IHRA MEDIA CREDENTIAL TERMS AND CONDITIONS

Microsoft Word - IHRA Media Credential Terms and Conditions KMK Draft 6-27-25(14652075.2)

Revised 7.3.2025

These Media Credential Terms and Conditions (“Media Terms and Conditions”) are a legally binding agreement between you (“Media Member”) and Cuttell Motorsports, LLC, dba IHRA (“IHRA”), and, as applicable, its subsidiaries, affiliates, and related entities (“Affiliates”).

1. ACCEPTANCE OF TERMS

From time to time, IHRA grants Media Members limited access to IHRA Events (as defined herein) in the form of press passes or other credentials (each a “Media Credential”). By accepting a Media Credential, Media Member acknowledges they have read, understood, and agree to be bound by the terms and conditions set forth herein and understands they are knowingly and voluntarily waiving certain legal rights. These Media Terms and Conditions apply to any and all IHRA events or related activities, including, without limitation, drag racing series, drag races, and drag racing competitions (each an “IHRA Event”).

2. IHRA RULES

These Media Terms and Conditions are subject and subordinate to and limited by all applicable IHRA Rules. “IHRA Rules” means (i) the rules, regulations, memoranda, resolutions, policies, procedures, guidelines, interpretations, and directives of IHRA; and (ii) any other agreements and arrangements to which IHRA is (or after the date hereof may become) subject or by which IHRA or its assets are (or after the date hereof may become) bound, in each case, as they may be adopted, amended, or modified from time to time, including, without limitation, IHRA’s Media Distribution Agreements (collectively, the “IHRA Rules”). The IHRA Rules are subject to revision by IHRA in its sole and absolute discretion at such times as may be deemed necessary by IHRA. In the event of any conflict or inconsistency between these Media Terms and Conditions and the provisions of any IHRA Rule, such IHRA Rule shall govern. Media Member agrees to comply with all applicable IHRA Rules and will not commit any act or omission that conflicts with the IHRA Rules.

3. ELIGIBILITY; TRANSFERABILITY; REVOCATION

IHRA reserves sole discretion to grant Media Credentials. Each Media Credential is personal to the Media Member to whom it is granted and is strictly non-transferrable. Media Member may not assign, sell, loan, or otherwise transfer a Media Credential to any other individual or entity. The grant of a Media Credential by IHRA to a Media Member creates no economic, proprietary, or other legally recognized interest in the Media Member. IHRA retains the right to revoke a Media Credential at any time, with or without cause, in its reasonable discretion. Reasons for revocation may include, but are not limited to (i) breach of these Media Terms and Conditions; (ii) breach of any other IHRA Rule; and (iii) any conduct by the Media Member that IHRA deems to be detrimental to the integrity, reputation, or operations of IHRA or any IHRA Event.

4. IHRA EVENT ACCESS

Media Member shall display their Media Credential at all times while attending an IHRA Event and consents to the reasonable inspection of his or her person and property before entering the IHRA Event. During the IHRA Event, Media Member shall, at all times, adhere to the policies in place for such IHRA Event, as well as any access limitations and direction provided by IHRA and its Affiliates.

5. IHRA MEDIA RIGHTS

IHRA owns and retains exclusive media rights, including, without limitation, television broadcast, cable, audio, home video, Internet, or such other recordings, tangible expressions, webcasts, accounts, or descriptions, now known or hereafter devised to each IHRA Event. Each Media Credential confers on the Media Member a limited, non-exclusive, and non-transferable license to lawfully acquire information at the IHRA Event, including, without limitation, photographs, video recordings, or audio recordings, so long as the information is used only for objective news coverage of, or magazines or stories about, the IHRA Event. The use of any account, description, picture, photograph, video, audio, reproduction, or other information obtained at an IHRA Event other than for objective news coverage of, or magazine or stories about, the IHRA Event is prohibited without prior written consent of IHRA or as specifically licensed herein.

6. LIVE STREAMING

Live video coverage, real-time transmission of streaming video, digital images, and/or real-time audio (“Live Streaming”) of IHRA Events is strictly prohibited. Media Member may not broadcast, telecast, film, record, transmit, display, or otherwise distribute, or allow any other party to distribute, footage or content from an IHRA Event, including by Live Streaming.

7. MEDIA MATERIALS

In exchange for Media Member’s access to IHRA Event(s) granted by the Media Credential, Media Member hereby grants to IHRA a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, display, distribute, and sublicense any and all published or unpublished content created in connection with the Media Credential or the IHRA Event(s), including, without limitation, photographs, video, audio, or written content (collectively, the “Media Materials”), in any medium now known or hereafter devised. For clarity, IHRA may exercise this license at any time upon request and without the need for additional payment or approval. Media Member shall not use any Media Materials in any commercial manner unrelated to objective editorial coverage without obtaining IHRA’s prior written consent, which may be withheld in its sole discretion.

8. INTELLECTUAL PROPERTY RIGHTS

Media Member acknowledges and agrees that IHRA exclusively and in perpetuity owns and controls any and all rights to videotape, broadcast, telecast, film, exhibit, distribute, photograph, exploit, record, print, or otherwise reproduce, and any and all rights to authorize others to do so, any film, audio, depiction, audiovisual, video, image, statistic, data (of any kind), photo, or sound arising from, related to, any IHRA Event (the “Works”) in any manner whatsoever, alone or in composite and/or conjunction with other materials, in any and all media, whether now known or hereafter devised (“Media”), in or by any manner, method, or device (whether now known or hereafter devised), and all other rights, privileges, benefits, matters, and things incident to or arising out of all or any of the foregoing, including, without limitation, for any and all commercial purposes, including for purposes of advertising and promoting IHRA.

9. USE OF IHRA MARKS

Media Member shall have no right to use any of the IHRA Marks (as defined below) for any purpose whatsoever except as expressly stated herein. For the purposes of these Media Terms and Conditions, “IHRA Marks” means the logos, trademarks, and other indicia of origin owned by IHRA and its Affiliates, including the IHRA Event(s) name and logo and any indicia adopted for commercial purposes by IHRA or any of its Affiliates. Notwithstanding the foregoing, by extending a Media Credential to Media Member, IHRA grants to Media Member a limited, non-exclusive, non-transferable, revocable right and license to use the IHRA Marks solely in Media Member’s objective news coverage of, or editorial content about, the IHRA Event; provided, however, that the Media Member shall not use any of the IHRA Marks for any purpose other than for objective news coverage of, or editorial content about, the IHRA Event without the prior written approval of the Releasees, such approval to be granted or withheld in the Releasees’ sole discretion. Media Member acknowledges and agrees that all right, title, and interest in and to the IHRA Marks belong to IHRA. Media Member agrees that the IHRA Marks possess a special, unique, and extraordinary character that makes the assessment of the monetary damages that would be sustained by their unauthorized use difficult. Notwithstanding anything to the contrary herein, unauthorized use of any IHRA Marks would cause irreparable injury, and injunctive and other equitable relief from a court of competent jurisdiction would be appropriate in such an event. Such remedy shall not be exclusive of other legal remedies. Media Member recognizes that the great value and goodwill associated with the IHRA Marks belong to IHRA and that such marks have acquired secondary meaning. A Media Credential does not grant the Media Member rights to use any other third-party trademarks, copyrights, or other intellectual property. Media Members are responsible for obtaining all necessary licenses, consents, and releases authorizing the use of a third party’s proprietary material included in any Media Materials obtained at an IHRA Event.

10. USE OF NAME, IMAGE, & LIKENESS

If the name, image, voice, written statement, and/or visual likeness (collectively, the “Likeness”) of Media Member is included in any broadcast, telecast, photograph, print, film, video, or other media taken in connection with an IHRA Event, Media Member grants to IHRA, its Affiliates, designees, and assigns the exclusive, transferable, perpetual right and license to use (and to sub-license the use of) such Likeness for any purpose in any media worldwide whether now known or hereafter devised.

11. CODE OF CONDUCT

Media Members are expected to conduct themselves in a respectful and professional manner at all IHRA Events. Media Member represents that he or she is acting on a specific assignment for a newspaper, media agency, other press, news, or photographic service, or as a freelance journalist on assignment specifically for IHRA; provided, however, any freelance Media Member shall, upon request of IHRA, submit proof of assignment. A Media Member who is deemed by IHRA to be exhibiting inappropriate behavior or disrupting the ability of other Media Members to perform their services may have their Media Credential revoked.

12. ASSUMPTION OF RISK

Media Member assumes all risks and danger incidental to the performance by Media Member of Media Member’s services in connection with the use of a Media Credential at an IHRA Event and assumes all risks and danger incidental to drag racing, as well as any risk or danger reasonably foreseeable while attending an IHRA Event, including, but not limited to, concussion, serious injury, death or permanent disability, contact or collision with other persons, vehicles, or objects, head injury, spine injury, injury to the muscular or skeletal systems, injury to internal organs, scratches, bruises, contusions, strains, sprains, fractures, verbal abuse, loss and/or damage to sight, loss and/or damage to teeth, loss and/or damage to hearing, paralysis, inadequate or negligent first aid or emergency measures, weather-related hazards, and natural hazards. The foregoing risks may arise from, among other things, high-speed driving, collisions, mechanical failures, track conditions, and the actions of the drivers. Media Member acknowledges and agrees that he or she is voluntarily participating in such activities or attending such IHRA Event(s) with the knowledge of the dangers involved and agrees to assume and accept all risks of such participation or attendance.

13. RELEASE OF LIABILITY; INDEMNIFICATION

In exchange for a Media Credential, Media Member, on behalf of themselves and each of the other Releasors (as defined below), hereby releases and agrees not to sue IHRA, any drag racing track or facility designated as an IHRA “Member Track” or “Track Partner” (collectively, the “Member Tracks”), any Affiliate, and each of the employees, officers, directors, direct and indirect owners, subcontractors, sponsors, business partners and agents of each of the foregoing entities, and all other participants, operators, vendors, agencies, sponsors, advertisers, and owners and lessees of premises used in connection with or related to Media Member’s use of a Media Credential or attendance at an IHRA Event (collectively, the “Releasees”) from or for, as applicable, all present and future liabilities, claims, and causes of action of any kind, whether at law or in equity, that may be made by Media Member or the Media Member’s family, estate, heirs, or assigns (collectively, the “Releasors”) arising in any way as a result of or in connection with Media Member’s attendance at an IHRA Event or associated activities, participation in an IHRA Event or associated activities, including but not limited to actions for property damage, personal injury, or wrongful death.

Media Member understands and agrees that the Releasees are not responsible for any death, injury, or property damage arising out of attendance at an IHRA Event, EVEN IF CAUSED BY THEIR OWN NEGLIGENCE. Media Member also agrees to defend, indemnify, and hold harmless Releasees for all liabilities, claims, damages, causes of action, costs, and expenses of any kind arising out of or in connection with Media Member’s attendance at an IHRA Event or any and all related activities. Media Member understands that this release and indemnification is intended to be as broad and inclusive as permitted by the laws in which the event or activity is taking place and agrees that if any portion of these Media Terms and Conditions is invalid, the remainder will continue in full force and legal effect.

14. TERMINATION & MODIFICATIONS

IHRA reserves the right to modify, suspend, or terminate these Media Terms and Conditions, or any aspect thereof, at any time. Media Members will be notified of significant changes.

15. SEVERABILITY; ENTIRE AGREEMENT

Media Member acknowledges that these Media Terms and Conditions are intended to be as broad and inclusive as is permitted by law and that if any provision of these Media Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Media Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Media Terms and Conditions constitute the entire understanding and agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous oral or written agreements, representations, or understandings.

16. GOVERNING LAW & DISPUTE RESOLUTION

These Media Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of law provisions other than those that would permit the application of Ohio law. Any dispute, claim, or controversy of any nature arising out of or relating to these Media Terms and Conditions shall be resolved through binding arbitration in accordance with the Federal Arbitration Act to the exclusion of any other Federal, state, or municipal law of arbitration administered by the American Arbitration Association by a sole arbitrator or in small claims court. The results, judgements, and/or awards rendered through any such arbitration shall be final and binding and may be entered in any court of competent jurisdiction.

17. WAIVER OF JURY TRIAL

IHRA AND MEDIA MEMBER ON BEHALF OF ITSELF AND THE OTHER RELEASORS IRREVOCABLE AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE USE OF A COMPETITION VEHICLE, MEDIA MEMBER’S ATTENDANCE AT ANY DRAG RACING EVENTS (INCLUDING IHRA EVENTS AND EVENTS HELD AT IHRA TRACKS), AND ANY AND ALL RELATED ACTIVITIES. MEDIA MEMBER CERTIFIES AND ACKNOWLEDGES THAT:
(I) NO REPRESENTATIVE OF IHRA HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT IHRA WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION;
(II) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER;
(III) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY; AND
(IV) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

SIGNATURE

By signing this waiver and participating in or attending any IHRA Event or related activity, Media Member expressly agrees to abide by these Media Terms and Conditions.