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Editorial / Team License Agreement

Welcome media professionals! This document confirms the agreement between Unlimited Off-Road Racing (“licensor”) and you, the recipient/signatory to this document (“licensee”), concerning permission to write copy (stories), shoot photography (“event photos”), and capture/record video footage (“event footage”) at the following races hereafter collectively referred to as the “Events”:

The Parker 400: Wednesday, January 10th to Sunday, January 14th, 2024, in Parker, Arizona.

The Mint 400: Wednesday, March 6th to Sunday, March 10th, 2024, in Las Vegas, Nevada.

The California 300: Wednesday, October 2nd to Sunday, October 6th, 2024, in Barstow California.

The names, images, likenesses, and all photos and video footage captured at these races are the exclusive property of Unlimited Off-Road Racing (UNLTD). They may not be used, co-opted, co-branded, sold, transferred, copied, shared, re-shared, re-posted, or used regardless of any social media platform sharing policies without a license from Unlimited Off-Road Racing. If you or a client of yours requires a Commercial License, please contact us prior to the event. Any company that uses the names, images, likenesses, and/or photos and/or video footage from the events without permission will automatically be billed a commercial license fee. Additionally, legal action may be taken that includes, but is not limited to, reporting the offending companies for copyright and/or trademark infringement. Please contact us about commercial licensing PRIOR to the events by emailing Matt Martelli at matt@madmedia.com.

LICENSE FEES AND LICENSE RIGHTS:

Unlimited Off-Road Racing hereby grants to licensee a non-exclusive, non-transferable license to write copy (stories), shoot photography, and capture video and/or film footage of the event for EDITORIAL and TEAM use only. This content must be posted AD FREE, without any monetization. This license is GRATIS, (free).

EDITORIAL:

Photography and video footage / clips used for online media, or print publications with copy (stories), that describe, recount, showcase or describe the Events. While the host website or print publication may contain advertisements, the content may NOT advertise a specific product or service. Video content may NOT be monetized in any manner, including but not limited to pre-roll, inline commercials, bumpers, pop ups, or banners within the video stream. Contact us if you need a commercial license.

TEAM:

Copy (stories), photography and/or video footage / clips used for online (team website, blog, Facebook, YouTube Instagram, Twitter, and/or Vimeo Page) that describe or showcase the TEAM'S attendance, competition in, and/or results of, the Events. The Team content may NOT advertise a specific product or service. Video content may NOT be monetized in any manner, including but not limited to pre-roll, inline commercials, bumpers, pop ups, or banners within the video stream.

Licensee agrees to use the Event copy, photos and footage only as permitted in the above described manner and will not use them in conjunction with the advertisement of a product or service - whether their own or a third party, without the express written permission from UNLTD.

YouTube monetization is expressly forbidden by this license.

All content must be ad free and free to view unless you obtain a written commercial license from us.

Examples of usage NOT granted in this document - that require additional licensing/permission:

COMMERCIAL USE:

Commercial use is defined as the use of UNLTD images, video or stories to sell or promote a service, company or brand, or to advertise a product. Using the Parker 400, Mint 400 or California 300 name, image, likeness or content on your company website or social media platforms is commercial use. Resharing sponsored athletes posts, or official Event images and videos on social media platforms is not allowed without a commercial license from the UNLTD. If you or your company are interested in a commercial license please contact Matt Martelli matt@madmedia.com
Example: Photo taken at The Parker 400 posted on Instagram page of a suspension kit company. That is commercial use.

3RD PARTY LICENSING:

Copy (stories), Photography, and/or Video/Film Footage from the festivities and/or Event may not be sold or transferred to a 3rd party media licensing company such as Getty Images, iStockPhoto, Shutterstock, and/or any other “stock” reseller, without express written permission from UNLTD.

PRESENTATION OF CONTENT:

Licensee shall adhere to the following guidelines when presenting, distributing, and/or publicly displaying any Copy (stories), Photos, and/or Video/Film Footage or “Clips” of the Event:

Copy (stories) written about the Events shall use the official designation of each race. Example: “The BFGoodrich Tires Mint 400” and include the official website: (www.theparker400.com, www.themint400.com and/or www.thecalifornia300.com) OR the official Event Facebook page. Where possible, please include the official Event artwork, available at: https://unlimitedoffroadracing.com/downloads *Please do not use photos from previous years events when writing about the Events. Photos from the current year are available to ALL media upon request.

All photos (Photography) taken at the Events, and published online or in print, must contain the Event name in the title of the photo. Wherever possible, please also include “Parker 400”, “Mint 400”, or “California 300” in the photo description, and please include the Event name in the meta tags. Additional photos from the Events are available to ALL media upon request.

All Video Clips produced from Footage captured at the Events and published (any video format), must include the official Event logo, available at: https://unlimitedoffroadracing.com/downloads. Ideally the logo should be displayed at the beginning of your video for five seconds. PLEASE do NOT alter the logo in any way – color, shape, size, OR crop the official sponsor logos! If you need assistance placing logos into your project please contact: alec@madmedia.com.

Please be sure to add the official Event name to your title and description. EX: “Dynamic Racing at the 2024 BFGoodrich Tires Mint 400”. Please also include the official website and/or the official Facebook page in the description of your video. For YouTube – please include the official TAGS.

USE OF MEDIA BY UNLTD:

UNLTD is the exclusive owner of ALL media captured at our events. Upon request, the Licensee shall furnish UNLTD with the highest resolution copies of the Copy (stories), Photography (photos), and Video/Film Footage of the Event. UNLTD shall pay all reasonable costs associated with receiving such assets, (shipping/handling). Licensee agrees to provide such assets in a timely manner. UNLTD shall retain the right to use any/all Copy (stories), Photography (photos), and Video/Film Footage recorded/captured by the Licensee, at the Event for any purpose, including the inclusion in our television program, online content, digital downloads, YouTube page, Facebook page, Instagram page, Twitter feed, etc… Where possible, UNLTD agrees to credit the Licensee by name, provided that such credit is reasonably and artistically feasible.

ASSUMPTION OF RISK / INDEMNIFICATION:

Licensee assumes all risks to their person and property in connection with their presence at the Events and recording of Events and assumes full responsibility for its use of the Event Copy, Event Photography, and Event Footage. This includes your equipment, personal automobile and the contents thereof. Licensee agrees to further indemnify and hold harmless; Unlimited Off Road Racing, The Arizona Race Corp, The Mint 400 Race Corp., The California 300 Race Corp. (including their officers, directors, members, employees, assignees, and agents) the Events sponsors, partners, and the Event landowners and permitees such as the Bureau of Land Management, against any/all claims, lawsuits, demands, damages, loss, liability, or expenses (including reasonable attorney's fees) arising out of Licensee’s presence or activities at the Events or use of the Event Copy, Event Photography, and Event Footage. The terms in this agreement shall supersede any/all contracts or agreements previously agreed to, by the Licensee.

TERM:

This Agreement shall be effective as of January 1, 2024, and shall remain in effect until December 31, 2024. It covers the licensee's rights to write copy, shoot photography, and capture video and/or film footage at all Unlimited Off-Road Racing events occurring within the 2024 calendar year, specifically including The Parker 400 (January 10th - January 14th, 2024), The Mint 400 (March 6th - March 10th, 2024), and The California 300 (October 2nd - October 6th, 2024). This term is inclusive of all preparatory and follow-up activities directly related to these events. The licensee understands that the rights and permissions granted under this Agreement are limited to the 2024 season, and any activities beyond December 31, 2024, will require a new or extended agreement.

REVOCABILITY:

This license is granted on a conditional basis and may be revoked by Unlimited Off-Road Racing at any time in the event of a breach of the terms of this Agreement by the licensee. Specific grounds for revocation include, but are not limited to, unauthorized use of event content, violation of the ad-free and non-monetization requirements, infringement of copyright or trademark laws, misrepresentation of event content, or any other action that contradicts the terms set forth in this Agreement.

Upon violation of any terms, the licensee will receive a written notice detailing the nature of the violation. A reasonable period, as determined by Unlimited Off-Road Racing, will be provided to the licensee to rectify the breach. The duration of this period will depend on the nature and severity of the violation. If the violation is not cured within the stipulated period, or in cases of severe breaches, the license will be immediately revoked. The licensee must then cease all use of event content and return or destroy any materials obtained under this Agreement, as directed by Unlimited Off-Road Racing.

Revocation of this license does not waive Unlimited Off-Road Racing's right to pursue further legal action against the licensee for breaches of this Agreement, including but not limited to claims for damages.

GENERAL PROVISIONS:

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes any prior understandings, agreements or representations by or among them with respect to its subject matter. This Agreement may be amended only by a written instrument signed by both parties. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. This media agreement may be updated at any time by Unlimited Off-Road Racing, and shall continue to be effective and binding on all parties regardless of the date of their signature.

I have read the above agreement and agree to all of the listed terms and conditions, especially those with regard to safety.

I understand that I am being granted an Editorial/Team license and NOT a commercial license and I understand the difference.

I understand that none of the content I capture may be monetized, nor may my clients monetize it on any platform.

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