This Agreement, when signed by the Applicant ("Member") and accepted by Harris Hill Road, Inc. ("H2R"), together with Membership Application which is incorporated into and is integral to this Agreement, and the Harris Hill Road Rules & Regulations as may be in effect from time to time, as specified below, shall constitute the full Agreement between H2R and Member with respect to Member’s use of the road course, paddock, clubhouse and related facilities of Harris Hill Road (the "Track").
This Agreement contains release and indemnification provisions and limitations on H2R's liability. You are urged to read it carefully, as you may be waiving certain rights.
The Track is a privately owned motor sports park available for the use of Member pursuant to this Agreement. The Track also will be available to non-members for special events scheduled by H2R.
Memberships afford Member a license to make recreational use of the Track facilities on a priority basis. Payment of the Initiation Fee and dues does not grant Member any ownership rights in H2R or in the Track or its facilities, or any rights of use not specifically set out in this Agreement. Membership does not give a member the right to use the Track facilities at all times. The use of the Track facilities will be restricted at certain times during the year, for example during special events. H2R, in its sole discretion, reserves the right to refuse use of the Track facilities to any person.
The purpose of this Agreement, which is legally binding on H2R and Member, is to set out the terms and conditions upon which Member will be entitled to use the facilities of Harris Hill Road, and certain rights and obligations of the parties with respect thereto.
There is only one main membership type at H2R. Upon payment in full of the applicable initiation fee and the monthly dues fixed from time to time by H2R, Member shall be entitled to the benefits and privileges specified in this Agreement. H2R also offers Corporate memberships on a case-by-case basis.
H2R reserves the right to establish additional membership classes at any time, at its sole discretion, and to offer other and different types or classes of memberships. If offered, Member shall have the right, at his, her or its option, to convert Member's membership class to any type or class offered for which Member qualifies, and the initiation fee previously paid shall be applied to any initiation fee charged for such membership. Unless otherwise specified in this Agreement, under no circumstance will Member be entitled to a refund of his, her or its initiation fee.
The initiation fee, current monthly dues and other fees applicable to the various membership classes are set forth in Attachment A. The amount of the initiation fee of new members and the amounts of the monthly dues and other charges applicable to the various membership classes, and the manner of their payment, is subject to change in the sole discretion of H2R. Any revisions to the membership terms made by H2R shall be automatically incorporated into and made a part of this Agreement. The timely payment of dues and other charges incurred by Member or Member's guests is a condition to the use of the facilities by Member and its Family Members and guests.
Peak sessions are Friday, Saturday and Sunday, and off-peak sessions are Monday, Tuesday and Thursday. All track sessions are 4 hours in length.
Member should make advance reservations for use of the track not later than 48 hours in advance.
A membership is personal to Member only, and Member may not transfer his or her membership at any time. H2R shall have the right to suspend the rights and privileges of any Member who advertises the sale of his or her membership or attempts to transfer his or her membership in violation of this provision.
Family Members (defined as spouse and children) can be added at one-half of the current initiation fee and monthly dues. Session fees stay the same. Such Family Members shall enjoy the privileges of membership contained in this Agreement so long as they meet the requirements contained in this Agreement and the Member consents to their continuing to enjoy such privileges.
Each Member, Family Member and guest is responsible for his or her personal property. H2R is not responsible for lost property or property stolen from anywhere at the Track facilities, and specifically disclaims any such responsibility. Personal property left at the Track facilities and not claimed within 30 days shall be considered abandoned and may be disposed of by H2R without notice. No bailment is intended, nor created, by the foregoing sentence.
Member acknowledges and agrees that:
Member hereby agrees to indemnify and save and hold harmless the releasees and each of them from any loss, liability, damage or cost they may incur due to the presence of Member or any of Member's invitees in or upon the restricted area while competing, observing or for any other purpose whatsoever making use of the facilities, regardless whether caused by negligence of any of the releasees or otherwise.
Member's physical and mental condition must be such as to allow him or her to use the road course without creating undue or unusual risk to Member or other persons. H2R may establish regulations regarding the medical condition of persons who use the road course and may require Member and/or his, her or its invitees to provide a letter from such person’s physician, or a physician selected by H2R, confirming that such person is fit to use the road course.
No person under the age of 18 shall be permitted to use the road course without special authorization from H2R and a duly executed parental waiver and release.
In the interests of the safety of members and others, H2R may from time to time establish regulations limiting or restricting the rights of members and other persons to use the road course.
All members, Family Members and their guests will be required to sign an insurance and liability waiver and release and an agreement to indemnify H2R and other releasees in substantially the form attached to this Agreement, as the same may be amended from time to time.
All drivers must have a valid driver's license issued by an appropriate governmental authority. H2R will have the right to verify each driver's qualifications and to reject any driver who does not have acceptable qualifications.
H2R, its duly authorized agents and assigns, may use Member's name and likeness and photographic, videotape and other images of Member, his, her or its Family Members and guests or their motor vehicles in any way and for any lawful purpose, and Member hereby relinquishes all rights thereto.
Initiation fees are due on execution of this Agreement. Following opening of the Track facilities for recreational use, dues, and all sums charged to Member's account on or before the last day of each month shall be due and payable to H2R on or before the 15th day of the next following month, or on such later date as H2R may choose to specify. A late fee in an amount to be fixed from time to time shall be payable to H2R for each month by which a Member’s account is delinquent, not to exceed the maximum lawful rate.
A damage deposit as specified in Attachment A is required to be maintained by Member during the tenure of his or her membership. These funds are to be considered the sole property of H2R and control and disposition are entirely at H2R's discretion. Upon termination of membership, by Member or H2R, these funds, net of any monies owed to H2R or damages assessed by H2R, will be returned.
H2R may suspend the rights and privileges of any Member whose account is more than 60 days delinquent. Until such time as a Member’s membership has been terminated, a Member who is suspended for non-payment of indebtedness shall have the right to have his membership reinstated upon payment in full of all indebtedness owing to H2R.
H2R shall have the unqualified right to make such rules and regulations for the use of all or any part of the Track facilities as it deems appropriate or advisable. All such rules and regulations shall become effective immediately upon posting a copy thereof in a conspicuous place on the Track premises and shall apply thereafter to all members, their Family Members and their guests.
The decision of H2R shall be final on all questions involving the interpretation or construction of the Rules & Regulations of the Track.
Member agrees that Member is bound by the terms of this Agreement and the Rules & Regulations of the Track, and agrees to be bound by any and all changes, repeals, amendments or additions to such Rules & Regulations.
H2R shall have the unqualified right to make such changes in the design, layout and composition of the Track and its facilities as it deems appropriate.
Whenever notice is required to be given to Member, it may be given either personally or by first-class mail, email, fax or other written communication, addressed to Member at the address of Member appearing on the books of H2R or at the address given by Member to H2R for the purpose of notice. If no current address appears on H2R's books and no other has been given, notice shall be deemed to have been given if it is given to that Member in person or by telephone or fax, or posted in the principal office of Harris Hill Road.
If during the term of this Agreement there should arise or occur any event or circumstance beyond the reasonable control of H2R, including without limiting the generality of the foregoing, the action of government, flood, fire, strike, lock-out or other labor unrest, riot, civil unrest, terrorism, war (whether declared or undeclared), or an act of God, which prevents, restricts or delays H2R from duly performing any of its obligations under this Agreement, then during the period that such event or circumstance, or the effects thereof, continues, performance by H2R of such obligation will be suspended and excused to the extent that it is so prevented, restricted or delayed.
A Member may not assign this Agreement or any of his, her or its rights hereunder. H2R may assign its rights under this agreement at any time. This Agreement shall be binding upon and inure to the benefit of Member's permitted heirs, executors, legal representatives and assigns and the successors and assigns of the Company.
The failure of either party to insist, in any one or more instances, on the performance of the terms, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right with respect to further performance.
The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision.
This Agreement represents the entire agreement of the parties and may be amended only by a writing signed by each of them.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, other than the conflicts of law provisions thereof. Venue of any dispute shall be exclusively in Hays County, Texas.
The headings in this Agreement are for purposes of reference only and shall not in any way limit or affect the meaning or interpretation of any of the terms of this Agreement.