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IHRA MEMBERSHIP TERMS AND CONDITIONS

IHRA MEMBERSHIP TERMS AND CONDITIONS

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

  1. ACCEPTANCE OF TERMS. By enrolling in the IHRA Membership Program (“Program”), Member acknowledges they have read, understood, and agree to be bound by the Terms and Conditions set forth herein. These Terms and Conditions apply to: (i) all categories of membership in the Program and (ii) any participation in or attendance at an IHRA event or related activities, including as a driver, on-track participant, fan, and spectator.

  2. IHRA RULES. Member acknowledges that these Terms and Conditions are subject and subordinate to and limited by all applicable rules, regulations, memoranda, resolutions, policies, procedures, guidelines, interpretations, directives of IHRA, and 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 (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. Member agrees to comply with all applicable IHRA Rules and will not commit any act or omission that will conflict with the IHRA Rules.

  3. MEMBERSHIP ELIGIBILITY & BENEFITS.

    (a)  Eligibility. Membership is open to individuals who meet the age and other eligibility criteria specified by IHRA. Member agrees that membership may be denied, withheld, or non-renewed at any time by IHRA in its discretion.

    (b)  Benefits. Membership entitles you to various membership benefits, which may include, but are not limited to, ticket discounts, magazine subscriptions, and other exclusive offers. IHRA reserves the right to modify, add, or remove benefits at any time at its sole discretion. Membership benefits are subject to change without prior notice and may vary based on membership level or other eligibility criteria.

    (c)  Non-Transferable. The IHRA membership and associated benefits are personal to the Member to whom it is issued and are strictly non-transferrable. Member may not assign, sell, loan, or otherwise transfer membership (or any associated benefits) to any other individual or entity.

    (d)  Revocation by IHRA. IHRA retains the right to revoke a membership at any time in its reasonable discretion. Reasons for revocation may include, but are not limited to (i) breach of these Terms and Conditions; (ii) breach of any other IHRA Rule; and (iii) any conduct by the Member that IHRA deems to be detrimental to the integrity, reputation, or operations of IHRA, its events, or the Program.

  4. MEMBERSHIP FEES & RENEWAL; TRANSACTION AUTHORIZATION.

    a. Membership requires payment of an annual or monthly fee as may be determined by IHRA. Membership fees are non-refundable unless otherwise stated. Membership renews automatically each year on the anniversary of the date Member enrolled in the Program, unless canceled before the renewal date.

    b. By providing credit or debit card information to IHRA, you authorize IHRA to charge your credit or debit card for any fees, subscriptions, purchases, or other amounts due under these Terms and Conditions. This authorization includes automatic recurring charges, where applicable, until you affirmatively cancel your membership or payment obligations in accordance with IHRA’s cancellation and billing policies. You agree to provide and maintain accurate, complete, and current billing information. If a charge is declined or reversed for any reason, IHRA may suspend or terminate your access to its membership benefits, products, and services until payment is successfully processed. IHRA is not responsible for any fees or penalties imposed by your bank or credit card provider due to declined transactions. This authorization will remain in effect until revoked in writing by you, subject to any outstanding balances owed to IHRA.

  5. CODE OF CONDUCT. Members are expected to conduct themselves in a respectful and sportsmanlike manner at all IHRA events. IHRA reserves the right to suspend or revoke membership for behavior deemed inappropriate, unlawful, or in violation of venue policies.
  6. MEMBERSHIP INSURANCE COVERAGE. As a member of IHRA, you may be eligible to participate in IHRA’s membership insurance coverage. All insurance coverage is subject to the Membership Insurance Terms and Conditions, which can be found at IHRA.com. Participation in the insurance program is contingent upon compliance with all applicable membership requirements and insurance provisions. IHRA reserves the right to modify, suspend, or terminate insurance coverage at its sole discretion.
  7. ASSUMPTION OF RISK. A Member who (i) participates in a drag racing event (as a driver or other on-track participant) or (ii) attends a drag racing event as a spectator, fan, visitor, or otherwise, understands and acknowledges that there are certain risks involved, 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. Member acknowledges and agrees that he or she is voluntarily participating in such activities or attending such events with the knowledge of the dangers involved and agrees to assume and accept all risks of such participation or attendance.
  8. RELEASE OF LIABILITY; INDEMNIFICATION. In exchange for membership in the Program, 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 participation in the Program (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 Member or the Member’s family, estate, heirs, or assigns (collectively, the “Releasors”) arising in any way as a result of or in connection with Member’s participation in the Program or associated activities, attendance at an IHRA event or associated activities, participation in an IHRA event or associated activities, or use of any membership benefits, including but not limited to actions for property damage, personal injury, or wrongful death.


    Member understands and agrees that the Releasees are not responsible for any death, injury, or property damage arising out of participation in the Program, EVEN IF CAUSED BY THEIR OWN NEGLIGENCE. 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 Member’s participation in the Program, participation in an IHRA event, attendance at an IHRA event, or any and all related activities. 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 Terms and Conditions is invalid, the remainder will continue in full force and legal effect.

  9. INTELLECTUAL PROPERTY MARKS. 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, membership in the Program or 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. Member hereby grants to IHRA and the other Releasees the exclusive, perpetual, royalty-free, irrevocable, fully paid-up, worldwide right to use, exhibit, edit, disseminate, display, reproduce, print, publish, publicly perform, and make any other uses of Member’s image, name, sobriquet, marks, logos, voice, movements, gestures, actions, persona, signature, likeness, uniform, biomaterial, biographical material, and other indicia and attributes of Member, in any manner whatsoever, alone or in composite and/or conjunction with any other materials, on, via, or through any and all Media, in connection with, related to, or for any purpose of: (i) any of the rights to the Works described in the foregoing paragraph; (ii) any advertising, promotion, publicity, operation, or exploitation of Releasors or an event; and (iii) on the IHRA website in connection with any postings of rosters, scorings, or racing stories.

  10. NO USE OF IHRA MARKS. Member shall have no right to use any of the IHRA Marks (as defined below) for any purpose whatsoever without the prior written approval of the Releasees in each instance, such approval to be granted or withheld in the Releasees’ sole discretion after a formal request process has been initiated by Member. For the purposes of these Terms and Conditions, “IHRA Marks” means the logos, trademarks, and other indicia of origin owned by IHRA and its Affiliates, including the event(s) name and logo and any indicia adopted for commercial purposes by IHRA or any of its Affiliates. Member acknowledges and agrees that all right, title, and interest in and to the IHRA Marks belong to IHRA. 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. Member recognizes that the great value and goodwill associated with the IHRA Marks belong to IHRA and that such marks have acquired secondary meaning.

  11. TERMINATION & MODIFICATIONS. IHRA reserves the right to modify, suspend, or terminate the Program, or any aspect thereof, at any time. Members will be notified of significant changes. Continued participation after modifications constitutes acceptance of the revised Terms and Conditions. Membership in the Program is subject to these Terms and Conditions, which may be updated from time to time by IHRA in IHRA’s sole discretion.

  12. SEVERABILITY; ENTIRE AGREEMENT. Member acknowledges that these Terms and Conditions are intended to be as broad and inclusive as is permitted by law and that if any provision of these Terms and Conditionsshall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These 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. These Terms and Conditions govern membership in the Program, including, without limitation, participation in and attendance of drag racing-related events, as well as related policies, standards, and guidelines.

  13. GOVERNING LAW & DISPUTE RESOLUTION. These 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 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.

  14. WAIVER OF JURY TRIAL. IHRA AND 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, MEMBER’S PARTICIPATION IN THE PROGRAM OR ANY DRAG RACING EVENTS (INCLUDING IHRA EVENTS AND EVENTS HELD AT IHRA TRACKS), MEMBER’S ATTENDANCE AT ANY DRAG RACING EVENT (INCLUDING IHRA EVENTS AND EVENTS HELD AT IHRA TRACKS), AND ANY AND ALL RELATED ACTIVITIES. 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.

    BY ENROLLING IN THE PROGRAM OR PARTICIPATING IN OR ATTENDANCE AT ANY RELATED IHRA EVENTS OR ACTIVITIES, MEMBER AGREES TO ABIDE BY THESE TERMS DURING THE MEMBERSHIP REGISTRATION PROCESS. AND CONDITIONS, WHICH MAY BE POSTED ON THE IHRA WEBSITE OR PRESENTED DURING THE MEMBERSHIP REGISTRATION PROCESS.