Fan Info - INDYCAR 101 - Rulebook - Chapter 2: Membership

Download Fan Version: 2017 Verizon IndyCar Series Rulebook (Full)

Download Fan Version: 2017 Verizon IndyCar Series Rulebook (Chp 2)

2. MEMBERSHIP

IMPORTANT: The rulebook content below was released to all parties on January 16, 2017, and should be considered UNOFFICIAL. No in-season amendments or bulletins are reflected below.

2.1. General

2.1.1. INDYCAR is a voluntary membership organization. Each Member shall be deemed to be an independent contractor of INDYCAR and the relationship between INDYCAR and a Member shall not be deemed to be a partnership, joint venture, an employment or a franchise relationship by virtue of the membership.

2.2. Application

2.2.1. Each applicant is required to submit the following properly executed materials for INDYCAR approval in the form required by INDYCAR:

2.2.1.1. Membership application on a form provided by INDYCAR,

2.2.1.2. Membership application fee,

2.2.1.3. Substance Abuse Policy Authorization for Testing and Release (if the applicant is a designated Competitor or Official),

2.2.1.4. Social Media Policy Acknowledgement (if the applicant is a Competitor or Official),

2.2.1.5. Participant Authorization for Use and Disclosure of Protected Health Information, and

2.2.1.6. Any other materials required by INDYCAR.

2.2.2. Membership criteria shall be determined by INDYCAR and may be periodically revised. Each applicant must be in good standing.

2.2.3. Each applicant agrees to fulfill all contractual obligations such applicant and/or applicant’s affiliates may have to INDYCAR, Event Promoters, Manufacturers and their affiliates. Each applicant agrees that INDYCAR, Event Promoters, Manufacturers and their affiliates shall have the remedy of specific performance with respect to any and all such obligations in addition to all other rights and remedies available at law or in equity and notwithstanding any terms to the contrary in any other agreement.

2.2.4. Each applicant must pay any and all outstanding financial obligations owed by applicant or its affiliates to INDYCAR, Manufacturers and their affiliates, or make other arrangements acceptable to INDYCAR, Manufacturers and their affiliates.

2.2.5. INDYCAR shall determine whether to accept or reject any membership application materials, although the rejection of membership application materials may be reviewed and/or appealed in accordance with the procedures set forth in Rule 12 and Rule 13.

2.2.6. If an individual/entity is involved in and/or participates in any Event without having properly submitted fully-executed membership application materials, the individual/entity, by such involvement and/or participation, nevertheless agrees that the individual/entity is subject to all Rules, limitations of liability, indemnification and all statements, releases and obligations appearing in the membership application materials as if the individual/entity had properly submitted a fully-executed membership application materials.

2.2.7. Regardless of where the application material is executed by the applicant and/or accepted by INDYCAR and/or the credential issued, applicant recognizes and agrees that the Member’s application materials and associated agreement is an Indiana contract and forms a contractual relationship established in the State of Indiana and governed by the laws of Indiana. THIS CONTRACT AND RELATIONSHIP IS A LEGAL ONE AND APPLICANT SHOULD CONSULT HIS/HER ATTORNEY IF HE/SHE HAS ANY LEGAL QUESTIONS.

2.3. Term

2.3.1. Unless otherwise determined by INDYCAR, a membership expires on December 31 of the calendar year. INDYCAR may issue a credential that may only be valid for a designated period or designated Event(s), as INDYCAR deems appropriate.

2.4. Interim Review of Qualifications

2.4.1. INDYCAR may continuously re-evaluate the eligibility of a Member at any time after accepting a membership application to determine whether the Member shall continue to remain a Member. Members must remain in good standing.

2.5. Acknowledgement of Release and Assumption of Risk 

2.5.1. INDYCAR may periodically request that a Member acknowledge the release, assumption of risk and indemnification provisions in the membership application materials, but the failure of INDYCAR to request and/or a Member to sign an acknowledgement does not negate the release, assumption of risk and indemnification provisions in the membership application materials or in these Rules.

2.6. Applicable Laws and Jurisdiction

2.6.1. To avoid the need for specific inquiries, each Member represents, warrants and covenants to INDYCAR Group that such Member has complied with and at all times will comply with all applicable local, state and federal, rules and regulations, including, without limitation, all laws related to taxes and fees, immigration, income/sales/use tax, safety/health, transportation, workers compensation and frequency communications. Member further acknowledges and agrees to cooperate with INDYCAR’s and its promoter’s compliance obligations. For the avoidance of doubt, the Member’s responsibilities include withholding and information reporting obligations required by law pursuant to Indiana House Enrolled Act 1544.

2.6.2. If there is a misrepresentation and/or a breach of the warranties and covenants in Rule 2.6.1, such Member shall indemnify and hold INDYCAR Group harmless from any loss or expense incurred by INDYCAR Group as a result of any noncompliance including without limitation, claims of INDYCAR Group’s sole or contributory negligence and/or a claim that INDYCAR Group failed to supervise or achieve compliance.

2.6.3. The Rules shall be governed, interpreted and construed in accordance with the laws of the State of Indiana, without regard to its choice of law principles. All actions relating to the Rules shall be brought in state or federal court in Marion County, Indiana. Each Member consents to venue in and jurisdiction of the state or federal courts in Marion County, Indiana and waives any rights to contest such venue and jurisdiction.

2.6.4. THE MEMBER WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THE MEMBERSHIP APPLICATION MATERIALS, ASSOCIATED AGREEMENT AND/OR RULES AND AGREES THAT ANY SUCH ACTION OR PROCEEDING WILL BE TRIED BEFORE A COURT AS A BENCH TRIAL AND NOT BEFORE A JURY.

2.7. Conduct Identification  

2.7.1. A Member should never make a claim against INDYCAR or a person or entity connected with INDYCAR that an injury, including a fatal injury, has been caused by wrongful conduct that is intentional or willful and wanton unless the claim can be supported by established facts. Even if factually supportable, such a claim cannot continue unless the notice required in the membership application is timely completed.

2.8. Litigation

2.8.1. Each Member agrees to reimburse INDYCAR Group and other named Members (INDYCAR Member Group) for all costs of litigation including without limitation travel expenses and attorneys’ fees, costs and expenses if either of the following conditions occurs:

2.8.1.1. The Member initiates or otherwise causes a member of the INDYCAR Member Group to be named as a party in a legal proceeding not permitted or contemplated by the Rules;

2.8.1.2. The Member requests or compels a member(s) of the INDYCAR Member Group’s participation in a manner other than as a party to the lawsuit.

2.9. Categories 

2.9.1. The following membership categories exist:

  1. Entrant
  2. Driver
  3. Associate
  4. Official
  5. Media
  6. VIP

2.10. Age

2.10.1. Unless otherwise specified, all applicants who are individuals must be at least eighteen (18) years of age. For example, INDYCAR may require a Competitor to be an age greater than eighteen (18) years of age or require additional and/or different requirements for a particular category and/or Event.

2.10.2. No one under age 18 shall be permitted in Pit Lane during any Events unless permitted by applicable insurance requirements and previously approved in writing by INDYCAR and/or the Event Promoter.

2.11. Moral Fitness

2.11.1. The past or current conduct of an applicant or Member can have adverse consequences to INDYCAR.

2.11.2. An applicant or Member must honestly answer questions raised by INDYCAR as to moral character.

2.11.3. Applicants and Members agree INDYCAR may refuse a membership application or revoke a membership for any reason including, without limitation, those related to personal conduct, decency and whether or not any conduct of the applicant or Member creates adverse notoriety with respect to INDYCAR, the IndyCar Series, or an Event.

2.12. Physical and Psychological Fitness

2.12.1. INDYCAR may require any applicant or Member to complete a medical history form and/or complete and pass a medical examination which may include drug testing consistent with the provisions of the Substance Abuse Policy as directed by INDYCAR to determine physical and psychological fitness to receive a membership or License and/or to participate or continue in an Event. At any time, INDYCAR may require a Member to be examined and/or tested by a designated medical professional at the Member’s cost.

2.12.2. Members must not use or be under the influence of illegal or prohibited drugs at any time, alcohol during an Event, and certain prescriptions and over-the-counter medications during an Event. Designated Competitors and Officials must complete and return to INDYCAR the current Substance Abuse Policy Authorization for Testing and Release and must comply with the provisions of the Substance Abuse Policy at all times. Whether or not an applicant or Member has formally executed the INDYCAR Substance Abuse Policy Authorization for Testing and Release, each applicant and Member agrees to submit to drug testing in accordance with the Substance Abuse Policy, which may include without limitation the collection of urine, blood, saliva, hair, breath and/or any other scientificallyacceptable method of analysis for prohibited substances and/or alcohol if requested by INDYCAR. Examination/testing may be for any drug, medication or other substance including without limitation alcohol. Applicants and Members shall be required to regularly review the Substance Abuse Policy and will be notified by INDYCAR as changes to the Substance Abuse Policy are made. Changes to the Substance Abuse Policy will apply as they become effective and it is not an acceptable excuse for an applicant or Member to claim that the applicant or Member is unaware of a change to the Substance Abuse Policy or that such a change is not reflected in the Rules for purposes of avoiding the consequences of noncompliance.

2.12.3. Any applicant or Member who is required to complete a medical history form and/or complete and pass a medical examination/test shall also immediately notify in writing the INDYCAR Medical Director if the Member becomes aware of a change in the Member’s medical condition, including if the Member is diagnosed with any medical condition (including pregnancy) by any medical professional.

2.12.4. Any Member who is required to execute the Substance Abuse Policy Authorization for Testing and release shall also submit proof of any prescription the Member is required to take to the INDYCAR Medical Review Officer (and receive the INDYCAR Medical Review Officer’s approval of such use prior to taking the substance in connection with any Event) (whether or not prescription drugs or medication and regardless of how taken).

2.12.5. INDYCAR may disqualify, suspend or otherwise penalize any applicant or Member for failure to promptly cooperate with any request for examination/testing and/or notification by INDYCAR and for any pending violation of the Substance Abuse Policy.

2.13. Medical Examinations and Treatment

2.13.1. Examinations and/or treatment of Members, including emergency rescue, performed by medical professionals acting on behalf of INDYCAR are based upon a relationship established in the State of Indiana.

2.13.2. Members acknowledge that the medical professionals are acting pursuant to their contractual obligations with INDYCAR and are not acting or rendering personal medical services to the Members. Members acknowledge that they shall have their own personal physicians.

2.14. Determination of Fitness

2.14.1. Members acknowledge that while the INDYCAR medical professionals render an opinion as to fitness, the final determination of a Member’s ability to participate is made by INDYCAR in good faith.

2.15. Waiver of Claims

2.15.1. Each applicant and Member waives any and all claims regarding any medical treatment and/or medical examinations/testing and/or examination/testing results, and/or the use or disclosure of such medical treatment and/or medical examinations/testing and/or examination/testing results, by INDYCAR, its agents and/or its medical professionals including without limitation claims of invasion of privacy and/or breach of confidentiality, notwithstanding whether such claims arise from strict liability, sole or contributory negligence of INDYCAR, its agents and/or its medical professionals, breach of contract, or any other legal or equitable theory.

2.16. Penalties

2.16.1. INDYCAR may disqualify, suspend or otherwise penalize any applicant or Member if the results of any examination/test are determined by INDYCAR, its agents and/or its medical professionals to be a violation of the INDYCAR Substance Abuse Policy or to enhance, impair, or otherwise affect the Member’s ability to be involved in and/or participate in any Event regardless of whether the applicant or Member’s B sample, if applicable, has confirmed the A sample finding, in the case of a drug test. INDYCAR in its discretion may suspend or otherwise penalize any applicant or Member while such applicant or Member’s matter, whether it is a positive drug test or other violation of the Substance Abuse Policy or other applicable Rule, is pending or while INDYCAR investigates the applicant or Member’s potential Rule violation.

2.16.2. Any Member who shows visible signs of exhaustion, physical or psychological impairment, or other physical or psychological irregularities may be disqualified and/or excluded from an Event and subjected to additional examinations/tests and/or penalties.

2.17. Violation of Laws

2.17.1. Being charged with a violation of the law, whether alcohol/substance abuse or any other laws, may be grounds for suspension or other penalty. Any Member charged with any violation of the law relating to alcoholic beverages or illegal substances, or charged with any felony, must notify the President of Competition and Operations prior to the next scheduled Event or within 72 hours of being so charged, whichever is earlier, and cooperate with INDYCAR, including without limitation, providing additional information in order for INDYCAR to determine if a suspension or other penalty is appropriate.

2.18. Medical Records

2.18.1. Each applicant and Member agrees and consents that, where requested by INDYCAR for purposes of carrying out its due diligence and obligations under the Rules and the Substance Abuse Policy, he or she will not unreasonably deny INDYCAR access to and copies of any and all medical records of the Member where access to such information may be necessary in order for INDYCAR to make a determination with respect to the applicant or Member’s eligibility for participation in an Event. Applicants and Members acknowledge that denial of access by INDYCAR to such information may delay or prohibit INDYCAR from permitting the applicant or Member to compete and/or participate in Events.

2.19. Memberships, Licenses and Credentials

2.19.1. Prior to gaining access to restricted areas, each individual must have the necessary and appropriate credential. The holder of a membership, License or other credential shall produce it for inspection upon demand of INDYCAR or security personnel at any Event along with any other document needed to confirm identification.

2.19.2. The annual credential consists of both the lanyard and the hard card. Use of one without the other invalidates the annual credential. In addition, a Member must not use a prior Event’s, prior racing season’s or other series’ credential.

2.19.3. A membership, License or any other credential (including race mode) may not be disassembled, transferred, assigned, sold, made subject to a lien, altered, or duplicated. It must be used only by the Member to whom it is issued. If a Member intentionally or unintentionally disassembles, transfers, assigns, sells, makes subject to a lien, alters, duplicates or otherwise permits another individual or entity to use or attempt to use the membership, License or credential, then the Member may be penalized and shall indemnify and hold INDYCAR Group harmless from any loss or expense incurred by INDYCAR Group arising in any way from the Member’s action, even if the Member or a third party asserts that INDYCAR Group’s loss or expense is due to INDYCAR Group’s negligence.

2.19.4. The Rules regarding memberships, Licenses and credentials are equally applicable to parking passes, Event credentials, golf cart passes and all other privileges issued to a Member by INDYCAR or an Event Promoter unless such credentials, passes or privileges are expressly transferable, assignable, or eligible for sale.

2.19.5. INDYCAR may require an applicant and/or Member to provide a valid official government-issued identification including photograph and date of birth in order to receive or retain a credential. Acceptable identification includes without limitation a state Driver’s licenses, passports and military cards but does not include identification issued by educational institutions or any nongovernmental entity.

2.19.6. Members are responsible for the conduct of Member Group.