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. A statement from Cal Wells III, who works as CEO of Legacy Motor Club, was also included in the filing but is not present here. Chartered teams that did not provide statements as part of this latest filing include Trackhouse Racing, Spire Motorsports, Kaulig Racing, and Haas Factory Team.

You can find a full breakdown of Friday’s lawsuit filing HERE, and directly below is where you can find a full list of every signed affidavit in their entirety: 

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.

“I am presenting this declaration voluntarily and of my own free will. I have made it clear to both sides in this lawsuit that I do not want to be a witness and that I think it’s important for this to be resolved before any real damage is done to the sport. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.”

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.

“Although NASCAR asked me to provide this declaration, I am doing so voluntarily, of my  own free will and without bias toward either party. More than anything, I hope the matter is resolved in a way that does not put the sport at risk. 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.”

Richard Childress — Richard Childress Racing

“My name is Richard Childress. I am the owner of Richard Childress Racing, which I founded in 1969. As a team owner for many decades, I believe in the concept of NASCAR’s Charter system. 

“Given the challenging business model and economics that Cup Series team owners face, Charters are essential to creating enterprise value for teams. The Charter system has helped create long– term equity value and has allowed for team equity value to grow. Without Charters, the team ownership model is unsustainable. That is why I remain committed to finding a mutually agreeable solution that will provide permanent Charters to all Charter holders.

“I am presenting this statement 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 3, 2025.”

Roger Penske — Team Penske

“My name is Roger S. Penske, and I am the founder and Chairman of Penske Corporation. Team Penske is a banner for racing teams fielded by subsidiaries of Penske Corporation. The company first raced in 1966 at the 24 Hours of Daytona race. Over the years, the company and subsidiaries have raced cars in IndyCar, the NASCAR Cup Series, the IMSA Sportscar Championship, the FIA World Endurance Championship, and the Supercars Championship.

“During and after attending college, I personally raced cars and did so until 1965 when I gave up racing to focus on a Chevrolet dealership I owned and then a truck rental and leasing business I purchased in 1969. Through hard work and good fortune, the business I founded, Penske Corporation, now holds investments in many racing enterprises Team Penske began racing in NASCAR in 1972 and participated in NASCAR until 1977 when we decided to focus on other motorsports and sold assets to a buyer.

“Team Penske returned to NASCAR’s Cup Series in 1991 and currently has three cars running full time. Team Penske has captured the last three NASCAR Cup Series Championships, with Joey Logano winning in 2022 and 2024 and Ryan Blaney winning in 2023. Team Penske operates out of a race shop in Mooresville, North Carolina. Team Penske’s race shop supports Team Penske’s NASCAR, IndyCar and sports car teams.

“In 2015, Team Penske and other race teams collaborated with NASCAR with the idea of creating a new system for teams participating in the NASCAR Cup series. Through extensive negotiations, the Charter system was created for the 2016 Cup Series season. I believe that the Charter system has been beneficial because it delivered on the race teams’ goal of creating long-term equity value. My understanding is that NASCAR Charter values have increased significantly in recent years. In addition, the Charter system delivered guaranteed entry into Cup Series races for Charter holders, which made it easier for teams to sell sponsorships, an important revenue source for race teams in the Cup Series, IndyCar, and all professional motorsports.

“The 2016 Charter is subject to non-renewal at the end of 2024. All of the Charter holders entered into negotiations with NASCAR in 2022. Team Penske signed 2025 Charters for its three cars racing in the Cup Series. I signed the 2025 Charters because I felt that NASCAR was not going to move any further on their document and it was time for our team to go forward.

“My belief in the value of the NASCAR Charter system is confirmed by the fact that, based on my experience with NASCAR’s Charter system since 2016, I decided to create a Charter-type system in IndyCar. In 2024, the NTT INDY CAR SERIES and all teams racing full time in IndyCar entered into a charter agreement effective for the 2025 season. The IndyCar Charter has some similarities to the NASCAR Charter and I believe has brought value to our series.

“Attempting to address team concerns with the cost to race in Cup Series races, NASCAR with feedback from the teams, introduced what is called Next Gen car. Since the Next Gen car began racing in 2022, Team Penske’s Cup Series race car costs have been reduced due to a smaller number of race cars in the fleet and a lesser volume of parts replacements. In addition to cost efficiencies, the Next Gen car has enhanced on track racing for our team and certainly others.

“I am presenting this declaration with the hope that the parties to the litigation can settle the litigation as soon as possible. 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.”

Brad Keselowski — RFK Racing

“My name is Bradley Aaron Keselowski. I grew up in a family that loved motorsports and racing. I began racing stock cars when I was 16 and raced in a NASCAR Craftsman Truck Series race in 2004 when I was 20 years old. I also raced in the NASCAR Xfinity Series and ultimately the NASCAR Cup Series. In my Cup Series career, I have won 36 races, and I was named one of NASCAR’s 75 Greatest Drivers in 2023. I was the Cup Series Champion in 2012. Effective January 1, 2022, I joined Roush Fenway Racing (now known as Roush Fenway Keselowski Racing or RFK Racing) as a driver and co-owner.

“RFK Racing currently owns two NASCAR Charters and leases a third for the entry of three cars in Cup Series races. RFK Racing also is a co owner of Roush Yates Engines, which manufactures engines for many Ford teams in the Cup Series and also in other motorsports series. When I became a co-owner of RFK Racing, negotiations for the 2025 Charter extension were ongoing, and while I was not directly involved in the negotiations, my understanding is that there were multiple drafts of the 2025 Charter exchanged. Although the teams did not get all they wanted in the Charter negotiations, the 2025 Charter reflects a compromise RFK Racing was ultimately willing to accept, and I believe it should contribute to growth in team equity values.

“As a successful driver, I love competing in all sorts of motorsports. I was approached by a short-track series called Superstar Racing Experience (SRX) about driving in SRX races. SRX was a series composed of stock vehicles that raced on short tracks in America. Unlike many motorsports series, including the Cup Series, there were no separately owned teams in SRX. Instead, SRX owned all cars, directly hired drivers, and provided the pit crews.

“I raced in the entire SRX series season (six races) in 2023 while continuing as a co-owner of, and driver for, a Cup Series team. NASCAR did not prohibit my participation in the SRX series.

“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.”

Jon Wood — Wood Brothers Racing

“My name is Jon Wood, and I am the President of Wood Brothers Racing, an organization created in Stuart, Virginia by my grandfather Glen Wood and my great–uncle Leonard Wood, 75 years ago. My father, Eddie, is the CEO of Wood Brothers Racing. My uncle Len is the Chief Operating Officer and my aunt, Kim Wood Hall, is the Chief Financial Officer. The third generation of our family is now actively involved in the racing team with me being named President in 2024, Jordan Wood Hicks working as Chief Marketing Officer, and Keven Wood, an Executive Vice President, working on the competition side of the race team. 

“Our Wood Brothers Racing story began in 1950 when my grandfather, Glen, started racing as a hobby near Martinsville, Virginia. My grandpa raced on the sand in Daytona Beach well before the Daytona International Speedway opened in 1959. He qualified on pole in the Convertible division for the first Daytona 500 in 1959 and later won four NASCAR races in the Grand National division, now known as the Cup Series. Wood Brothers Racing has won races in NASCAR over eight decades, securing over 120 pole positions and winning our 101st race in 2025. Legendary drivers like David Pearson, Cale Yarborough, and A.J. Foyt who primarily raced in the Indy Car series, have driven for Wood Brothers Racing and we have won NASCAR’s most prestigious race, the Daytona 500 five times. Wood Brothers holds the Guinness World Record as the longest active NASCAR racing team and both my grandfather and my great–uncle are both Inductees in the NASCAR Hall of Fame, classes in 2012 and 2013 respectively. 

“Presently, Wood Brothers Racing fields one car, the No. 21 Wood Brothers Racing Ford driven by Josh Berry, in the NASCAR Cup Series. Josh previously won the CARS Tour championship and drove one of the JR Motorsports Xfinity Series entries, followed by a year with Stewart Haas Racing in the Cup series. After running a full season as an Open Team in 2016 and leasing a NASCAR Charter for the 2017 NASCAR Cup season, Wood Brothers Racing obtained a partial interest in a NASCAR Charter in 2018.

“In December of 2020, we exercised our option to buy the charter outright, better positioning ourselves for our future involvement in the sport. I believe that the 2016 Charter delivered value to Wood Brothers and was the reasoning for investing in the Charter in 2020. I believe that the 2025 Charter delivers even more value. Negotiations on the renewed Charter agreement began in 2022. I recall receiving drafts of a new agreement before getting the final version in September 2024. In short, Wood Brothers Racing’s sole income is from racing in NASCAR and we believe that the 2025 Charter as it currently exists brings value to the race teams.

“We signed the 2025 Charter because we believe in the future of the Cup Series and we didn’t want to risk losing what my family has worked so hard to create over the years. With this in mind, we must note the concern we have with this litigation and the uncertainty it brings and the detrimental effect it may have on the future of the sport. As the longest active NASCAR team, Wood Brothers Racing respects the France Family and the investments 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.

“In 2005, I founded Motorsports Business Management LLC. In 2014, Motorsports Business Management added partners, however, I continue to lead the organization today. MBM Motorsports is the branch o fMotorsports Business Management LLC that races cars in various motorsports. MBM Motorsports has more than 630 NASCAR Xfinity Series starts and also competes in the NASCAR Craftsman Truck Series. In addition, MBM Motorsports has raced 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.

“While MBM Motorsports has attempted to purchase a NASCAR Charter, it has been unsuccessful to date. MBM Motorsports wants to ensure it has the ability to continue entering NASCAR Cup Series races as an Open Team, which is what led me to send the email as attached as Exhibit 1 to NASCAR’s President, Steve O’ Donnell. As I said in that email, the potential impact of Court decisions on MBM Motorsports’ ability to continue to race in the NASCAR Cup Series races (either by having Charters available for purchase or as Open teams) is important to our future because we need to make plans for years to come.

“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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