FOAT TICKET SERVICE AGREEMENT

This FOAT Ticket Service Agreement (the "Agreement") is a legally binding contract between The FOAT ("The FOAT," "we," "us," or "our") and the event organizer, promoter, or seller registering an account or creating a ticketed event on/through the Services (the "Organizer," "you," or "your") effective as of the Effective Date. By clicking to accept, registering an Organizer account, creating or listing an event, or otherwise using the ticketing functionality to sell tickets and/or merchandise, you agree to be bound by this Agreement. This Agreement is incorporated into and forms part of FOAT's Terms of Service ("TOS"), and capitalized terms not defined herein have the meanings given in the TOS.

Incorporation by Reference; Order of Precedence

The TOS (including the policies incorporated therein such as The FOAT's Privacy Policy, Spam Policy, and IP policies) is incorporated by reference. If there is any conflict between this Agreement and the TOS regarding Organizer facing ticketing matters, this Agreement controls; otherwise, the TOS governs.

Effective Date; Versioning; Modifications

The "Effective Date" of this Agreement is the earlier of (a) the date Organizer first accepts this Agreement during account registration or event creation; or (b) the date Organizer first uses the Services to create, list, or sell tickets after the "Last Updated" date posted at the top of this Agreement. The FOAT may modify this Agreement from time to time by posting an updated version with a new "Last Updated" date and, where required, by providing notice (e.g., via the Services or email). Continued use of the Services (including maintaining live listings or selling tickets) after the updated Effective Date constitutes acceptance of the modified Agreement.

Legacy Organizers; Continued Use

Organizers previously bound to prior versions agree that, by continuing to access the Services, maintaining listings, or selling tickets after the posted "Last Updated" date, they accept the then-current Agreement. The FOAT may require click-through or other indication of re-acceptance for material updates.

The FOAT as an Agent

Organizer acknowledges and agrees that The FOAT provides a ticketing and registration platform and acts solely as a limited agent for the Organizer to facilitate ticket and merchandise sales and related payments. The FOAT is not the seller, producer, sponsor, or operator of any event and is not affiliated with or endorsed by any brand or series unless expressly stated. Organizer is solely responsible for all Organizer Materials, including any event information, and remains exclusively liable for any reproduction, display, adaptation, broadcast, or other use of such materials through the Services.Names and marks are used to identify the event.

Organizer retains ownership of the Organizer Materials, subject to the licenses granted under the TOS.

Term; Suspension

This Agreement becomes effective as of the Effective Date and remains in effect while Organizer uses the Services. The FOAT may suspend, limit, or halt ticket sales, payouts, or access at any time if The FOAT detects unusual activity, fraud, chargeback risk, safety or capacity concerns, rights complaints, or legal requests, or for violation of the TOS or this Agreement.

Organizer Representations, Warranties, and Covenants

Organizer represents, warrants, and covenants that: (a) it has full rights, licenses, permissions, and authority to use, display, reproduce, distribute, and authorize FOAT to use the Organizer Materials in connection with the Services; (b) Organizer Materials and events will not infringe, misappropriate, or violate any third party rights (including copyright, trademark, publicity, and privacy) or applicable laws; (c) Organizer will comply with all consumer protection, ticketing, advertising, promotions, and venue/capacity/safety laws (including applicable state and local requirements); and (d) all event information (including pricing, fees, taxes, refund terms, restrictions, ticket type and access, date/time/location, and capacity) is truthful, accurate, and kept current.

Intellectual Property; Rights Complaints; Enforcement

The FOAT respects intellectual property rights and enforces its DMCA policy, counter-notice procedure, repeat infringer policy, and trademark complaint process as set forth in the TOS. Organizer will promptly cooperate with The FOAT to assess and resolve any copyright or trademark complaint, including by providing proof of rights, licenses, sponsorships, or authorizations.

The FOAT may, in its discretion, remove, disable, de-list, or restrict access to any listing or Organizer Materials; suspend ticket and merchandise sales; withhold or delay disbursements; or require additional information or assurances where FOAT believes there is or may be an IP dispute, consumer/safety/capacity concern, fraud/abuse/chargeback risk, or legal request/court order. Organizer will not object to reasonable mitigations implemented by The FOAT in good faith.

Consumer Disclosures

Organizer will implement the following disclosures and practices on event listings and checkout to the extent required by applicable law and consistent with the TOS: (i) to the extent within Organizer's control and supported by the Services, pricing disclosures that clearly indicate per-ticket price, any taxes/government charges, and applicable FOAT/processing fees prior to purchase; (ii) clear, conspicuous refund terms for canceled, postponed, or rescheduled events; (iii) truthful identification of ticket type, access, delivery method, and transfer/use restrictions; (iv) prohibition on speculative listings or tickets not in Organizer's control; and (v) no use of bots or other automated means to purchase tickets in violation of law.

Ticket Allocations

The FOAT will act as your agent for computerized ticket sales with the following means of sales of tickets and merchandise for events.

Online Sales at https://tickets.thefoat.com/yournamehere

Ticket Inventory.

Unless you specify otherwise, all tickets will be treated as general admission and managed as a single, undifferentiated inventory pool. No special ticket categories, limits, seating assignments, or other inventory controls will apply unless you expressly configure them. You are solely responsible for defining any distinct ticket types, capacities, or special inventory requirements.

Revenue Collection and Fee Allocation

Organizer acknowledges and agrees that The FOAT acts as Organizer's limited agent to collect Buyer payments for tickets and eligible merchandise at checkout, to retain our applicable fees, and to disburse net proceeds to Organizer after the Event, subject to reconciliation, reserves/withholds, chargebacks, and this Agreement/TOS. Organizer further agrees that The FOAT's posted fee schedule and feature based fees apply to each transaction unless The FOAT expressly states otherwise in writing.

Organizer must present pricing consistent with the TOS. The FOAT's fees and applicable taxes apply notwithstanding any Organizer statements (e.g., "no fees"), and no Organizer marketing or communications waives or supersedes them. If Organizer elects to absorb The FOAT fees to display pricing, The FOAT will deduct those fees from Organizer's proceeds; if Organizer elects to pass fees to Buyer, The FOAT will present those fees at checkout and remit net proceeds accordingly.

Set-Up Fee: None

Merchant Service Fee: None

Interchange Fee: None

Gateway Fee: None

Cancellations Fee: None

Standard Wire Transfer Fee: 3-Day Wire Transfer Fee Paid by The FOAT. If expedited services required standard expedited fees will apply.

Unless The FOAT publishes a different schedule, The FOAT's ticketing fees consist of a fixed per-ticket fee plus a percentage processing/admin fee (FOAT Fee = $1.39 plus Processing/Admin Fee = 3.99%), and certain optional features may add a per-ticket surcharge. Organizer may configure in account settings under "PER-TICKET FEE STRUCTURE" whether Buyer pays these fees at checkout or Organizer absorbs them; in all cases, FOAT's fees apply and are deducted/charged accordingly. If the Organizer elects to enable any advanced ticket features—such as custom information forms, bundles, password-protected tools, Meta (formerly Facebook) share discounts, or any other optional features made available by the Platform—the Organizer agrees that the applicable feature surcharge will apply on a per-ticket basis in addition to the standard base fees. Unless otherwise stated for a specific feature, the default surcharge for advanced features is twenty-five cents ($0.25) per ticket. Organizer may opt in to additional features that carry their own published surcharges, which will be disclosed at the time of activation. The FOAT will also use reasonable efforts to notify you of any changes to service fees. However, by enabling any such feature, the Organizer agrees to the corresponding fee structure.

Organizer is solely responsible for identifying, collecting, and remitting any applicable taxes, except where FOAT expressly agrees to collect on Organizer's behalf as a limited agent. You can request required taxes from the following link https://www.thefoat.com/fa/support-start_ticket/type_id-5. It is your sole responsibility as the Organizer to remit all collected taxes to the proper authorities from your event. By accepting this policy, you release TheFOAT and its employees from liability in regards to tax collection and remittance.

The FOAT processes refunds in accordance with this Agreement/TOS. Unless The FOAT expressly agrees otherwise, The FOAT's service/processing fees are non-refundable to Organizer or Buyer even if an Event is canceled, postponed, or rescheduled; any exception will be stated by FOAT in writing or in the applicable policy.The FOAT can provide refunds upon request on orders less than 170 days old. Orders older than 170 days cannot be processed by The FOAT. If you choose to process a refund it must be for the total value of the ticket. For example, if a ticket is $50.00 TheFOAT will process a full $50.00 refund. TheFOAT does not do partial ticket refunds. If a partial refund exception is made, TheFOAT retains all fees. If credit card industry standard fees change, TheFOAT service fees are subject to change.

If you have sold tickets and then need to change the location of your venue, this action must be approved by The FOAT. The new venue must be suitable to maintain all of the aspects of the event you sold tickets for at your original location. Additionally, the new venue must be within 45 miles of the original venue to qualify for a venue change. If The FOAT approves your new venue, you must offer full refunds to any customer who requests a refund. This only applies to customers who have purchased at the old venue location. If The FOAT does not approve the new venue location, all customers for the event must be fully refunded. You will not hold The FOAT financially responsible for any refunded customers hereunder.

If an event is canceled, all customers will be fully refunded. As TheFOAT will be refunding all customers, any advanced payouts on or related to certain event(s) ("APO"), which shall be provided solely in The FOAT's sole discretion, must be repaid to TheFOAT in full within 3 business days.

If one of the days of a multi-day event is fully canceled, and no additional day is added to make up for the cancellation, we will issue a full refund to all customers for that day. For customers with multi-day tickets, we will provide a partial refund for the canceled day, based on the value of that day, which may have been initially discounted. The final refund value will be determined in coordination with the organizing entity.

For postponed events, your event and the date will display as 'Postponed (TBD).' While your customers will still be able to view the event, they will not be able to purchase tickets until new dates are scheduled. You will have 15 days to reschedule new dates before TheFOAT initiates refunds for all your customers. In the event that TheFOAT must refund all customers, any APO will need to be repaid to TheFOAT in full within 3 business days. Upon request, TheFOAT may ask for a signed contract regarding the venue rental.

or rescheduled events, The FOAT may, as a courtesy, use commercially reasonable efforts to notify affected customers by email. However, The FOAT does not guarantee delivery or timing of any such notices, which may be delayed or unsuccessful. Organizer remains solely responsible for promptly notifying customers, including through social media and any other available contact methods, and for ensuring that customers receive timely notice of all event changes.

Organizer acknowledges that any APO is provided at The FOAT's sole discretion and is not guaranteed. As a condition to providing any APO, The FOAT may, in its sole discretion, require Organizer and/or its principals, owners, officers, or authorized representatives to execute additional documentation, including but not limited to: (a) a personal guaranty of repayment; (b) a security agreement or pledge of collateral; (c) proof of insurance naming The FOAT as an additional insured or loss payee; (d) financial statements or other evidence of creditworthiness; and/or (e) any other assurances The FOAT deems necessary to protect its interests. Organizer's failure or refusal to provide requested documentation may result in denial, reduction, or revocation of any APO. The FOAT's decision to require or waive any such documentation for a particular APO shall not obligate The FOAT to apply the same terms to any subsequent APO request. Any such additional documentation shall be deemed incorporated by reference into this Agreement for purposes of construing the parties' rights and obligations, and disputes arising under such documentation shall be resolved in accordance with the dispute resolution provisions of this Agreement and the TOS, including individual arbitration in Kern County, California.

For Organizer's merchandise sold via FOAT's Pick Up at Venue workflow, Organizer agrees a merchandise service fee applies per transaction and is charged to Organizer. FOAT collects the Buyer's payment, retains FOAT's merchandise fee, and disburses net merchandise proceeds to Organizer subject to the same reconciliation, reserves/withholds, and offset rights described herein.

Any credit card chargebacks or other transaction reversals initiated against TheFOAT or its affiliates for any reason (except to the extent they are caused solely by TheFOAT's negligence or willful misconduct) with respect to your event and all related credit card association, payment processing, re-presentment, penalty and other fees and expenses incurred by TheFOAT or its affiliates in connection with such chargebacks will ultimately be your responsibility, and you agree to promptly and fully reimburse TheFOAT for such amounts on demand. As part of TheFOAT's activity as limited payments agent, TheFOAT will use commercially reasonable efforts to manage the re-presentment of such chargebacks and reversals on your behalf and you hereby authorize TheFOAT to do so and agree to use reasonable efforts to cooperate with TheFOAT in such re-presentment. However, TheFOAT will have no obligation to re-present any chargeback that it believes in its discretion it is more likely than not to lose or that relates to a transaction that should be refunded in accordance with your refund policy provided such is consistent with the terms of this Agreement and TOS. Both parties agree that TheFOAT's loss of any chargeback that has been re-presented by TheFOAT will not in any way limit your obligation to reimburse TheFOAT and its affiliates under this paragraph.

Notwithstanding, The FOAT may place a hold, reserve, or delay on disbursements and may set off or deduct amounts Organizer owes (including chargebacks, reversals, refunds, fees, penalties, and expenses) from refunds or amounts otherwise payable to Organizer, consistent with applicable law and network rules.

Reports and Reconciliation; Confidentiality; Third Party Demands

Event sales reports can be found at https://www.thefoat.com/fa/ticketbuy_host

The FOAT collects Buyer payments at checkout and disburses net proceeds to Organizer (less the FOAT fees, chargebacks/reversals, refunds processed, and any reserves/offsets) after the Event concludes, on the first Tuesday following the Event or upon reconciliation of card transactions, whichever occurs first, subject to delays permitted under this Agreement/TOS. Attempting to change your event date on TheFOAT platform with the intention of receiving payment before the actual event will not result in our service disbursing funds prematurely. Payment is contingent upon the completion of the event on the original date. Any attempt to manipulate event details in pursuit of early payment is prohibited and may result in immediate account closure.

The FOAT has no obligation to provide third parties (other than the Organizer or as required by law or legal process) with event-level sales or payout data and may decline demands not legally compelled. Organizer may also direct third-party claimants to pursue their claims directly with Organizer and agrees FOAT is not a party to Organizer's third-party revenue sharing or sponsorship arrangements.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE FOAT SERVICES

You, and not The FOAT, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the The FOAT Services. You, and not The FOAT, are obligated to honor all ticket and merchandise sales. The FOAT does not control the Content posted via The FOAT Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge The FOAT may or may not pre-screen Content, but that The FOAT and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via The FOAT Services.

TheFOAT is only for motorsports events. We have the right in our sole discretion to deny any event in regards to online ticket and merchandise sales. Additionally, we have the right to close your account if we deem your events are not related to the motorsports industry or you post an event related to but not limited to the following: sexually explicit, drug related and weaponry. TheFOAT strictly prohibits the sale or distribution of raffle, lottery, or giveaway tickets free or paid for.

STREAMING VIDEO EVENTS (Internet Pay-Per-View)

TheFOAT is the credit card processor and security software gateway only. You, and not The FOAT, must provide the camera crew, filming equipment, and streaming service (e.g. LiveStream.com). You must also provide an email address where your customers may ask for technical help. Failure to provide a reliable feed will result in unhappy customers and may result in reserve funds being withheld until refunds and credit card disputes have been settled. Custom fees may apply.

EVENT VENUE CAPACITY AND SAFETY

Organizer will not sell or permit sales exceeding venue capacity and will ensure compliance with all safety, credentialing, and access controls. Overselling or safety failures may result in refunds, disputes, reserves, holds, or account actions.In connection with date, time, or venue changes, The FOAT may impose reasonable mitigations (including suspending sales and requiring full or partial refunds) and require Organizer to communicate timely and accurate notices across all applicable channels and platforms.

INDEMNITY

To the fullest extent permitted by law, Organizer will indemnify, defend, and hold harmless The FOAT and its affiliates, officers, directors, shareholders, employees, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable outside attorneys' fees) arising out of or related to: (a) Organizer Materials; (b) the events or any products/services offered, advertised, or sold by Organizer; (c) any alleged or actual infringement, misappropriation, or violation of third-party rights (including copyright, trademark, publicity, privacy); (d) any allegation that The FOAT's use or display of Organizer Materials (as authorized herein or in the TOS) infringes third-party rights; (e) Organizer's breach of this Agreement or the TOS; (f) fraud, chargebacks, reversals, or consumer complaints related to the event; (g) bodily injury, property damage, or product liability associated with the event; and (h) any disputes between Organizer and any third party (including venues, co-promoters, sponsors, rights holders, or alleged revenue-share counterparties). The FOAT may control the defense or settlement of any claim for which Organizer provides indemnity.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FOAT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. THE FOAT'S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNT OF FEES PAID BY ORGANIZER TO FOAT FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

INDEPENDENT PARTIES; NO THIRD-PARTY BENEFICIARIES

The FOAT is not a party to Organizer's arrangements with venues, co-promoters, rights holders, sponsors, or other third parties, and has no obligations under those arrangements. No third party has any beneficiary rights under this Agreement.

DATA; PRIVACY

The FOAT's collection, use, and sharing of personal information are governed by the TOS and The FOAT's Privacy Policy. Organizer understands that, when consumers purchase tickets or merchandise, Organizer may receive consumer contact information for Organizer's use consistent with Organizer's policies; Organizer's use of such data must comply with applicable law.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement is governed by California law (excluding conflicts rules). Disputes will be resolved as set forth in the TOS, including individual arbitration in Kern County, California, with FAA governing the arbitration clause.

GENERAL INFORMATION

Notices under this Agreement may be provided as described in the TOS.

Sections concerning IP, indemnity, limitations of liability, chargebacks/reserves/offsets, reports/confidentiality, governing law/disputes, and any provisions which by their nature should survive termination, will survive termination or expiration.

References to "include," "including," or synonyms thereof shall be illustrative and construed to mean "including but not limited to" or such equivalent.

If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.

The FOAT's failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. No waiver of any of the terms of this Agreement will be deemed a further or continuing waiver of such term or condition or any other term or condition.

Last Updated: March 11, 2026