CART, INC.
OFFICIAL ORGANIZER/PROMOTER AGREEMENT
MEXICO CITY, MEXICO
Final Contract
Mexico City Promoter Agreement
Final Contract
CART, INC.
OFFICIAL ORGANIZER/PROMOTER AGREEMENT
The undersigned hereby applies for the right to conduct a FedEx Championship
Series (herein sometimes referred to as "the Series") race Competition
sanctioned or co-sanctioned by CART, Inc.("CART"), upon the following terms and
conditions. It is understood that this is an application only until accepted and
approved by CART in writing and that this Competition shall not be advertised or
communicated to the public, press or any other media or business arrangement as
having been approved by CART until this application has been so approved and
until an official sanction has been granted by CART.
Track: Hermanos Xxxxxxxxx
Location: Mexico City, Mexico
Organizer/Promoter: Grupo Automovilistico Nacional
y Deportivo, S. de X.X. de C.V.
Address: 0000 Xxxxxx Xxx
Xxxxxxxx, XX 00000
and
Xxxxx xx xxx Xxxxxx 0000 - 0x Xxxx
Xxxxx xx Xxxxxxxxxxx, Xxxxxx, D.F.
11000
Telephone: (000)000-0000 and (000) 000-0000
Facsimile: (000)000-0000 and (000) 000-0000
E-mail Address: xxxxxxxxxx@xxx-xxxxxx.xxx.xx
Race Distance: TBD
Track Length and Type: Road Course
Postponed Date: Rain tires to be used, or, if rain
tires cannot be used, next
available clear day
DEFINITIONS:
A. The term "Competition" as used herein shall include the annual
Champ Car race(s) designated hereinabove, as well as all time
trials, practice runs and rain or postponed dates related
thereto.
B. The term "Event" as used herein shall include the
Competition(s) as well as any other race(s), race-related
activities or any other activities associated with the
Competition(s), as approved by CART hereunder.
C. The terms "Dollars" and "$" refer to the lawful currency of
the United States of America.
1
Mexico City Promoter Agreement
Final Contract
D. References in this Agreement to "FedEx" shall be to Federal
Express Corporation, and/or (where applicable) any successor
or additional Series title or co-title sponsor.
1. A. Subject to compliance with all the terms and conditions set
forth in this Agreement, Organizer/Promoter shall organize,
promote and conduct a FedEx Championship Series race
Competition at the location set forth above in the following
year(s): 2002-2006. CART acknowledges and agrees that the
right to organize, promote and conduct a FedEx Championship
Series Race Competition at the above location is exclusive to
Organizer/Promoter during the term of this Agreement and that
Organizer/Promoter shall have exclusive rights to a race in
Mexico within a geographic area of a 400 mile radius from the
racetrack facility listed above.
B. Organizer/Promoter and CART will mutually agree as to the date
for each race hereunder, which shall be scheduled during the
months of September, October, or November for the duration of
this Agreement. The parties agree not to schedule the 2002
Event before October, 2002. It is the intention of the parties
to schedule the two Mexican races in such a manner as one will
be toward the beginning of the CART season, and one will be
toward the end of the CART season each year. The parties agree
that they will exercise reasonable efforts to schedule the
races under this Agreement during the same weekend each year
and acknowledge the desirability of such date equity. If,
however, due to television and scheduling conflicts, in CART's
sole discretion it becomes necessary to schedule a race for a
different weekend, CART will exercise reasonable efforts to
notify Organizer/Promoter of such intention at the earliest
possible time.
C. Organizer/Promoter agrees not to organize, promote, conduct,
authorize or permit the staging of any other major motor
racing event(s) at the track(s) designated hereinabove,
without the written approval of CART, within the following
period of time either preceding or following any Competition
hereunder: two (2) weeks.
D. It is the intention of both CART and Organizer/Promoter to
establish a long-term relationship with a view to gaining the
greatest possible benefits for CART and Organizer/Promoter.
Therefore, provided Organizer/ Promoter is not in breach of
any provision of this Agreement, CART and Organizer/Promoter
shall commence good faith negotiations with a view to mutually
agree on terms and
2
Mexico City Promoter Agreement
Final Contract
conditions for the extension of this Agreement beyond the
Events covered hereunder. Such negotiations shall commence on
or about six (6) months following the 2004 Event and shall
continue on an exclusive basis for a period of six (6) months.
Organizer/Promoter is hereby granted a right to match any
offer received by a third party for the race in Mexico City
following the expiration of the exclusive period of
negotiation provided for herein.
E. In addition to the annual FedEx Championship Series
Competition to be conducted by Organizer/Promoter, the other
races to be held during each Event may include up to two (2)
support races to be provided by CART, at CART's sole
discretion and expense with no increase in the Organization
and Rights Fees from Organizer/Promoter.
F. In the event that the parties mutually agree that a third race
is to be conducted and sanctioned by CART in Mexico,
Organizer/Promoter is hereby granted a right of first
negotiation during the term of this Agreement. If the race
currently held in Monterey, Mexico is dropped from the CART
schedule, Organizer/Promoter shall have the right of first
negotiation to continue such race on terms to be mutually
agreed upon between the parties.
2. The total Organization and Rights Fee and Management Fee payable for
each of the 2002-2006 Competitions shall be Four Million ($4,000,000)
Dollars, which is comprised of two parts. The two parts are an
Organization and Rights Fee for each Competition of Two Million
($2,000,000.00) Dollars per annual race and a Management Fee for each
Competition of Two Million ($2,000,000.00) Dollars per annual race.
These amounts shall be paid to CART as follows:
A. One Million ($1,000,000) Dollars in a Management Fee to be
paid January 10 of each year.
B. Fifteen (15%) percent of the Organization and Rights Fee and
the remaining Management Fee, or Four Hundred Fifty Thousand
($450,000.00) Dollars not later than six (6) months prior to
the date of each race.
C. Thirty-five (35%) percent of the remaining Organization and
Rights Fee and Management Fee, or One Million Fifty Thousand
($1,050,000.00) Dollars not later than three (3) months prior
to the date of each race.
3
Mexico City Promoter Agreement
Final Contract
D. The balance due of One Million Five Hundred Thousand
($1,500,000.00) Dollars not later than thirty (30) days prior
to the date of each race.
3. Organizer/Promoter expressly understands and agrees that said
Organization and Rights Fees are intended to be net and are
non-refundable except as expressly provided in this Agreement. If said
Organization and Rights Fees are not paid to CART in the manner and by
the time provided above, CART shall have the option to declare this
Agreement terminated after a fourteen (14) day notice of
default/opportunity to cure, in which circumstance CART will be
relieved from any further liability or responsibility hereunder, and in
addition, Organizer/Promoter shall forthwith pay to CART and CART shall
be entitled to enforce collection of the total amount required under
this Agreement for the Competition for which such fees are not paid and
for the following year's Competition as liquidated damages, together
with all costs incurred by CART in connection therewith, including
reasonable attorney fees, and interest at the rate of prime plus three
(3%) percent per annum. Upon receipt in full of the amounts specified
in this Paragraph 3, CART acknowledges that the receipt of said sums
shall be CART's sole and exclusive remedy in the event CART terminates
this Agreement as provided in this Paragraph 3. Organizer/Promoter will
withhold any local or jurisdictional taxes required by law, but shall
cooperate fully with CART by complying with all reasonable requests of
CART in order to help CART to obtain a full foreign tax credit for CART
for such withheld amount. In the event that either the U.S. or Mexican
tax laws change during the term of this Agreement, the parties agree to
negotiate in good faith for the amount of withholding. In no event will
Organizer/Promoter be responsible for any taxes imposed by any taxing
authority on the income of CART.
4. Organizer/Promoter shall not be responsible for funding, paying or
distributing any award, purse or other compensation to any Event
participant. CART must approve any and all awards given in conjunction
with a Competition and/or for the FedEx Championship Series or any
other CART sanctioned activity. Organizer/Promoter agrees to provide
driver and owner trophies in recognition and representative of the
achievements of at least the first three (3) finishing positions in
each Competition.
5. A. CART shall be responsible for providing not less than twenty
(20) entrants for each Competition. If CART is unable to
provide twenty
4
Mexico City Promoter Agreement
Final Contract
(20) entrants for any Competition but has at least sixteen
(16) cars for that Competition, and Organizer/Promoter has not
exercised its option to cancel as set forth below, the
Organization and Rights Fee shall be reduced by $200,000 for
each car under twenty (20) but over fifteen (15). If CART is
unable to provide twenty (20) entrants for any Competition,
Organizer/Promoter shall have the option to cancel such
Competition, providing that Organizer/Promoter first informs
CART in writing of such intent, and provided further that
twenty (20) entries have not been received within seven (7)
days after receipt by CART of such notice. If
Organizer/Promoter under these circumstances exercises this
cancellation right, CART will reimburse Organizer/Promoter for
the portion of the Organization and Rights Fee theretofore
paid for such Competition.
B. Either party hereto shall have the right to cancel a
Competition due to a "force majeure" which makes it impossible
to hold a competition. "Force majeure" shall mean any event or
circumstances (whether arising from natural causes, human or
governmental agency or otherwise) beyond the control of the
parties including by way of illustration, but not by way of
limitation, strikes, lock-outs or other labor disputes, civil
strife, war, flood, fire, or acts of God. A force majeure
shall not be deemed to have occurred by reason of commercial
impracticability, increased financial cost, or temporary
adverse weather conditions. If there is an unexpected
cancellation due to a "force majeure" declared by the
Organizer/Promoter, Organizer/Promoter will be entitled to the
return of the portion of the Organization and Rights Fee
theretofore paid, except that Organizer/Promoter agrees that
CART may retain a sum equivalent to the necessary expenses
reasonably incurred by CART and its teams in preparing for
such Competition, provided, however, that where CART receives
not less than ten (10) business days notice of such unexpected
cancellation, the parties acknowledge that such expenses will
be primarily limited to actual CART and team out-of-pocket,
non-refundable expenditures, i.e., hotel deposits, airline
ticketing, car rental, other ground transportation
arrangements, etc., which expenses shall be mutually agreed by
the parties provided, however, that if the parties are unable
to agree informally as to the amount of such expenses, such
dispute shall be submitted to binding arbitration and the
result of such arbitration shall be enforceable by any court
having jurisdiction. In the event that a force majeure is
declared by CART, Organizer/Promoter shall be entitled only to
a refund of the Organization and Rights Fee, without any
expense or other additions.
5
Mexico City Promoter Agreement
Final Contract
C. If Organizer/Promoter cancels or fails to stage a Competition
for any reason other than those mentioned within this
Paragraph 5, Organizer/Promoter shall forthwith pay to CART
and CART shall be entitled to enforce collection of the total
amount required under this Agreement for the Competition that
was not held and the following year's Competition as
liquidated damages, together with all costs incurred by CART
in connection therewith, including reasonable attorney fees,
and interest at the rate of prime plus three(3%) percent per
annum. Upon receipt in full of the amounts specified in this
Paragraph 5C, CART acknowledges that the receipt of said sums
shall be CART's sole and exclusive remedy in the event
Organizer/Promoter cancels or fails to stage a Competition.
6. Except as expressly provided herein, Organizer/Promoter owns and shall
have exclusive control over all commercial rights to each Event
including by way of illustration, but not by way of limitation, the
right to sell and receive all the proceeds from Event sponsorships,
signage, admission tickets, programs, novelties, concessions (including
food and beverage), catering (including food and beverage), hospitality
facilities, expositions, displays, parking spaces, banquets and
licenses to parades, excluding the CART Transporter Parade.
7. A. Organizer/Promoter shall assume and perform all organizational and
promotional activities with CART's cooperation and support for each
Event except as otherwise provided herein, including but not limited to
business organization, promotional activity, management, marketing,
general affairs, selling tickets, track maintenance and accommodations
of the press, and further understands and agrees that CART disclaims
any warranty expressed or implied, as to the potential success of any
Event organized hereunder.
B. Organizer/Promoter shall, at its sole expense, promote the Events in
accordance with those reasonable standards as set forth by CART.
Organizer/Promoter further agrees to work with CART in the marketing
and promotion of the Events. In the event that the Events are not
promoted to the standard set forth by CART, CART may, in its sole
discretion, provide marketing and promotion of the Events in accordance
with the standards it has set at Organizer/Promoter's cost.
C. Notwithstanding the above, CART will market the Fed Ex Championship
Series in accordance with its overall marketing plan that will include,
on a series-wide basis or, in its sole discretion, Event-specific
basis, marketing, promotional advertising and publicity support. CART
and Organizer/Promoter acknowledge
6
Mexico City Promoter Agreement
Final Contract
that marketing programs may be conducted on a joint basis and that
costs for these programs will be divided upon mutually agreed upon
terms, with CART providing at least One Hundred Thousand ($100,000)
Dollars each year of this Agreement for such programs. In the event
that the majority of Organizer/Promoters of other CART events are
provided with co-promotion marketing funds, Organizer/Promoter shall
receive the same amount as the average of that provided to the
Organizer/Promoters of other CART events, in addition to at least One
Hundred Thousand ($100,000) Dollars for the joint marketing programs.
8. Organizer/Promoter shall organize and promote the races hereunder as
major motor racing events. Organizer/Promoter shall have the right to
on-site track entitlement, and revenues therefrom. On-site entitlement
is to designate the title/name of the Champ Car race and all CART
sanctioned support activities at the venue, subject to CART approval
which shall not be unreasonably withheld. Such title sponsorships must
not conflict with CART Series sponsors (presently FedEx) or co-Series
sponsors with a conflict existing if the conflicting sponsorships
involve entities whose primary and substantial business activities and
focuses compete with one another. The parties agree that during the
term of this Agreement, future CART Series Title or co-Title
sponsorships will not be sold in the following categories without the
mutual consent of the parties: Car, oil and gas, tires, telephone
(local wireless and long distance), tobacco, beer, and soft drinks. All
media releases, public announcements and public disclosures by either
party or its employees or agents relating to this Agreement, including
but not limited to promotional or marketing material, but not including
any announcement intended solely for internal distribution at either
party or any disclosure required by legal, accounting or regulatory
requirements beyond the reasonable control of the disclosing party,
shall be coordinated with and approved by the other in writing prior to
the release thereof.
9. A. CART hereby grants Organizer/Promoter the non-exclusive right
to use the names and logos of CART and the FedEx Championship
Series in its promotion of each Event during the term hereof,
in accordance with all provisions contained in this Agreement.
Any logo, design, xxxx or representation made, formulated, or
developed in conjunction with such Event shall be subject to
the prior written approval of CART. CART shall indemnify and
hold Organizer/Promoter harmless from any claims or actions by
third parties alleging trademark infringement against any
logos and marks provided by CART for Organizer/Promoter's use
pursuant to this
7
Mexico City Promoter Agreement
Final Contract
Section 9.
In consequence, Organizer/promoter will use the names, logos
and trademarks of CART and the FedEx Championship Series, and
CART represents that such trademarks and logos are registered
in accordance with United States and Mexican law.
B. Organizer/Promoter shall display in all advertising and
publicity material including but not limited to news releases,
posters, banners, program covers, brochures, tickets, passes,
promotional items, credentials and print and television
advertising relating to each Event the phrase: "FedEx
Championship Series" and the Series logo, as well as the CART
name and logo (as approved and supplied by CART). CART
reserves the right to change such phrases and logos, with
notice provided to Organizer/Promoter on or before February 1
of the year of the race, and allowing for a reasonable
change-over period.
C. Organizer/Promoter shall include in its display of the Series
name and logo and the CART name and logo the symbol (R) to
indicate that they are registered marks. A CART style guide
depicting these logos shall be provided by CART. Further, in
promoting and advertising each Event, Organizer/Promoter shall
promote the Competition as a part of the FedEx Championship
Series or as otherwise designated by CART. Organizer/Promoter
shall provide such verification of compliance with the
provisions contained in this Paragraph 9 as CART may
reasonably request.
D. Organizer/Promoter shall not use the names, logos or
trademarks of CART or any Series sponsor for any purpose other
than as herein defined.
E. Upon the expiration or termination of this Agreement for any
reason, Organizer/Promoter shall cease and desist any and all
use of the names, logos or trademarks of CART or any Series
sponsor or any colorable imitation, variation or adaptation
thereof.
F. CART and Organizer/Promoter shall at CART's expense promptly
take such action as may be necessary to protect the names,
logos and trademarks of CART, the Series, and the Series
sponsors against any infringement or threatened infringement
or any common law "passing off".
G. The trademarks, trade names, logos, label designs, product
8
Mexico City Promoter Agreement
Final Contract
identification and artwork of each party as referred to herein
(collectively "Trademarks") shall remain the property of such
party. Any and all rights in each party's Trademarks under
trademark or copyright law or other property rights shall
inure to the benefit of and be the exclusive property of such
party. Neither party shall file any application for
registration of the other's Trademarks or other intellectual
property or any marks or works similar thereto.
10. A. Organizer/Promoter agrees that each Competition shall be
organized, approved by CART and conducted in accordance with
all applicable statutes, ordinances, regulations or other
requirements of any government authority, the FIA (CART shall
determine in its sole discretion the applicability of FIA
requirements and will communicate those requirements to
Organizer/Promoter on a reasonably timely basis), and the CART
Rule Book as amended from time to time and as the same may be
modified or supplemented by any other rules, regulations,
bulletins or releases that may be applicable to such
Competition. , Organizer/Promoter shall be responsible for
ensuring that all proper listings and affiliations with its
ASN of jurisdiction are obtained in advance of each
Competition. CART reserves the right to terminate this
Agreement at any time without further liability for failure of
Organizer/Promoter to abide by said requirements, regulations,
rules, or the terms and conditions of this Agreement, by so
notifying Organizer/ Promoter in writing, upon a five (5) day
notice of default/opportunity to cure, unless the
circumstances of the default mandate a more immediate cure, or
do not warrant any cure period. CART shall notify Organizer/
Promoter in writing of any alleged default and
Organizer/Promoter shall have five (5) days after receipt of
such notice to cure the default, provided, however, if the
nature of the default is such that it cannot reasonably be
cured within five (5) days, Organizer/Promoter shall not be
deemed to be in default if it commences the cure within such
five (5) day period and thereafter completes the curative
action within a reasonable time, as determined by CART.
Organizer/Promoter acknowledges receipt of a copy of the CART
Rule Book.
All the specifications and recommendations from FIA mentioned
in this agreement shall be communicated by the CART Chairman,
Chief Executive Officer, Senior Vice President of Racing
Operations, or Vice President of Race Operations of CART, in a
reasonably timely manner.
B. Organizer/Promoter shall be responsible for any licensing
fees,
9
Mexico City Promoter Agreement
Final Contract
bonds, permits, or any other enabling documents and any
associated costs required by any government agencies as
related to any or all Event matters.
11. Organizer/Promoter represents and warrants that it has or will have
sole control of the track and of the premises upon which the track is
located, including all facilities thereon, and that Organizer/Promoter
has full authority to conduct each Event thereon as provided for herein
for the defined scheduled term of each Event.
12. A. Organizer/Promoter shall provide at its expense during each
Event the track or race course which must meet or exceed the
safety requirements of CART and the FIA and all facilities in
good repair and ready for use, and Organizer/Promoter shall
permit CART or its insurance broker or other designated
representative, and the FIA to inspect the track, race course
and/or facilities before, during and after each Event. All
reasonable repairs deemed necessary by CART in its sole
discretion in order for the track to meet CART and/or FIA
safety requirements must be made at Organizer/Promoter's
expense and the failure to make the necessary repairs may
result in the postponement or cancellation of such Event, in
CART's sole discretion. The track site, design and condition
shall be subject to review and approval by CART and the FIA.
Organizer/Promoter and CART shall consult with one another on
the layout and design of the track, including but not limited
to the pit area, safety barriers, retention systems, and other
facilities for the Competition.
B. Annually, at least seven (7) months prior to each Event,
Organizer/Promoter shall submit an engineering drawing(s) of
proposed changes to the race circuit and other facilities for
CART's approval. CART will have thirty (30) days to
acknowledge approval or request changes. Such drawings are to
be treated as confidential, for use by CART as contemplated
under this Agreement, and shall not be copied, disseminated
(without Organizer/Promoter's prior consent, which shall not
be unreasonably withheld), or used for any commercial purpose,
subject to any required disclosure pursuant to Paragraph 41
below. CART shall have the right to inspect the circuit for
the purpose of verifying that the circuit is being constructed
in accordance with the drawings as submitted and approved.
Within sixty (60) days after the execution of this Agreement,
CART and
10
Mexico City Promoter Agreement
Final Contract
Organizer/Promoter shall mutually agree on the specific track
and facility improvements to be implemented for the first
Event covered by this Agreement, and a written summary thereof
shall be prepared and appended hereto. Thereafter, a similar
process shall occur within sixty (60) days following each
Event, in respect to improvements or adjustments to be
implemented for the following year's Event.
C. Organizer/Promoter shall be responsible for compliance with
all environmental issues associated with this Event.
13. A. Organizer/Promoter shall provide at its expense such
facilities as CART deems adequate for the use of CART
personnel and those directly associated with the Event,
including but not limited to race control facilities, garage
areas, team and supplier work areas, facilities for
participant registration, television, scoring, race car
inspection, compiling and distributing media information, a
media work area, and facilities and services as may be
reasonably required by those who supply products and/or
services for the Event. Further details of these and other
operational and facility requirements of Organizer/Promoter
are agreed to as outlined in SCHEDULE A attached hereto and
made a part hereof. Failure to comply with all applicable
requirements may result in a fine, which may be levied by CART
in its sole discretion, subject to a reasonable notice of
default/opportunity to cure. Such fine shall be reasonably
related to the magnitude of the requirement(s) with which
Organizer/Promoter failed to comply, and any fine in excess of
Fifty Thousand ($50,000.00) Dollars shall be subject to the
appeal provisions set forth in the CART Rule Book.
B. Organizer/Promoter at its expense shall provide, install and
maintain the equipment necessary to operate CART's Timing and
Scoring system, in accordance with the specifications supplied
by CART and its timing and scoring provider. Subject to CART
obtaining such a provider or sponsor at least six (6) months
prior to each event, Organizer/Promoter will provide CART's
timing and scoring provider or sponsor, free of charge at the
start/finish line, on the Timing and Scoring structure and at
least one other prominent location, space to affix and display
the logo and/or officially designated status of CART's timing
and scoring provider or sponsor, such signage production costs
to be borne by CART. In the event CART has such a provider or
sponsor at least six (6) months prior to each event,
11
Mexico City Promoter Agreement
Final Contract
Organizer/Promoter shall not sell or secure any timekeeping
sponsorship which would be in effect during any CART Event.
Notwithstanding the above, Organizer/Promoter shall have the
right to sell or secure any watch sponsorship at any time,
provided that it will not be at the finish line, and it will
not be considered the official time of the race it.
14. Organizer/Promoter shall at its expense furnish all facilities,
personnel, equipment, security, and services for accommodating and
controlling the public during each Event, for whose safety and comfort
Organizer/Promoter is solely responsible and liable.
15. A. Organizer/Promoter shall provide at its expense all necessary
personnel as required by CART for the conduct of each
Competition hereunder (other than the CART staff and
officials), and Organizer/Promoter shall assume all the
responsibilities pertaining to workers, volunteers and
subcontractors necessary to properly staff the facility for
the purposes of the Competition and the public for each Event
weekend.
B. CART and Organizer/Promoter shall mutually agree to a
communications plan, to be provided at Organizer/Promoter's
expense. Such Plan shall include translators and translations
as may be reasonably requested by CART and its teams, for
their operations while in Mexico and the conduct of each
Competition.
16. Organizer/Promoter at its expense shall obtain and maintain insurance
for each Event and all scheduled activities with an insurance company
approved by CART. Such insurance must conform to the minimum coverages,
specifications, limits, etc., as set forth in SCHEDULE B attached
hereto and made a part hereof. If Organizer/Promoter fails to maintain
such policies with the required minimum coverage throughout the Event,
CART may cancel such Event immediately with prior notice to
Organizer/Promoter, subject to a reasonable notice of
default/opportunity to cure, or CART may, in its discretion, obtain the
required insurance from an approved insurance company, with acceptable
terms, at Organizer/ Promoter's expense.
12
Mexico City Promoter Agreement
Final Contract
17. Only those individuals approved by CART or Organizer/Promoter,
including but not limited to appropriate staff and officials of CART
and Organizer/Promoter, drivers and other crew members and necessary
fire, wrecker, ambulance and security crews, shall have access to or be
allowed in the paddock, garage and pit areas, the racing surface, and
other areas to which admission by the general public is normally
prohibited during the Event, and Organizer/Promoter shall be solely
responsible and provide sufficient security personnel in such areas to
enforce this provision at all times during each Event. Such access must
be in compliance with the CART Rule Book and may not interfere with or
adversely affect the Competition.
18. Organizer/Promoter shall honor CART's Unified Credential System and
shall comply with the facility access provisions implemented by CART,
as set forth in SCHEDULE C attached hereto and made a part hereof, and
as the same may be amended by future discussions and concurrence
between CART, Organizer/Promoter and CART's race promoters.
19.
A. CART shall have the exclusive right to contract out or to take
or cause to be taken by others, make, broadcast, rebroadcast,
use, reproduce, transmit, copyright, sell, license or
otherwise dispose of for any purpose whatsoever, television
pictures, sound film and tape, motion pictures, still
photographs, illustrations, graphics, electronic images and
sound of each Event by any and all means, uses and media, now
known or hereafter developed, and the right to use the track
PA system audio on the CART web site XXXX.xxx. CART shall
retain all United States national, international and local
broadcast rights including broadcast television, cable and
radio. Organizer/Promoter will assure that the presence of
personnel and equipment for these or similar purposes shall
not be inconsistent with the rights of CART herein provided
and shall not interfere or conflict with the exercise of any
such rights by CART as herein provided.
B. CART shall have the non-exclusive right to market for any
commercial merchandising purposes the name, identity, layout,
likeness, appearance, signage and logo(s) of the track, on a
13
Mexico City Promoter Agreement
Final Contract
composite basis with other tracks where CART races are
conducted, provided, however, that any use of such images for
commercial product licensing purposes shall be pursuant to a
separate licensing agreement to be negotiated.
C. Organizer/Promoter shall be entitled to receive footage and
photographs for promotional purposes, subject to the then
prevailing production cost.
D. Organizer/Promoter shall provide at least one entertainment
event, which shall be defined as a concert or other similar
undertaking, for each race held under this Agreement. The act
for the entertainment event shall be at the sole discretion of
the Organizer/Promoter. If broadcast rights are available for
such entertainment event, the parties shall mutually agree
upon the distribution and financial terms for such rights.
Should they be available, the parties shall exercise all
reasonable efforts to obtain world wide television rights to
the entertainment event.
E. The parties acknowledge Organizer/Promoter's desire to obtain
the television rights for Mexico, and CART agrees to negotiate
in good faith with Organizer/Promoter for Mexican television
rights for broadcast of the Series during the term of this
Agreement.
20. Organizer/Promoter recognizes and acknowledges that CART has entered or
intends to enter into a television contract with a United States
national broadcast or United States cable network and international
networks for the coverage of each Competition hereunder.
A. Detailed operational and facility requirements of
Organizer/Promoter in respect to television and other on-site
media are identified in SCHEDULE A.
B. CART has arranged with the television production companies
(subject to network approval) to provide the video portion of
the program feed from the mobile unit to Organizer/Promoter,
so that Organizer/Promoter may feed the video signal as a
courtesy to the medical center, stewards trailer (with
monitor), CART business center, operations trailer (with
monitor), media center and hospitality suites. This feed is
limited to on-site press and hospitality use only. Any other
feeds to hotels, bars, or other establishment(s) whether
on-site or off, are strictly prohibited, unless
14
Mexico City Promoter Agreement
Final Contract
approved in writing by CART or the television production
company. Organizer/ Promoter shall be responsible for the
installation and maintenance of appropriate cable originating
at the television compound which will then feed the system.
Maintenance and operation of the system is the sole
responsibility of Organizer/Promoter.
C. CART and Organizer/Promoter agree that it is in the best
interest of the sport, its promoters and sponsors to have the
same on-site and United States television title sponsor. CART
and Organizer/Promoter recognize and agree that all United
States television entitlements are derived from a privilege
granted by the United States television network and are
subject to United States network approval. In the event
Organizer/Promoter provides CART with a United States
television entitlement sponsor, such sponsor must be provided
to CART at least four (4) months prior to an Event. In
addition such sponsor shall agree to: (i) purchase one (1) of
several commercial unit package options for either United
States network or cable coverage to be published by CART or
its designee each year, (ii) enter into a negotiated agreement
with CART or its designee, or (iii) guarantee a payment for
entitlement in return for which Organizer/Promoter will
receive eight (8) thirty (30) second commercial units to
package with its on-site title. The published rate option
packages and payment option will be made available to
Organizer/Promoter at least one (1) year in advance.
D. Organizer/Promoter may, at its option, and subject to approval
by CART or its designee and the appropriate network, elect to
guarantee over-the-air United States broadcast network
coverage of its Event, by notice provided at least four (4)
months in advance of each Event. In this event
Organizer/Promoter will be required to provide a United States
television title sponsor subject to: (i) purchase of one (1)
of several published minimum commercial unit packages, (ii)
enter into a negotiated agreement with CART or its designee,
or (iii) guarantee a payment for entitlement to be determined
each year. In the payment option (iii) Organizer/Promoter will
receive eight (8) thirty (30) second units in the telecast to
package with its on-site title.
E. In the event Organizer/Promoter does not provide CART with a
United States television entitlement sponsor or to guarantee
over-the-air United States broadcast network coverage at least
four (4) months prior to each Event, then CART or its designee
shall have the option to secure a United States television
entitlement sponsor which need not be the same as the on-site
entitlement sponsor. CART
15
Mexico City Promoter Agreement
Final Contract
acknowledges the importance of the on-site entitlement sponsor
and agrees to use reasonable efforts to provide a television
entitlement sponsor that is not in conflict with the on-site
sponsor.
F. CART and Organizer/Promoter agree that the policies and terms
set forth as a condition of both United States and
international television coverage of this Event may change
from time to time, and, therefore, the United States and
international television agreement may supersede portions of
this Agreement in connection with television rights. In the
event that the United States and international television
agreement supersedes such portion of this Agreement, CART will
immediately notify Organizer/Promoter and work toward a
mutually agreed upon solution.
21. Organizer/Promoter retains all rights to sell Event Sponsorships.
However, Organizer/Promoter recognizes and acknowledges that CARThas
the right to contract for official sponsors for the FedEx Championship
Series, which are defined as sponsors of the sanctioning body, and
which need not coincide with specific Event sponsors. Sponsors of the
sanctioning body will not have any commercial event rights other than
what is defined in this Agreement. In the event such sponsorships are
sold with commercial elements that are under the control of
Organizer/Promoter, not including tickets and hospitality, CART and
Organizer/Promoter shall mutually agree to the inclusion of those
elements, such approval on the part of Organizer/Promoter not to be
unreasonably withheld, and the cost of those elements to be set at
rates equal to the market rates offered by Organizer/Promoter to others
for similar packages.
22. A. CART or its designee shall have the exclusive right to provide
any and all pace cars throughout the entire Event. In
addition, only pace cars provided by CART or its designee
shall be allowed to participate in the parade laps immediately
preceding the start of the Champ Car race. Further details of
these and other responsibilities of Organizer/Promoter to CART
and/or a co-Series sponsor to be designated by CART are agreed
to as outlined in SCHEDULE D attached hereto and made a part
hereof.
B. The Events shall be included in the FedEx Series sponsorship
and marketing program, in each year such Event(s) are
conducted pursuant to this Agreement, including extensions
and/or renewals
16
Mexico City Promoter Agreement
Final Contract
thereof, provided the FedEx Series Sponsorship Agreement is
then in full force and effect Details of the FedEx sponsorship
and marketing program and the responsibilities of
Organizer/Promoter to FedEx are agreed to as outlined in
SCHEDULE G attached hereto and made a part hereof.
23. A. The parties shall work together to create a mutually
acceptable schedule of activities. However, Organizer/Promoter
agrees that the scheduled CART sanctioned activities during
each Event shall have priority over any other race or other
activity scheduled during such Event. Organizer/Promoter will
not schedule any supporting races, tests, or ancillary
activities on the same day as registration or inspection, or
on any other day during an Event, without prior written
approval of CART. Further details of these and other
scheduling considerations/requirements are agreed to as
outlined in SCHEDULE E attached hereto and made a part hereof.
B. Organizer/Promoter acknowledges that current CART regulations
prohibit testing by CART teams at facilities outside the
United States and agrees to abide by this regulation.
24. CART and Organizer/Promoter shall work together to conduct
grid/pre-race activities which shall include but are not limited to the
pole awards, other contingency award activities, driver introductions,
etc.
25. The parties shall work together to create appropriate Victory Circle
facilities and proceedings. However, CART shall maintain ultimate
control of the Victory Circle location, facilities and proceedings.
Details of these proceedings and the requirements of Organizer/
Promoter in regard thereto are agreed to as outlined in SCHEDULE F
attached hereto and made a part hereof.
26. CART shall have reasonable access to the PA system in order for CART to
fulfill its contractual obligations to its sponsors and inform
participants and spectators of activities during the Event. All such
CART sponsor announcements shall be made on a composite basis except
where
17
Mexico City Promoter Agreement
Final Contract
otherwise provided for by contractual agreements between the Series
Title or Co-Title sponsors and CART, or between MCI Worldcom and CART.
27. A. CART or its licensed representative, shall have the right to
sell official licensed CART merchandise from its own temporary
concession facility and/or a facility supplied by the
Organizer/Promoter as determined by CART. Official Event
Concessionaire locations notwithstanding, CART or its licensed
representative shall be given a priority choice for any and
all of its vendor locations which shall be in a prominent,
high-traffic location, generally near the paddock area. CART
or its licensed representative shall pay to the
Organizer/Promoter for each location including associated
credentials and any required services, the lesser of the then
current market price or a single fee of One Thousand Five
Hundred ($1,500.00) Dollars. Sales information shall be
confidential and proprietary property of CART or its licensed
representative.
B. Selected items of CART merchandise, at the discretion of CART,
may be offered to the Organizer/Promoter for sale in its
concession facilities at terms to be agreed upon by the
parties in writing in advance.
C. Organizer/Promoter shall include at its cost a CART Licensed
Products advertisement in the official race program. A CART
style guide shall be provided by CART or its licensed
representative.
D. CART and Organizer/Promoter agree to manufacture and
distribute merchandise bearing the marks of both CART and the
Event. Such cross-licensed merchandise may be offered for sale
through CART and Organizer/Promoter controlled vendor
locations as agreed upon by the parties. CART and its
licensees shall also have the opportunity to sell such
cross-licensed merchandise to off-track retailers. The parties
agree to split royalty fees on such cross-licensed merchandise
according to their mutual agreement based good faith
negotiations.
E. CART logos and trademarks including but not limited to all
Series logos and marks, sanctioning body logos and marks, and
any other CART or CART related logos and marks may not be used
by Organizer/Promoter on any merchandise intended to be resold
to the public whatsoever without express advance written
approval of CART.
18
Mexico City Promoter Agreement
Final Contract
F. It is Organizer/Promoter's responsibility to insure that any
and all concessions and/or merchandise is properly licensed.
In the event that CART discovers any unlicensed products, it
will have the right to take appropriate action in its sole
discretion, at CART's expense.
G. All CART Champ Car teams will be afforded the opportunity to
sell merchandise within the confines of the race facility. All
teams will be in a prominent, high-traffic location.
Participating teams will pay a rights fee for the location,
which fee shall be (i) consistent with the then current market
price and (ii) no less favorable than the terms and conditions
provided to other vendors located within the same area.
H. This Section 27 shall supersede all related terms of any
Organizer/ Promoter standard Vendor Agreement.
28. In conjunction with the CART Winner's Circle Club, Organizer/Promoter
shall provide at its expense:
A. Limited access to restricted areas for club members during
group tours and club functions.
B. Inclusion of a CART Winner's Circle Club advertisement in the
official race program. Camera ready art shall be provided by
CART or its designee.
C. Covered facility for meetings with a proper PA system (size to
be specified by CART).
29. Organizer/Promoter shall cooperate with CART in its spectator research
efforts, including but not by way of limitation allowing CART
representatives access to spectators for personal interviews and
questionnaire distribution and inclusion of a CART questionnaire in the
official race program, for which camera ready art will be provided. The
results of such research shall be made available without cost to
Organizer/ Promoter.
30. A. It is acknowledged that in addition to the FedEx Series
sponsorship
19
Mexico City Promoter Agreement
Final Contract
and marketing program, CART shall have the right to sell
series-wide sponsorship packages, which are defined as
sponsorship packages for all tracks as well as the sanctioning
body, and which are agreed to by all Organizer/Promoters of
the FedEx Championship Series. Such series-wide sponsorships
shall be sold with consistent commercial elements which are
under the control of each Organizer/Promoter participating in
the Series. In the event series-wide sponsorships are sold,
the parties agree that the following may be an outline of
those elements which may be provided at an amount to be
mutually agreed upon, following good faith negotiations:
- Series-wide product category exclusivity;
- Twenty Thousand ($20,000.00) Dollar
hospitality credit which can be applied to
facility, food and beverage;
- Acknowledgment by Organizer/Promoter as an
Event sponsor, with such recognition to
include all entitlements normally afforded
an associate Event sponsor;
- Inclusion in the Event press kit;
- One full page, four-color advertisement in
the Event souvenir program;
- One page of editorial in the Event souvenir
program;
- One 40' x 40' expo/sampling space;
- Twenty (20) big screen messages (street
courses only);
- Twenty (20) public address announcements
over Event weekend;
- One Hundred (100) grandstand admission
tickets;
- One Hundred (100) restricted area
credentials;
- Track side signage, which receives
significant exposure to the global
audience; CART and Organizer/Promoter to
agree on size and placement;
All costs associated with the design and production of the
advertising page and wall signs shall be borne by Sponsor.
B. Organizer/Promoter shall provide CART with two (2) pages in
the Event Program without charge for CART's own use. CART's
placement of advertising within the Program shall be sensitive
to Organizer/Promoter's existing commercial and promotional
relationships.
C. Organizer/Promoter recognizes that each participating team has
a race sponsor. Organizer/Promoter agrees that each team may
place its team name and sponsor(s) on both sides of the wall
in the team's
20
Mexico City Promoter Agreement
Final Contract
assigned pit box, subject to applicable governmental laws and
regulations.
31. Organizer/Promoter shall provide CART at no cost, a preferred location
pit row suite or other mutually agreed upon hospitality provisions for
not less than forty (40) guests per day. Hospitality provisions will
include food and beverage (alcoholic and non-alcoholic) as associated
with pit suite participation, at CART's expense.
32 A. If appropriate as determined by CART in its sole discretion, each
Competition shall appear on the FIA calendar as a full international
FIA event, subject to second paragraph of section 10A. Organizer/
Promoter agrees to file this listing through CART and reimburse CART
for all applicable listing fees For events not run under the
jurisdiction of ACCUS, it is the responsibility of Organizer/Promoter
to obtain the appropriate full FIA international listing through its
ASN of jurisdiction, subject to second paragraph of section 10A.
B. The parties acknowledge that the facility is being constructed and
designed to host the CART Events as contemplated herein. In order to
ensure that the facility shall be ready and available, as required for
the hosting of such events, the parties have agreed to the construction
schedule as stated in SCHEDULE H attached hereto and made a part
hereof. In the event a completion date is not met, CART may, in its
sole discretion, either terminate this Agreement without further
obligation, take over that portion of the construction at
Organizer/Promoter's cost, or agree upon a revised mutual schedule for
the completion of the item, unless such completion date has been
prevented by an event of force majeure.
33. Organizer/Promoter agrees to indemnify and hold harmless CART, its
directors, officials and officers, participants, agents and employees,
members and sponsors from any and all liabilities including liability
resulting from negligence of the same and all costs and expenses,
including attorneys fees incurred in the defense thereof, asserted or
imposed upon CART, its directors, officials, official representatives,
employees, officers, members and sponsors arising out of or as a result
of an Event hereunder, directly or indirectly, and whether any such
claim or liability arises before, during or after the Event, excluding
liabilities, costs or expenses arising out of the negligence or gross
misconduct of Indemnitees, or a breach of this
21
Mexico City Promoter Agreement
Final Contract
contract by CART.
34. Organizer/Promoter agrees not to take any action adverse to the
interest of CART and, in consideration of the acceptance and approval
of this Agreement, releases and discharges CART and its officials and
representatives from all liability for personal injury that may be
received, and from all claims and demands for damages to real or
personal property or to any person growing out of or resulting from an
Event hereunder, whether caused by any construction or condition or any
track or track equipment, cars or debris, or resulting from any act or
failure of any official or any person assisting the officials serving
in connection therewith, excluding liabilities, damages, costs or
expenses arising out of the negligence or gross misconduct of CART or
its officials or representatives or a breach of this contract by CART .
.
35. Nothing contained herein shall be construed to place CART in the
relationship of a partner or joint venturer with Organizer/Promoter,
and Organizer/Promoter shall have no power to obligate or bind CART in
any manner whatsoever other than as specifically provided for herein.
Neither party undertakes by this Agreement to perform any obligations
of the other, whether regulatory or contractual, or to assume any
responsibility for the other's business or operations.
36. A. The validity, interpretation and construction of this
Agreement shall be governed and construed by the laws of the
State of Michigan.
B. In the event a dispute arises under this Agreement which
cannot be resolved, such dispute shall be submitted to
arbitration and resolved by a single arbitrator (who shall be
a lawyer) in accordance with the Commercial Arbitration Rules
of the American Arbitration Association then in effect. All
such arbitration shall take place at the office of the
American Arbitration Association located in Los Angeles,
California, The award or decision rendered by the arbitrator
shall be final, binding, and conclusive and judgment may be
entered upon such award by any court.
22
Mexico City Promoter Agreement
Final Contract
37. This Agreement is not transferable or assignable. Any transfer or
assignment in violation of this provision shall be void. A transfer of
more than forty-nine (49%) percent of the voting stock or other
controlling interest in Organizer/Promoter, in one or more transactions
(other than to the subsidiaries or affiliates of the Parties, legal
spouse, heirs, next-of-kin or estate of a deceased transferor, or a
deceased principal of a transferor), without CART's prior written
approval, is deemed to constitute a transfer. A transfer of less than
forty nine (49%) percent may also constitute a transfer for such
purposes, if coupled with the imposition of super majority voting
requirements, so as to effectively result in a change in controlling
interest. In the event that a prohibited transfer or assignment is
attempted, such action will not be effective, and CART may elect to
terminate this Agreement effective immediately.
38. Any notice or written communication required or permissible hereunder
shall be sent by registered mail (or certified mail with return
receipt), postage prepaid, addressed as follows:
To CART: To Organizer/Promoter:
Championship Auto Racing Teams, Inc. Grupo Automovilistico
Nacional y
000 X. Xxx Xxxxxx Xxxx, Xxxxx 000 Xxxxxxxxx, X. de X.X. de C.V.
Xxxx, XX 00000 c/x Xxxxxxxx Racing
Attn: Xxxxxxx X. Xxxxxxxxx, Esq. 0000 X. Xxxxxx Xxxxxx
Xxxxxxxx, Xxxxxxxx 00000
Attn: Xxxx X. Xxxxxx, Esq.
c.c.p.
Corporacion Interamericana de
Entretenimiento, S.A. de C.V.
Xxxxx xx xxx Xxxxxx 0000
Xxxxx xx Xxxxxxxxxxx,
Xxxxxx, D.F. 11000
Attn: Xxxxxxxxx Xxxxxxxxx,
General Counsel
39. A. This Agreement (including the Schedules annexed hereto)
contains the entire agreement of the parties hereto and no
representations, inducements, promises, or agreements, oral or
otherwise, not
23
Mexico City Promoter Agreement
Final Contract
embodied herein shall be of any force or effect. This
Agreement may be modified only upon the written consent of the
parties hereto.
B. No waiver by either party, whether expressed or implied, of
any provision of this Agreement or any breach or default shall
constitute a continuing waiver thereof.
C. Except as specifically otherwise stated, each and every of the
rights, remedies and benefits provided by this Agreement shall
be cumulative, and shall not be exclusive of any other said
rights, remedies and benefits, or of any other rights,
remedies and benefits allowed by law.
D. If any provision in this Agreement is held to be invalid or
unenforceable, it shall be ineffective only to the extent of
the invalidity, without affecting or impairing the validity
and enforceability of the remainder of the provision or the
remaining provisions of this Agreement.
40. The parties acknowledge the importance of each party's reputation, good
will and public image and, accordingly, agree to maintain and enhance
such image by restraining from taking any action contrary to the best
interest of either party, or detracting from the reputation of either
party. Each party shall refrain from making any statements about the
other party that adversely affects, casts in an unfavorable light, or
otherwise maligns the business or reputation of such other party or any
of its principals.
41. At all times, the terms and conditions of this Agreement are
confidential to CART, Organizer/Promoter, their parent companies and
their respective subsidiaries, and shall not be disclosed to any other
entity or individual without the other party's prior written consent.
Notwithstanding the foregoing, disclosure may be made if necessary to
enforce a party's rights under this Agreement, or if required by any
securities or other law or regulation or by a governmental agency, in
which case any and all documents, information, or materials disclosed
shall be marked "confidential" and such party shall seek confidential
treatment of such information.
42. A. Organizer/Promoter and CART agree to consult, assist, and
24
Mexico City Promoter Agreement
Final Contract
coordinate with the applicable Mexican/United States customs
services, taxation, provincial, state, local government or
other authorities to facilitate the entry into Mexico of the
participating racing team members as well as the CART
officials and staff members, and the exportation from the
United States, the importation into Mexico, the exportation
from Mexico and the importation into the United States, of the
race cars and all related equipment and other items necessary
for temporary use in Mexico in respect of the events to be
conducted under this Agreement. Further in this regard, CART
shall cooperate and comply with, and cause each racing team
and their respective members to cooperate and comply with all
directions, procedures, information, requests, etc., of the
above mentioned authorities.
B. Organizer/Promoter shall pay, when due, or secure the payment,
by means of a bond or other undertaking which shall be at
Organizer/Promoter's expense, of any customs duties, import or
export duties and sales or use tax or any other governmental
fee(s) which at any time are imposed, assessed, levied or
charged on or upon Organizer/ Promoter or CART or any team by
the Mexican customs service (or other agency) or the United
States Customs Service (or other agency) in respect of the
race cars and all related equipment and other items necessary
for temporary use in Mexico in respect of the Events to be
conducted under this Agreement, and shall provide to CART
within forty-five (45) days of the conclusion of the Event a
copy of the notice of assessment of duties or taxes issued by
the Mexican customs service (or other agency) or the United
States Customs Service (or other agency) in respect thereof.
43. The following Schedules are attached hereto, incorporated herein by
reference as though set forth in their entirety in this Agreement, and
labeled as follows:
SCHEDULE A - OPERATIONAL, MEDIA, AND OTHER FACILITY/SUPPLY
REQUIREMENTS
SCHEDULE B - INSURANCE REQUIREMENTS
SCHEDULE C - UNIFIED CREDENTIAL SYSTEM AND FACILITY ACCESS
PROVISIONS
SCHEDULE D - CO-SERIES SPONSOR AND OFFICIAL PACE CARS
SCHEDULE E - EVENT ACTIVITIES
SCHEDULE F - POST RACE PROCEDURES/ACTIVITIES
SCHEDULE G - FEDEX SPONSORSHIP AND MARKETING PROGRAM
25
Mexico City Promoter Agreement
Final Contract
SCHEDULE H - CONSTRUCTION REQUIREMENTS
Any person or organization having responsibility in the organization, promotion
or staging of any Competition, whether by contract or otherwise, shall co-sign
this Agreement and shall be jointly responsible hereunder. Organizer/Promoter
and the undersigned warrant and represent that Applicant has the full right and
authority to enter into and perform this Agreement, and that the execution and
delivery of this Agreement has been duly authorized by all necessary
governmental and/or corporate action.
Date: November 2, 2001 /s/
--------------------- --------------------------------------
Ocesa
By: /s/ Xxxxxxx Xxxxxxxx
------------------------------
Its: COO
-----------------------------
Date: November 8, 2001 /s/
--------------------- -----------------------------------
Xxxxxxxx Racing
By: /s/ Xxxxxx X. Xxxxxxxx
-----------------------------------
Its: Chairman
-----------------------------------
CART APPROVAL
The foregoing application is hereby approved and accepted in accordance
with the terms stated therein.
Date: November 20, 2001 CART, Inc.
-----------------------
By: /s/
---------------------------------
Its: Chairman/CEO
------------------------------
26
SCHEDULE "A"
OPERATIONAL, MEDIA, AND OTHER
-----------------------------
FACILITY/SUPPLY REQUIREMENTS
----------------------------
Pursuant to the Agreement, Organizer/Promoter shall provide at its
expense except as otherwise specifically provided the following
additional items. The specific items listed in this Schedule A reflect
minimum requirements for certain areas, and should not be construed as
inclusive of all necessary items Organizer/Promoter must provide.
A. MEDIA AREAS
-----------
GENERAL SET-UP REQUIREMENTS:
- The deadline for having the press facility fully operational
is 5:00 p.m. on the day prior to the commencement of CART
on-track activities. Among those items that must be fully
operational include: televisions in place with cable hookups;
all seats assigned with placards in the deadline media area
with help from CART Public Relations staff; all telephones are
in place, have service and are operational; unrestricted phone
lines with instruments for CART are in place and operational
with no restrictions; all media-related bins and press-kit
tables are in place as well as labeled, if need be; power
supplies are in place and working throughout; press conference
area is operational in regard to setup of microphones, sound
system, speakers, lectern, scaffolding and media seating.
- The auxiliary and/or photo press room also must be fully
operational with all the above items located in the main area
and staffed with track representatives.
- It is required that a track public relations representative is
at the media center the day prior to the commencement of CART
on-track activities.
- The track will provide runners to retrieve daily statistical
information from Omega Timing and Scoring. The person(s) and
procedure must be in place on the day prior to the
commencement of CART on-track activities.
PRESS ROOM FACILITIES:
Solid, climate controlled, weatherproof and noise-insulated
structures, sufficient in size to accommodate the number of
attending media representatives and capable of supporting
separate work areas as follows. Ample televisions, power,
telephones and working materials will be provided for each
area, with specific requirements identified within this
Schedule A:
- Deadline Media
- Non-deadline Media
- Photo Media, with lockers provided
- Event Media Relations
- Support Event(s) Media Relations
PRESS CONFERENCE/INTERVIEW AREA FACILITIES:
Solid, climate controlled, weatherproof and noise insulated
structure. Area shall be set-up with skirted tables and chairs
placed on a raised podium, and a lectern for the moderator.
Proper lighting for television and photographers is required.
A CART approved backdrop shall be placed behind the drivers'
interview tables.
VIEWING STANDS FACILITIES:
- Required for venues that do not provide a legitimate track
view from the media center or a press box
- Viewing stand will not be a section of seating roped off in a
general spectator area
- Viewing stand should be in or near the suite section or its
own entity and should be under cover
- Viewing stand needs tables and chairs and the seats are to be
assigned with help from the CART Public Relations staff
- Viewing stand needs to be staffed by a track public relations
representative
- Requires a cooler of cold beverages for the media
- A shuttle service should be considered if the viewing stand is
a good distance from the media center
CART COMMUNICATIONS DEPARTMENT OFFICE FACILITIES:
- Requires an area in the main deadline press facility, an
enclosed office if available
- Area needs to have enough table space and seating for a
minimum of six (6) CART representatives
EQUIPMENT:
Photocopy Machines - A minimum of two (2) photocopy machines, which
shall be print quality high speed photocopiers with collating and
stapling capability.
Fax Machines - A minimum of three (3) fax machines.
Televisions - The amount of televisions will be specified for each
venue, with the size of the media center as well as additional
auxiliary areas being taken into consideration; televisions are
required in ALL media areas, including auxiliary areas; recommend that
televisions are either mounted to the wall with swivel hinges or on
wheel carts; the amount of televisions can be reduced if a big-screen
television (54) inches is utilized for a video feed in a primary
location; a minimum of three (3) televisions shall be provided in the
viewing stands; the CART Communication Department office must have a
2
minimum of five (5) televisions for timing and scoring and video feed.
Sound System - A sound system for press conferences will be provided by
the track; the requirements include four (4) microphones for the
podium; one (1) microphone for the speaker at the lectern; speakers;
and a mult box for radio media to plug into and record.
B. ACCREDITATION FACILITIES
------------------------
LOCATION:
- easily accessible by public transport
- adequate car parking
- within fifteen (15) minutes walking distance to the track
SIZE:
- minimum of 12 feet x 40 feet working area
- separate area for office and/or storage of computer cases
- 20 feet minimum of table/desk space
- seating for a minimum of ten (10) people
- ample space inside/under cover to allow for queuing of guests
- entrance and exit doors
TEMPERATURE:
- heating/air conditioning control to maintain adequate
temperature for computers
SIGNAGE:
- directing people to registration area
- "entrance" and "exit" signs to provide smooth flow
- external signage upon leaving showing way to parking areas and
entrances
- identifying separate series within one credential area
SECURITY:
- all doors, windows to be lockable
- in the case of a temporary structure an internal fully secure
facility should be provided and/or overnight security.
CLEANING:
- the facility should be cleaned at the end of each day
C. OPERATIONS
----------
3
FACILITIES:
Race Control - An elevated, solid, quiet, climate controlled, and
weatherproof structure with an uninterrupted view of the front
straight, start/finish line pit entrance and exit and last turn.
Structure size: 30 feet x 15 feet. The structure design must provide
windows with anti-glare provisions and minimal structural interference
to the site line along the front face and forward half of each end
panel. Access to this structure must be provided for safe loading of
equipment. This structure shall be placed at an angle to and distance
from the race track as prescribed by CART. This facility is for the
exclusive use of the officials as their presence is required to control
on track activities.
Meeting Room - A solid, quiet, climate controlled, weatherproof
structure capable of accommodating sixty (60) people theater style.
This facility is for the exclusive use of the CART competition
department during the Event.
Timing and Scoring - A separate solid, elevated, weatherproof, climate
controlled timing and scoring structure with an uninterrupted view of
the front straight at start/finish line, pit entrance and exit, and
last turn. The enclosed structure shall be at least 12 feet deep x 40
feet long. The structure design must provide windows with anti-glare
provisions and minimal structural interference to the site line along
the front face and forward half of each end panel. Additional elevated
seating to accommodate 30 manual scorers. (Option: the enclosed
structure of a minimum size of 12 feet x 65 feet). The dimensions
supplied are to exclusively accommodate scoring for CART sanctioned
activities. Additional considerations must be made for support event
timing and scoring activities. Access to this structure must be
provided for safe loading of equipment. This structure shall be placed
at an angle to and distance from the race track as prescribed by CART.
EQUIPMENT:
One (1) print quality hi-speed photo copier with collating and stapling
capability. (Option -CART may invoice Organizer/Promoter in an agreed
amount in lieu of Organizer/Promoter supplying this machine.)
Three (3) golf carts for exclusive use by CART. One (1) for the
Communications/ Administrative staff, one (1) for the CART C.E.O., and
one (1) for CART broadcast services.
COMMUNICATION CIRCUITS:
Land line communication system connecting all trackside observer
stations, pit in, pit out, pit center, race control and starter stand.
A separate private land line communication circuit connecting timing
and scoring, race control, pit center and starter stand.
4
FUEL:
Organizer/Promoter will provide fuel for all safety vehicles and the
jet dryer:
Track Dryer - Jet A - approximately five hundred (500) gallons
Safety Vehicles - unleaded gasoline - approximately two hundred (200)
gallons
Organizer/Promoter recognizes that CART has a Series-wide Official Fuel
Supplier arrangement and acknowledges that Organizer/Promoter will not
enter into any specific Event official fuel supplier arrangements for
the Events hereunder.
GENERAL:
Minimum of three hundred fifty (350) pounds of ice each day from
Thursday (Wednesday for Saturday Championship Car races) until Sunday
of race weekend including any rain dates. In addition, 100 pounds of
ice on the day prior to the first Event day, as noted above.
Worker lunches and drinking water will be provided for each day of the
Event weekend, i.e., Thursday until Sunday (Wednesday for Saturday
Championship Car races) including any rain dates. CART will identify
the quantity to be supplied.
All areas and utilities shall be accessible for use by CART on or
before 8:00 AM the Wednesday prior to the published race date.
D. TELEVISION AND RADIO
--------------------
FACILITIES:
TELEVISION COMPOUND LOCATION: Organizer/Promoter shall provide a level,
hard-surfaced area approximately 200 feet x 200 feet for use by CART
Productions and network television production mobile units, broadcast
equipment, and personnel.
ACCESS TO AREA SHOULD BE AVAILABLE AT LEAST 5 DAYS PRIOR TO THE FIRST
DAY OF ON TRACK ACTIVITIES. (NOTE: IN SOME CASES OFFICE TRAILERS MAY BE
PLACED UP TO 15 DAYS PRIOR TO THE EVENT) THE COMPOUND SHOULD BE A
FENCED IN AREA (TEMPORARY FENCING IS ACCEPTABLE), SECURE FROM PUBLIC
ACCESS. AN OPENING PREFERABLY WITH A SLIDING GATE APPROXIMATELY 20 FEET
WIDE SHOULD BE LOCATED TO PROVIDE SUFFICIENT ACCESS FOR THE PLACEMENT
OF PRODUCTION UNITS AND OFFICE TRAILERS WITHIN THE COMPOUND.
Compound should be located as follows:
STREET COURSE: As close as possible to the announcement booth
or as close to the majority of camera positions as possible,
but definitely outside the course.
5
ROAD COURSE: As close as possible to the announcement booth,
as close to the majority of camera positions as possible,
preferably outside the course.
OVAL COURSE: As close as possible to the announcement booth
and allowing the most direct cable access to the majority of
camera positions as possible, but definitely outside the
course.
ANNOUNCEMENT BOOTHS: Announcement booths should be climate
controlledwith air conditioning, weather proofed and noise insulated.
The booths should have a wide expanse of glare-proof (non-tinted) glass
overlooking the pits and track. Sound deadening materials should be
used in construction, including proper insulation, carpeting, paneling,
and double-paned glass.
The front window overlooking the track and pits should begin around 3.5
- 4 feet above the floor. The booth should also have windows on the
sides of the booth facing the track, around 3 - 4 feet deep from the
front of the booth, to provide sight lines up and down the track and
pits. Where possible, the back half of each booth should be elevated 4
- 6 inches (minimum) to allow raised sight lines for those working in
rear of booth.
A ledge/table at stool height, should run the entire width of the front
window wall, set under the window and should be well braced to support
necessary video monitors, timing and scoring monitors, and audio
equipment, etc. Ledge/table should extend 2 feet into the room from the
front-windowed wall, and where possible, should provide a removable
cut-out against the wall, with a support brace under the cut-out, to
allow monitors to be partially recessed on an angle within the
ledge/table.A minimum of three stools should be provided for each
booth.
Access panels, conduits (minimum six (6") inch diameter), and cable
troughs should be provided as necessary to allow cables to enter booth
for video, audio, timing and scoring, and antennae feeds.
Entry door should have a locking system installed, so that the room and
equipment may be secured. A keyless or combination access system is
preferred.
Organizer/Promoter agrees to provide, at its expense, a U.S. Television
Network Booth, three (3) International Television Network Booths and a
CART Radio Network Booth. As other international networks (more than
three (3)) may wish to originate commentary from the site of a CART
event, CART may request, and Organizer/Promoter agrees to provide,
additional announcement booths. CART agrees to provide at least thirty
(30) days notice to Organizer/Promoter in such cases.
U.S. TELEVISION NETWORK:
BOOTH SIZE: 15 feet x 15 feet booth.
6
LOCATION: Should be placed on the outside of
the track and nearest to the start/
finish line, providing the widest
view of the track and pits. Where
possible, booth should be located
alone or at one end of any row of
booths or suites.
CART RADIO NETWORK:
BOOTH SIZE: 8 feet x 8 feet booth.
LOCATION: Preferred placement on the outside
of the track and nearest to pit
center, providing the widest view
of the track and, then, the start/
finish line and pits.
INTERNATIONAL TELEVISION NETWORKS:
BOOTH SIZE: A minimum of three (3) 8 feet x 8
feet (minimum) booths.
LOCATION: Preferred placement providing the
widest view of the pits and, then,
the track and start/finish. Where
possible, location should be on the
outside of the track.
ADDITIONAL INTERNATIONAL BOOTHS:
All reasonable costs, subject to
competitive bidding, associated
with the construction and provision
of any additional booths and
required facilities for
international networks shall be the
responsibility of the international
network.
ACCESS:
Organizer/Promoter shall accord all broadcast networks and/or their
designees the right to install and maintain at, and remove from, the
site of the Event and associated areas such wires, cables, and
apparatus as the network or its designee deems necessary for recording
and/or telecasting the Event (provided that there shall not be any
interference with the use of or means of ingress or egress at the site
or associated areas).
SECURITY:
Organizer/Promoter must provide security, with radio communications,
mutually agreed by the parties as sufficient, for all broadcast
equipment in the television compound and around the track, including
camera, remote, and booth locations. Security should be available from
the first evening of arrival through the morning of the last day of
departure of all broadcast equipment. Upon compliance with the security
provisions
7
contained in this paragraph, Organizer/Promoter shall not be liable for
any claims based on the lack of sufficient security.
ADDITIONAL FACILITIES:
Other networks may mount cameras, in a manner not to interfere with the
world feed, that would allow US and international networks to focus on
different drivers. Most likely these positions would be near or across
from pit lane. The location of these camera positions will be mutually
agreed upon by Organizer/Promoter, the networks and CART. The networks
would agree to provide at least thirty (30) days notice of intent to
supplement world feed cameras.
EQUIPMENT VENDORS:
Broadcast crews will use best efforts to achieve highest quality,
lowest cost for renting equipment from Organizer/Promoter's exclusive
source. If this cannot be achieved, then the exclusive track source
will not apply to the production company's needs. Due to the cost
effectiveness of annual contracts for such products as golf carts,
catering (including but not limited to all food and beverages, ice) ,
office systems, lifts/cranes, scaffolding and office trailers, etc., it
is unlikely that the Broadcasters will be able to honor
Organizer/Promoter's exclusive agreements in all categories.
E. WINNERS CIRCLE
--------------
FACILITIES:
- A fenced, separate area, preferably away from pit lane
- Photographers' riser, placed proportionately to the podium
- Raised podium
- Two separate entrances: One for drivers, team owners and
presenters only (if necessary, TV); the other for VIP's,
sponsors and photographers
F. CHAPEL
------
Organizer/Promoter shall provide appropriate space and facilities for use as a
chapel during all CART Events at a maximum cost to CART of One Thousand
($1,000.00) Dollars. These facilities shall include at a minimum a solid, quiet,
climate controlled, weather proof structure capable of accommodating sixty (60)
people, and a small office/private room.
G. ELECTRIC/POWER REQUIREMENTS
---------------------------
GENERAL:
All power supplied shall be 60-cycle and should be clean and stable
dependable
8
power, as opposed to generator power, where possible. If "shore" power
is not available, dedicated, redundant generator power must meet the
requirements of the network television production company, including
but not limited to: back-up power, redundant systems, frequency
controlled, and automatic switch-over features. Organizer/Promoter
shall provide an adequate supply of electrical power to service all
areas, consistent with the applicable function or activity therein.
Listed power requirements for Organizer/Promoter provided facilities
are exclusive of climate control and lighting requirements. Where shore
power proves to be neither clean, stable, nor dependable at the levels
required, Organizer/Promoter shall provide redundant generator back up
by frequency controlled, automatic switch-over generators, at
Organizer/Promoter's sole expense.
MEDIA CENTER:
Organizer/Promoter shall provide CART Communications staff at least two
(2) 110 volt, 20 amp, single phase circuits or equivalent with a
minimum of eight (8) electrical outlets. Adequate power and at least
one (1) electrical outlet for each assignable seat for press in media
center.
ACCREDITATION FACILITIES:
Organizer/Promoter shall provide at least one (1) 110 volt 30 amp,
single phase circuit, exclusive of climate control and lighting, with a
minimum of four (4) main power outlets.
OPERATIONS:
Radio Trailer 220v/240v 60 amp single phase
Race Control 110v/115v 5 20 amp single phase
Timing and Scoring 110v/115v 6 30 amp single phase
Operations Trailer #1 220v/240v 60 amp single phase
Operations Trailer #2 220v/240v 60 amp single phase
Medical Center 220v/240v 100 amp single phase
CART Business Center 220v/240v 2 50 amp single phase
Timing and Scoring Truck 110v/115v 50 amp single phase
Battery Compound 220v/240v 60 amp single phase
CART Fuel Compound 110v/115v 4 25 amp single phase
(one common
ground pursuant
to local code)
CART Tire Compound 220v/240v 2 60 amp single phase
Scales 110v/115v 20 amp single phase
* Each Entrant Pit 110v/115v 30 amp single phase-4
outlets
Chief Stewards Trailer 220v/240v 60 amp single phase
Each Support Race Entrant Pit Area (Indy Lights and Toyota Atlantic)
110v/115v 20 amp single phase
(*Entrant is defined as a race car with an assigned driver)
9
TELEVISION AND RADIO:
LIGHTING:
Organizer/Promoter shall ensure necessary lighting (minimum of 125 foot
candles) is available for television coverage during the Event.
POWER:
TV COMPOUND - U.S. NETWORK
POWER MUST BE AVAILABLE NO LATER THAN 8AM 4 DAYS PRIOR TO THE FIRST ON
TRACK ACTIVITIES.
Mobile Units
Mobile Unit #1 208v 200 amp 3 phase
Mobile Unit #1 Support 208V 200 amp 3 phase
Mobile Unit #2 208v 200 amp 3 phase
Mobile Unit #2 Support 208v 200 amp 3 phase
Telemetry 208v 200 amp 3 phase
In Car Camera/RF 208v 200 amp 3 phase
Enhanced Services 208v 200 amp 3 phase
International 208v 200 amp 3 phase
Brazil 208v 200 amp 3 phase
Office Trailers
Office Trailer #1 110v 100 amp single phase
Office Trailer #2 110v 100 amp single phase
Office Trailer #3 110v 100 amp single phase
Office Trailer #4 110v 100 amp Single phase
Catering 110v 30amp X 2 single phase
Uplinks
Uplink #1 208v 150 amp 3 phase
Uplink #2 208v 150 amp 3 phase
Uplink #3 208v 150 amp 3 phase
Uplink #4 208v 150 amp 3 phase
Uplink #5 208v 150 amp 3 phase
Uplink #6 208v 150 amp 3 phase
10
REMOTE LOCATIONS
RF Receive Site US #1 110v 20 amp single phase
RF Receive Site US #2 110v 20 amp single phase
RF Receive Site INET #1 110v 20 amp single phase
RF Receive Site INET #2 110v 20 amp single phase
ANNOUNCEMENT BOOTHS
U.S. Network Production 110v 20 amp single phase
U.S. Network Monitors 110v 20 amp single phase
U.S. Network Audio 110v 20 amp single phase
Radio Production 110v 20 amp single phase
Radio Monitors 110v 20 amp single phase
International #1 Production 110v 20 amp single phase
International #1 Monitors 110v 20 amp single phase
International #2 Production 110v 20 amp single phase
International #2 Monitors 110v 20 amp single phase
International #3 Production 110v 20 amp single phase
International #3 Monitors 110v 20 amp single phase
EACH ADDITIONAL INTERNATIONAL BOOTH
Additional Production 110v 20 amp single phase
Additional Monitors 110v 20 amp single phase
Minimum of four (4) outlets per electrical circuit in the announcement
booths. Air conditioning/heating systems must be on separate circuits
from those shown above. Without separate air-conditioning circuit,
broadcast may be jeopardized.
H. TELEPHONE REQUIREMENTS
----------------------
GENERAL:
All line charges reasonably related to CART business activities shall
be to the account of Organizer/Promoter; all media telephones require
free local access; no credit card slide telephones; as a minimum, the
following areas must be supplied telephones which provide access to
commercial telephone lines.
MEDIA AREAS:
Deadline Media Area - One (1) telephone for every two (2) media
persons;
Auxiliary Media Area - One (1) telephone for every four (4) media
persons;
CART Communications Department - Five (5) dedicated unrestricted access
lines and instruments shall be provided for the exclusive use of the
CART Communications Department staff. All charges related to these
telephones are the responsibility of
11
Organizer/Promoter.
ACCREDITATION FACILITIES:
Two (2) lines, one (1) for telephone and one (1) for facsimile
OPERATIONS:
At a minimum, the following areas must be supplied telephones which provide
access to commercial telephone lines:
Operations Trailer - Two (2) telephone lines and one (1) facsimile
line with facsimile machine;
Medical Center - One (1) telephone line and (1) facsimile line
with facsimile machine;
CART Business Center - Six (6) telephone lines and one (1) facsimile
line with facsimile machine;
Race Control - Two (2) telephone lines and one (1) facsimile
line with facsimile machine;
Timing & Scoring - Six (6) telephone lines and (1) facsimile line
with facsimile machine;
Chief Xxxxxxx Trailer - Two (2) telephone lines and one (1) facsimile
line
TELEVISION AND RADIO:
TELEVISION COMPOUND LOCATION: Organizer/Promoter shall ensure
Seventy-five ()(75) pair telephone lines are permanently installed in
television compound.
ANNOUNCEMENT BOOTHS:
U.S. TELEVISION NETWORK: Two (2) telephone lines, permanently
installed.
CART RADIO NETWORK: A maximum of four (4) pair telephone lines
permanently installed in booth, as in the
past.
INTERNATIONAL NETWORKS: A maximum of five (5) pair telephone lines
permanently installed in each
announcement booth.
I. RESTROOMS
---------
There must be adequate facilities, to be specified by CART, in the paddock or
garage area, for the exclusive use of the officials and team personnel.
Television Compound
Adequate and properly maintained facilities consistent with OSHA standards
should be provided in the TV compound for the exclusive use of TV personnel.
J. GENERAL
-------
12
As the execution of the Competition and broadcast coverage of CART events is
vital to the success and growth of the Series and each Competition, and as newer
and additional technical facilities may be required to meet media, operational
and broadcast production standards in order to enhance and upgrade the facility
and broadcast quality, Organizer/Promoter agrees to provide reasonable
additional space, power, facilities, or other services as may be requested by
CART. CART agrees to provide Organizer/Promoter as much advance notice as
possible of these additional requirements. Organizer/Promoter is hereby notified
that any change to the facility could affect safety, competition activities or
presentation of the Event. Therefore, it is the responsibility of
Organizer/Promoter to inform CART of any proposed modifications to the facility
including but not limited to the race track and surrounding area and any
structure used by CART during the Event.
13
SCHEDULE "B"
INSURANCE REQUIREMENTS
----------------------
In an effort to protect the interest of track owners, Organizers/Promoters,
sponsors, CART, its Members and participants, CART has established certain
minimum criteria for insurance coverage which must be in effect for all CART
Events.
The insurance requirements for CART events consist of the following areas of
insurance coverage:
1. Spectator Liability Insurance;
2. Participant Legal Liability Insurance; and
3. Participant Accident Insurance.
The minimum specifications and requirements for acceptable coverage are:
$20,000,000 LIABILITY INSURANCE (coverage must be primary)
1. POLICY FORM
-----------
The policy must be a Comprehensive General Liability form and may be either a
manuscript Automobile Racing policy or a Commercial General Liability policy
with endorsements that provide the amendments required to cover automobile
racing events.
Coverage provided must include, but shall not be limited to:
A. Spectator/Public Bodily Injury Liability.
B. Participant Legal Liability - that is, coverage for bodily
injury claims from "participants" and must include participant
to participant liability.
C. Property Damage Liability
1. Including participants' property except when in restricted
areas.
2. No more than a Fifty Dollar ($50.00) deductible.
D. Refreshments/Products Liability including Concession Hard
Goods and Host Liquor Liability.
E. Personal Injury Liability, including false arrest, detention,
imprisonment or malicious prosecution, libel and slander;
wrongful entry or eviction.
F. Mobile Equipment Liability.
G. Primary Medical Malpractice Liability covering all medical
personnel - employed or volunteer.
H. Non-owned Aircraft Liability.
I. Off Premises Sign Liability.
J. Official Vehicle Physical Damage - Two Hundred Fifty ($250.00)
Dollar maximum deductible. An official vehicle is a vehicle on
the racetrack premises which is allowed access into
"restricted" areas. This includes but is not limited to an
ambulance, fire truck, tow truck, or pace car. This coverage
does not apply to physical damages resulting from the gross
negligence of the operator of the vehicle.
K. Contractual Liability.
2. MINIMUM LIMITS OF COVERAGE
--------------------------
CART reserves the right to change insurance limits to amounts deemed reasonable
by CART or its insurance representatives, as long as ninety (90) days notice is
given to Organizer/Promoter.
A. 2002 Event - $20 million combined single limits per occurrence
for Bodily Injury and Property Damage with no aggregate limit.
B. 2002 Event - $10 million minimum for Participant Legal
Liability. Subsequent Events subject to 50% of limits in place
in paragraph 2A.
C. 2002 Event - $1 million Medical Malpractice Liability with $1
million aggregate per incident. Coverage to include Medical
Professionals. (See paragraph 1 (G)).
3. NAMED INSUREDS
--------------
Must include:
2
A. CART, Inc., and Championship Auto Racing Teams, Inc. and their
subsidiaries, officers, team owners, directors and employees;
Federal Express Corporation; other co-Series sponsors.
B. CART reserves the right to add additional named insureds
provided however, that notice be given no later than sixty
(60) days prior to the Event.
4. PERSONS INSURED
---------------
Must include:
All participants, entrants, sponsors for this Competition, Event or the
Series of which the Competition is a part, or of a Competition vehicle,
and CART Members. The definition of participants must include drivers,
mechanics, pitmen, officials of the race, and those assisting the
officials, event staff, announcers, emergency and safety crews and
security personnel and all other persons allowed access to restricted
areas. Such definition also applies to CART and support series events.
5. WAIVER AND RELEASE FROM LIABILITY
---------------------------------
The insurance policy must require the utilization of a system at all CART Events
which secures properly executed and signed "Waiver and Release from Liability"
forms from all participants. The procedure for obtaining such executed waivers
from CART participants shall be determined by CART.
6. GENERAL SPECIFICATIONS
A. The insurer must be admitted or approved to write insurance in
the state, province and country where the insured track is
located. The broker or agent must be licensed to transact
business in the state, province and country where the track is
located. It is Organizer/Promoter's responsibility to inform
all participants of all coverages and conditions available
throughout the Event.
B. The insurer must have a minimum of a "Best A rating", and the
name of the insurer must be supplied to CART for the purposes
of confirmation.
C. The insurer must formally agree to send duplicate notice of
cancellation to CART in the event of cancellation a minimum of
thirty (30) days in
3
advance of the cancellation. The reason for the cancellation
must be included with this notification. The insurer must also
formally agree to immediately notify CART of each instance of
the insured's failure to remit proper premium or other
required payments.
D. The agent or broker must submit a narrative explanation of
systems, procedures and authority for adjusting and paying
claims.
7. PROCEDURES FOR OBTAINING APPROVAL OF AND UTILIZING INSURANCE
------------------------------------------------------------
COVERAGE
--------
A. Any request or submission for approval of insurance coverage
not meeting the minimum specifications and requirements or
procedures will not be accepted.
B. To obtain approval for sources of insurance,
Organizer/Promoter or its insurance broker must submit a
certified true specimen copy of the proposed policy forms to
CART at least ninety (90) days prior to the first day of the
Event.
C. CART will notify the party submitting the request in writing
of the acceptance or rejection of insurance submissions within
fifteen (15) days of receipt of the submission. Only formal
written approval of the acceptance of insurance coverage by
CART shall be considered valid.
D. Upon acceptance, Organizer/Promoter must provide CART a
certified true copy of the actual policy of insurance issued
to track operators or Organizer/Promoter at the time of
issuance and no later than thirty (30) days prior to the first
day of the Event.
E. Should Organizer/Promoter fail to comply with the above
requirements, CART shall have the right to purchase the
insurance and obtain reimbursement from Organizer/Promoter.
8. PARTICIPANT ACCIDENT INSURANCE FOR CART PARTICIPANTS
----------------------------------------------------
Organizer/Promoter shall reimburse CART for the cost of participant accident
disability, medical and life insurance which minimum coverages for 2002 are as
follows:
Accidental Death and Dismemberment $ 50,000.00
Primary Accident Medical $ 150,000.00
Excess Major Medical - Champ Car drivers: $ 850,000.00
4
All other participants: $ 350,000.00
Weekly Disability (to 104 weeks) $ 250.00
Monthly Disability (to 48 months) $ 300.00
9. PARTICIPANT ACCIDENT INSURANCE FOR NON-CART PARTICIPANTS
--------------------------------------------------------
Organizer/Promoter shall provide participant accident insurance for all non-CART
participants at the Event with minimum limits of:
Accidental Death and Dismemberment $ 25,000.00
Medical $ 50,000.00
Weekly Indemnity (to 104 weeks) $ 100.00
5
SCHEDULE "C"
UNIFIED CREDENTIAL SYSTEM
-------------------------
AND FACILITY ACCESS PROVISIONS
------------------------------
CART SEASON CREDENTIALS (PLASTIC PICTURE IDENTIFICATION)
--------------------------------------------------------
Picture identification cards will be issued to CART participants as provided for
in this Agreement. Persons issued this credential may only use this credential
as expressly allowed for by the CART Rule Book, and only applies as to their
need or function. Any change in costs agreed to by the Promoters' Association
and CART will supersede the costs included in this Schedule "C".
A. TEAMS
Each CART Owner Membership is entitled to a maximum of fifty (50) CART picture
I.D. license/credentials upon acceptance of application and payment of fees due
CART. Additional license/credentials may be purchased consistent with the
CART/Promoter Credential and Motorhome Policy, attached as Exhibit 1 to this
Schedule C. Revenues derived from such purchases less ten (10%) percent per
credential will be divided equally among all CART Organizer/Promoters.
These license/credentials are to be issued to team members, i.e., owner, team
manager, chief mechanic, crew members, designated team and/or sponsor public
relations representative and any other associates the owner desires within the
allotted maximum number. This credential will permit access to the facility and
restricted areas including the pit area at all times during any CART Event. At
specified Events, a limited number of special credentials may be issued to allow
only necessary and appropriate personnel access to the pit area thirty (30)
minutes prior to and during the CART race.
B. DRIVERS
Each driver will be issued a permanent CART picture license/credential. An
additional picture license/credential will be issued to the driver's spouse or
companion. Both credentials will permit access to the facility and restricted
areas including the pit area at all times during any CART Event. At specified
Events, a limited number of special credentials will be issued to allow only
necessary and appropriate personnel access to the pit area thirty (30) minutes
prior to and during the CART race.
C. CART OFFICIAL SUPPORT SERIES
----------------------------
CART will provide credentials to CART support Series competitors, sponsors and
suppliers as follows:
1 - 12 Team Credentials (12) Complimentary
13 - 17 (5) at $145 per credential
18 - 25 (8) at $250 per credential
Revenues derived from such purchases shall be divided equally among all CART
Organizer/Promoters.
D. OFFICIALS
---------
Each CART official will be issued a permanent CART picture I.D.
license/credential. This credential will permit access to the facility and
restricted areas including the pit area at all times during any CART Event. At
specified Events, a limited number of special credentials may be issued to allow
only necessary and appropriate personnel access to the pit area thirty (30)
minutes prior to and during the CART race.
E. SUPPLIERS AND AWARD PROVIDERS
A reasonable number of suppliers and award providers will be issued credentials
as determined by CART. These credentials will permit access to the facility and
restricted areas including the pit area at all times during any CART Event. At
specified Events, a limited number of special credentials may be issued to allow
only necessary and appropriate personnel access to the pit area thirty (30)
minutes prior to and during the CART race.
Each CART authorized supplier may request annual credentials for any number of
persons provided that these persons are bona fide members of the supplier's
support team needed at the track. Five (5) such credentials will be issued at no
charge. For each CART team supplied, one (1) additional credential will be
provided. All credentials issued over and above the allotted number will be
charged at a price of $500.00 per credential. Revenues derived from such
purchases less ten (10%) percent per credential will be divided equally among
all CART Organizer/Promoters. CART has the right to review all requests and, if
necessary to ask for a clarification of the role to be performed by each person
for whom a credential is requested. If a supplier acquires a credential for a
third party under this system (i.e. for a person that is not a bona fide member
of the supplier's support team needed at the track), all credential privileges
will be revoked.
Each CART authorized award provider shall be entitled to a maximum of five (5)
credentials at no charge. Additional credentials may be purchased at a cost of
$100.00 each per season. Revenues derived from such purchases less ten (10%)
percent per credential will be divided equally among all CART
Organizer/Promoters.
2
F. MEDIA
CART will issue a limited number of credentials to nationally and
internationally recognized journalists and photographers covering the majority
of Series Events on assignment for recognized media. They will clearly be marked
"MEDIA" and "MEDIA PHOTO" respectively. All media and photo credentials will
permit access to the facility and restricted areas including the pit area and
media center at all times during any CART Event. At specified Events, a limited
number of special credentials may be issued to allow only necessary and
appropriate personnel access to the pit area thirty (30) minutes prior to and
during the CART race.
G. TELEVISION PRODUCTION
Television talent, key production staff and season-long television production
crew members are credentialed and marked "Network TV". All "Network TV"
credentials will permit free and unrestricted access to the facility and all
associated areas including the pit area and media center at all times during any
CART event. Individuals accredited by this CART Season Credential marked
"Network TV" should receive access to the same areas as any Event credential
issued by CART or the promoter to the television production crews. At specified
Events, a limited number of special credentials may be issued to allow only
necessary and appropriate personnel access to the pit area thirty (30) minutes
prior to and during the CART race.
H. SPONSORS
A reasonable number of CART sponsors will be issued credentials as determined by
CART. These credentials will permit access to the facility and restricted areas
including the pit area at all times during any CART Event. At specified Events,
a limited number of special credentials will be issued to allow only necessary
and appropriate personnel access to the pit area thirty (30) minutes prior to
and during the CART race.
Each CART sponsor shall be entitled to an agreed upon number of credentials at
no charge. Additional credentials may be purchased at a cost of $500.00 each per
season. Revenues derived from such purchase less ten (10%) percent per
credential will be divided equally among all CART Organizer/Promoters.
EVENT CREDENTIALS (PROVIDED BY THE ORGANIZER/PROMOTER)
A. ISSUED BY CART:
1. ASSISTANTS
Organizer/Promoter shall make Event credentials available to CART for
those persons assisting CART Officials. These credentials shall be the
same type of credentials as
3
those issued by Organizer/Promoter to others assisting in the
production of the Event and will permit access to the facility and
restricted areas including the pit areas at all times during any CART
Event. At specified events, a limited number of special credentials may
be issued to allow only necessary and appropriate personnel access to
the pit area thirty (30) minutes prior to and during the CART race.
2. SPONSORS
For each Owner Membership accepted by CART the entrant may be entitled
to a maximum of twenty (20) credentials per accepted membership for
team sponsors. These credentials will permit access to the facility and
restricted areas during CART activities. Access to the pit area will be
terminated thirty (30) minutes prior to the start of and during the
CART race. Each credential purchased hereunder shall apply to all CART
sanctioned events during the season and shall be purchased at a cost of
$50.00 for each circuit on the schedule. Revenues derived from such
purchases will be divided equally among all CART Organizer/Promoters.
3. ADDITIONAL CREDENTIALS, PASSES, TICKETS AND PARKING
Organizer/Promoter will provide CART with additional credentials,
passes, tickets and parking to be utilized as stated below for
distribution at the discretion of CART.
(a) CREDENTIALS AND PASSES
General - Three Hundred (300) credentials for distribution by CART;
Access to the pit area will be terminated thirty (30) minutes prior to
the start of and during the CART race;
One Hundred and Fifty (150) credentials for distribution by CART's
Support series; Access to the pit area will be terminated thirty (30)
minutes prior to the start of and during the CART race;
Drivers - Four (4) credentials to each participating CART driver; and
Six (6) credentials (passes, seats or overcrew as
requested two (2) weeks in advance) to each
participating CART driver.
Broadcast Partners (U.S. and International Television and CART Radio) -
Organizer/Promoter will provide all broadcast partners with
specifically designated all access "Network TV" credentials, which
accord production personnel free and unrestricted access to the site of
the event and associated areas otherwise restricted to the general
public. These areas are to include the media center, pit lane, paddock,
television compound, camera locations, announce booths, hospitality
areas, and trackside access for the sole purpose of producing
television coverage of the Event. This "Network TV" credential should
be restricted for distribution to and use by authorized workers only
under the direction of CART. At specified Events, a limited number of
special credentials will be issued to allow only necessary and
appropriate personnel access to the pit area thirty (30) minutes prior
to and during the CART race.
4
(b) TICKETS
General - One Hundred (100) tickets for each day of the Event (deluxe
grandstand seating) for use by CART - to be received thirty (30) days
prior to the Event.
Television Network - Fifty (50) tickets for each day of the Event
(prime seating location) for intended use by CART's TV Network, to be
received thirty (30) days prior to the Event.
(c) PARKING
U. S. Television Network - Parking passes shall be provided by
Organizer/Promoter up to a total of (64) sixty-four; Forty (40) should
allow parking adjacent or as close as possible to television compound,
with another twenty (20) providing convenient access to overflow
parking; Four (4) service vehicle passes shall also be provided to
allow delivery and servicing of equipment to all areas of Event. CART
to coordinate;
International Television Networks - Parking passes shall be provided by
Organizer/ Promoter up to a total of (17) for ESPN International. Ten
(10) should allow parking adjacent or as close as possible to the
television compound with another five (5) providing convenient access
to overflow parking. Two (2) "service" vehicle passes shall also be
provided to allow delivery and servicing of equipment to all areas of
event. Additionally, four (4) parking passes shall be provided for each
other attending international network (excluding ESPN International),
preferably located as conveniently as possible to the television
compound. CART to coordinate.
CART Radio Network - Parking passes shall be provided by
Organizer/Promoter up to a total of (4) four, including three (3)
preferably in a location as close as possible to the radio announce
booth, and one (1) "service" vehicle pass to allow for delivery or
servicing of equipment to all areas of event. CART to coordinate;
Media - At least fifty (50) parking spaces shall be provided by
Organizer/Promoter for media personnel credentialed by CART in the
vicinity of the media center, with convenient overflow parking;
Competitor Transporter Space - Each entrant (i.e., each separately
entered car/driver combination) will be allocated sufficient parking
space in the paddock area for one (1) transporter and work area
(minimum 85 feet x 31 feet);
Competitor Motor Coach/Hospitality Space - Each entrant (i.e., each
separately entered car/driver combination) will be allocated sufficient
parking space for one (1) motor coach (minimum 55 feet x 15 feet);
Additional details related to this space, as well as provisions for the
purchase of additional space(s), and driver coaches, are contained in
the CART/Promoter Credential and Motorhome Policy, attached as Exhibit
1 to this Schedule C
5
Owners/Drivers/Team Affiliates/CART Officials & Staff -
Organizer/Promoter will designate a parking area which will accommodate
owners, drivers, team affiliates and CART officials and staff. Such
area will be located in close proximity to the paddock and/or garage
area. CART owners and drivers will have access to park in the paddock
or motor coach areas. The number of passes required will be mutually
agreed upon by Organizer/Promoter and CART's Registration Director;
CART Business Coach - Organizer/Promoter shall provide space in an area
easily accessible from the pit and paddock for the parking of CART's
business coach;
Suppliers and Manufacturers - Organizer/Promoter will provide parking
and work areas in the paddock for suppliers and manufacturers that
provide entrants with products and services;
Workers - Specifiedarea for volunteers to park.
CART Official Support Series - Organizer/Promoter will provide an area
in the paddock for CART Support Series transporter parking, competitor
work areas, administrative functions and technical inspection. An area
close to the paddock for team parking will be available.
B. ISSUED BY PROMOTER:
1. RACE PIT CREDENTIALS
This Event credential, provided by Organizer/Promoter for issue by the
Organizer/Promoter and CART allows the bearer access to the facility,
paddock/garage and the pit area at any time during a weekend racing
Event. At specified Events, a limited number of special credentials
will be issued to allow only necessary and appropriate personnel access
to the pit area thirty (30) minutes prior to and during the CART race.
Persons with this credential must remain behind the pit wall during on
track activity. The dress code will be in effect during races with
scheduled pit stops.
2. PRACTICE & QUALIFYING CREDENTIALS
This Event credential, provided by Organizer/Promoter for issue by
Organizer/Promoter and CART allows the bearer access to the pit area
during all on track activity except races when scheduled pit stops are
a part of the race. Persons with this credential must remain behind the
pit wall during on track activity. The bearer must leave the pit lane
thirty (30) minutes prior to the start of a race with scheduled pit
stops.
3. REDEEMABLE CREDENTIAL
This credential provides the bearer general admission and
paddock/garage area access, but does not allow admission into other
restricted areas. To gain access to the
6
pit area, the bearer must present the credential for validation or
reissue and sign the proper waiver at a redemption center. The
redemption center will be operated by CART or Organizer/Promoter and
will be located in the infield, paddock or other area mutually agreed
upon by CART and Organizer/Promoter. The purpose of this credential is
to allow distribution of credentials to V.I.P.'s that would be issued a
pit access credential prior to the Event. This system will ensure easy
access to the facility and not allow pit access until the proper waiver
is signed.
4. OTHER ACCESS IDENTIFIERS
There are other access identifiers that are used in conjunction with
the above three credentials to allow access into specific restricted
areas (trackside access, media center access, etc.) that are provided
by Organizer/Promoter for issue by Organizer/Promoter and CART.
Organizer/Promoter agrees to provide a list to CART, two (2) weeks in
advance of the Event, of all local and regional TV broadcasters
accredited by Organizer/Promoter, for the Media Center area.
C. All credentials shall be plainly marked "RACE PIT" or "PRACTICE & QUALIFYING
PIT", "MEDIA", "MEDIA PHOTO", etc. Terms such as "HOT PITS" or "COLD PITS" are
not acceptable.
RULES
1. Credentials are not transferable.
2. Persons in restricted areas may not enter team areas unless
invited, must obey the instructions given by CART officials
and security personnel in regards to their safety and well
being and may not interfere in any way with the activities of
CART participants or the Event. All credentialed persons are
bound by the rules set forth in the CART Rule Book which
pertain to conduct and safety.
3. Persons not properly attired must leave the pit area thirty
(30) minutes prior to the scheduled start of the race. Proper
attire is defined as including the following tenets:
A. Shorts are not permitted.
B. Shirts fully covering the shoulders must be
worn at all times.
C. Open-toe shoes are not permitted.
4. Minors, i.e., persons under the age of eighteen (18) or the
legal age of majority in the applicable jurisdiction if
greater than the age of eighteen (18), are not permitted in
the pit area at any time.
7
IMPLEMENTATION
--------------
1. All security guards, gate guards, pit workers, registrars and
staff members with activities that may be affected by this
policy, will be notified of this policy.
2. All CART Owners, Drivers, Team Managers, Chief Mechanics and
corporate Sponsors will be notified of this policy.
8
EXHIBIT 1
CART/PROMOTER CREDENTIAL AND MOTORHOME POLICY
A. CREDENTIALS
--------------------------------------- ---------------------------- ---------------------------- --------------------------
Number of Credentials 2000 2001 2002
per Entry
--------------------------------------- ---------------------------- ---------------------------- --------------------------
0-50 Entitlement Entitlement Entitlement
--------------------------------------- ---------------------------- ---------------------------- --------------------------
51-80 $375.00 $395.00 $415.00
--------------------------------------- ---------------------------- ---------------------------- --------------------------
81-100 $600.00 $630.00 $660.00
--------------------------------------- ---------------------------- ---------------------------- --------------------------
101-130 $1,000.00 $1,050.00 $1,100.00
--------------------------------------- ---------------------------- ---------------------------- --------------------------
--------------------------------------- ---------------------------- ---------------------------- --------------------------
Pre-Paids $50.00 $50.00 $55.00
--------------------------------------- ---------------------------- ---------------------------- --------------------------
B. MOTORHOMES
--------------------------------------- ---------------------------- ---------------------------- --------------------------
Motorhome Spaces Per Entry 2000 2001 2002
--------------------------------------- ---------------------------- ---------------------------- --------------------------
1st Space Entitlement Entitlement Entitlement
--------------------------------------- ---------------------------- ---------------------------- --------------------------
2nd Space $4,500 $4,500 $4,500
--------------------------------------- ---------------------------- ---------------------------- --------------------------
3rd Space $5,000 $6,000 $7,000
--------------------------------------- ---------------------------- ---------------------------- --------------------------
Spaces should be no more than 15 ft. in width, and long enough for a DOT legal
tractor and single trailer, where possible, per prior practice. Where not
possible, they should be long enough to accommodate the trailer, and separate
parking for the tractor shall be provided for free.
Kitchen Trailers shall be permitted without charge except where, per prior
practice, there is insufficient room for these trailers without encroaching on
other spaces, in which case a fee of up to $500.00 may be charged.
Electrical and other hook up fees shall be handled per the previous Agreement.
C. DRIVER COACHES
Each driver will receive one motorcoach space free of charge so long as they
participate in one promotional activity without charge of up to one day's
duration. That promotional activity can
9
be defined by the promoter, but each driver must have the ability to participate
in one activity if he wants. If travel is required, then promoter provides
reasonable travel and expenses.
Otherwise the promoters may, at their discretion charge drivers $1,500.00 per
space.
10
SCHEDULE "D"
CO-SERIES SPONSOR AND OFFICIAL PACE CARS
----------------------------------------
PACE CARS
---------
The pace cars provided by CART or its designee will serve as the Official Pace
Cars at all CART Events sanctioned by CART and shall be the only pace cars
referred to as "Official Pace Cars" in any advertising, publicity, or promotion
of a CART Event by the Organizer/Promoter. Track announcers shall identify such
pace cars during the parade laps and continue to identify the starting pace car
when it starts the race and when it is on the track during caution flag periods.
TICKETS AND CREDENTIALS
-----------------------
Organizer/Promoter shall provide choice seating locations for CART's Official
Pace Car provider and/or other designated co-Series sponsor when it makes ticket
purchases for its customers at the same rates, including discounts, provided any
other corporation or group. Also, Organizer/Promoter shall provide CART's
Official Pace Car provider and/or other designated co-Series sponsor with a
reasonable number of pit passes and parking stickers at no cost.
PROGRAM
-------
Organizer/Promoter shall provide CART's Official Pace Car provider and/or other
designated co-Series sponsor with one (1) full-page, full color ad, for which
color separations shall be provided to Organizer/Promoter, and one (1) full-page
of editorial in the Event program at no cost.
NEWS RELEASES
-------------
CART's Official Pace Car provider and/or other designated co-Series sponsor
shall be identified in all news releases and publicity issued by
Organizer/Promoter.
DISPLAY IN WORK AREA
--------------------
Organizer/Promoter shall provide an area for the display and maintenance of the
Official Pace Car fleet as required by CART.
PACE CAR ON TRACK ACTIVITIES
----------------------------
The Event schedule will include time for pace car on track activities. The
scheduling (placement and allotted time) of these activities will be consistent
with Paragraph 26 of the Organizer/Promoter Agreement and SCHEDULE E.
OFFICIAL CARS
-------------
In the event that Organizer/Promoter is able to obtain an official car from a
national automobile manufacturer and/or its local auto dealer, the parties agree
to designate that car as the Official Car of the Event and Organizer/Promoter
shall obtain any revenue derived as a result of the participation of the
national automobile manufacturer and/or its local dealer as a sponsor. In the
event that the national automobile manufacturer from which Organizer/Promoter
obtains a car is a manufacturer of a participating pace car (whether such car is
obtained by the Organizer/Promoter directly from the manufacturer or from a
local dealer), CART agrees that such official car, if represented in the
Official Pace Car fleet, or if not so represented, such other model produced by
said manufacturer which is represented in the Official Pace Car fleet as may be
selected by such manufacturer shall be designated by CART as the Official Pace
Car of such Event.
2
SCHEDULE "E"
EVENT ACTIVITIES
----------------
CART ACTIVITIES
---------------
The appropriate (road course, oval or 500 mile) standard CART schedule
will be in effect at all Events, including the "time certain"
requirements as implemented by CART.
RACE SCHEDULE FORMAT
--------------------
Schedules will be time certain. All sessions will start and end
(excluding Champ Car qualifying sessions(s)) according to the official
CART published schedule for the Event.
OFFICIAL SUPPORT SERIES AND OFFICIAL PACE CAR ACTIVITIES
--------------------------------------------------------
Indy Lights and CART's other support series (maximum of two (2)) shall
be entitled to compete at this Event. CART shall have the right to
schedule, at any time during the Event, including race day, its support
series events as part of the overall CART activities. Standardized
schedules similar to the CART standard format schedules will be
developed for Official pace car on track activities, Indy Lights, and
CART's other support series.
OTHER SUPPORT RACE ACTIVITIES
-----------------------------
Any additional motor racing events must be approved by CART. These
activities will be scheduled in a manner which will minimize any
interference with any scheduled CART, Indy Lights or CART's other
support series and Official pace car on track activities. Support
activities should be selected to provide an appropriate complement to
CART activities and must be a balanced program and offer good
entertainment value to the fans. A one half-hour break between
scheduled competition activities is recommended. All on track support
activities must be sanctioned by a recognized FIA affiliate. These
activities must be held in compliance with the sanctioning body's
rules. The participant accident and liability insurance limits and
carrier must be acceptable to CART. In addition, celebrity events must
comply with the following:
1. All drivers must have successfully completed both
classroom and on track instruction.
2. Race cars must meet the safety requirements
prescribed by the sanctioning body of record and as a
minimum must be equipped as follows:
a) A seat that provides proper driver support
in case of impact.
b) A five (5) point competition seat belt and
harness.
c) Rollover protection:
- roll cage for closed-wheel
production-type or -based vehicles;
- roll hoop for sports race and
open-wheel race cars.
d) The electrical system must include an
accessible master switch and an
impact/rollover switch. Both of these
devices must interrupt the current to all
onboard circuits.
3. CART reserves the right to organize and sanction
Historic Championship Car "Parade" activities, but
agrees to work with Organizer/Promoter on such
activities.
4. Only one race competition per CART sanctioned event
weekend will be scheduled for any support race
category.
5. Commitments to live television coverage for support
activities will not be allowed, as such activities
will be interrupted by any delay in the schedule.
6. The television production company for the Event is
limited to the production of four (4) races on any
given Event weekend, including all CART sanctioned
races.
ENTERTAINMENT ACTIVITIES
------------------------
Parades, exhibitions, stunts and other entertainment activities must be
scheduled in a manner which will not interfere with any racing
activity. CART does not accept any organizational or operational
responsibility for these activities. These activities must be held in
compliance with any applicable local, state or federal guidelines or
regulations. Event liability insurance must be in place to cover these
activities.
2
SCHEDULE "F"
POST RACE PROCEDURES/ACTIVITIES
The following post-race Victory Circle procedures are to be followed by all
drivers, teams, sponsors, promoters, track and security personnel, P.R.
representatives and the media. Procedures may vary at individual tracks by prior
arrangement between Organizer/Promoter and CART. In the event of such change,
notification will be made in the Drivers Meeting and in the Press Room.
The objectives of these procedures are to develop a uniform handling of the
Victory Circle procedure in order to provide for a safe conclusion to the Event,
protect the integrity of the live television coverage of the Event, and to
present the winning drivers to the fans and the media in a organized fashion
that showcases the sport, and the sponsors who support it, in the most positive
way possible.
These procedures are meant to provide a guideline for the ideal handling of the
conclusion of the Event. Some of these procedures or the order of them may be
modified to take advantage of the physical properties of the Competition. It is
not meant in any way to deter the spontaneity or enthusiasm associated with
winning the race.
VICTORY CIRCLE PROCEDURES
1. The Victory Lane or Winner's Circle podium and backdrop shall be
constructed to meet all specifications contained in CART's agreement
with its Series title sponsor and shall be subject to the approval of
CART and its Series sponsor. A photograph or sketch of the podium shall
be provided to CART at least four (4) weeks prior to the Event; CART
shall respond within three (3) days. The backdrop may not be covered
over. Its appearance or function may not be changed without permission
of CART.
2. Security sets temporary fencing across from the track at designated
location near the finish line and along the side or sides of the track
to form a "U" shape into which the cars will drive. Security will
coordinate with the Assistant Technical Director. All personnel are
reminded of the CART Rule Book which prohibits the crossing of the
track and pit areas during any Competition.
3. Accredited photographers move behind security on up track side to await
the top three (3) cars.
4. The top three (3) cars stop perpendicular to security line side by
side. Or,
alternately, winning car pulls into permanent track Victory Circle
where available.
5. Security sets temporary fencing across track behind top three (3) cars,
totally surrounding the cars, however, establishing two (2) entry
points on opposite ends of the Victory Circle for access. The following
personnel will be admitted, with appropriate accreditation: CART
officials, Broadcast Partners, owners/teams, driver's immediate family,
key sponsor executives, senior track and security, limited other
personnel as determined by CART. One of the two (2) entry points should
be designated for the exclusive use of the drivers, owners/teams and
CART officials.
6. CART Promotions Coordinator gives appropriate tire manufacturer hat to
winner for television interviews. Television interviews will be
conducted in the following order with priority given to live shows over
tape:
A. Host TV broadcaster
B. Foreign TV broadcaster
C. Network radio-if live
D. Local radio-if live
E. CART Productions
Note that with three (3) drivers available, some interviews may occur
simultaneously. Live television will have preference of interviewing
drivers one, two and three without wait. All other driver interviews
may be conducted following trophy presentation.
Teams, P.R. representatives, sponsors and others should respect the
integrity of the television broadcast and act appropriately. All three
(3) drivers should be respected. No unauthorized hats, products, signs,
etc. may be thrust in front of Television cameras. No hats may be
exchanged during televisions interviews or in front of the camera.
7. Title Sponsor Victory Podium Truck, if applicable, moves into position
during interviews.
8. After all television/radio interviews, top three (3) drivers proceed to
Victory Podium. Security will provide escort for drivers. In the event
Television is still live, security will expedite same.
9. Drivers will be presented and interviewed by the track announcer on
stage in the following order: 3-2-1.
10. Organizer/Promoter may designate and present additional awards as
agreed by CART. Such agreement will not be unreasonably withheld. Any
additional award presentation must follow the Event trophy presentation
to the three (3)
2
drivers and winning team owners.
11. Trophies are presented by executive presenters designated by
Organizer/Promoter. Event title sponsor hats are worn. Beauty queens
should not be on stage unless stated in pre-existing agreements with
title sponsor, or otherwise in accordance with the promotional model
program as agreed upon by CART and the Organizers/Promoters.
12. Winning owner(s) are present on podium for presentation of Trophy.
13. First round of photography. Executive presenters and/or owner(s) leave
platform.
14. CART Promotions Coordinator effectuates changes of driver's hats for
still photography session(s). This sequence will not appear on
television. Hats will be accommodated in the following order:
A. Series Title Sponsor(s)
B. Team Sponsor(s)
C. Limited number of additional sponsor(s) only by prior
agreement-time permitting
15. Organizer/Promoter retains the right to provide champagne which will
not be sprayed until all photo sessions are concluded.
VICTORY LAP
-----------
Drivers should be showcased to the fans. CART News Managers may accompany
drivers if sufficient space is available.
Upon completion of Victory Lap drivers proceed to Press Room for interviews.
Security will provide proper escort.
The Victory Lap is optional at the discretion of Organizer/Promoter.
3
SCHEDULE "G"
FEDEX SERIES MARKETING AND SPONSORSHIP PROGRAM
----------------------------------------------
Pursuant to paragraph 22B of the Agreement, Organizer/Promoter shall provide at
its expense except as otherwise specifically provided the following additional
entitlements for the CART Series title sponsor Federal Express Corporation.
FEDEX SERIES MARKETING PROGRAM
------------------------------
Organizer/Promoter shall provide FedEx the following Series marketing
entitlements, at no cost to CART or FedEx, except as otherwise stated:
A. Exclusivity in the "shipping" category, including, but not limited to
(i) on- site visibility; (ii) on-site sampling activities; and (iii)
provider of routine delivery services;
B. The right to brand the program in any mutually determined manner within
the defined category;
C. Twenty Thousand ($20,000.00) Dollars hospitality credit to be applied
toward site/facility rental, food and beverage;
D. Right to use the term "Associate Sponsor" of each Event; and the rights
that are assigned to an Associate Sponsor;
E. Inclusion in the Event press kit;
F. One (1) full page, four-color advertisement in the Event souvenir
program, with content determined by FedEx;
G. One (1) page of editorial in the Event souvenir program, with content
determined by FedEx;
H. Ten (10) Diamond Vision messages at downtown courses or where
available;
I. Ten (10) public address announcements over race weekend, with content
determined by FedEx but subject to approval by CART, which approval
shall not be unreasonably withheld;
J. One hundred fifty (150) grandstand/admission tickets, and a discounted
ticket pricing program for purchase of additional Event tickets for
FedEx employees;
K. One hundred fifty (150) paddock access credentials;
L. One (1) billboard visible to television exposure in addition to the
Event signage rights accorded FedEx as the Series title sponsor as
provided below;
M. One 40' x 40' Expo/Sampling display space in the manufacturing midway;
N. Right to use Event logo for promotional purposes;
O. Competition trophies to be delivered to Victory Circle via FedEx truck;
P. One FedEx revenue operation (kiosk) located in CART paddock area for
delivery service;
Q. Space for a FedEx cut-away truck display; and
R. Series Logo or FedEx logo painted on race track surface visible to
television exposure, during the Event.
In consideration of the foregoing Series marketing entitlements provided by
Organizer/ Promoter, CART agrees to pay Organizer/Promoter a total amount
equivalent to One Hundred Thousand ($100,000.00) Dollars per Event, which amount
will be deducted from the final payment of the Organization and Rights Fee for
such Event.
FEDEX SERIES TITLE SPONSORSHIP RIGHTS
Organizer/Promoter shall provide FedEx the following Series title sponsorship
rights at no cost to CART or FedEx, except as otherwise stated:
A. One (1) location for a painted sign highly visible to the principal
grandstands and to television cameras covering the race. FedEx will
assume responsibility and cost for painting the sign.
B. Preferential treatment in placement of temporary banners, signs, and
flags at each track for CART Events only. Where there is a tower, or
two towers, FedEx's banner shall be placed in a center location,
separate and apart from all other signs and banners. FedEx shall
receive at no charge at least two (2) choice locations at each track.
Additional placement of FedEx signs and banners will be in such
locations as may be determined by discussions between
Organizer/Promoter and representatives of FedEx.
C. Series Logo or FedEx logo featured in all Event promotional activities,
including news releases, posters, marketing brochures, souvenir
programs, newspaper inserts, and all tickets;
2
D. Series Logo or FedEx logo prominently featured on the backdrop of all
Victory Circle celebrations and media area backdrops; and
E. Right to hang one (1) banner on the Timing and Scoring tower (at tracks
that have such a tower).
GENERAL
-------
A. Where applicable, FedEx shall supply in a timely manner, the necessary
promotional material, color separations, body copy, hospitality
requirements, and any other information required to accommodate such
marketing and sponsorship entitlements.
B. All production costs associated with the aforesaid entitlements shall
be the responsibility of FedEx.
3
