Sponsorship Agreement for Race Car Team
This Sponsorship Agreement, hereinafter called the Sponsorship Agreement or
Agreement is made by and between ,
(Name of Sponsor)
a corporation organized and existing under the laws of the state of ,
(name of state)
with its principal office located at ,
(street address)
, referred to herein as Sponsor,
(city, state and zip code)
and , organized as a limited liability
(Name of LLC)
company pursuant to the laws of the state of Delaware, hereinafter called the Race Team.
Whereas, the Sponsor has agreed to act as a sponsor for the Race Team presently made up of
, the driver, and a crew consisting of:
(Name of Driver)
A lollipop man;
four tire changers;
Eight tire carriers;
two Stabilizers ;
front wing;
front and rear jack men ;
fire extinguisher ; and
starter man.
Whereas, Sponsor expects to receive promotional and advertising benefits from such
sponsorship; and
Whereas, it is the intention of the Race Team to field competitive race cars in all the events for
which Sponsor has agreed to serve as a Sponsor;
Now, therefore, in consideration of the mutual covenants and agreements hereinafter set forth
and intending to be legally bound hereby, the parties hereto agree as follows:
I. Sponsorship.
A. The Race Team hereby grants to Sponsor a Sponsorship relationship
with the cars driven and maintained by an experienced Pit Crew;
B. Sponsor shall have a decal located: (describe where)
and Sponsor’s logo will be embroidered on: (describe where)
C . All decals for the race cars and all painting and other preparation of the race cars
shall be provided at the expense of Race Team.
D. Except as herein otherwise expressly provided to the contrary, the cost of
providing, painting and maintaining the above items shall be the responsibility of
Race Team.
E. During the term of this Sponsorship Agreement, Race Team shall maintain
a race team, and shall use its best efforts to qualify and compete in the races
described in Exhibit A attached hereto.
II. Driver and Team Obligations. During the term of this Agreement and any renewals or
extensions , Race Team represents and warrants to Sponsor that it will at its own expense
hire, furnish and maintain at all times an experienced first-class complete race team
consisting of mechanics, a pit crew, driver(s) and all other personnel necessary to furnish,
maintain, operate and race the race cars and support the cars, including, without
limitation, ensuring that the following duties are performed:
A. Building the race cars and purchasing or leasing all necessary support vehicles;
B. Repairing, maintaining, storing and transporting the race cars and support vehicles
between races;
C. Utilizing its best efforts to qualify in and compete in the races described in
Exhibit A at such other races as Race Team in its sole discretion may determine;
D. Secure the services of a qualified driver during the term of the sponsorship
agreement, and that each driver will handle himself (herself) in a respectable
manner that would not unfavorably impact any sponsor.
E. In the event any driver's services should no longer become available
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to Race Team for any part of a race season covered by this Agreement, it is the
exclusive right of Race Team to replace the driver. The replacement or substitute
driver is subject to no approvals other than Race Team’s sole discretion.
Race Team has the right to terminate the services of any driver should
inappropriate behavior occur.
III. Term and Termination.
A. The term of this Agreement is from the date executed, through the final race of
the 20 ______ season, or such other races as Race Team in its sole discretion sees
fit to enter, this term not to extend past December 31, 20 ______ . This Agreement
shall apply to all races in which Race Team competes during such term regardless
of locale.
B. Either party may terminate this Agreement if the other party is found to have
breached the terms of the Agreement and said breach is not cured within thirty
(30) days of receipt of written notice of such breach from the non-breaching party.
In the event a breach cannot be completely cured within the thirty (30) days
allowed to cure the breach, and the curing process has been started within thirty
(30) days, and the breaching party has been diligent in its efforts to cure through
the period, both parties may agree to continue the Agreement until such time as
the breach is cured. Rightful termination hereunder shall be without prejudice to
any other rights or remedies a party may have.
IV. Compensation.
A. As compensation for the sponsorship relationship under the terms of this
Agreement, Sponsor agrees to pay a total of $ and additional
compensations such as the following products (describe).
B. The schedule for the payment of this compensation as set forth in Exhibit B. shall
be as follows:
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Upon execution of this Agreement, payments are to be made payable to Race Team and
sent to the address shown below.
V. Indemnification.
A. Race Team will indemnify, defend and hold Sponsor and its affiliates,
subsidiaries, officers, directors, employees, customers, distributors, independent
contractors, suppliers, agents, successors and assigns, harmless from and against
all actions, suits, proceedings, judgments, demands, claims, liabilities, losses or
expenses whatsoever (including reasonable attorney's fees) incurred in connection
with or arising from the race motorcycle(s), the support vehicle(s), the activities
or omissions of driver or team members or the activities or omissions of Race
Team including, without limitation:
1. Any claim falling within the insurance coverage;
2. Race Team's breach, misrepresentation or non-performance under this
Agreement;
3. Any claim or action for or relating to personal loss, injury, death, property
damage or otherwise, suffered by participants, competitors (such as the
drivers), spectators or others at any of the racing events or team activities
or activities relating to the race motorcycles (or their relatives as a result
thereof) or otherwise; or
4. Any payment owed by Race Team related to the team support vehicles.
B. Both during and after this Sponsorship Agreement, Sponsor will indemnify,
defend and hold Race Team, its officers, directors, employees, team members,
customers, distributors, suppliers, agents, successors, and assigns, harmless from
and against all actions, suits, proceedings, judgments, demands, claims, liabilities,
losses, or expenses whatsoever (including reasonable attorney's fees) arising from
Sponsor’s breach, misrepresentation or non-performance under this Agreement.
VI. Insurance.
A. Race Team shall provide at its expense and maintain throughout the term of this
Agreement spectator liability insurance in an amount not less than $1 million
single limit coverage with respect to any liability relating to the activities of the
race team in the performance of this Agreement. This spectator liability insurance
coverage is usually provided by the race track and the governing racing body.
B. If requested, Race Team shall, within 90 days of the execution of this Agreement,
supply Sponsor with a copy of such policy of insurance or a certificate thereof,
and such policies shall be cancelable only upon 10 days written notice to Sponsor.
VII. Miscellaneous.
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A. This Agreement is not assignable by either party without written consent of all
interested parties.
B. Any notice required to be given under this Agreement shall be sent via registered
mail, return receipt requested and deemed given at the time it is received by either
party, provided such notice is addressed as follows:
Race Team:
Attn:
Address:
Sponsor:
Attn:
Address:
C. This Agreement shall be governed and construed in accordance with the
laws of the state of New York.
VIII. Severability. The invalidity of any portion of this Agreement will not and shall
not be deemed to affect the validity of any other provision. If any provision of this
Agreement is held to be invalid, the parties agree that the remaining provisions shall be
deemed to be in full force and effect as if they had been executed by both parties
subsequent to the expungement of the invalid provision.
IX No Waiver. The failure of either party to this Agreement to insist upon the
performance of any of the terms and conditions of this Agreement, or the waiver of any
breach of any of the terms and conditions of this Agreement, shall not be construed as
subsequently waiving any such terms and conditions, but the same shall continue and
remain in full force and effect as if no such forbearance or waiver had occurred.
X. Governing Law. This Agreement shall be governed by, construed, and enforced
in accordance with the laws of the State of New York .
XI. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to
the contrary, any dispute under this Agreement shall be required to be resolved by
binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each
party shall select one arbitrator and both arbitrators shall then select a third. The third
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arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the
rules of the American Arbitration Association then in force and effect.
XII. Entire Agreement. This Agreement shall constitute the entire agreement between
the parties and any prior understanding or representation of any kind preceding the date
of this Agreement shall not be binding upon either party except to the extent incorporated
in this Agreement.
XIII. Modification of Agreement. Any modification of this Agreement or additional
obligation assumed by either party in connection with this Agreement shall be binding
only if placed in writing and signed by each party or an authorized representative of each
party.
XIV. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original, but all of which together shall constitute
but one and the same instrument.
XV. Compliance with Laws. In performing under this Agreement, all applicable
governmental laws, regulations, orders, and other rules of duly-constituted authority will
be followed and complied with in all respects by both parties.
WITNESS our signatures as of the day and date first above stated.
(Name of Race Team) (Name of Sponsor)
By: By:
(Signature of Managing Member) (Signature of Officer)
(Print or Type Name) (Print or Type Name)
(Office in Corporation)
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