ELDORA GOLF CART PERMIT TERMS AND CONDITIONS
1. AGREEMENT: This document properly executed by Individual and/or Company, shall upon written acceptance by ELDORA constitute a valid and binding agreement and unless terminated earlier in accordance with its provisions herein, shall continue through midnight on the day immediately following the completion of the last Event Weekend as identified in the published 2024 Event Schedule. Individual and/or Company represents and warrants that all the information provided by Individual and/or Company is and shall remain true and correct. Individual and/or Company warrants that it and its agents, employees, guests and authorized users shall comply with the terms of this Agreement.
2. FEES: In consideration of the rights granted by ELDORA to Individual and/or Company hereunder, Individual and/or Company agrees to pay ELDORA the Golf Cart Permit fee in the amount as indicated on the Request Form, if applicable, per Golf Cart Permit requested. All monetary obligations owed to ELDORA hereunder are due and payable in full at the time of confirmation of Golf Cart Permit availability for the Term, unless prior arrangements have been agreed to in writing by both parties. No golf cart will be registered, and no Golf Cart Permit will be issued until such payment is received. In the event a replacement golf cart permit is needed, Individual and/or Company must surrender previously issued Golf Cart Permit, and will only, at that time, be granted a replacement. In the event a Golf Cart Permit is lost and or stolen, Individual and/or Company hereunder, is obligated to pay the FULL replacement costs of Golf Cart Permit to ELDORA and will not be granted a replacement until payment has been received, unless otherwise agreed upon in writing by both parties. ALL GOLF CART PERMIT FEES ARE NON-REFUNDABLE.
3. USE: (a) Golf Cart Permit: Golf Cart Permits (“Permit”) are non-transferable and must be permanently affixed to the front left side cowl or windshield. Individual and/or Company must report to the ELDORA Golf Cart Registration (the “Compound”) during the first day of the first Event Weekend for which a Permit is issued, and the required Permit will be applied by an authorized ELDORA employee or representative. Failure to display Permit may result in impoundment and subject to additional fees. Permits do not grant Equipment access to grandstand, concourse, infield, pit area or other secured areas of Speedway property. At any and all times during the Term, ELDORA or Speedway retains the right to revoke Equipment or Permit privileges should they be abused or used improperly. Permits become null and void on the last day of the preceding month in which Individual and/or Company’s insurance policy expires. Individual and/or Company must submit a new certificate of insurance to receive a replacement Permit.
(b) Rules and Regulations: Individual and/or Company shall observe and abide by the Golf Cart Permit Rules and Regulations attached to this document as Exhibit A and incorporated herein by reference, and with any additional rules or regulations that hereafter may be adopted and announced by ELDORA (collectively, the “Rules and Regulations”). Individual and/or Company acknowledges and understands that each Speedway may have different or additional rules and regulations, and policies and procedures regarding Equipment use and that it is Individual and/or Company’s responsibility to ensure that it has obtained and understands all applicable rules and regulations, and policies and procedures. Individual and/or Company shall ensure that its employees, agents and other authorized users of Permits issued under this Agreement shall be given a copy of all referenced Rules and Regulations.
(c) Accidents; Damage or Loss: Should Individual and/or Company or Individual and/or Company’s Equipment cause or become involved in an accident of any kind, regardless of the seriousness, the operator of Individual and/or Company’s Equipment must stop and contact the Darke County Sheriff Deputies, Speedway Security and ELDORA representatives, and in such event the operator of the Individual and/or Company’s Equipment must remain at the accident scene until Deputies and/or ELDORA personnel advise they may leave. ELDORA shall not be responsible for damage or loss to Individual and/or Company’s Equipment or personal property left in or around the Equipment.
4. INSURANCE: Individual and/or Company shall maintain, at their own cost and expense throughout the duration of the Agreement a policy of insurance reasonably acceptable to the Darke County Sheriff Patrol and ELDORA.
5. INDEMNIFICATION: INDIVIDUAL AND/OR COMPANY AGREES TO ASSUME ALL RISKS INHERENT TO THE OPERATION AND USE OF THE EQUIPMENT AT THE SPEEDWAY AND SHALL INDEMNIFY, PROTECT, DEFEND, AND HOLD ELDORA SPEEDWAY, INC.; Eldora Holdings, Inc.; True Speed Enterprises, Inc.; True Speed Communications, LLC; Champion Properties; Inc.; Anthony W. Stewart; and/or each of their subsidiaries and affiliates and their respective officers, managers, directors, employees and agents related to the operations SUBSIDIARY AND AFFILIATED COMPANIES , AS WELL AS THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, AND EACH OF THEM (INDIVIDUALLY “INDEMNIFIED PARTY” AND COLLECTIVELY “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, INJURIES, SUITS, ACTIONS, CAUSES OF ACTION, CHARGES, JUDGEMENTS, COSTS AND EXPENSES (INCLUDING ALL REASONABLE ATTORNEY’S FEES AND COURT COSTS) AND LIABILITY FOR ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY WHATSOEVER (INDIVIDUALLY “CLAIM” AND COLLECTIVELY “CLAIMS”) ARISING IN WHOLE OR IN PART FROM INDIVIDUAL AND/OR COMPANY’S OPERATION, USE OR MISUSE OF THE EQUIPMENT OR CREDENTIAL, TO THE EXTENT SUCH CLAIM IS CAUSE IN PART OR IN WHOLE BY THE ACT, NEGLIGENCE, FAULT OR OMISSION OF ANY DUTY WITH RESPECT TO THE SAME BY INDIVIDUAL AND/OR COMPANY, OR ANY OF ITS EMPLOYEES, AGENTS, CONTRACTORS, INVITEES OR OTHERS AUTHORIZED BY INDIVIDUAL AND/OR COMPANY TO OPERATE AND OR USE THE EQUIPMENT. INDIVIDUAL AND/OR COMPANY RECOGNIZES AND AGREES THAT INCLUDED IN THIS INDEMNIFICATION CLAUSE, BUT NOT BY WAY OF LIMITATION, IS INDIVIDUAL AND/OR COMPANY’S ASSUMPTION OF ANY AND ALL LIABILITY FOR INJURY, DISABILITY AND DEATH OF WORKMEN AND OTHER PERSONS CAUSED BY THE OPERATION, USE, MISUSE, CONTROL, HANDLING, TRANSPORTION OF EQUIPMENT OR CREDENTIAL BY INDIVIDUAL AND/OR COMPANY. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.