Terms of Use
Last updated: April 13, 2026
Welcome to the Terms of Use (the "Terms" or "Agreement") for the mobile application (the "App") operated by Run Fast Racing, LLC ("Run Fast Racing," "we," "us," or "our"). Run Fast Racing may also maintain a website (the "Site") for informational purposes; however, the Site does not provide access to the Services. The App and any content, tools, features, and/or functionality offered on or through the App are collectively referred to as the "Services". These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your rights and responsibilities. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services. Run Fast Racing may update these Terms from time to time. If you keep using the Services after we update these Terms, we will treat your continued use as your agreement to the changes. For purposes of these Terms, "you" and "your" means the person using the Services. "Party" or "Parties" refers to one or both of the parties to this agreement, respectively. Disputes about these Terms and the Services are subject to binding arbitration as set forth in the "Mandatory Arbitration and Class Action Waiver" section below.
1. Eligibility
To use the Services, you must be at least eighteen (18) years of age and have the legal capacity to enter into these Terms. By creating an account, you affirmatively represent and warrant that you meet the age requirements set forth herein and that all information you provide, including your date of birth, is accurate and complete. Run Fast Racing reserves the right to request proof of age at any time, including through government-issued identification or other reasonable means. Failure to provide requested verification within ten (10) business days of such request may result in immediate account suspension or termination.
2. The Services
Run Fast Racing provides a subscription-based membership platform that offers users (each, an "Owner" or "Member") a curated horse racing ownership experience. Through the Services, Owners may follow designated racehorses, participate in community features, receive exclusive content and updates, request access to live horse racing events, and enjoy other experiential and promotional benefits as described herein. Owners will receive the full ownership experience, including rewards and perks that are typically reserved for racehorse owners. However, all references to "ownership" or "owners" within the Services are used for promotional and experiential purposes only and do not confer any legal ownership interest, equity stake, profit-sharing right, or investment interest in Run Fast Racing, any racehorse, or any other asset.
3. Application and Membership Approval
Depending on how you access the Services, you may be required to submit an application for membership. The application and approval process is at Run Fast Racing's sole discretion, and we reserve the right to accept or decline any application for any reason or no reason. Each application is reviewed by the Run Fast Racing team and may also be reviewed by one or more of our founding partners or their representatives. Run Fast Racing will use commercially reasonable efforts to notify you of the status of your application within five (5) business days of submission. If your application is approved, you will receive a confirmation via email. If your application is declined, you will be notified accordingly and may be placed on a waitlist, which Run Fast Racing reviews on a periodic basis. Applicants referred by current Owners may receive priority consideration in the review process, but referral does not guarantee approval. As a condition of membership, you may be required to acknowledge and agree to the Run Fast Racing Owner's Code (the "Owner's Code"), which sets forth the behavioral expectations and standards of conduct applicable to all Owners. The Owner's Code is incorporated into and forms part of these Terms. Run Fast Racing may update the Owner's Code from time to time, and your continued use of the Services following any such update constitutes your acceptance of the revised Owner's Code.
4. No Ownership Interest
As an Owner, you will receive the full ownership experience, including access to rewards, perks, and benefits that are typically reserved for racehorse owners. However, your membership in Run Fast Racing does not constitute legal ownership of any racehorse, equity ownership in Run Fast Racing, profit-sharing rights, or an investment contract or security under federal or state securities laws. Membership does not provide rights to proceeds from the sale of any horse and does not entitle you to any ownership interest in any racehorse or other asset. Any references to "owning" a racehorse, being an "owner," or similar language used in the Services, marketing materials, or communications are used solely to describe the experiential and promotional nature of your membership and shall not be construed as creating any legal ownership, partnership, joint venture, or investment relationship between you and Run Fast Racing or any third party.
5. Third-Party Services
The Services may contain links, referrals, or redirects to third-party services, including gaming, betting, and promotional platforms operated by third parties. For example, eligible Owners may be redirected to 1/ST BET or other designated partner platforms to create an account and earn promotional rewards in connection with the performance of designated racehorses. When you are redirected to a third-party platform, you leave the Services, and all activity conducted on such third-party platform occurs entirely outside of the Services. Any account you create on a third-party platform, and any transactions, wagers, rewards, or other activity conducted thereon, are governed solely by the terms of service and privacy policies of that third-party provider. You are responsible for reviewing and agreeing to such third-party terms directly with the applicable provider. Any promotional rewards offered through a third-party platform are promotional in nature, and the availability and amount of such rewards are subject to the terms and conditions of the applicable third-party platform. Run Fast Racing is not a betting operator, does not process wagers, is not responsible for betting losses, does not control third-party gaming accounts, and does not guarantee winnings or promotional rewards offered by third-party platforms. Run Fast Racing has no responsibility or liability for any acts, omissions, content, terms, policies, or practices of any third-party platform to which you are redirected. Any promotional rewards or benefits associated with third-party partner programs are subject to the terms and conditions of those programs and may be modified or discontinued at any time without notice.
6. Access Platforms
You may access and use the Services through: (i) our mobile application, as available on the Apple App Store (the "iOS App"); or (ii) our mobile application, as available on the Google Play Store (the "Android App"). These Terms and our Privacy Policy apply to your use of the Services. Your use of the App may also be subject to additional terms imposed by the applicable platform provider (e.g., Apple or Google), including their respective terms of service and usage policies. In the event of any conflict between these Terms and the mandatory terms required by the applicable platform provider, such platform terms will control solely to the extent required.
7. Use
We hereby permit you to use the Services for your personal, non-commercial use, provided that you comply with these Terms. If any software, content, or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you a limited, personal, non-assignable, non-sublicensable, non-transferable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Services and right to download the App onto your applicable device for the sole purpose of enabling you to use the Services as permitted by these Terms. You agree to use the Services responsibly and in compliance with applicable laws, regulations, and ethical standards. Run Fast Racing may monitor usage patterns to prevent abuse and may suspend or terminate access in its sole discretion.
8. Mobile Device Requirements and Platform Terms
You are responsible for providing the mobile device, wireless service plan, internet access, and other equipment necessary to download, install, and use the App. We do not guarantee that the App will be available in any specific geographic location or on all devices. The Services are currently available to users located in the United States only. You may receive push notifications, SMS messages, or other alerts through the App or the Services. You control these through your device settings or as described in the message. The App may request access to your device's location services. Enabling location permissions allows us to provide location-based features, including verification of your presence at racing events. You may disable location services at any time through your device settings, though this may limit certain features of the Services. You are solely responsible for any fees, costs, or expenses incurred through your use of the App.
9. Apple App Store
If you access or download the App from the Apple App Store, the following additional terms apply: (i) these Terms are between you and Run Fast Racing only; Apple Inc. ("Apple") is not a party and has no responsibility for the App or its content; (ii) you are granted a non-transferable license to use the App on any Apple-branded device that you own or control, in accordance with the App Store Terms of Service; (iii) Apple has no obligation to provide maintenance or support for the App; (iv) in the event of a failure to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any), but Apple has no further warranty obligations; (v) Run Fast Racing is solely responsible for all claims relating to the App, including product liability, failure to comply with legal or regulatory requirements, consumer protection, privacy, and intellectual property infringement; and (vi) you acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them as such.
10. Google Play Store
If you access or download the App from the Google Play Store, the following additional terms apply: (i) these Terms are between you and Run Fast Racing only; Google LLC ("Google") is not a party and has no responsibility for the App or its content; (ii) you are granted a non-transferable license to use the App on any compatible device that you own or control, in accordance with the Google Play Terms of Service; (iii) Google has no obligation to provide maintenance or support for the App; and (iv) Run Fast Racing is solely responsible for all claims relating to the App, including product liability, failure to comply with legal or regulatory requirements, consumer protection, privacy, and intellectual property infringement.
11. Restrictions
You agree not to, and will not permit others to do any of the following: (i) copy our App, Site, or Services or create similar versions based on the Services; (ii) share access to the Services, including your account credentials or QR codes, with any third party without our permission; (iii) use the Services on behalf of any third party except as expressly permitted by us; (iv) incorporate the Services into any other software, product, or service offering; (v) interfere with or circumvent any security, performance, or usage-limiting features of the Services; (vi) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or logic of the Services, except to the limited extent that such activities are expressly permitted by applicable law notwithstanding this limitation, and then only upon prior written notice to Run Fast Racing; (vii) remove, obscure, or alter any proprietary notices, disclaimers, or branding appearing in the Services; (viii) use the Services for competitive analysis or to develop a competing product or service; (ix) use the Services for any illegal, harassing, threatening, defamatory, or otherwise objectionable purpose; (x) misrepresent your membership status, including by claiming actual legal ownership of any racehorse or any equity interest in Run Fast Racing; (xi) transfer, sell, or attempt to sell your membership, QR code, or event access to any third party; (xii) encourage or assist any third party in any of the foregoing activities; or (xiii) infringe or violate another party's intellectual property rights through use of the Services.
12. Member Conduct
As a condition of membership, you agree to conduct yourself professionally and respectfully at all times when using the Services and attending events. You agree to treat all individuals associated with Run Fast Racing, including fellow Owners, celebrity partners, staff, event personnel, and third-party vendors, with courtesy and respect. Disruptive, threatening, harassing, or disrespectful behavior directed toward any Run Fast Racing partner, Owner, or event participant may result in immediate suspension or permanent termination of your membership, at Run Fast Racing's sole discretion and without refund. Without limiting the generality of the foregoing, you agree to: (i) respect the personal boundaries and privacy of all individuals at events; (ii) represent the Run Fast Racing community in a professional manner; (iii) comply with all venue rules, event guidelines, and instructions from Run Fast Racing staff or event personnel; and (iv) refrain from any conduct that could bring Run Fast Racing or its partners into disrepute. Run Fast Racing's determination that a violation of this Section has occurred shall be final and binding.
13. Privacy Protection
Our Privacy Policy describes how we collect, use, and protect your personal information. By using the Services, you agree to the practices described in the Privacy Policy.
14. Your Content
You retain all ownership rights in and to any data, text, files, photos, or other content you submit or upload to the Services ("Your Content"). We do not claim ownership of Your Content.
15. Limited License
You grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, reproduce, modify, display, and distribute Your Content solely to provide and support the Services, comply with law, and as otherwise described in these Terms. You are solely responsible for Your Content and represent and warrant that you have all necessary rights, consents, and authority to submit Your Content and grant the rights described above. We reserve the right to remove any of Your Content from the Services at our discretion, including where it violates these Terms or applicable law.
16. Marketing and Promotional Use
By submitting content to Run Fast Racing, including photos, testimonials, comments, or other materials through the Services, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, display, and distribute such content for marketing, promotional, and business purposes, including on our website, social media channels, and in advertising materials. You may revoke this license at any time by contacting us at team@runfastracing.com, provided that revocation shall not affect any use that occurred prior to such revocation.
17. Usage Data
Run Fast Racing may collect and use data relating to your access, interactions, and usage of the Services, including technical logs, performance metrics, device identifiers, system events, and location data ("Usage Data"). Run Fast Racing owns all rights, title, and interest in and to Usage Data. We may use Usage Data for analytics, troubleshooting, system improvement, and service optimization, provided that it does not include or reveal Your Content in identifiable form.
18. Data Sharing and Third-Party Providers
Run Fast Racing may share certain information with third-party service providers in connection with the provision of the Services. We share information with these providers under contractual agreements that limit their use of your data to the purposes for which it was shared. However, you acknowledge that transmitting your data to third-party services involves inherent risks, and we cannot guarantee absolute control over data once transmitted to third parties, despite contractual protections. To the fullest extent permitted by applicable law, Run Fast Racing is not responsible for any unauthorized use, disclosure, or processing of your data by third-party providers that occurs in violation of our contractual agreements with such providers.
19. Data Retention
We do not sell Your Content to third parties. We may retain Your Content as needed to deliver the Services, fulfill your requests, maintain service continuity, or comply with legal obligations. Separately, we collect and retain Usage Data, including logs and metadata generated through your use of the Services. Run Fast Racing owns all rights in and to Usage Data, which may be used for analytics, performance optimization, and improving the Services. Your account data and any associated content are retained for the duration of your account and for a reasonable period thereafter to allow for account recovery and compliance with legal obligations.
20. Location Data
The Services may collect precise geolocation data when you enable location permissions on your device. By enabling location services for the App, you expressly consent to our collection, use, and processing of your location data. Location data may be used to verify your presence at racing events, provide location-based features, and improve the Services. You have the right to withdraw this consent at any time by disabling location services through your device settings, though this may limit certain features of the Services.
21. Friend Referrals
The Services may allow you to submit information about friends or other individuals, including their name, email address, and date of birth, for the purpose of inviting them to join the Services. By submitting such information, you represent and warrant that you have obtained the consent of each individual whose information you provide and that you have the authority to share such information with Run Fast Racing. You are solely responsible for ensuring that your submission of any third-party information complies with applicable laws and regulations.
22. Account Registration and Security
To access the Services, you are required to create an account and submit an application for membership. During registration, you will be asked to provide your name, email address, date of birth, phone number, social media profiles (such as Instagram and LinkedIn), referral source, and such other information as we may require. Your phone number will be used for multi-factor authentication purposes. You agree to provide accurate, complete, and up-to-date account information, and to keep your login credentials secure. You are solely responsible for activity on your account. Notify us immediately at team@runfastracing.com if you suspect unauthorized access to your account. We may suspend or terminate accounts in our sole discretion.
23. Account Deletion and Data Removal
You may delete your account at any time by following the instructions within the App or by contacting us at team@runfastracing.com. Upon account deletion, we will delete or anonymize your personal data in accordance with our Privacy Policy, subject to any legal retention obligations.
24. Run Fast Racing Intellectual Property
These Terms grant you a limited right to access and use the Services as provided. Except for rights explicitly granted to you in these Terms, Run Fast Racing and its licensors retain all rights, title, and interest in and to the Services, including all related software, user interfaces, documentation, branding, trademarks, and proprietary technologies. You do not acquire any ownership interest or license in the Services or any underlying system or architecture, whether by implication, estoppel, or otherwise.
25. Feedback
We welcome any suggestions, ideas, improvements, or recommendations provided by you relating to Run Fast Racing, our Services, or the functionality of our Services ("Feedback"). By submitting any Feedback, you agree that we may use such Feedback without restriction. You hereby assign to us all rights, title, and interest in and to any Feedback you submit. Where assignment is not permitted by law, you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and incorporate your Feedback into the Services or other products without compensation or attribution. We are under no obligation to use or act on any Feedback.
26. Copyright Infringement Claims
Run Fast Racing respects the intellectual property rights of others and expects users of the Services to do the same. In accordance with the Digital Millennium Copyright Act of 1998, as amended ("DMCA"), Run Fast Racing will respond expeditiously to claims of copyright infringement committed using the Services that are reported to our designated copyright agent. If you are a copyright owner, or authorized to act on behalf of one, and believe that any content available through the Services infringes your copyright, you may submit a notification pursuant to the DMCA by providing our designated copyright agent with the required information in writing. Notices of claimed infringement should be directed to Run Fast Racing's designated copyright agent at: team@runfastracing.com, with the subject line "DMCA Notice."
27. Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis without warranties of any kind, express, implied, or statutory. To the maximum extent permitted by law, Run Fast Racing specifically disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title. Run Fast Racing does not guarantee any particular race outcome, horse performance, or event experience. You understand and agree that: (i) horse racing is inherently unpredictable and race results are beyond our control; (ii) event access is subject to availability and may be modified, rescheduled, or cancelled without notice; (iii) when a designated racehorse achieves a qualifying result, Owners will receive a reward payment; provided, however, that the amount of any such reward payment is at the sole discretion of Run Fast Racing and may vary based on purse size, membership base, and other factors; and (iv) your membership does not entitle you to any guaranteed race outcome or horse performance. You acknowledge that no information provided by the Services constitutes legal, financial, investment, or other professional advice. Run Fast Racing does not provide investment advice and your membership does not constitute an investment. You are solely responsible for your own decisions regarding betting, gaming, or any other activities undertaken in connection with or independent of the Services. Run Fast Racing may modify, suspend, or update the Services, including membership benefits, event access, and promotional features, at any time without notice. You acknowledge that the scope and nature of membership benefits may change over time. You acknowledge that you have not relied on any representations or warranties not expressly set forth in these Terms.
28. Event Access
As part of your membership, you may request access to live events, including trackside access and, where applicable, access to the winner's circle. Event access is subject to availability, venue policies, and the rules and regulations of the applicable racetrack or event organizer. Certain premium events may require separate payment or may not be available to all membership tiers. Run Fast Racing does not guarantee specific event access and is not responsible for event cancellations, modifications, or restrictions imposed by third-party venues or event organizers.
29. QR Codes and Event Check-In
Owners may receive a QR code through the Services for use in connection with event access and check-in. Your QR code is personal to you and may not be transferred, shared, or sold. At certain events, scanning your QR code may require you to acknowledge and agree to a separate liability waiver or release as a condition of entry. You understand and agree that your attendance at any racing event may be conditioned upon your execution of such waivers or releases.
30. Assumption of Risk
You voluntarily assume all risks associated with attending events, including but not limited to risks of personal injury, property damage, exposure to weather conditions, risks inherent in the proximity to horses, racing activities, and large crowds, and risks associated with the consumption of food, beverages, and alcoholic beverages at events. Run Fast Racing is not responsible for injuries, losses, or damages sustained at any event, whether caused by the negligence of Run Fast Racing, event organizers, racetrack operators, jockeys, or other third parties, except to the extent that such liability cannot be excluded or limited under applicable law.
31. Event Liability Waiver and Release
By attending any event accessed through or in connection with the Services, you hereby voluntarily and irrevocably waive, release, and forever discharge Run Fast Racing, its affiliates, and each of their respective officers, directors, employees, agents, contractors, licensors, and representatives (collectively, the "Released Parties") from any and all claims, demands, causes of action, suits, damages, losses, liabilities, costs, and expenses (including attorneys' fees) of any kind or nature, whether known or unknown, suspected or unsuspected, arising out of or in any way related to your attendance at, participation in, or travel to or from any such event, including but not limited to claims for personal injury, bodily harm, death, property damage, emotional distress, or any other loss, whether caused by the negligence of any Released Party or otherwise. Notwithstanding the foregoing, this waiver and release shall not apply to claims arising from the gross negligence, willful misconduct, or intentional acts of any Released Party, or to the extent such liability cannot be waived or limited under applicable law. You acknowledge that horse racing events involve inherent and significant risks, including but not limited to risks associated with proximity to horses and racing activities, unpredictable animal behavior, large crowds, uneven or hazardous terrain, adverse weather conditions, and the acts or omissions of third parties, and you voluntarily assume all such risks. This waiver and release is intended to be as broad and inclusive as permitted by applicable law and shall be binding upon you and your heirs, executors, administrators, personal representatives, and assigns. If any portion of this waiver is found to be unenforceable, the remaining portions shall continue in full force and effect.
32. Alcohol and Food Assumption of Risk
Events accessed through the Services may involve the availability and service of alcoholic beverages, food, and other refreshments, which may be provided by Run Fast Racing or by third-party vendors. By attending any event, you acknowledge and agree that: (i) you are solely responsible for your consumption of alcoholic beverages and food at any event; (ii) you will comply with all applicable laws regarding the purchase and consumption of alcohol, including minimum legal drinking age requirements; (iii) you assume all risks associated with the consumption of food and beverages, including but not limited to risks related to food allergies, dietary restrictions, foodborne illness, and intoxication; (iv) Run Fast Racing is not liable for any injury, illness, death, or damage arising from your consumption of food or alcoholic beverages at any event, whether such food or beverages are provided by Run Fast Racing or by third-party vendors, except to the extent that such liability is imposed by applicable dram shop, liquor liability, or other mandatory statutory provisions that cannot be waived by contract; and (v) where food or beverages are provided by third-party vendors, such vendors are independent contractors and not agents or employees of Run Fast Racing, and Run Fast Racing disclaims all liability for the acts, omissions, products, or services of such vendors, except as otherwise required by applicable law. Nothing in this section shall be construed to limit or waive any non-waivable rights or protections afforded to you under applicable state or federal law.
33. Guest and Minor Attendance Policy
Members may be permitted to bring guests to certain events, subject to availability and the prior written approval of Run Fast Racing. All guests must comply with these Terms and any applicable venue policies. As a condition of attendance, each guest must execute a liability waiver and release in a form provided by or acceptable to Run Fast Racing prior to entry. You are solely responsible for ensuring that each guest you invite complies with all applicable requirements. You agree to indemnify and hold harmless the Released Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to the attendance or conduct of any guest or minor you invite to an event, including any injury, illness, or property damage sustained by or caused by such guest or minor.
34. Media Release
By attending any event accessed through or in connection with the Services, you consent to being photographed, filmed, recorded, or otherwise captured in any media by Run Fast Racing, its affiliates, contractors, or other attendees. You grant Run Fast Racing a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, display, distribute, and create derivative works from your name, likeness, image, voice, and appearance as captured at any event, for any purpose, including marketing, promotional, editorial, and commercial purposes, without further notice, consent, or compensation. If you do not wish to be photographed or recorded, you must notify Run Fast Racing in writing at team@runfastracing.com prior to the event, and Run Fast Racing will use commercially reasonable efforts to accommodate such request, though it cannot guarantee the exclusion of your likeness from all media captured at the event.
35. Event Insurance
Run Fast Racing does not represent or warrant that any event accessed through the Services is covered by liability insurance, property insurance, or any other form of insurance coverage. You are solely responsible for obtaining any personal insurance coverage you deem appropriate in connection with your attendance at events, including but not limited to health insurance, personal liability insurance, and travel insurance. The absence of insurance coverage shall not limit or affect the enforceability of any waiver, release, assumption of risk, or limitation of liability set forth in these Terms.
36. Subscription Terms and Auto-Renewal
Membership in the Services requires payment of a recurring subscription fee in the amount and at the frequency specified at the time of enrollment (the "Membership Fee"). Your subscription will automatically renew at the end of each billing cycle at the then-current Membership Fee unless you cancel prior to the renewal date. You may cancel your subscription at any time through the App or by contacting us at team@runfastracing.com. Cancellation will take effect at the end of the then-current billing cycle, and you will retain access to the Services through the remainder of that cycle. Run Fast Racing reserves the right to modify the Membership Fee upon thirty (30) days' prior written notice to you. If you do not agree to a fee change, your sole remedy is to cancel your subscription before the new fee takes effect. Continued use of the Services after the effective date of a fee change constitutes your acceptance of the updated Membership Fee.
37. Payment Authorization
You acknowledge and agree that all the payment information you provide to Run Fast Racing is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or to our payment processor.
38. Authorized Payment Methods
You may use any payment method accepted by Run Fast Racing as listed on the Services. We will collect your payment information in order to carry out collection of payment. We may utilize third-party payment processors to process payments on our behalf. We do not guarantee the availability of any specific method at any given time and may add, suspend, or remove payment methods at our discretion.
39. Refunds and Consumer Rights
Except as required by applicable law or as otherwise stated in these Terms, all payments are final and non-refundable. We are not responsible for providing or processing refunds unless required by law. Notwithstanding the foregoing, certain jurisdictions may provide consumer rights that apply to you. These Terms do not limit or waive any non-waivable rights you may have under such laws.
40. Payment Processing
We use Stripe, Inc. ("Stripe") to provide payment processing services. By submitting payment information through the Services, you agree to be bound by Stripe's service agreements, as updated from time to time. You authorize us to share the information you provide to us with Stripe as necessary to facilitate payments, comply with applicable law, and operate the Services. Stripe may collect and process personal data in accordance with its own privacy policy. We do not control and are not responsible for Stripe's handling of your information. Your access to payment-enabled features may be suspended or terminated if you violate Stripe's services agreement or if Stripe declines to process a transaction. Stripe is solely responsible for the performance and security of its payment services, and any disputes related to those services must be resolved directly with Stripe. In the event of any conflict between these Terms and Stripe's services agreement with respect to payment processing, Stripe's services agreement will control.
41. Indemnification
You agree to indemnify and hold harmless Run Fast Racing, its affiliates, and each of their respective officers, directors, employees, contractors, agents, licensors, and representatives from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and penalties imposed by a governmental or regulatory authority) arising out of or relating to: (i) your breach or violation of these Terms; (ii) your use or misuse of the Services; (iii) any content you submit, upload, or provide through the Services, including any claim that such content infringes, misappropriates, or violates the intellectual property, privacy, or other rights of any third party; (iv) your violation of any applicable law or regulation in connection with your use of the Services; (v) your attendance at or participation in any event accessed through the Services, including any injury, loss, or damage arising therefrom; (vi) the attendance or conduct of any guest or minor you invite to any event, including any injury, illness, property damage, or other claim arising from or related to such guest's or minor's presence at the event; (vii) your misrepresentation of your membership status, including any claim of actual ownership of any racehorse or equity interest in Run Fast Racing; or (viii) your use of any third-party integrations, services, or applications accessed through the Services. Run Fast Racing shall provide you with prompt written notice of any claim for which it seeks indemnification, provided that failure to provide such notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such failure. Run Fast Racing shall use commercially reasonable efforts to mitigate any damages for which it seeks indemnification hereunder. Run Fast Racing reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense.
42. Limitation of Liability
To the fullest extent permitted by law, in no event shall Run Fast Racing, its affiliates, or any of their respective officers, directors, employees, agents, contractors, or representatives be liable: (i) for claims arising out of or relating to the digital Services (including the App, content, and online features), for any amount exceeding the total fees paid by you to Run Fast Racing during the twelve (12) months immediately preceding the event giving rise to the claim; (ii) for claims arising out of or relating to your attendance at or participation in any live event accessed through the Services (excluding claims for bodily injury or death, which shall not be subject to a monetary cap), for any amount exceeding the greater of (a) the total fees paid by you to Run Fast Racing during the twenty-four (24) months immediately preceding the event giving rise to the claim, or (b) five thousand dollars ($5,000); or (iii) for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost business opportunities, loss of goodwill, loss of data, betting losses, or diminution in value, whether based in contract, tort, negligence, strict liability, or otherwise, even if Run Fast Racing has been advised of the possibility of such damages or the remedy otherwise fails of its essential purpose. The exclusion of consequential damages in this subsection (iii) shall not apply to claims for bodily injury or death arising from Run Fast Racing's negligence. Some jurisdictions do not allow certain limitations, so the above may not apply to you in full.
43. Essential Basis for the Bargain
You acknowledge and agree that these limitations of liability are an essential part of the basis of the bargain between you and Run Fast Racing and that Run Fast Racing would not provide the Services to you without your agreement to these limitations.
44. Arbitration
If a dispute arises concerning the interpretation of these Terms or the performance of either Party under them, the Parties agree to first attempt resolution through good faith executive-level discussions. Either Party may initiate this process by delivering a written Notice of Dispute. If the Parties are unable to resolve the dispute within thirty (30) days, the matter shall be resolved by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, as modified by this section, and in accordance with the Federal Arbitration Act (Title 9 of the United States Code). Notwithstanding the foregoing, either Party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court, provided that the action remains in small claims court and is not removed or transferred to a court of general jurisdiction. The arbitration shall be administered by the AAA and decided by a single arbitrator. The arbitrator shall apply the substantive law of the State of Delaware, without regard to its conflict of laws principles, to the merits of any dispute. The legal seat of arbitration shall be Wilmington, Delaware, but unless the Parties agree otherwise, the arbitration proceedings (including hearings) shall be conducted remotely by video conference or other virtual means. The arbitration must be initiated within a reasonable time after the dispute arises, and all statutes of limitation that would apply in a judicial proceeding shall apply. The arbitrator's decision shall be final and binding, and judgment may be entered thereon in any court of competent jurisdiction. No arbitration may include any person or entity not a party to this Agreement without both Parties' written consent. Each Party waives any right to appeal, review, or vacate the award, except as permitted under the Federal Arbitration Act. Unless otherwise required by applicable law or the AAA's applicable rules, each Party shall bear its own costs and expenses, including attorneys' fees, incurred in connection with the arbitration. The arbitrator may, in the arbitrator's discretion, award reasonable attorneys' fees and costs to the prevailing Party where a claim or defense is found to have been frivolous or brought in bad faith.
45. Class Action Waiver
You and Run Fast Racing agree that each party may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
46. Authority
Each Party represents that it has full authority to enter into these Terms and bind itself to its terms.
47. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. You and Run Fast Racing agree that any legal action or proceeding arising under or related in any way to these Terms will be brought in the state or federal courts of appropriate jurisdiction located in Wilmington, Delaware and venue will be proper in that court. Notwithstanding the foregoing, either Party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
48. Amendment; No Waiver
Run Fast Racing may update these Terms from time to time by posting a revised version on the App. For material changes, Run Fast Racing will provide you with at least thirty (30) days' prior notice through the App, email, or other reasonable means before the changes take effect. If you do not agree to the updated Terms, your sole remedy is to discontinue use of the Services and cancel your account prior to the effective date of the changes. Your continued use of the Services after the effective date of any updated Terms constitutes your acceptance of such changes. Except for such unilateral updates, these Terms may not be amended except in a signed writing executed by authorized representatives of both Parties. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
49. Force Majeure
Except for payment obligations, neither Party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage not caused by the obligated party; government restrictions; pandemic; or other event outside the reasonable control of the obligated party. Each Party will use reasonable efforts to mitigate the effect of a force majeure event. If a force majeure event continues for a period exceeding ninety (90) consecutive days, either Party may terminate these Terms upon written notice to the other Party, and upon such termination, Run Fast Racing shall refund to you a pro-rata portion of any prepaid Membership Fee attributable to the period following the effective date of termination.
50. Relationship of the Parties
You and we agree that no joint venture, partnership, employment, or agency relationship exists between us. Your membership does not create any partnership, joint venture, or investment relationship between you and Run Fast Racing.
51. Compliance with Laws
We will comply with all applicable U.S. federal and state laws in our operation and our provision of the Services. The Services are currently available only within the United States. We reserve the right to disclose any information as necessary to comply with legal obligations, including laws, regulations, legal processes, or government requests.
52. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be replaced by a valid and enforceable provision that most closely reflects the intent of the original, and the remainder of these Terms will remain in full force and effect.
53. Notices
If you need to contact us for legal purposes, you may do so by email at team@runfastracing.com or through any contact method listed in our application. We may provide you with notices via email, SMS messaging, in-app messaging, or through any contact information associated with your account. You are responsible for keeping your contact details up to date.
54. Entire Agreement
These Terms, including our Privacy Policy and the Owner's Code, constitute the entire agreement between you and Run Fast Racing regarding the Services. Additional terms, disclosures, or acknowledgments presented to you during the application, onboarding, or event check-in process are incorporated into these Terms by reference. They supersede all other prior and contemporaneous proposals, agreements, or understandings, whether oral, written, or electronic. We expressly object to and reject any additional or conflicting terms you propose. Our obligations are not contingent upon the delivery of any future functionality or features unless expressly agreed to in writing.
55. Assignment
You may not assign or transfer these Terms, in whole or in part, without Run Fast Racing's prior written consent, and any attempt to do so without consent will be null and void. We may assign or transfer these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, these Terms will bind and inure to the benefit of the Parties and their respective permitted successors and assigns.
56. No Third Party Beneficiaries
Except as expressly provided in these Terms, including with respect to Apple Inc. and its subsidiaries and Google as third-party beneficiaries of certain provisions related to the iOS App and Android App, respectively, nothing in this Agreement is intended to or will confer upon any third party any right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
57. Contract for Services
These Terms are for the provision of Services and not a sale of goods. The Uniform Commercial Code (UCC), the Uniform Computer Information Transactions Act (UCITA), and the United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms.
58. Accessibility
Run Fast Racing is committed to making the Services accessible to all users, including individuals with disabilities. We endeavor to comply with applicable accessibility standards and guidelines. If you experience any difficulty accessing or using the Services, please contact us at team@runfastracing.com, and we will make reasonable efforts to address your concerns.
59. California Privacy Rights
If you are a California resident, you may have additional rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act ("CCPA/CPRA"), including the right to know what personal information we collect, the right to request deletion of your personal information, and the right to opt out of the sale or sharing of your personal information. For more information about your California privacy rights and how to exercise them, please refer to our Privacy Policy or contact us at team@runfastracing.com.
60. Survival
Upon termination or expiration of these Terms, the following provisions shall survive and remain in full force and effect: Sections relating to Your Content and Accounts, Intellectual Property, Disclaimer of Warranties, Event Access and Assumption of Risk, Indemnification, Limitation of Liability, Mandatory Arbitration and Class Action Waiver, and Miscellaneous, together with any accrued payment obligations and any other provisions that by their nature are intended to survive termination or expiration.
61. Termination
Either Party may terminate these Terms at any time by providing written notice to the other Party. Notwithstanding the foregoing, Run Fast Racing may terminate or suspend your access to the Services immediately and without prior notice if you breach these Terms, violate the Owner's Code, engage in conduct prohibited under the Member Conduct section, or if continued provision of the Services becomes impracticable or unlawful. Run Fast Racing may, in its sole discretion, impose a permanent ban prohibiting you from reapplying for membership. Upon termination: (i) your right to access and use the Services will immediately cease; (ii) you remain liable for any fees or charges incurred prior to termination; (iii) any unused portion of a prepaid Membership Fee is non-refundable except as required by applicable law; and (iv) the provisions identified in the Survival section shall survive termination.
62. Interpretation
The headings used in these Terms are for convenience only and will not affect the interpretation of any provision. The words "including," "such as," and similar terms are to be construed without limitation. These Terms will not be construed against either Party as the drafter.
63. Contact
If you have questions about these Terms, please contact us at team@runfastracing.com.