2019 DIRTCAR RACING MEMBERSHIP & COMPETITION LICENSE INDEMNITY/RELEASE
(must be completed by all applicants)
I HEREBY CERTIFY that any license granted by DIRTcar RACING hereunder is granted for the sole purpose of enabling me to participate in a race, or other motorsports-related activity or event sanctioned by DIRTcar Racing and/or other activities associated therewith (collectively, “Events”) and my appearance, participation, and/or presence in, about, or enroute to or out of any Event is solely in furtherance of such Events.
I HEREBY AGREE that by signing this 2019 DIRTcar RACING Membership & Competition License Indemnity/Release (“Membership Application”) that I will abide by all rules and regulations as set forth by DIRTcar RACING, whether written or oral, as may be amended, modified, or supplemented by DIRTcar RACING from time to time in its sole discretion (collectively, “Rules and Regulations”), including, but not limited to, the following:
(1) I agree to abide by all Rules and Regulation contained in the DIRTcar RACING General Rules and Specifications,
including car specifications and safety rules (all of which are incorporated herein by reference);
(2) I agree that I shall be the sole spokesperson for myself, the car owner, and the race crew in all matters pertaining to
compliance with the rules and regulations, and I agree and understand that I am responsible for the conduct of my crew;
(3) I hereby acknowledge receipt of the Rules and Regulations and have fully read and understand them, and agree to be
bound by and fully abide by the terms and conditions thereof. I agree and understand (i) by submitting my race car for
various technical and safety inspections, I certify that the race car meets all Rules and Regulations for participation in the
Events, (ii) the burden of proof will rest upon me to show that I am in compliance with all of the Rules and Regulations,
and (iii) any violation of such Rules and Regulations may result in confiscation of illegal parts, fines, suspension, and/or
loss of points;
(4) I agree to appropriately use all required stickers, decals, and patches and I understand that failure to do so may result in loss of points and forfeiture of all money and awards for such Events;
(5) I agree that all decisions of DIRTcar RACING race officials, or track officials, regarding the interpretation andapplication of the Rules and Regulations and the scoring of positions (race day decisions), shall be non-litigable. Any disputes regarding the interpretation and application of the Rules and Regulations and the scoring of positions shall be fully and finally adjudicated by an independent “Appellate Board” to be promptly created by DIRTcar RACING, promoters, team owners, drivers, and crew members, and subject to the DIRTcar RACING Appeals Process and Regulations. I further covenant and agree that I shall not, directly or indirectly, on behalf of myself, and my (as applicable) successors, heirs, employees, employers, directors, officers, contractors, teams, team owners, crew members, officials, promoters, business partners, licensees, family members, permitted assigns, guarantors,
guardians, executors, administrators, agents, members, shareholders, representatives, attorneys, and all other related persons, entities, divisions, subsidiaries, and affiliates (collectively, “Affiliates”), sue or otherwise initiate any type of legal action against DIRTcar RACING, or a DIRTcar RACING promoter, or their respective Affiliates, to challenge such decisions, to seek monetary damages, to seek injunctive relief or other equitable relief, or to seek any other type of legal remedy. I agree that my sole and exclusive remedy is the pursuit of an appeal of the decision of the Appellate Board in this regard as set forth by the Rules and Regulations. I understand that if I sue or otherwise pursue or initiate any such legal action, which expressly violates this provision, then (i) I expressly agree to and shall reimburse DIRTcar RACING, DIRTcar RACING promoters, and/or their Affiliates, for all of their attorneys’ fees and costs in defending against such legal action, and (ii) any suspension I am under at the commencement of such legal action will be extended for the length of time such legal action was in violation of this provision, such extended
suspension time to begin after such legal action has been fully dismissed;
(6) I hereby irrevocably grant and assign to DIRTcar RACING, DIRTcar RACING promoters, and each of their respective sponsors and Affiliates the non-exclusive rights and authority to use my name, nickname, initials, likeness, images, pictures, stills, photographs, animation, persona, autograph/signature (including facsimiles thereof), voice, biographical information,
copyrights, and/or any and all other identifying characteristics, including the image of my vehicle, whether portrayed in still or action pictures, drawings, or other artistic renderings, in connection with my participation in Events and for any and all uses or purposes that publicize and promote DIRTcar RACING or any of its Affiliates in any way in any and all media or formats.
(7) I further understand that there is no express or implied warranty of safety resulting from publication or compliance
with the Rules and Regulations, and that they are intended merely as a guide and are minimum requirements for the conduct of the sport and are in no way a guarantee against injury or death to participants, spectators, or others;
(8) I understand that I am neither an agent nor employee nor independent contractor of DIRTcar RACING or any DIRTcar RACING sanctioned race track. Further, I understand that I am solely responsible for compensating my employees, independent contractors, agents and pit crew members. I also assume full responsibility for reporting or filing any reports or tax returns with the appropriate authorities on any and all earnings or funds received as a result of my participation in Events, including, but not limited to, Federal Social Security taxes, Federal income taxes, State income taxes, Federal and State withholding taxes, unemployment taxes, and all applicable labor and other requirements with respect to my selfemployment, sole proprietorship, or other form of business organization, and workers compensation insurance. I agree to indemnify, defend, and hold DIRTcar RACING and its Affiliates harmless from any liability for, or assessment of, any claims or penalties, including attorneys’ fees incurred, with respect to any tax liability, including labor or employment taxes, imposed on DIRTcar RACING by the relevant taxing authorities with respect to any compensation paid to me by DIRTcar RACING;
The undersigned acknowledges that the Events are inherently and abnormally dangerous activities which carry with them significant risk of severe and permanent personal injury, bodily injury, medical problems, including those that may develop many months or years later, emotional distress, mental or physical illness, loss of consortium, property damage or loss, irreversible neurological trauma, disability, and/or death. I also understand that there are natural, mechanical, and environmental conditions and risks, which independently or in combination with such activities, may cause property damages or severe or even fatal injuries to me or others. I, with full knowledge of and having evaluated such risks, nonetheless have made a voluntary choice to participate in such Events and to enter into this Membership Application. I agree to accept all responsibility for the inherent and extraordinary risks, conditions and hazards which may occur whether or not they are known or contemplated by me. I hereby expressly assume all such risk, and accept sole responsibility for the safety and medical insurance costs in connection therewith. I, on behalf of myself and my Affiliates, hereby irrevocably waive, release, forever discharge, indemnify, and hold harmless DIRTcar RACING, DIRTcar Racing promoters, the owners and lessees of premises on which Events are presented, and each of their respective sponsors and Affiliates from and against any and all claims, actions, suits, costs, liabilities, judgments, obligations, losses, injuries, penalties, expenses or damages (including, without limitation, legal fees and expenses) of whatsoever kind or nature (“Claims”) imposed on, incurred by or asserted against any of the foregoing arising from or related to my preparation for, travel for, and participation and appearance in any Event(s) or as otherwise related to this Membership Application and I hereby irrevocably covenant and agree not to sue the foregoing for any matters released hereby, any Claims, including, but not limited to, injury, illness, damage, loss, or harm to myself or my property, or my death or disability howsoever cause resulting from or arising out of or in connection with my preparation for, travel for, participation and appearance in any Event(s). I verify that I am in good health and have no conditions that would impact my participation in the Events and further agree that no oral or third party representations, statements or inducements have been made by DIRTcar RACING or its Affiliates. Defined Terms used herein but not defined shall have the meaning set forth in DIRTcar RACING’s applicable rule book.