Keeneland Tailgating Terms & Conditions

REVEL XP, LLC

Terms & Conditions for Keeneland Meet Tailgate Packages

Effective January 1, 2025

These terms and conditions (the “Terms and Conditions” or “Agreement”) govern the purchase by you

(“You”, “Your” or “Client”) of one or more tailgate packages (each a “Tailgate Package”) from Revel XP,

LLC (“RevelXP”) for the event (the “Event”) and on the date (s) and at the facility, (the “Facility”) and at

the hosting property, Keeneland, Inc., (the “Property”) for the event set forth in your invoice (the “Event”).

By placing an order for and paying for a Tailgate Package, you agree to be bound by the following Terms

and Conditions, the RevelXP Privacy Policy, and the Rules and Regulations governing your Tailgate

Package, each of which shall apply to You and all persons attending the Event as part of the Tailgate

Package purchased by You.

1.TAILGATE SERVICES. In consideration of the payments to be made to RevelXP for the Tailgate

Package(s), RevelXP will provide access for hospitality/tailgating purposes to a Site (as hereafter

defined) as well as a tailgate tent, chairs, tables, and other products and services more particularly

described on the invoice/reservation for your Tailgate Package(s), which includes Site setup and

tear-down, operation management and all labor required in connection therewith (collectively, the

“Tailgate Services”). RevelXP shall determine the exact location of Your tailgate site. (the “Site”).

RevelXP will take into consideration Your request for a particular location. You are not entitled to

a refund for Your Tailgate Package or a Media Package for any reason whatsoever (except as

expressly set forth in these Terms and Conditions), with the exception of entitlement to a refund

for separate payments for catering or beverage service, due to any failure of caterer or beverage

service provider to deliver the order. RevelXP will strictly monitor and enforce the capacity of

attendees at each Site for each Tailgate Package to prioritize the safety of tailgate guests. Tailgates

exceeding Tailgate Package capacity may be required to remove guests to prevent overflow into

adjacent tailgate sites. If You anticipate that the number of Your attendees will be more than the

number of attendees permitted by the Tailgate Package You have purchased, You agree to contact

RevelXP to upgrade Your Tailgate Package. If You do not, RevelXP reserves the right to charge You

additional amounts for attendees to your Site which exceed the amount of attendees permitted by

Your Tailgate Package. Tailgate Package capacities are as follows:

Tailgate Package Capacity

Yearling 10 people

Exacta 20 people

Thoroughbred 30 people

Perfecta 50+ people

Triple Crown 100+ people

Capacity for Special Event Packages (“SEPs”) are as follows: Furlong SEP (150-250+) guests,

Middle Distance SEP (250-500+), Across the Board SEP (500-750+) guests.

Should Client violate these provisions, RevelXP will give Client a verbal warning. If Client fails to

promptly come into compliance and/or continues to exceed the stated capacity, RevelXP may charge

a fee, per person over capacity as determined by RevelXP on the credit card used to purchase the

Tailgate Package and/or immediately revoke Client’s rights to use the Site and in its sole and

absolute discretion terminate this Agreement. Upon such revocation or termination, all amounts

paid to RevelXP with be forfeited by Client and retained by RevelXP

.

12.MEDIA PACKAGE. Your Tailgate Package receiver, power source and/or other equipment to display or stream content (a “Media Package”).

that RevelXP has no control over television broadcasts, wireless

caused by contract disputes or any lack of service due to inclement weather, interruptions or outages

issues resulting from setup or technical matters not covered herein, any refund for services is limited

3.provided by RevelXP pursuant to these Terms and

Conditions may, at Your option (and subject to availability), include a media package comprised

of a television, stand, connection to a satellite or wireless streaming services, connection to a

You acknowledge and agree streaming services or applications and shall not be held accountable for any channel “blackouts”

of wireless streaming services or applications, or other availability issues. In the event of service

to either the amount separately invoiced or the portion of a Tailgate Package price related to Media

Package based on RevelXP’s current, standard rates for similar service as sold separately to the

general public. You agree (a) to use only the wireless streaming services and applications included

in Your Media Package, (b) to only display or stream the content provided in Your Media Package,

and (c) that a breach of the preceding (a) or (b) may result in the discontinuance of your Media

Package or the termination of your Tailgate Package with no refund at RevelXP’s sole discretion.

PAYMENT. In consideration of the Tailgate Services to be provided by RevelXP

, You shall pay

the amount for the Tailgate Package purchased by You as listed on the invoice/order detail for the

Tailgate Package (the “Package Price”).

4.CANCELLATIONS AND REDUCED ATTENDANCE

a.YOU AGREE THAT REVEL XP HAS NO OBLIGATION TO REFUND ANY

PAYMENT MADE BY YOU TO REVEL XP FOR A TAILGATE PACKAGE IF YOU

CANCEL THE PURCHASE OF THE TAILGATE PACKAGE OR IF YOU ARE

UNABLE FOR ANY REASON TO BE PRESENT FOR THE TAILGATE PACKAGE

OR THE EVENT. IF THE EVENT FOR WHICH YOU HAVE PURCHASED A

TAILGATE PACKAGE IS CANCELLED, YOU MAY ELECT TO (A) RECEIVE A

REFUND OF THE PURCHASE PRICE OF THE TAILGATE PACKAGE OR (B) A

CREDIT IN THE AMOUNT OF THE PURCHASE PRICE OF THE TAILGATE

PACKAGE WHICH MUST BE USED IN THE CURRENT OR IMMEDIATELY

FOLLOWING SEASON OR IS SUBJECT TO FORFEITURE. REVEL XP IN ITS

SOLE DISCRETION MAY DEDUCT REASONABLE EXPENSES INCURRED PRIOR

TO THE CANCELLATION FROM THE AMOUNT OF THE REFUND OR THE

CREDIT. IF YOU ELECT TO RECEIVE A CREDIT, YOU SHALL BE RESPONSIBLE

FOR THE PAYMENT OF ANY DIFFERENCE BETWEEN THE CREDIT AND THE

PURCHASE PRICE OF A TAILGATE PACKAGE IN THE FOLLOWING SEASON

IF THE PRICE OF A TAILGATE PACKAGE INCREASES OR YOU SELECT A

DIFFERENT TAILGATE PACKAGE. YOU RELEASE REVEL XP FROM ANY

CLAIM FOR DAMAGES ARISING FROM A CANCELLED EVENT OR YOUR

INABILITY TO BE PRESENT AT THE EVENT FOR WHICH YOUR HAVE

PURCHASED A TAILGATE PACKAGE.

Cancellation of Tailgate Package by RevelXP

. RevelXP reserves the right in its sole discretion

to suspend or cancel its Tailgate Packages due to factors that may impact the quality and safety

b. 25.6.during the provision of the Tailgate Package. If RevelXP suspends or cancels a Tailgate Package

the terms of Section 4(a) shall apply.

c. Suspended Race or Cancellation During the Event. If the Event is suspended or cancelled

after its commencement, RevelXPwill have sole discretion regarding any refund that it may

make to You and will take into consideration the amount of the Tailgate Package that RevelXP

has provided to You during the Event.

d. Reduced Attendance. If Event operator mandates a reduction in the number of attendees to

the event, RevelXP may cancel your purchase of the Tailgate Package in its sole discretion and

will provide you a full refund of the purchase price of the Tailgate Package.

TERM. These Terms and Conditions shall be effective as of the date you agree to and accept these

Terms and Conditions (the “Effective Date”) and terminate after the Tailgate Package has been

provided and all payments are completed between You and RevelXP

. Notwithstanding the

foregoing, the Sections which by their nature should survive termination of these Terms and

Conditions or the term of these Terms and Conditions shall survive.

YOUR OBLIGATIONS AND CONDITIONS OF USE. You acknowledge that Your use of the

Site on the grounds of Keeneland, Inc. and your receipt of the Tailgate Package is subject to and

conditioned upon the following terms, and You agree that RevelXP may exercise any of the remedies

set forth herein for Your failure to comply with the following obligations and conditions:

a.You shall comply with all rules and regulations established by established by the state or local

jurisdiction, RevelXP, the Property, the Event, the Facility and any other applicable authority,

including but not limited to parking regulations in effect on site, guests and attendees at your Site are also in compliance thereof. You are responsible for

conveying all rules and regulations to all attendees and guests at Your tailgate and You assume

all responsibility for actions taken by attendees and guests at Your tailgate.

b. You shall have access to The Hill at 10:00 am local time. The Sites will close at the start of the

and You will assure that your

last race (the “Site Opening”). RevelXP services (including drop-off services) are available at

Site Opening. If You wish to unload items for Your tailgate prior to Site Opening, You may

do so at Your own risk and expense. RevelXP will not be responsible for any items left by You

overnight.

c. You acknowledge all risks related to its attendance and use of the Site, including risk of damage

to or loss of property or risk of serious personal injury or death, and accepts sole responsibility

for such risks. You shall secure all personal property in and around the Site and shall take all

precautions necessary to prevent theft or destruction thereof. You expressly acknowledge and

agree that RevelXP shall not be responsible for any personal property of or injury to You at any

time. RevelXP will not remove or hold for safe-keeping any personal property left at the Site

after event closing and any such personal property will be subject to removal by Facility

services. You may be subject to costs and fees associated with such removal.

d. Eligibility for any RevelXP drop-off service is determined by RevelXP in its sole discretion and

is based on Facility restrictions, staffing availability and other factors. If You are eligible to

participate in any RevelXP drop off service, You are responsible for properly packaging all

items that will be transported and otherwise agree to comply with procedures established by

3e. f. g. h. i. j. k. RevelXP for drop off service, including but not limited to any limitations with regard to the

amount and size of items to be transported. RevelXP will not be responsible for any damaged

or broken items during unloading, loading and transportation to or from the Site.

You shall respect the interests of other fans and clients of RevelXP and at the Event and shall

not engage in or permit disorderly or offensive conduct in or around the Site. Should You

violate these provisions, RevelXP management will give You a verbal warning. If You fail to

promptly come into compliance, RevelXP may immediately revoke Your rights to the Site and

in its sole and absolute discretion terminate these Terms and Conditions. Upon such

revocation or termination, all amounts paid to RevelXP will be forfeited by You and retained by

RevelXP

.

RevelXP will not provide alcohol to You as part of a catering package or otherwise unless

specific vendors have been approved by the Property and are properly permitted by both the

state and local laws. Common sources of alcohol, including kegs of beer are prohibited within

each Site; provided, however, that alcohol services within the Site may be arranged through

RevelXP, via vendors approved by Property that are properly permitted by both the state and

local laws. The foregoing permissions are subject to the Keeneland, Inc. alcohol policy, which

may be amended from time to time at the sole discretion of Keeneland, Inc.

If and to the extent You purchase or bring alcoholic beverages into the tailgate or hospitality

Site (if and as permitted by the state or local jurisdiction, RevelXP, the Property, the Event, or

the Facility), You are responsible for assuring that alcoholic beverages in your Site is consumed

only by your guests and invitees who are over the legal drinking age and that drinking alcoholic

beverages is done responsibly. If and to the extent RevelXP sells or delivers alcoholic beverages

to your tailgating or hospitality Site, RevelXP disclaims any responsibility for actions of You

and Your guests following the delivery of alcoholic beverages to your tailgating or hospitality

Site. You agree that alcoholic beverages are not returnable and are not being purchased for

resale

You acknowledge and agree that the signage identifying each Site is uniform and provided by

RevelXP, who reserves the right to omit any vulgar, offensive or discriminatory content

requested by You, in the sole and absolute discretion of RevelXP

.

RevelXP reserves the right to immediately terminate Your use of the Site and the Tailgate

Package and request that You leave the Site and the Event if You violate these Terms and

Conditions. In addition, you shall be responsible for payment of all damages incurred by

RevelXP as a result of Your failure to comply with these Terms and Conditions or as a result of

. To ensure compliance and payment of damages

damages by You of any equipment of RevelXP

RevelXP to

or fines, You agree to keep a credit card on file with RevelXP, and hereby authorize charge said credit card amounts owing as a result of Your breach of these Terms and

Conditions; provided that RevelXP delivers to You an itemization of any charges and receipt

for payment thereof.

You may not use Your Tailgate Package or Your Site for marketing, advertising or display

purposes without the prior written consent from RevelXP

.

RevelXP is under no obligation to supervise the activities in Your Site and does not assume any

obligation thereof.

4l. All supplemental items, media packages, and catering orders must be received (48) hours prior

to race day. All supplemental items are subject to availability and are issued on a first come

first serve basis.

m. Items otherwise not provided as part of the Tailgate Package (e.g. televisions, satellites,

generators, sound equipment, cooking equipment, etc.), will not exceed the allocated space for

each Site. Any such items may not be affixed to or placed on a tent. You may not install or

otherwise utilize any tent within the allocated space or any adjoining space that is not ordered

through and installed by RevelXP

.

n. Tents and media package equipment should only be moved or relocated by a RevelXP staff

member. Media package is comprised of a 43” television, and power source (a “Media

Package”).

o. All generators used within the area of RevelXP operation are to be Honda 2000i quiet generators

or an approved equal. Please contact RevelXP if you plan to use a generator that is not the

aforementioned product. RevelXP will review all requests and provide approval if the generator

meets the required specifications.

p. Power sources reserved with a Media Package may not be for the sole use of one client,

and RevelXP reserves the right to distribute power from generators to multiple sources.

q. Any items that contain heating elements including but not limited to, crockpots, griddles, coffee

makers, electric grills, heaters, hotplates, popcorn machines, cotton candy machines, toasters,

and any others not mentioned, will not be powered by any RevelXP generator. Failure to comply

may result in suspension of the aforementioned media package and a fine up to the amount of

the generator value. ($350.00).

r. s. Open flames of any type are not permitted on Keeneland grounds and at the RevelXP site.

Live music, disc jockeys and excessive amplified sound are not permitted within the Site,

without RevelXP approval, in advance of race day.

t. Banners and signage recognizing businesses, political candidates, or any other form of

solicitation on the Site our surrounding areas are prohibited. Signage produced by RevelXP

identifying each tent will be permitted at the entrance of each tent.

u. Helium filled balloons are strictly prohibited on The Hill grounds due to FAA regulations

restricting the airspace above Keeneland.

v. Use of any Property utilities is prohibited.

w. Non-Property golf carts, all-terrain vehicles, mopeds, scooters, ATVs, go karts and other

vehicles are not allowed on Site.

Keeneland, Inc. reserves the right to implement additional rules and regulation in its sole

discretion regarding the use of the Site and surrounding areas as the need arises.

RevelXP reserves the right to take photographs or video of all customers and their guests during

events and to use for various purposes, including, but not limited to public relations, marketing,

etc. You hereby waive any right to inspect or approve the finished photography/video,

advertising copy, or printed matter.

x. y. 57. 8.9.z. You shall maintain Your Site in an orderly manner throughout the entirety of the Event. Should

You violate this provision, RevelXP may give You a verbal warning. If You fail to come into

compliance within (15) minutes after a verbal warning, RevelXP, in its sole discretion, may take

one or more of the following actions: 1) assess You a fine of up to $150 per Yearling or Exacta

Packages, $350 per Thoroughbred Package, $500 per Perfecta Package, and $1,000 per Triple

Crown package and/or immediately revoke Your rights to the Site and in its sole discretion

terminate this Agreement. Additionally, failure by You to return the Site to its initial neat and

orderly condition at the end of Event may also result in a fine according to the same schedule.

Additional fines may be levied to in relation to any broken/stolen items from the Site.

DEFAULT AND TERMINATION. Should You fail to pay any sums when due hereunder or fail

to comply with or perform any other term, covenant or condition hereof, RevelXP may terminate

your purchase of the Tailgate Package and proceed against You for the recovery of all damages

incurred by RevelXP as a result of your failure to comply with or perform any other term, covenant

or condition hereof or proceed against You for specific performance. Without limiting the

foregoing, in the event You fail to timely pay any amounts due hereunder, such amounts shall

accrue interest in the amount of one and one-half percent (1.5%) per month (or the maximum

amount allowed by law, whichever is lower) from the due date until paid. In addition, You shall

reimburse RevelXP for all costs and expenses, including reasonable attorneys' fees, incurred by or

on behalf of RevelXP occasioned by or in connection with any failure to comply with or perform

any other term, covenant or condition hereof by You. In the event You fail to comply with or

perform any other term, covenant or condition hereof, without limitation of any other rights or

remedies, RevelXP shall have the right to terminate your purchase of the Tailgate Package.

RELEASE AND INDEMNIFICATION. You hereby release RevelXP and agree to indemnify,

defend and hold harmless RevelXP

, the Event, the Facility, and the Property (and each of their

respective affiliates, employees and insurers) from and against all suits, actions, damages, liability,

losses and expenses in connection with loss of life, body or personal injury or property damage or

other damages (and each and all of them) arising from or out of (a) any occurrence in and around

the Site or any part thereof, or occasioned wholly or in part by any act or omission of You, or Your

invitees and guests; (b) violation of applicable law or rules and regulations; (c) actions of You or

your guests, or (d) breach of the provisions of these Terms and Conditions. RevelXP is not

responsible for damages (e.g. from collision with other vehicles, falling debris, or inclement

weather) to any vehicles parked in or moving through parking or hospitality areas where RevelXP

has sold parking passes or provides any hospitality or parking related services.

ASSUMPTION OF RISK. You hereby agree that Keeneland, Inc., RevelXP

, the Event, the

Facility, and the Property and any vendors of RevelXP shall not be liable to You or any of Your

attendees of the Tailgate Package for any illness or injury (including but not limited to COVID-19

and other known or unknown coronaviruses) befallen on any persons in attendance during the

provision of the Tailgate Package or Your or Your attendees attendance at the Event. You and Your

attendees expressly assume all risk of and waive any and all claims You may have against

Keeneland, Inc., RevelXP

, the Event, the Facility, and the Property and RevelXP vendors and

employees for illness or injury. In addition, You agree that neither You nor any of your invitees will

attend the Event if, within fourteen (14) days preceding the Event, either You or Your invitees (a)

tested positive or presumptively positive for a communicable disease (including but not limited to

COVID-19 and other known or unknown coronaviruses or variants thereof) or was identified as a

potential carrier of a communicable disease; (b) experienced any symptoms commonly associated

610.11.12.13.14.with a communicable disease, including, without limitation, fever, cough, loss of sense of taste or

smell, or shortness of breath; and/or (c) was in direct contact with or in the immediate vicinity of any

person who is either confirmed or suspected of being infected with a communicable disease within

fourteen (14) days preceding such person’s encounter with such person. You further agree that You

and Your invitees will submit to any health screening and/or communicable disease testing that may

be required as a condition of Your or Your invitees attendance at the Event.

ENTIRE AGREEMENT. It is agreed and understood that these Terms and Conditions, together

with the Your purchase of a Tailgate Package, sets forth the entire agreement between RevelXP and

You regarding the subject matter hereof. In the event any provision of these Terms and Conditions

is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability

of the remaining provisions of these Terms and Conditions.

GOVERNING LAW AND VENUE. These Terms and Conditions and the performance thereof

shall be governed by the laws of the State of Kentucky, without regard to its conflicts of law principles.

Venue for any disputes arising out of or in connection with these Terms and Conditions shall be the

state and federal courts of Fayette County, Kentucky. You hereby irrevocably submit to the jurisdiction

of such courts.

ASSIGNMENT; NO RESALE. These Terms and Conditions and the Tailgate Package is

personal to You and may not be sold, assigned or transferred without the prior written consent of

RevelXP

. Any attempt to resell the Tailgate Package or any portion thereof shall void the purchase

of the Tailgate Package, and You shall not be entitled to a refund of the purchase price of the

Tailgate Package.

NO WAIVER. as a waiver of RevelXP’ rights hereunder, nor shall any custom or practice that may arise between

the parties in the course of dealing be construed to waive or lessen the right of the RevelXP to enforce

the terms of these Terms and Conditions.

FORCE MAJEURE. be liable for any failure or delay to perform any of its obligations herein or related to the delivery

of the Tailgate Package due to an Event of Force Majeure. occurrence of circumstances beyond the control of RevelXP including, without limitation: (i)

blockades, riots, acts of war, acts of terrorism, piracy, destruction of essential equipment by fire,

explosion, storm, flood or earthquake; (ii) epidemics, pandemics, health emergencies or similar

occurrences; (iii) failures of, shortages in or a loss of access to equipment, power, supplies, fuel or

transport facilities; (iv) failure of a third party and (v) any circumstances considered to be an Act

of God.