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RULE CHANGE REGARDING RACERS
SUING NHRA
We print the following rule change as a public
service to NHRA racers without any comment other
than the Agent wonders what other constitutional
rights NHRA wants racers to sign away.
Section 19: Add after Participant Conduct heading
and first paragraph: Notwithstanding any other
provision of this Rulebook, by participating
in, and in consideration for being allowed to
participate in events, and in consideration
of receiving the numerous benefits available
to participants, each participant agrees that:
1. Participation
in any and every aspect of the sport of drag
racing is a privilege, not a right.
2. The participant
voluntarily chooses to participate in accordance
with the NHRA Rulebook.
3. The participant
will not initiate or maintain, directly or indirectly,
any kind of civil court litigation related to
any NHRA rule or decision, which NHRA determines
to be conduct
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detrimental
to NHRA or the sport of drag racing. Factors
considered in determining whether a lawsuit
shall be deemed conduct detrimental to NHRA
or the sport of drag racing include, but are
not limited to: the threat posed to maintaining
the ability to conduct races and the continued
viability of the sport of drag racing; disruption
to the orderly conduct of the sport of drag
racing; damage to NHRA's business and reputation;
loss of sponsorship opportunities; disruptions
in sponsor relationships; damage to goodwill
with vendors, sponsors, customers and members;
damage to racing competition; and other damage
to NHRA or the sport of drag racing.
4. In order
to preserve the sport of drag racing, and to
preserve NHRA's ability to function and exist
as a sanctioning body for drag racing, NHRA
must rely on the foregoing covenant not to sue.
5. NHRA would
be severely damaged by breach of this covenant
not to sue.
6. Taking into
account the many circumstances affecting the
sport of drag racing, and factors that cannot
be foreseen and accurately predicted by NHRA
and each participant, actual damages to NHRA
resulting from breach of the covenant not to
sue would be impracticable and extremely difficult
to determine.
7. In the event
of any breach of this covenant not to sue involving
a suit filed after May 1, 2004, unless the participant
prevails in its civil court litigation, the
participant:
a. May be
subject to permanent or temporary suspension
or exclusion from NHRA events; and
b. Must pay
all of NHRA's attorneys' fees and costs related
to the civil court litigation, including fees
and costs for in-house counsel (payment must
be made before participation, if eligible,
in any NHRA event); and
c. Must pay
any fine assessed by NHRA, up to $250,000
(payment must be made before participation,
if eligible, in any NHRA event). [5-20-2004]
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