TERMS AND CONDITIONS

1. LEASE OF THE VENUE

AVS hereby leases the Venue to Lessee, subject to the following specifications which shall be incorporated into this Agreement:

  • Event Date:
  • Description of Event:
  • Time of the Event:

2. FEES, CHARGES, AND PAYMENT TERMS

a. Related Venue Charges: Fees for the Event shall be collected as the “Related Venue Charges” specified in the attached Special Events Projection Statement. AVS reserves the right to charge guests for parking fees independently.

b. Initial Security Deposit: Due within twenty-four (24) hours following booking request and delivery of invoice (Monday through Friday, excluding major holidays).

  • Skid Pad Only: $300
  • Main Track Only: $500
  • Both Tracks: $500

c. Remaining Balance: The remaining balance must be paid in full at least one (1) business day prior to the Event date. Failure to remit timely payment will result in immediate event cancellation, and all deposits will be forfeited.

d. Deposit Refundability:

  • Deposits are 100% refundable if the cancellation occurs at least thirty (30) days before the scheduled Event date.
  • Deposits are non-refundable if the scheduled Event date is less than thirty (30) days away, or if the initial deposit payment was made more than six (6) months prior to the cancellation date.
  • There are no refunds on the Event date due to unforeseen circumstances (e.g., weather, accidents requiring early closure).

e. Additional Charges: Lessee may become obligated for other charges including overtime fees, equipment rentals, supplementary personnel, and damage costs.

f. Video Camera Fees: Waived for this Event, provided captured footage is used strictly for promotional, noncommercial purposes.

3. CANCELLATION AND LIQUIDATED DAMAGES

In the event that Lessee cancels the Event for any reason following the execution of this Agreement, or if AVS cancels the Event pursuant to Paragraph 2, AVS shall be entitled to retain the Initial Deposit pursuant to Paragraph 2(d), in addition to any additional deposits received prior to the date of cancellation.

Lessee and AVS hereby acknowledge and agree that, in the event of cancellation of the event for any reason other than an excusable cancellation event pursuant to Paragraph 2(d), AVS will incur damages in an amount which will, due to the special nature of the transaction contemplated by this Agreement, be impractical or extremely difficult to ascertain. In addition, lessee desires a limitation placed upon its potential liability in the event of cancellation. After due negotiation, the parties acknowledge and agree that the aggregate amount of lessee’s forfeitable deposits, as set forth in this paragraph 3, represents a reasonable estimate of the damages which AVS will sustain in the event of cancellation under the circumstances described.

4. FACILITY HOURS & OVERTIME

  • Daytime: Gates open 8 AM | Track 9 AM – 5 PM | Gates close 6 PM
  • Nighttime: Gates open 2 PM | Track 3 PM – 11 PM | Gates close 12 AM
  • Full Day: Gates open 8 AM | Track 9 AM – 11 PM | Gates close 12 AM
  • Overtime: All personnel and property must be off-site by gate closing. Failure to vacate will incur a $100 per hour fee. Subsequent bookings will be denied until the balance is cleared.

5. USE OF FACILITY & CHANGE ORDERS

a. “As-Is” Condition: Lessee accepts the Venue in its “as-is” condition, without any representation or warranty from AVS regarding its condition, utility, or fitness for a particular purpose. Lessee’s use of personal property or equipment is restricted to items specifically described herein or authorized by AVS in writing. Lessee shall utilize the Venue solely for the designated purposes and shall, at its own expense, comply with all applicable laws and AVS policies. While radio and television broadcasting are prohibited, Lessee can be granted the right to film, record, or videotape the Event with written permission.

b. Change Orders: Following the execution of this Agreement, Lessee may request additional personnel, services, or equipment from AVS, including but not limited to labor or rentals necessary for the Event. Should AVS agree to provide these additions, Lessee must execute a written Change Order form detailing the items furnished and the associated AVS fees. All such Change Orders require execution by both Lessee and AVS, concurrent with the payment of the additional fees charged by AVS.

c. Operational Capacity: Maximum 60 drivers for the Main Track; 10 drivers for the Skid Pad.

d. Sanitation: For events exceeding 50 drivers, a minimum of two additional portable toilets and handwashing stations shall be added to the rental. Pricing is subject to fluctuation based on the supplier’s prevailing rates for equipment, delivery, and pickup fees at the time of reservation.

e. Lighting: Night/Full Day events include solar-powered lighting. Additional lighting must be sourced by Lessee.

f. Exclusions: Tech garage use and third-party fire/medical services are not included.

6. CONDITIONS FOR USE AND OPERATIONAL REQUIREMENTS

a. Permits and Compliance: Lessee shall be responsible for securing all permits and licenses required to conduct the Event and assumes full liability for compliance with all applicable statutes, laws, and codes, including necessary approvals from the San Bernardino County Department of Building and Safety and the San Bernardino Fire Department. Failure to obtain such approvals shall constitute grounds for AVS to cancel the Event. Furthermore, Lessee shall remain responsible for strict adherence to the attached Venue Rules and Regulations addendum.

b. Production Plans: All event production plans, including diagrams, must be submitted to AVS for approval no later than seven (7) business days prior to the Event date, which approval shall not be unreasonably withheld; furthermore, all such plans are contingent upon receiving approval from the local county government. Lessee’s production materials shall not obstruct entrances, exits, or pathways, which must remain clear throughout the term of this Agreement; additionally, all cables in public areas and marked exit ways must be properly matted, ramped, or flown.

c. Egress: Entrances, exits, and pathways must remain unobstructed.

d. Catering: Lessee is solely responsible for all catering arrangements.

e. Age Restrictions: Minimum age for entry is 18 (with valid ID). Guests under 18 must be accompanied by a parent or legal guardian.

7. FIRE & FACILITY SAFETY

a. Safety/Clean-up (Fire Extinguishers): The refundable $300/$500 security deposit includes fire extinguishers. A fee of $80.00 will be deducted from the security deposit for each unit used, damaged, or missing.

b. Open Flames: No open flames without a permit. No indoor use of propane stoves.

c. Standing Burnouts: Strictly prohibited on the track, skid pad, or pit areas.

d. Track Access Enforcement: If Lessee has not rented both tracks, any participant found on the non-rented track will result in the immediate forfeiture of the Lessee’s full deposit and removal of the driver.

e. Right to Terminate: AVS reserves the right to cancel or shut down any event immediately if it is understaffed or if rules/regulations are violated.

8. SAFETY & COMPLIANCE

a. First-Time Organizer Requirements: Organizers hosting their inaugural event at Apple Valley Speedway with forty (40) or more drivers shall be required to remit a $1,000 refundable security deposit. Furthermore, the Organizer shall provide four (4) dedicated crew members to facilitate event operations, with responsibilities to include conducting driver meetings and technical inspections, flagging, operating tow-capable vehicles, and ensuring strict adherence by all attendees to facility rules and safety policies.

b. Mandatory Safety Meeting: A driver’s safety meeting must occur before the track may run “hot” to review rules, fire extinguisher locations, and pit procedures.

c. Conduct: Possession of alcohol and disruptive behavior will be strictly enforced.

d. Vehicle Inspection: Lessee is responsible for tech inspecting all vehicles. Specific vehicle safety requirements can be viewed here.

e. Helmet Requirements: JDM-style helmets are prohibited; all drivers/passengers must wear DOT Approved SA2025+ (during car operation) or M2025+ (during motorcycle operation) rated helmets (Skid Pad requires Min. SA2015/M2015). If a vehicle is on a “hot” track without proper headgear, the Event will be stopped, and the Lessee will forfeit their entire deposit.

f. Personnel Visibility: All staff and media personnel are required to wear high-visibility reflective vests at all times when operating within the designated confines of the track area, and must remain positioned near light poles for safety

g. Convertible Safety: Convertible vehicles must be equipped with either a four-point roll bar securely bolted to the chassis or a professional-grade full roll cage.

h. Facility Speed Limit: A strict speed limit of 5 mph is mandated and shall be enforced throughout the entire facility at all times, with the sole exception of designated “hot sessions” conducted on the active track surface.

9. SKID PAD SPECIFIC RULES

  • Helmets required at all times.
  • Spectators must remain behind tire walls or designated areas.
  • No parking or pitting on the skid pad surface.
  • Access restricted to the south entrance only.

10. INSURANCE, LIABILITY, AND INDEMNIFICATION

a. Insurance: Lessee shall maintain independent insurance for auto, health, and injury.

b. Liability Waiver: Lessee acknowledges AVS is a private race track and is not responsible for lost/damaged property, accidents, or bodily injuries. Lessee assumes all risks of motorsports (flying debris, etc.).

c. Indemnification: Lessee agrees to indemnify, defend, and hold harmless AVS and its associated parties (collectively “AVS Parties”) from any and all claims, liabilities, and demands (including attorneys’ fees and costs) arising from Lessee’s breach of this Agreement or their use/occupancy of the Venue. This indemnification obligation will survive the expiration or cancellation of this Agreement. AVS agrees to indemnify, defend, and hold harmless Lessee and their associated parties (collectively “Lessee Parties”) from any and all claims, liabilities, and demands arising from AVS’ willful misconduct or breach of this Agreement, or their use/occupancy of the Venue.

11. CLEAN-UP AND DAMAGES

a. Clean-up: Lessee is responsible for all labor/costs to reasonably clean the venue and remove personal items.

b. Hazardous Waste: Used oil must be disposed of exclusively in the designated barrels provided on-site.

c. Water Conservation: Abuse of the water pit or wasting water is strictly prohibited; violations will result in a minimum deduction of $300 for damages and utility waste.

d. Damage Forfeiture: In the event of damage to asphalt, fencing, walls, or restroom fixtures, the security deposit shall be subject to immediate and total forfeiture. Any missing or discharged fire extinguishers shall result in an automatic deduction from the Lessee’s security deposit. Furthermore, any liability or repair costs exceeding the amount of the security deposit shall be billed to the Lessee via a separate invoice, which shall be due and payable upon receipt.

e. Damage Pricing Schedule:

  • Light(s): $1,500
  • Asphalt, Fence, Wall, or Restroom Fixtures: $500
  • Lost/Damaged AVS Helmet: $200ea.
  • Lost/Damaged/Used Fire Extinguishers: $80ea.

12. PROPERTY & ABANDONMENT

Any personal property, vehicles, trailers, etc. left on the premises for more than 30 days will be deemed abandoned and forfeited to Apple Valley Speedway.

13. LEGAL AND MISCELLANEOUS PROVISIONS

a. Independent Contractor: The parties hereto are entering into this Agreement as independent contractors and no employment relationship, partnership; joint venture or other association shall be deemed created by this Agreement.

b. Notices: Unless otherwise required by law, all notices under this Agreement must be in writing and delivered either personally or via certified or registered U.S. mail, postage prepaid. Service is deemed effective immediately upon personal delivery or 72 hours after being deposited in the mail addressed to AVS. Any party may change its designated address for receiving such communications by providing written notice to the other parties in accordance with these procedures.

c. Modifications or Amendments. No amendment, change, or modification of this Agreement shall be enforceable or valid unless executed in writing and signed by all parties hereto.

d. Independent Counsel: Each party represents and warrants that they have been advised to obtain independent legal counsel regarding the preparation and analysis of this Agreement. The parties acknowledge and are fully aware that the opposing party’s counsel has not represented or purported to represent them. Each party confirms they have either been represented by independent counsel or have had the opportunity to do so, have read the Agreement with care, and fully understand its provisions and legal effect.

e. Attorneys’ Fees: In the event that any party institutes legal proceedings to interpret, enforce, or address a breach of this Agreement, the prevailing party shall be entitled to recover from the losing party all reasonable and actual attorneys’ fees and costs incurred in connection with such action.

f. Disclaimer of Interests: Lessee hereby disclaims any and all rights, title, and interest in the Location, excepting only the specific right of access and use granted under the terms of this Agreement. Lessee further acknowledges and stipulates that the right of access provided herein is at all times subordinate in all respects to, and contingent upon, all other existing interests in the Venue.

g. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, as applied to contracts executed and performed entirely therein. Any and all legal actions or proceedings arising from this Agreement shall be brought exclusively in the Superior Court of Los Angeles County, California.

h. Severability: Nothing herein shall be construed to require any act contrary to law. In the event of a conflict between any provision of this Agreement and any present or future statute, law, or regulation, the law shall prevail. Any affected provision shall be modified or limited only to the minimum extent necessary to ensure compliance with legal requirements while maintaining the remainder of the Agreement.

i. Entire Agreement: This Agreement constitutes the entire understanding and agreement between the parties regarding its subject matter. All prior agreements, understandings, or representations concerning said subject matter are hereby terminated, superseded, and rendered null and void.

j. Full Authority: Each party and signatory hereto represents and warrants that they possess the full right, power, legal capacity, and authority to execute this Agreement and perform their respective obligations hereunder. Such obligations shall be binding upon each party without the necessity of obtaining further approval or consent from any third-party person or entity.

k. Time of the Essence: Time is of the essence regarding all obligations.

l. Counterparts: This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute a single, integrated instrument.