Weekly Racing Series

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Contact Information

Track Information

Weekly Racing Series Dates (MM/DD)
(A minimum of 7 to 11 dates between 3/1/2020 and 10/20/2020)

Please read and agree to our license agreement:
BRIGGS &amp; STRATTON RACING SERIES TRACK AGREEMENT

("Track") as identified in the "Track name" section of this form (referred herein as "Track") has agreed to participate in the Briggs &amp; Stratton Racing Series ("Series") under the following terms and conditions:

1. Scheduling of Racing Series Event(s): Track has agreed to participate in the Briggs &amp; Stratton Racing Series for drivers who are participating using the 206 engine. The Series event(s) ("Events") pursuant to this Agreement shall take place between March 1st and October 20th 2020.

2. Applications And Promotional Materials: Briggs &amp; Stratton may provide Track with creative materials, promotional materials, or other materials to be used in connection with the Events. Track shall be solely responsible for all such materials while in its possession, control or custody.

3. Track's Responsibilities:

A. Track shall be solely responsible for reporting the results each and every Event to Briggs &amp; Stratton within fourteen (14) days of such Event. Track shall ensure that it has verified the results of each Event prior to reporting. Subject to mutually agreed upon directions, Track shall be required to document any Events results. A Track that fails to report results in the time allotted, will automatically forfeit ALL racer points for that date and will lose their "good standing" status along with the benefits. Briggs &amp; Stratton may immediately terminate this agreement for Tracks that fail to submit results two or more times during this series. Track shall be solely responsible for results and agrees to resolve any disputes with Event participants regarding any results within ten (10) days of the submission of such results.

B. All Events performed pursuant to this Agreement will be in accordance with standard racing procedures.

C. Track shall display all promotional materials provided by Briggs &amp; Stratton for use at each Event as mutually agreed upon by Track and Briggs &amp; Stratton.

D. Track must be a sanctioned and insured SPRINT track in good standing with WKA, IKF, NKA, TAG USA or AKRA. Track must abide by the Briggs &amp; Stratton factory rule set in its entirety and provide documentation to Briggs &amp; Stratton showing such compliance.

E. In the event that any Event is cancelled due to due to any unforeseen circumstances beyond the reasonable control of the party precluded from performing, including, but not limited to, fire, riot or civil commotion, act of government or governmental instrumentality (whether federal, state or local), war, failure of performance by a common carrier, failure in whole or in part of technical facilities or any other cause beyond the reasonable control of said party (a "Force Majeure Event"), then Track agrees to use its best efforts to reschedule such Events at a date acceptable to Track and Briggs &amp; Stratton.

G. Track shall ensure that each participant in the Events signs a liability release in favor of Briggs &amp; Stratton that provides each participant will release, discharge, indemnify, defend, and covenant not to sue, Briggs &amp; Stratton for any and all claims, liabilities, suits, demands, costs, expenses and actions of any kind whatsoever which may arise from or in connection with participants participation in the Events, including, without limitation, any property damage, personal injuries, disability, death or other damage suffered by participant.

4. Representations And Warranties: Track represents and warrants that it has the full right and authority to enter into this Agreement. Track warrants and represents that it is a sanctioned and insured SPRINT track in good standing with WKA, IKF, NKA, TAG USA or AKRA. Track warrants and represents that it abides by the Briggs &amp; Stratton factory rule set in its entirety.

5. Trademarks:

A. Track will not use and will keep its employees, agents and subcontractors, if any, from using the name of Briggs &amp; Stratton or its parents, subsidiaries or affiliates, or any name, logo, copyright, service mark or trademark owned or licensed by Briggs &amp; Stratton, their parents, subsidiaries or affiliates, in any manner whatsoever without the prior written approval of Briggs &amp; Stratton unless otherwise authorized by this Agreement. Track acknowledges that all such names, trademarks and logos are and shall remain the sole and exclusive property of Briggs &amp; Stratton and that this Agreement does not confer upon Track any right or interest whatsoever in such names, trademarks and logos. In addition, Track will not use any materials provided by Briggs &amp; Stratton hereunder for any purpose whatsoever, including, but not limited to, advertisements or participant lists, without the prior written approval of Briggs &amp; Stratton.

B. Track grants Briggs &amp; Stratton the nonexclusive right to use Track's name, logo and/or trademark, in connection with the sale, advertising, marketing, publicity and promotion of the Series and Events or Briggs &amp; Stratton's products, in any and all media now known or herein after invented, without territorial limitation, during the Term of this Agreement.

6. Termination: Briggs &amp; Stratton may terminate this Agreement for any reason upon thirty (30) days prior written notice. Upon termination under this Section, Track shall immediately return at its own expense all materials forwarded to Track in connection with this Agreement.

7. Indemnification: Track agrees to indemnify Briggs &amp; Stratton, and their respective officers, directors, employees, agents, and affiliates from and against any and all damages, costs, judgments, penalties and expenses of any kind (including reasonable legal fees and disbursements) which may be obtained against, imposed upon or suffered by Briggs &amp; Stratton as a result of: (a) the breach by Track of this Agreement, the breach of any of the warranties and representations made herein; (b) action or failure to act by Track or its employees and/or subcontractors and those persons under Track's control in connection with this Agreement, or as a result of any representation; (c) the violation or alleged violation of any third party rights from the use of Track name, logo or trademark by Briggs &amp; Stratton, including but not limited to, trademark, copyright, patent, right of publicity, right of privacy or trade secret; (d) Track or its employees and/or subcontractors and those persons under Track's control failure to comply with any of its obligations or any applicable local, state, federal or site laws, rules or regulations regarding any and all promotions or activities it conducts in connection with the Series, the Events or this Agreement; (e) any of the Events (including but not limited to any claims of property damage, personal injuries, disability, or death during the Events). This Section will survive the termination of this Agreement.

9. Relationship With Track: Track is an independent contractor and nothing contained in this Agreement or done pursuant to the Agreement shall be construed as creating a partnership, agency or joint venture between or among Briggs &amp; Stratton or any of their respective affiliates or agents, and Track. Tracks employees shall not be deemed to be employees or agents of Briggs &amp; Stratton for any purpose whatsoever. Accordingly, Track is responsible for payment of all employment taxes, benefits, insurance and the like for all work performed by its employees in connection with the performance of this Agreement.

10. Insurance: Track will maintain insurance from a qualified and licensed insurer in good financial standing throughout the term of this Agreement. Such insurance will include general liability insurance providing coverage against liability for bodily injury, death and property damage which may arise out of or be based upon any act or omission of Track or any of its employees, agents or subcontractors under this Agreement.

11. Compliance with Law: Track will comply with all applicable laws, regulations, orders, and ordinances in connection with its participation in the Series. Track shall be responsible for securing, at its expense, any permits or authorizations required to perform hereunder.

12. No Waiver: Any failure by Briggs &amp; Stratton to exercise any right granted herein upon the occurrence of any contingency set forth in this Agreement will not in any event constitute a waiver of any such right upon the occurrence of any such contingency.

13. Notices: Any notice or reports to be given to Briggs &amp; Stratton, or Track hereunder will be deemed sufficiently given if in writing and delivered personally or sent by certified mail, telecopy or telegram at the addresses. Any notice so delivered, mailed or telegraphed will be deemed to be given on the date it is delivered personally, mailed or delivered to the telegraph office.

14. Captions: The captions in this Agreement are inserted solely for purposes of facilitating easy reference and shall not be construed in any way as part of the text, or as altering the substantive provisions of this Agreement.

15. Applicable Law: This Agreement is made in the State of Wisconsin and shall be construed and interpreted in accordance with the internal laws of the State of Wisconsin, applicable to contracts made and performed entirely therein. Track agrees and consents that jurisdiction and venue of all matters relating to this Agreement shall be vested exclusively in the Federal, state and local courts located in Milwaukee, Wisconsin.

16. Severability: If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision herein.

17. Complete Agreement: This document is a complete and exclusive statement of the terms of this Agreement and may not be changed orally but only by a writing signed by both parties hereto.
Read and Agree *
I HAVE READ AND AGREE TO THE ABOVE LICENSE AGREEMENT AND I REPRESENT THAT I AM THE INDIVIDUAL INDICATED ABOVE AND THAT I HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT.
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Weekly Racing Series Dates (MM/DD)(A minimum of 7 to 11 dates between 3/1/2020 and 10/20/2020)

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Weekly Racing Series Dates (MM/DD)
(A minimum of 7 to 11 dates between 3/1/2020 and 10/20/2020)
