Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the website at electrathonamerica.org and the services offered through it, including race registration, donations, sponsorship and event-hosting inquiries, and newsletter sign-up (collectively, the “Services”). The Services are operated by Electrathon America, a DBA of the Bob Franz Foundation, a 501(c)(3) nonprofit organization (“Electrathon America,” “we,” “us,” or “our”). By using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Who May Use the Services

You may use the Services only if you can form a binding contract with us and are not barred from doing so under applicable law. Registrations, donations, and inquiries submitted through the website should be completed by an adult — for example, a parent or guardian, an advisor, or a team lead — rather than by a minor acting alone. If you use the Services on behalf of a school, team, organization, or another person, you represent that you are authorized to do so and to accept these Terms on their behalf.

2. Membership and Race Registration

Competing in a sanctioned Electrathon America event requires a Competitor Membership, which includes the registration of a vehicle and an assigned competition number. Memberships are valid for the event season in which they are paid; the event season runs from January 1 to December 31. Registration through the website collects the information described in our Privacy Policy and requires payment of the applicable membership fee.

Accuracy of information. You agree to provide accurate and complete information when registering and to keep it current. We may decline or cancel a registration that contains inaccurate information or that does not meet eligibility requirements.

Eligibility to compete. Registration through the website is not by itself authorization to compete. Participation in any event is governed by the Electrathon America Handbook and is subject to vehicle inspection, driver requirements, and the event steward’s decisions. Meeting those requirements is your responsibility.

3. Competition Numbers

When you register, you may be assigned or may request a competition number. Competition numbers are tied to the registrant’s email address and are issued for use within a region. A number is reserved only while membership is kept current: if a membership is not renewed, the number may be released and reassigned to another vehicle after the period described on the registration page and in the Handbook. Numbers carry no ranking or performance meaning, and assignment is subject to availability and to the rules in the Handbook.

4. Fees, Payments, and Refunds

Membership and registration fees are stated at the point of payment. Payments made through the website are processed by our third-party payment provider, and donations are processed by our third-party donation platform; your use of those providers is subject to their own terms and privacy policies. We do not store full payment card numbers or payment-account credentials.

All fees are non-refundable. Registration and membership fees are not refundable and are not transferable, except where a refund is required by law. We may update this policy in the future; the policy in effect at the time of your payment applies.

5. Donations

Donations made through the website are voluntary and, except where required by law, are non-refundable. Electrathon America operates as a 501(c)(3) nonprofit, and gifts are tax-deductible to the extent allowed by law. We do not provide tax advice; please consult your own advisor regarding deductibility. Any dedication or comment you submit with a donation is handled as described in our Privacy Policy.

6. Events, the Handbook, and the Liability Waiver

The rules governing Electrathon vehicles and competition — including vehicle design and safety rules, event rules, eligibility, driver age and competence requirements, and inspection — are set out in the Electrathon America Handbook, available on our website. The Handbook, as revised from time to time, governs participation in sanctioned events and is incorporated into these Terms by reference for matters relating to events.

Liability waiver is separate and required. All drivers, crew, and others entering restricted areas must sign the applicable liability release before participating in an event. Where Electrathon America’s event insurance is used, the insurer’s required waiver form must be used. Each minor participant must have a waiver completed and signed by the minor’s parent or legal guardian. These waivers are administered at the event by the event host and/or the insurer and are in addition to these Terms; nothing on the website substitutes for signing them. Because sanctioned events are held in locations across the United States, participation in any event may also be subject to the rules of the event host and the laws and requirements of the state and locality where the event is held, in addition to the Electrathon America Handbook and the applicable liability release.

7. Assumption of Risk

Electrathon involves the design, construction, and operation of electric racing vehicles and participation in motorsport events, which carry inherent risks of property damage, injury, and other harm. You understand and accept these risks. These website Terms do not waive or limit any rights or obligations contained in the separate event liability release, which controls with respect to event participation.

8. Acceptable Use

When using the Services, you agree not to:

• Violate any applicable law or regulation, or the rights of others
• Submit false, misleading, or fraudulent information
• Interfere with, disrupt, or attempt to gain unauthorized access to the website, its systems, or other users’ data
• Use the Services to transmit malware, spam, or harmful code
• Copy, scrape, or reproduce website content except as permitted below

9. Intellectual Property

The Electrathon America name, logo, brand, the Handbook, and the content on the website are owned by or licensed to Electrathon America and are protected by intellectual-property laws. You may view and download materials for your own non-commercial use in connection with participating in or supporting Electrathon America. You may not otherwise reproduce, distribute, or create derivative works from our content without our permission, except where the Handbook expressly permits its use for competition purposes.

10. Third-Party Links and Services

The website may link to or rely on third-party services, including payment and donation processors, analytics, and external resources listed in the Handbook. We are not responsible for the content, policies, or practices of third parties, and your use of their services is governed by their terms.

11. Disclaimer of Warranties

The Services and website content are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted, error-free, or secure, or that information on it is complete or current. Guidance in the Handbook and on the website is provided to support safe participation but does not guarantee safety; you are responsible for the safe design, construction, and operation of any vehicle.

12. Limitation of Liability

To the fullest extent permitted by law, Electrathon America and the Bob Franz Foundation, and their respective directors, officers, volunteers, employees, and agents, will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to your use of the Services or website. To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Services or website will not exceed the amount you paid to us, if any, in the twelve months before the event giving rise to the claim.

13. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Electrathon America and the Bob Franz Foundation, and their directors, officers, volunteers, employees, and agents, from claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your use of the Services, your violation of these Terms, or your violation of any law or third-party right.

14. Changes to the Services and Terms

We may modify or discontinue the Services, the website, or these Terms at any time. When we change these Terms, we will update the “Last updated” date above. Your continued use of the Services after changes take effect means you accept the revised Terms.

15. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the state and federal courts located in California.

16. Contact Us

Questions about these Terms can be directed to:

Electrathon America
Email: support@electrathonamerica.org