Terms of Service

These Terms of Service (these “Terms”) govern your access to and use of the Holeshot platform (the “Platform”), operated by Shift Labs LLC (“Shift Labs”, “we”, “us”, or “our”). By creating an account, registering for an event through the Platform, or otherwise using the Platform, you agree to these Terms.

1. Who we are

The Platform is software that lets independent motocross track owners (“Tracks”) operate practice days and races, accept registrations, manage waivers, and collect payments from riders, spectators, and pit-pass holders. Shift Labs is a Delaware limited liability company. The Platform itself is software-as-a-service; Tracks are independently operated by their respective owners.

2. Eligibility

• You must be at least 18 years old to create an account on the Platform.
• A parent or legal guardian may register a minor rider for an event by completing the rider registration form on the minor's behalf and signing the applicable waiver.
• The Platform is not directed to children under 13. Riders under the age of 6 may not be registered through the Platform. For riders aged 6 to 12, the parent or legal guardian remains the user of the Platform; we collect information about the minor only insofar as necessary to operate the registration and check-in process.

3. Track-led transactions; merchant of record

When you pay a registration fee or purchase a ticket through the Platform, the Track is the merchant of record for the registration or ticket fee. Shift Labs facilitates the transaction by integrating with Stripe Connect. Your card is charged via Stripe; settled funds (less Stripe fees and the Holeshot platform fee described below) are paid out by Stripe directly to the Track's connected Stripe account.

Stripe's Connected Account Agreement and Privacy Policy apply to your payment data and to the Track's use of Stripe.

4. Holeshot platform fee

Shift Labs charges the rider or ticket purchaser a per-registration platform fee, which is shown clearly during checkout before payment. The platform fee is revenue to Shift Labs, separate from the Track's registration fee.

5. Refunds, cancellations, and credits

Each Track sets its own cancellation, rain-out, and refund policies. Holeshot provides Tracks with tools to issue refunds and rain-out credits. The Holeshot platform fee may or may not be refunded depending on the type of refund issued by the Track; this will be disclosed at the point of refund.

You agree to attempt to resolve any refund question with the Track first. If you initiate a chargeback or payment dispute through your bank or card issuer without first contacting the Track or Holeshot support, you understand that the Track may suspend your ability to register for future events.

6. Waivers and assumption of risk

Motocross is an inherently dangerous activity. As part of registering for an event, each rider (or, for minors, the parent or legal guardian) is required to read and sign the Track's waiver and release. Holeshot captures, stores, and provides Tracks with an electronic copy of each signed waiver, including signature, IP address, and timestamp, for evidentiary purposes. Holeshot is not a party to the rider/Track waiver and makes no representation about its enforceability in your jurisdiction.

7. Acceptable use

You agree not to:

• Use the Platform to register for an event under another person's name without their consent;
• Provide false information about a rider's age, identity, or fitness to participate;
• Attempt to circumvent the Platform's payment, capacity, waiver, or check-in controls;
• Reverse engineer, scrape, or copy the Platform other than as expressly permitted;
• Use the Platform in violation of applicable law.

8. Your content; license to Holeshot

You retain ownership of the personal information, signatures, and other content you submit through the Platform (“Your Content”). You grant Shift Labs a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and transmit Your Content solely as necessary to operate, maintain, and improve the Platform and to provide it to the relevant Track.

9. Intellectual property

The Platform and all related software, designs, trademarks, and content (excluding Your Content and Track-owned content) are the property of Shift Labs and its licensors and are protected by intellectual-property laws.

10. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. SHIFT LABS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SHIFT LABS DOES NOT GUARANTEE THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.

Shift Labs is not the operator of any Track and does not control the conduct of events. Any injury, property damage, or other harm that occurs at a Track is the responsibility of the Track and the participants, subject to the Track's waiver and applicable law.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIFT LABS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM. SHIFT LABS' AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF PLATFORM FEES YOU PAID TO SHIFT LABS IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) USD $100.

[ATTORNEY: confirm cap is appropriate for a payments-intermediary platform; some states have minimum-floor rules for liability caps. Confirm whether to add separate carve-outs for gross negligence, intentional misconduct, IP indemnity, and confidentiality breaches.]

12. Indemnification

You agree to indemnify and hold harmless Shift Labs from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of (a) Your Content, (b) your violation of these Terms, or (c) your violation of any law or third-party right.

13. Governing law and dispute resolution

[ATTORNEY: insert governing-law clause (likely Delaware), forum-selection clause, and class-action / jury-waiver / arbitration clause as appropriate. Note that several states have rules limiting consumer arbitration clauses; if any rider may be a California, New Jersey, or Massachusetts resident, the standard FAA-style clause will need state-specific carve-outs.]

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email and / or by a notice on the Platform. Continued use of the Platform after a change becomes effective constitutes acceptance. We track which version of these Terms you have accepted and may require you to re-accept the current version before continuing to use the Platform.

15. Termination

You may stop using the Platform at any time. Shift Labs may suspend or terminate your access for violation of these Terms or applicable law, or to protect the integrity of the Platform.

16. Contact

Shift Labs LLC
legal@holeshot.app

[ATTORNEY: confirm registered-agent address for service of process.]