TERMS & CONDITIONS OF MEDIA CREDENTIAL
Requesting Media Members and Approved Media Members acknowledge and agree to the following Terms and Conditions:
1 Eligibility; Transferability; Revocation. Each Requesting Media Member who wishes to obtain a Media Credential must fully and accurately complete an Application and submit a letter (from a managing editor, publisher, or producer) confirming their assignment. The confirmation letter should be e-mailed to pr@mccourtfoundation.org by the Request Deadline. Each Approved Media Member using a Media Credential represents that he/she is acting on a specific assignment for a newspaper, or for a press, news, or photographic service (freelancers must be on specific assignment and submit original proof of assignment to the McCourt Foundation). Each Media Credential issued by THE MCCOURT FOUNDATION (TMF) authorizes only the Approved Media Member to use certain information gathered at the Event (video, audio, photo, etc.). The Media Credential is non-transferable, and creates no economic or other legally recognized interest in the Approved Media Member. TMF may, in its sole discretion and for any reason, grant, deny, or revoke Media Credentials, or modify these Terms and Conditions.
2. Event Access. In the interest of safety, TMF limits vehicle access on the run course and offers limited space on the authorized motorcycles and press trucks. Approved Media Members will have access to the run course by foot. Camera crews accompanying the Approved Media Member will not be granted access to the Event without proper accreditation.
3. TMF's Exclusive Media Rights. TMF owns and retains exclusive media rights (including, without limitation, rights in television broadcast, cable, audio, home video, Internet, or such other recordings, tangible expressions, webcasts, accounts, or descriptions, now known or hereafter devised) to each Event. Each Media Credential confers on Approved Media Member a limited, non-exclusive, and non-transferable license to lawfully acquire information at the Event such as pictures, photographs, video, audio, or by any other means so long as the information is only used for news coverage or for editorial uses in magazines, books, or articles about the Event. Any commercial use or other use of the information is strictly prohibited. Approved Media Members shall not publish or otherwise make available more than one (1) photograph gallery (which shall be limited to thirty (30) photographs) per Event.
4. Media Materials. In exchange for the access granted by the Media Credential, TMF shall have the right to purchase from Approved Media Member a non-exclusive, royalty-free, perpetual, worldwide, license to use or reproduce, any published material, in any medium, including, without limitation, pictures, photographs, video, or audio taken by the Approved Media Member in connection with the Media Credential or the Event (the "Media Materials"). TMF will have the right to purchase any of the Media Materials at the best financial terms offered to third parties. For avoidance of doubt, Approved Media Members shall not use any content described above in any commercial manner without the prior written consent of TMF, which consent may be approved or denied in TMF sole discretion.
5. News Reporting and Results. Approved Media Members are not authorized to speak or communicate on behalf of TMF. Live or real-time coverage including, without limitation, streaming video, digital images, real-time audio, or other recording or description of the Event, whether now known or hereafter devised, is strictly prohibited. This includes posting updates to Facebook, Twitter, and/or similar social networking outlets. Race result information may appear only in the news portion of the Approved Media Member's website after completion of the race on the day of the Event, or after such information is posted on www.themccourtfoundation.com. This limitation shall not apply to internal, non-public transmissions between Approved Media Members and their respective principals, agents, or employees.
6. Proprietary Rights. TMF is the exclusive owner of any and all of its intellectual property rights, including, without limitation, its trademarks, copyrights, and other proprietary rights. The Media Credential authorizes the Approved Media Member to use Event-related trademarks in its news coverage of the Event and TMF, provided, however, that the Approved Media Member is not authorized to use any Event-related trademarks in non-news contexts or for commercial purposes, unless a separate written license is obtained from and signed by an authorized representative of TMF. The Media Credential does not grant the Approved Media Member rights to use any other third party trademarks. Approved Media Members are responsible for obtaining all necessary licenses, consents, and releases permitting the use of any third party's proprietary material including, without limitation, any third party's copyrights, trademarks, rights of publicity, rights of privacy, or other proprietary or personal rights, included in any photograph taken or other material obtained in connection with the Media Credential or the Event.
7. Use of Image/Likeness. Approved Media Members grant to TMF, its affiliates, designees and assignees the right and permission to photograph, film, record and/or otherwise capture in any media the name, image, voice, written statement, photograph and/or visual likeness of Approved Media Member (collectively "Images"), with right to sublicense, during the activities or otherwise, without compensation, for use for any purpose in any media throughout the world in perpetuity, including but not limited to use in broadcasts, photographs, publications, podcasts, webcasts, motion pictures, brochures, CDs, DVDs, internet websites, television, and/or in any related commercial, informational, educational, advertising, or promotional materials. Approved Media Member acknowledges and agrees that all ownership and copyright rights in the Images shall be owned by TMF and waives any inspection or approval rights.
8. Assumption of Risk and Release. Approved Media Member assumes all risk and danger incidental to the performance by the Approved Media Member of his or her services; to the sport of triathlon, as well as any risk or danger reasonably foreseeable while on or around the Event course or venues (including, without limitation, falls, dangers of collisions with vehicles, pedestrians, participants, and fixed objects; the dangers arising from surface hazards, equipment failure, and hazards that may be posed by spectators or volunteers, and weather conditions) and releases TMF, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, volunteers, administrators, contractors, volunteers, all other persons or entities involved with the Event, and each of their respective parent, subsidiary and affiliated companies, licensees, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, and representatives (individually and collectively, the "Released Parties"), from any and all liabilities resulting from injuries or personal property loss occurring before, during, or after the Event.
9. Release & Indemnification. Approved Media Member agrees to indemnify, defend, and hold the Released Parties harmless from and against any and all claims, actions, damages, liabilities, costs or expenses (including reasonable attorneys' fees and costs of suit/ arbitration) against third party claims arising out of or in connection with (a) Approved Media Member's use of any information taken or obtained at the Event in connection with the Media Credential, including, without limitation, any claim that use of such information infringes any third party's copyrights, trademarks, rights of publicity, rights of privacy, or other proprietary rights; (b) Approved Media Member's acts or omissions, or alleged acts or omissions; and (c) Approved Media Member's breach of any of the Terms and Conditions. With respect to any claim that might give rise to liability of the Approved Media Member as an indemnitor hereunder, TMF shall have the right to fully participate in the litigation of such claim with counsel selected by Approved Media Member, and approved by TMF, at the Approved Media Member's sole expense; and not be obligated to participate in any settlement of such claim.
10. Governing Law and Dispute Resolution. Approved Media Member acknowledges and agrees that any dispute or claim/s Approved Media Member may have arising out of, relating to or in connection with these Terms and Conditions, the Media Credential, Approved Media Member’s coverage of the Event, or any other aspect of Approved Media Member’s relationship with TMF: (a) shall be governed by Florida substantive law (without regard to its "conflict of law" rules) and (b) unless settled by direct discussions, shall be determined by binding arbitration as the sole and final remedy for all matters in dispute, administered by the American Arbitration Association ("AAA") in accordance with applicable Arbitration Rules as interpreted and governed by the Florida Arbitration Code. AAA arbitrator(s) knowledgeable in the field and in commercial matters, acceptable to both the Approved Media Member and The McCourt Foundation, shall conduct the arbitration. Approved Media Member agrees that any arbitration proceeding, or any suit or other proceeding must be filed, entered into and/or take place only in Tampa, Florida. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason, unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
11. Enforcement. Any Approved Media Member who enters restricted areas, is deemed disorderly, or fails to comply with any of the Terms and Conditions, any security measures, or any direction from any Event official, may be subject to (a) immediate removal from the Event, (b) prosecution, and/or (c) revocation of Media Credentials for future Events.