Complete statements from ten NASCAR team owners defending charter system

Ten different team owners provided affidavits where they expressed support for the current charter system, which is at the center of a contentious lawsuit between 23XI Racing, Front Row Motorsports and NASCAR. 

The team owners talked about a desire for permanent charters, pointing out the positive impact they have had, while also warning of the consequences stemming from a future without them. 

Of note, Joe Gibbs pointed out that he and his team are in an "incredibly difficult position" as his star driver, Denny Hamlin, owns one of the teams in the middle of this legal battle. 

You can find a full breakdown of Friday's lawsuit filing HERE, and below is a full list of ever signed affidavit in its entirety: 

NASCAR asks court to proactively rule against 23XI, Front Row

Joe Gibbs -- Joe Gibbs Racing

"My name is Joe Gibbs and I am an owner and the founder of Joe Gibbs Racing ("JGR"). I founded JGR in 1991 when my first stint as Head Coach of the Washington Redskins in the NFL was coming to an end . .TGR has been fortunate to have success racing in the NASCAR Cup Series and also the NASCAR Xfinity Series. JGR drivers have won five Cup Series championships and four Xfinity Series championships.

"Jim France and Steve Phelps asked me to provide a Declaration in this matter. I am doing so, though with great reservation. JGR and I are in an incredibly difficult position. On the one hand, I have had a close and important relationship with the France family for decades, and consider Jim France a personal friend. Jim and I have had numerous talks about our families and how important NASCAR is to their future. At the same time, this lawsuit involves some of our very important partners: Toyota, alliance partners, and our driver Denny Hamlin. These relationships are some of JGR's most important business relationships. 

"Therefore, the outcome of this lawsuit is very important for JGR and my family. The most important thing to me is that this lawsuit is resolved amicably, quickly, and in a manner that preserves the Charter system and the long-term viability of our incredible sport. That must happen to ensure the health, happiness and prosperity of our many hundreds of employees and their families. Nothing matters more to me.

"I have respect for the time, effort and money the France Family has put into making NASCAR what it is today. NASCAR has also been willing to evolve as the motorsports and sports and entertainment landscape has changed, particularly over the past 20 years. NASCAR and the teams ultimately agreed to the system now known as the Charter agreement, which went into effect for the 2016 Cup Series season. I think that the Charter system has created equity value, though it is imperative that the equity value become permanent. I have repeatedly expressed my strong desire for the Charter system to become permanent in nature, and I continue to hold out hope that will one day be the case. Doing so would, in my view, solidify the financial health and well-being of the Cup teams and the sport as a whole. The Charter system also delivered guaranteed entry into Cup Series races for Charter holders.

"The 2016 Charter was set to expire at the end of 2024. The negotiations over the new Charter, the 2025 Charter, were long and difficult, lasting over 2 years. JGR ultimately agreed to  sign the 2025 Charter Agreement. Had we not, JGR would have put at risk its four Charters, which in turn, would have put at risk the organization as a whole, and the employees and families that rely on us.

"I am hopeful that the 2025 Charter and the efforts ofNASCAR, the teams, the tracks, and our sport's media partners will deliver continued success for all of the stakeholders necessary to put on exciting races that our fans love.

Rick Hendrick -- Hendrick Motorsports

"The 2016 Charter Agreement was set to expire at the end of 2024. Following more than two years of arduous negotiations, I felt we had reached a stalemate. I ultimately decided that it was in the best interests of Hendrick Motorsports to move forward with the 2025 Charter Agreement as opposed to losing the Charter system altogether. While by no means does the 2025 Charter Agreement reflect what we hoped to achieve, the teams were able to secure a reasonable revenue increase.

"Shortly after Hendrick Motorsports signed its four Charters, I made remarks to members of the press that conveyed my perspective: "I think we worked really hard for two years and it got down to, you're not going to make everybody happy. But in any negotiation, you're not going to get everything you want, and so I felt it was a fair deal and we protected the Charters, which was number one, we got the revenue increase, I feel a lot of things we didn't like we got taken out, so I'm happy with where we were."

"The France family has put significant time, effort and financial investment into the growth and success of NASCAR, which is a private company that has become the most popular form of auto racing in the United States. It is their life's work, just as Hendrick Motorsports and Hendrick Automotive Group are mine. Although we do not always see eye-to-eye on every topic related to our industry, I have the utmost respect for what they have built and believe they are committed to continued investment that will build a stronger sport for all of us.

"The Charter Agreement is critical to the stability of the NASCAR ecosystem - the teams, the businesses that support us and NASCAR itself. Without this framework in place, I question the long-term viability of the teams, including Hendrick Motorsports, and do not believe we would be able to survive. Undoing what we have collectively negotiated will not only result in immeasurable damage to our sport and our respective businesses, it will, most importantly, hurt the people and families that depend on us for their livelihoods.

Richard Childress -- Richard Childress Racing

Roger Penske -- Team Penske

Brad Keselowski -- RFK Racing

Jon Wood -- Wood Brothers Racing

an Executive Vice President, working on the competition side of the race team. 

respectively. 

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currently exists brings value to the race teams.

they have made to grow the Cup Series into what it is today.

"I am presenting this declaration voluntarily and of my own free will. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on October 2, 2025."

Rick Ware -- Rick Ware Racing

"My name is Rick Ware, I'm the owner and founder of Rick Ware Racing ("RWR"). RWR is and always has been, a family-run business, run by myself and my wife of 34 years, Lisa Ware. I have a long history in motorsports in general, as I grew up around the racetrack and spent years as a driver before transitioning to being a team owner. I have been involved in the NASCAR Cup Series, various other NASCAR sanctioned series, the NTT IndyCar Series, IMSA sports car racing, NHRA racing, AFT short track racing and supercross racing on a world stage in WSX. As a NASCAR Cup Series team owner, I proudly watch my son, Cody Ware, drive the No. 51 car for RWR every week as its full-time driver.

"RWR began entering NASCAR Cup Series events in 2004. RWR first leased Charters, then purchased its first of two NA SCAR Charters from Front Row Motorsports :in 2018, followed by a second in 2019. In 2020, RWR then purchased a third Charter from Premium Motorsports. Since 2020, RWR has been the owner and operator of multiple NASCAR charters. I have participated in many Charter transactions since 2018 as a lessor, lessee, buyer and seller. I feel my knowledge concerning Charter transactions is very extensive. Most recently, in January 2025, after the current Charter Agreement took effect, I was approached by Legacy Motor Club about buying one of Charters held by RWR. I agreed to meet because the value of Charters had increased significantly since 2014. I indicated to Legacy Motor Club that the range within which I would consider selling one of the Charters would be approximately $50 million.

"The Charter system has allowed a small, family run race team like R WR to use the financial security that is inherit with the provisions of the agreement with NASCAR, to grow into a multi- disciplinary motorsport organization that includes having owned and leased as many as five (5) full-time Charters at one time in the 2020 and 2021 NASCAR Cup Series seasons. Without the Charter system, we could not have grown our footprint to what it is today and would not have ever realized the ability to operate as a full-time NASCAR Cup Series team.

"I am presenting this declaration voluntarily and of my own free will. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on October 1, 2025."

Gordon Smith -- Hyak Motorsports

"My name is Gordon Smith and I am the majority owner of Hyak Motorsports along with Brad Daugherty, Mark Hughes and Ernie Cope. When I became principal owner of Hyak Motorsports in November 2023, it was known as JTG Daughterty Racing. We executed a rebrand of the team to Hyak Motorsports to emphasize our focus on performance, innovation and fan engagement. Hyak means “fast” in Chinook jargon. Hyak Motorsports currently enters one car, the No. 47 car driven by Ricky Stenhouse, Jr., into NASCAR Cup Series races. We do not currently participate in any other forms of professional racing.

"Prior to getting involved in NASCAR, I co-founded a successful maritime transportation company called Hyak Maritime. In addition to owning tugboats, Hyak Maritime owns a 34-acre shipyard repair and vessel management facility in Astoria, Oregon called Hyak Tongue Point.

"I became an owner in Hyak Motorsports prior to the 2016 season, which was the first season in which teams operated with Charters. I made the decision to invest in Hyak Motorsports because I love racing and was excited to enter into what I hoped to be a growing sport. I became the principal owner of Hyak Motorsports in the fall of 2023, while the 2016 Charter was still in effect and while negotiations between Charter holders and NASCAR over the terms of a new Charter were well underway. In November 2023, I was quoted as saying: “Becoming the owner of Hyak Motorsports brings an exciting opportunity. I look forward to building on the team’s accomplishments, investing in its future, and driving toward new successes in partnership with our fans, sponsors, and team members.” At that time, I hoped that the Charter negotiations would result in a new deal that brought greater value and stability to all teams.

"After I became the principal owner of the Hyak Motorsports in November 2023, NASCAR sent multiple draft version of the 2025 Charter. I recall receiving drafts in May 2024, August 2024, and finally in September 2024. Hyak Motorsports accepted NASCAR’s final Charter offer on September 6, 2024 because I believed that signing the new Charter agreement, which provided greater revenue than the prior deal, made more sense than potentially losing the Charter that we owned, which provided an essential source of revenue and stability for our team. During the negotiation process, NASCAR listened to input from Hyak Motorsports, even though we are one of the smaller Cup Series teams.

"The Cup Series is a unique in many ways because tracks, teams, drivers, and NASCAR all need to cooperate and work together to deliver races that our fans want to watch, which also drives media and sponsorship interest. It is critical to have tracks which are able to invest in their facilities and the fan experience. In addition, it is important for teams like Hyak Motorsports to invest in future growth. And, of course, NASCAR needs to invest as well so that the Cup Series doesn’t fall behind other major sports in terms of fan interest.

"I believe that the 2025 Charter represents the best deal that Hyak Motorsports and the other participating teams were able to negotiate, and the stability and certainty afforded by the Charter system is a key and integral part of what enables us to have success. I have significant concerns about the current litigation given the uncertainty it brings and the detrimental effect it may have on the future of the sport. More than anything, I hope that the litigation is resolved in a manner that protects the future viability of our incredible sport, and creates greater stability and certainty for all participants and stakeholders.

"I am presenting this declaration voluntarily and of my own free will. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on September 29, 2025."

B.J. McLeod -- Live Fast Motorsports

My name is Burton Darwin ("B.J. '') McL~ Jr. I began my driving career when I was young~ racing go-karts and then various forms of stock cars. I have competed in about 150 NASCAR Cup Series races, about 170 NASCAR Xfinity races , and about 40 NASCAR Craftsman Truck Series races.

ln 2010 , I started a driver development team called BJ. McLeod Motorsports to give opportunities to up and coming drivers . ln 2020, I formed Live Fast Motorsports which purchased a portion of a NASCAR Charter that Live Fast Motorsports used to compete in Cup Series races (racing the No . 78 car) until the end of the 2023 season when I decided to sell the Charter to Spire Motorsports due to the demand of NASCAR charters rising and the increase in value, it was the best business decision for me at that time. I thought that the terms of the 2016 Charter agreement were fair and the value of owning one increased over the time I operated and owned it since selling the Charter at the end of the 2023 season, the No. 78 car has continued to compete in Cup Series races as an Open team.

Recently, Katherine Legge has driven the No . 78 car in multiple races, including the 2025 Cup Series race on the streets of Chicago. Katherine finished 19th in that race, becoming the first female driver to finish in the top-20 of a Cup Series race in over eight years. Katherine followed that up with a 17th place finish at the Brickyard 400, even though she started the race in 38th position. Katherine is a highly accomplished driver who has also raced in lndyCar and sports cars, competing in the Rolex 24 at Daytona and the 12 Hours of Sebring. I was happy to give Katherine the opportunity to compete in the Cup Series- and she made it easier by bringing with her sponsors who are supporting her and who are "all-in" on her efforts in NASCAR. Katherine is the same sort of trailblazer that Danica Patrick was for women in motorsports and I'm happy to be able to open doors for her in the Cup Series.

"I am presenting this declaration voluntarily and of my own free will . I declare under penalty of perjury under the Jaws of the United States of America that the foregoing is true and correct. Executed on September 29, 2025."

Carl Long -- MBM Motorsports (Garage 66)

"My name is Carl Long. I have raced cars since 1983, raced as a driver in 26 NASCAR Cup Series races, and have worked as a driver, crew chief, spotter, mechanic, and competition director during my career.

more than 125 times in the NASCAR Cup Series as an Open team (in other words a team that does not have a NASCAR Charter). MBM Motorsports raced as an Open team within the rules and only for the purse that NASCAR makes available -- and has done so with no issues. MBM Motorsports intends to enter at least 20 Cup Series races next year as an Open team, and believes it could race in all 36 points races relying on just sponsorship and purse revenue if it was guaranteed entry into all Cup races. into all Cup Series races.

"If MBM Motorsports was able to acquire a 2025 Charter as it currently exists, MBM Motorsports would do so because I believe in the future of the Cup Series, and I also believe that the current Charter system brings value to race teams, and guaranteed entry into races would make it easier for for MBM Motorsports to sell sponsorships. 

"I am presenting this declaration voluntarily and of my own free will. I declare under penalty perjury under the law of the United States  of America that the foregoing is true and correct. Executed on September 26, 2025."

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