programme due to the pandemic or epidemic.
Please note, you must ensure that all Participants and other attendees under your booking have read and understood the destination country’s travel and entry requirements. If travel to the destination country is possible, but any Participant or other attendee under your booking is unable to travel due to inadequate or missing documentation or certifications, you will not be entitled to a refund.
7.3. If you cancel your booking for reasons other than as set out above, the contract will end immediately. Fifty per cent (50%) of the total charges for your booking shall be payable on signing and shall be non-refundable and non-creditable unless we expressly agree otherwise in writing. If you cancel:
7.3.1. more than five (5) months before the start of the Event Programme, we may retain that fifty per cent (50%) and shall refund any balance of sums paid only after deduction of any bank charges payable by McLaren and any irrecoverable third-party costs or other committed costs reasonably incurred by us;
7.3.2. within five (5) months of the start of the Event Programme, you shall pay seventy-five per cent (75%) of the total charges for your booking;
7.3.3. within one hundred and twenty (120) days of the start of the Event Programme, or in the event of non-attendance by you or any Participant or other attendee under your booking, you shall pay one hundred per cent (100%) of the total charges for your booking and no refund shall be due; and
7.3.4. Any sums already paid may be retained and applied against the applicable cancellation charges. If the sums already paid are less than the applicable cancellation charges, you must pay the shortfall immediately on demand. We may, at our sole discretion, agree in writing to apply any prepayments as a credit to a rescheduled or alternative booking.
7.4. We may end the contract with you at any time by informing you in writing if you, any Participant, guest or other attendee under your booking, or any contractor, subcontractor, supplier, or other third party engaged, introduced, invited or brought by or on your behalf in connection with the Event Programme, breach any obligation in the contract, including, but not limited to, if you:
7.4.1. do not make any payment due and you still do not make payment within seven (7) days of us reminding you that payment is due;
7.4.2. do not, within a reasonable time of us asking for it, provide us with information or documentation that is necessary for us to provide the Event Programme or to assess, approve or manage any additional activity, activation, contractor, subcontractor, supplier, or other third-party element connected with your booking, including any relevant risk assessments, RAMS, method statements, licences, consents, approvals or insurance evidence reasonably satisfactory to us; or
7.4.3. you, any Participant, guest or other attendee under your booking, or any contractor, subcontractor, supplier, or other third party engaged, introduced, invited or brought by or on your behalf in connection with the Event Programme, breach any obligation set out in Clauses 5.2, 5.3, 5.4, 5.5 and 5.6 above.
In such circumstances, we have the right to determine whether to refund you any money you have paid in advance for any part of the Event Programme we have not provided, excluding any non-refundable deposit, but we may deduct reasonable compensation, including any irrecoverable third-party costs, committed costs, bank charges and any costs, losses or liabilities we incur as a result of your breach of the contract or any act or omission of any Participant, guest or other attendee under your booking, or any contractor, subcontractor, supplier, or other third party engaged, introduced, invited or brought by or on your behalf in connection with the Event Programme.
7.5. If we cancel the Event Programme at any time for any reason other than set out in Clause 7.4 or 8.3, the contract will end immediately and we will refund you in full for any costs paid directly by you to McLaren as part of the Event Programme, including any deposit, if applicable.
8. PROVIDING THE EVENT PROGRAMME
8.1. The Event Programme will take place on the date(s) set out in your booking.
8.2. We may change, suspend, refuse, stop, remove and/or require modification of the Event Programme or any part of it to:
8.2.1. reflect a change in relevant laws and/or regulatory requirements;
8.2.2. implement minor technical adjustments and/or improvements; or
8.2.3. reflect any changes to the Event Programme as requested by you or notified by us to you, including where we reasonably consider it necessary to prohibit, refuse, suspend, remove, stop or require modification of any additional activity, activation or use of any space or facility which is unsafe, insufficiently documented, non-compliant, outside the agreed scope, disruptive, incompatible with venue or site rules or otherwise unsuitable for the Event Programme.
8.3. In the event that we are unable to supply the Event Programme to you in accordance with these terms or such supply is cancelled or disrupted in any way, we shall not be liable to the extent that such failure to supply is due to an event of Force Majeure. If the performance of the Event Programme (or any part of the Event Programme) is affected in accordance with this Clause then we will contact you as soon as possible to let you know.
8.4. We may require to provide, in good time before the Event Programme, any information, documents, approvals, consents, risk assessments, RAMS, method statements, safety documents, insurance details and other materials we reasonably require in connection with the Event Programme, any Participant, guest, other attendee, third party connected with your booking, and any additional activity, activation, equipment, property or use of requested, arranged or introduced by or on your behalf. Unless we expressly agree otherwise in writing, you are solely responsible, at your own cost, for obtaining and complying with all related approvals, licences, consents and permissions, and for ensuring that any such third party maintains appropriate insurance. Those obligations are in addition to your own insurance obligations. You must carry out reasonable checks before the Event Programme to verify that any such third party has the required insurance in place and, on request, provide us with certificates of insurance or other evidence of cover satisfactory to us. Any third-party performer, athlete, rider, stunt or similar activity introduced by or on your behalf shall be at your risk and responsibility unless we expressly agree in writing to contract for it ourselves. If you fail to provide any requested information or documents within a reasonable time, or if they are incomplete, inaccurate or unsatisfactory, we may refuse or withdraw approval, attendance, access, setup, participation or use of any relevant person, activity, equipment, property or space, prohibit, remove, stop, suspend or require modification of any such additional activity, and/or charge you a reasonable sum for any resulting additional work. We shall not be responsible for any delay, non-performance or inability to provide the Event Programme, or any part of it, to the extent caused by such failure or by any approval, licence, consent or permission not being obtained, being refused, delayed, withdrawn or made subject to conditions.
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1. Subject to Clause 9.2, if we fail to comply with these terms, our total aggregate liability to you arising under or in connection with these terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total price paid by you under the relevant booking, and we shall be liable only for loss or damage suffered by you that is a direct and reasonably foreseeable result of our breach. We shall not be liable for any indirect, consequential or unforeseeable loss, or for any loss arising from any act or omission of any Participant, guest, other attendee, contractor, subcontractor, supplier, or other third party engaged, introduced, invited or brought by or on behalf of you, or from any additional activity, activation, performance, demonstration, stunt, display, installation, setup, vehicle, equipment, property or service brought to, supplied for or used at the Event Programme by or on behalf of you. You shall remain responsible for all such persons and elements connected with your booking, and the parties shall cooperate in relation to any accident, incident, claim or investigation.
9.2. Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited.
10. DATA PROTECTION
10.1. Where you provide us with personal information relating to any Participant, guest, other attendee, contractor, subcontractor, supplier, or other individual in connection with the Event Programme, you warrant, represent and undertake that, before doing so, you have all necessary rights and lawful bases to collect, use and disclose that personal information to us, have provided all necessary privacy information to the relevant individuals, and have obtained any necessary consents, permissions and authorisations, in each case for the purposes set out in this Clause 10. We may use such personal information to:
10.1.1. administer, supply and manage the Event Programme, including for safety, security, operational, logistical, incident management and compliance purposes;
10.1.2. process payment for the Event Programme and deal with related administration, insurance, incident and legal matters; and
10.1.3. where lawful, send you and relevant individuals invitations, news, marketing communications and information regarding our current and future product range and services that may be of interest in connection with the Event Programme and related business purposes.
10.2. You are responsible for the accuracy, completeness and currency of any personal information you provide to us and for notifying us of any relevant changes. We will limit access to and use of personal information to those of our employees, group companies and suppliers who reasonably require it for the purposes of the Event Programme, related business operations and, where lawful, marketing or other services, including safety, security, insurance, incident management, compliance and legal matters. We may also make personal information available to legal and regulatory authorities, our associated companies, selected business partners (including our authorised dealers and authorised repairers in the relevant local region or country), professional advisers, insurers, venues, operators and other third parties involved in administering the Event Programme, investigating any incident or providing related services. We will process personal information in accordance with our privacy policy, a copy of which is available upon request or on our website https://cars.mclaren.com/gl_en/privacy-policy.
10.3. You and each consenting Participant, guest, other attendee, contractor, subcontractor, supplier, or other third party connected with your booking should contact us if you or they have any questions or concerns about how we will use and store yours or their personal information, if any such information changes, or if you or they wish to exercise any applicable rights in relation to that personal information. If at any time you or each consenting Participant no longer wishes to receive such communications from us, you or they should contact us in writing at [email protected].
11. INTELLECTUAL PROPERTY RIGHTS AND PUBLICITY
11.1. All intellectual property rights in the Event Programme shall belong to us and/or our licensor (as the case may be).
11.2. You must not, and must ensure that no Participant, guest, other attendee, contractor, subcontractor, supplier, or other third party connected with your booking shall, without our prior written consent, do any of the following:
11.2.1. use our name, logo, trademarks, branding, trade dress, get-up or any other of our intellectual property rights;
11.2.2. use the name, logo, trademarks, branding or any other intellectual property rights of any of our authorised partners or sponsors; or
11.2.3. create, commission, use, publish, distribute, broadcast, stream, display, exploit or permit the use of any photographs, films, video, audio recordings, live streams, drone footage, social media posts, promotional materials, press releases or other imagery or content relating to the Event Programme, any venue, any vehicle, any driver, any personnel, any branding, any facilities, us or any of our associated companies, or imply any endorsement by us or any of our associated companies.
11.3. You must not, and must ensure that no Participant, guest, other attendee, contractor, subcontractor, supplier, or other third party connected with your booking shall, without our prior written consent, make any public announcement, press release or other external communication relating to the Event Programme or use the Event Programme for publicity, promotional or marketing purposes. You must not, and must ensure that no such person shall, make any adverse comments (oral or written, including statements made on social networking sites such as Twitter and Facebook) about the Event Programme, us or our associated companies or our respective sponsors or employees which may bring any of them into disrepute.
11.4. We and our associated companies may photograph, film and record the Event Programme and any Participant, guest, other attendee, contractor, subcontractor, supplier, or other third party connected with your booking and may use such materials in any and all media for promotional, archival, internal and commercial purposes, subject to clause 10 and our privacy policy. You must ensure that all such individuals are informed of this and that any necessary permissions are obtained. If at any time you or such individuals do not consent to the use of images (still or moving), please contact us in writing at [email protected]
12. OTHER IMPORTANT TERMS
12.1. We may transfer our rights and obligations under these terms to another organisation.
12.2. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.3. Each paragraph of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.4. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Event Programme, we can still require you to make the payment at a later date.
12.5. These terms are governed by English law and any contractual or non-contractual disputes arising out of or in connection with these terms or the Event Programme shall be subject to the exclusive jurisdiction of the English courts.