Yesterday afternoon I was fortunate enough to attend the State of INDYCAR (yes, INDYCAR – the IRL name is officially dead and the sanctioning body is INDYCAR) event at the Westin in Indy. While there were several interesting announcements, including the official announcement that Edmonton is returning, that they’ll use double file restarts on ovals and that minimum speed will be increased from 107% to 105% of the pace, there was quite an interesting tidbit for fans with children.
In what is a break from a seemingly universal rule of professional motorsports, INDYCAR announced that it was going to permit persons nine (9) years and older into the garage area (except for the Texas Motor Speedway race). For those of you unfamiliar with traditional sanctioning body rules, the minimum age is generally 18, except in the case of drivers under 18, for which other special rules apply. The reasoning behind the 18 year old requirement is that persons under 18 are incapable of being legally bound to contracts, and hence, generally incapable of being bound to liability release waivers of the type required to be signed by those persons entering restricted areas, such as the garage area.
How INDYCAR (I’m already tired of typing it in all caps!) will implement the rule and permit access to minors was not explained, but presumably they will institute a minor waiver and release system of the type that I discussed in an earlier post (check it out here). One issue that came to mind is that generally a properly executed minor waiver requires the signature and consent of all parents/guardians; otherwise the waiver cannot be enforced against the parent that did not sign the waiver. For example, if Dad takes his ten year old son to the track and signs a minor waiver permitting his son access to the paddock, and while in the paddock the minor is injured, the father will likely be barred from collecting for his son’s injuries, as he signed the waiver and assumed responsibility. However, the son’s Mom, who was not present and did not sign the waiver, would not be bound by the waiver and would be free to sue and collect for the Son’s injuries. This is somewhat of an oversimplification of the law, but the principle is sound. I will be anxious to see how INDYCAR addresses this issue. Seemingly the safest approach would be to require all parents/guardians to sign the waiver prior to the event so as to ensure that they have all signed. However, such an approach would be problematic for ‘walk-up’ attendees and other casual fans, as both parents may not be at the facility and available to sign.
In addition, by permitting minors in the garage area, the league will be held to a considerably higher safety standard. For example, where a simple passive device like a sign saying “CAUTION” may be sufficient notice to an adult, a more active deterrence such as a fence or other barrier may be needed for a minor given the fact that some minors may not be able to read and fully understand the sign, as well as the fact that minors are generally less responsible than their adult counterparts. Thus, I would venture to guess that the actual freedom of access afforded to those holding garage passes will be somewhat reduced given that minors are now permitted. If it is not, INDYCAR will certainly be rolling the dice on the increased risk and will be relying on parents to watch after their children (Ha! Good Luck!).
This new rule will also have a significant impact on teams. On the positive side, teams will no longer be ‘Coyotes’ smuggling the underage children of their drivers and team owners into the garage area via golf carts. On the other hand, there is some increased risk to teams. You see, a vast majority of the equipment moving throughout the garage area is team related. Whether it’s race cars or tires being towed around, or drivers and crew members whizzing around on scooters, most of the activity, and related risks, are from teams. Thus, teams will also need to be more vigilant in their safety practices, including being more cautious moving throughout the garage area and in properly securing their garage spaces. For example, while a thin rope may deter adults, an interested child may walk right past (or under) it and grab hold of the glowing hot header or razor sharp carbon flugel.
I applaud INDYCAR for making their garage area, and events in general, a more fan friendly environment and certainly hope that they can implement policies and procedures which facilitate access by the largest number of persons as is safely possible, while also maintaining the openness in the garage area which INDYCAR teams and constituents have come to expect. While many may see permitting children in the garage area as far too risky, I think that with proper controls in place it can be a relatively safe environment. All outdoor spectator events involve some degree of risk, but given INDYCAR’s long track record of staging events, I feel confident that they can implement a policy which balances the need for safety with fan immersion.
Agree, disagree, or think my writing stinks? Let me hear about it.
Matt Breeden (SportsLawGuru.com) is an internationally respected business advisor and attorney at Breeden Legal and is based in Indianapolis, IN. His practice is focused on Sports & Entertainment, Corporate, Commercial and Banking Law. He represents Sports & Entertainment properties, as well as many other entrepreneurial businesses, in a variety of matters, including: Broadcast & Digital Media Agreements, Licensing Agreements, Sponsorship Agreements, Commercial Agreements, Private Placements, Athlete/Driver Contracts, Insurance & Risk Management, Creditors Rights, Employment Agreements, Litigation Management, Mergers & Acquisitions, Business Formation and Corporate Governance.
