The Only Social Ticketing Company for Motorsports

FOAT TICKET SERVICE AGREEMENT

1. Term

   The term of this Agreement shall be effective immediately. You or The FOAT has the option to opt-out of The FOAT Ticketing service agreement at anytime. The FOAT reserves the right to halt ticket sales if unusual activity is determined and/or fraud is suspected.

2. Ticket Allocations & Agency

   1. The FOAT as Agent. The FOAT will act as your agent for computerized ticket sales with the following means of sales of tickets for events.
      • Online Sales at https://tickets.thefoat.com/yournamehere
   2. Ticket Inventory. All tickets are considered general without specific inventory requirements unless specified by you.

3. Charges

   1. Set-Up Fee: None
   2. Merchant Service Fee: None
   3. Interchange Fee: None
   4. Gateway Fee: None
   5. Cancellations Fee: None
   6. Standard Wire Transfer Fee: 3-Day Wire Transfer Fee Paid by The FOAT. If expedited services required standard expedited fees will apply.

4. Ticket Service Fees, Taxes & Refunds, Venue Change

   The service fee is calculated as follows: Credit Card Fee = 2.99% plus FOAT Fee = 1.99% + $.98. You control who pays the fees in the My Setting section under PER-TICKET FEE STRUCTURE. TheFOAT can provide refunds upon request on orders less than 170 days old. Orders older than 170 days cannot be processed by TheFOAT. A 2% additional service fee is applied to international ticket orders. The customer, not the organizer, pays the 2% additional international service fee. Additional fees may apply for some advanced ticket features. The customer, not the organizer, will pay additional fees. Advanced ticket feature fees: info forms, facebook share discount, pre/auto-approval, ticket bundles and password protected features are 25¢.

   If your event requires state or local taxes, we can add these taxes upon request. Please inform us of the tax rate(s) and the specific tickets that need tax applied. 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, 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.

   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 any fee changes occur, you will be notified by email of such changes.

   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 90 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 for the reasons stated above, all customers for the event must be fully refunded. You will not hold The FOAT financially responsible for any refunded customers as part of this agreement.

5. Merchandise Service Fees

   If you opt to utilize TheFOAT Pick Up at Venue merchandise system a 5% service fee will be passed on to you per merchandise transaction.

6. Chargebacks/Reversals

   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 or TheFOAT's Terms of Service. 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.

7. Reports and Reconciliation

   1. Event sales reports can be found at https://www.thefoat.com/fa/ticketbuy_host
   2. The FOAT will release all event funds (except service fees) to you the following Tuesday or upon complete reconciliation of all credit card transactions ( which ever is first) after the completion of an event. Any disputes or credit card chargebacks after the completion of an event will be reconciled by The FOAT with you, the organizer. Additional chargeback fees may apply. Chargebacks that occur before your event date will be immediately reconciled from your net profit total on TheFOAT.

8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE FOAT SERVICES

   1. 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 The FOAT Services.
   2. 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.

9. STREAMING VIDEO EVENTS (Internet Pay-Per-View)

   1. 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 will apply.

10. EVENT VENUE CAPACITY

    1. DO NOT SELL MORE TICKETS THAN YOUR VENUE CAN HANDLE. The number of tickets sold at the gate plus online cannot be more than the venue has available. Overselling your event can result in credit card disputes, refunds, and possibly litigation. Accordingly, TheFOAT will withhold reserve funds until refunds and credit card disputes have been settled. The FOAT cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 10.

11. Terms of Service

    1. The FOAT Terms of Service will apply: https://www.thefoat.com/fa/company-terms_of_service