Sportsman’s Racing Solutions - Statement of Agency

Hold Harmless / Clients Statement of Agency / Terms and Conditions for Enrollment
Posted By Law January 1997

Team Sponsorship: This Statement of Agency and Hold Harmless document is produced by Fast Track Marketing in accordance with current operating procedures as of February 11, 1994 and Florida State law. Since the sport of auto racing is considered a risk, which participation and / or viewing may cause injury or death, the team or individual shall not hold directly responsible the following people in event of any un-foreseen calamity or chain of events that may result in death or injury to spectators, team employees, or other contestants. Persons or survivors for their participation in placing clients on a job, in a known risk industry shall, not hold Fast Track Marketing, liable in any form for the death or injury. The team shall hold harmless the driver, employees, agents, representatives of the driver, the sponsors, employees and representatives of the sponsor / sponsors, the promoting company or agency, employee agents, agents of Fast Track Marketing, manufacturers of equipment, used by the driver / drivers and all others associated with the driver / drivers. Excluded is liability brought about by the driver’s inability to control the racecar through negligence and / or poor judgment. Not excluded is failure of the driver to terminate attempts to complete a race or qualifying session in the case of malfunction of the race car or any of it's components that cause the death or injury to other persons. Fast Track Marketing, it's agents, employees and sponsors / site advertisers accepts no responsibility for the death or injury to any client who willfully accepts a position with any race team, sportsman or professional or any racing equipment manufacturer. The purpose of this document is to confirm what the employee candidate, hereafter known as the client, will receive in their representation by Fast Track Marketing hereafter known as the agency. This statement is provided by a duly designated officer of the agency and will be recorded prior to the completion of the enrollment process. Due to the financial information presented by the client and all other proprietary information, it is agreed that the agency will not release any information presented by the client to anyone at anytime without the direct written consent of the client. Fast Track Marketing assumes no responsibility for the successful completion of any sponsorship programs for any teams either domestic or foreign. Sponsorship programs will be produced according to operating procedures as of January 1, 1999. Fast Track Marketing agrees to produce marketing programs intended for the sole use of the prospective marketing partner. These custom produced programs will include a team proposal and response path of information. The proposal will also include all research, production, delivery, demographic information and any other information that the agency or race team feels is important and would have a direct impact on the results of any sponsorship program. Potential marketing partners will be contacted initially via US Certified Mail delivery or electronic Power Point Presentation. All subsequent contact will be through telephone conversations or direct visits. The cost of the programs will be the responsibility of the race team and the agency will receive a sum of 10 percent (10%) for their participation. There are no guarantees, written or implied to the end result of sponsorship searches. Multiple year sponsorship contracts are subject to fees not to exceed 10 percent of the total fund generation for all contracts negotiated by the agency for the race team. The funds generated by Fast Track Marketing will be paid directly to the agency and the race team at the same time. Certified checks will be made out to the designated representative of the race team and the financial manager of Fast Track Marketing. These checks will need to be signed by each and deposited in a separate account with the race team and the agency as account holders. The race team needs to be either a LLC or Incorporation in order to accept sponsorship proceeds from any potential marketing partner. No sponsorship checks are to be made out to any individual or member of the agency or the race team. Auditing procedures are in place to assure the race team, Fast Track Marketing and the marketing partner that all efforts are made to comply with agency policy and the laws of the State Of Florida regarding the safeguarding and disbursement of funds released by the sponsor. The race team is solely responsible for their records, security of funds and accounting practices for annual IRS reports. The information provided or released to the team will be under a signed agreement addressing the privacy and proprietary information issues. No background information will be provided to anyone with out the written permission of the client. Any client of Fast Track Marketing will have the final approval of negotiated items such as salaries, benefits etc.