Formula Mazda Race Car Rental Agreement
Renter’s Name ______________________________________________________
Address ____________________________________________________
City/State _____________________________________ Zip___________
Phone ___________________ primary _________2ndary
Date of rental desired from _________ to ___________
Single race ________ Double race _________ Test day ________
Sanctioning Organization _________________ Track ______________________
Age _________ Height ____________ Weight ___________
Racing/driving experience
• Race Organization ______________________________________
• License ______________________________________________
• # Races ______________________________________________
• Car raced _____________________________________________
• Track day organization____________________________________
• # Track days ___________________________________________
• Car Driven _____________________________________________
Whereas, _________________________ herein referred to as Renter desires to rent a Formula Mazda race car, chassis # XXXXX (herein referred to as the Car) and ______, owner of said car, herein referred to as Owner, agrees to provide said race car for purposes of driving, training and racing at the event named above;
Now therefore, Owner agrees to following obligations:
1. Provide said car in a mechanically sound SCCA tech approved condition,
2. Transport the car to and from subject event and make it ready and available for Renter’s use at least 30 minutes before the first scheduled session,
3. Provide (check one) ___ new ____ 2 session ___4 or more session Goodyear 475 tires or equal,
4. Provide all fuel, oil and other fluids, brake pads and expendable materials for the duration of the event,
5. Provide trackside support including fueling and maintaining the car and tires, assisting renter with driver preparation for each session,
6. Provide (check all that apply) video ___, Pi 1 data____, Car to Pit radio ______
Now therefore, Renter agrees to the following obligations:
1. Pay to Owner the sum of $_____________ for the basic rental of the car as follows.
• Provide a down payment in the sum of ______________ at least 2 weeks prior to the event to reserve the race car.
• The balance of the rental sum, $ _______________ shall be made to Owner prior to the event.
• Payment is defined as cash, a cashier’s check or personal check that has been cleared by the bank.
2. Provide a cashier’s check or other negotiable instrument in the amount of Seven Thousand ($X.000.00) as a retainer against any crash damage or other damage caused by abuse or improper operation of the race car, including but not limited to allowing or causing the engine to exceed 6800 RPMs.
3. Pay the additional cost to repair the damage in excess of the retainer sum stated above not to exceed XXXXX Thousand Dollars ($XX,000.00). Payment shall be due within 30 days of Owner notification in writing of the parts and labor necessary to restore race car to sound and competitive condition. In the event of a dispute as to the cost required, an objective 3rd party opinion rendered by Moses Smith and/or other knowledgeable nationally recognized race shop with at least 3 years experience with owning and maintaining the Standard Formula Mazda.
4. Inspect the mechanical condition of the car and inform Owner of issues that Renter believes may compromise safety;
5. Become familiar with the various systems and operating limits of the car
6. Operate the car in a safe manner, making every effort to keep the race car on the racing surface and avoid all contact with other cars, barriers, debris and conditions that may compromise his/her safety and integrity of the car
7. Register and pay event fees to the sanctioning organization for subject event
8. Provide the equipment, and racing license or other qualifications required by the sanctioning organization to participate in subject event,
In addition, Renter and Owner hereby agree that:
1. If, during the event, Renter is unable to continue or complete the event for any reason including, but not limited to damage to the car, illness, or injury, Owner may retain the full event rental sum paid as described in Paragraphs 1 & 2 of Renter obligations. If Owner, at his sole discretion, agrees to refund partial rental cost, it shall be based on $ xxx.00 per hour that the car is not operated.
2. Owner will make every reasonable effort to repair the car and enable Renter to continue with the event up to 10 hours per day total time which shall include the normal trackside support provided prior to the car becoming disabled.
3. Owner may make additional efforts beyond the stated 10 hours per day at the rate of $xx per hour.
4. Renter shall pay for damaged parts at the current price shown on the website of Moses Smith Racing or other Star Cars authorized distributor.
5. Owner shall retain the following amounts for engine RPMs exceeding 7000 as shown on data acquisition system: $100 for each occurrence up to 80000 RPM and $250 for each occurrence above 8000 RPMs.
6. Owner shall retain full ownership and salvage value of the car if the maximum liability of $xx,000.00 as defined in Paragraph 3 of the Renter’s obligations is exceeded.
7. If no damage is discovered during post race inspection by Owner within 7 business days after the event, the full amount of the $x,0000.00 damage retainer will be returned to Renter by registered mail.
___________________________ ________________________
Renter Signature Date xxxxxxxx, Owner _________________________
Signature Date
__________________________ <address>,
Renter Name/ DOB
xxxxx
__________________________
Driver License No./ State
_______________________________________________
Emergency contact person/ Phone
WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
PLEASE READ THIS CAREFULLY. It affects any rights you may have if you are injured or otherwise suffer damages while driving, training or racing a race car.
In consideration of xxxxxxxxxxxx providing a race car for the purpose of driving, training or racing said car, I ___________________________________ (participant) hereby acknowledge the following:
1. Motor sports and racing is inherently dangerous and could result in bodily injury, partial or total disability, paralysis or death,
2. Social and economic losses and/or damages resulting from motor sports risk could be severe,
3. My family, heirs and all next of kin are also aware of and acknowledge these motor sports risks.
I hereby release, waive, discharge and covenant not to sue xxxxxxx, his agents, employees or volunteers (hereinafter referred to as RELEASEES) for any liability, claim, and/or cause of action arising out of or related to any loss, damage or injury, including death, that occurs as a result of my participation in motor sports activities.
I agree to indemnify and hold harmless the RELEASEES whether injury is caused by my negligence, the negligence of the RELEASEES or the negligence of any third party. I further agree that this Release and Waiver of Liability is an agreement that shall bind the members of my family including my spouse, if I am alive, and my heirs, assigns, and personal representatives if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the RELEASEES.
I further agree that this Release and Waiver of Liability shall be construed in the broadest and most inclusive terms in accordance with the laws of the State of California and that if any portion thereof is held invalid, the balance shall continue in full force and effect.
By signing this Release and Waiver of Liability, I state that I have read, understand and agree to the conditions set forth herein and that no oral representations, statements or inducements have been made and that I sign this Release and Waiver of Liability of my own free will.
Participant Signature Date
