APPLICATION FOR EPCR MEDIA ACCREDITATION TERMS AND CONDITIONS For the purposes of these Terms and Conditions: “Agency” means (if and as applicable) the newspaper, press or media company or agency that has employed or retained the Media Personnel for the purposes of creating Media Content of the Event or to which the Media Personnel provides Media Content from an Event; "Application" means the Media Personnel's application for accreditation at the Event(s); “Event(s)” means the fixture(s) referred to at the top of the Application; "Media Content" means any images, sound recordings and/or footage produced by the Media Personnel at any Event; “Media Personnel” means the individual named on the Application; “Owner” means the owner of the Stadium where each Event takes place; “Promoter” means European Professional Club Rugby Ltd; and “Stadium” means the stadium at which any Event takes place.
A. Accreditation Application Procedure 2. By submitting an Application, the Media Personnel agrees: (a) on behalf of him/herself and the Agency (if applicable) to be bound by and comply with these Terms and Conditions, and for these purposes the Media Personnel warrants that he/she has the authority to accept these Terms and Conditions on behalf of the Agency (if applicable); (b) to the Promoter performing such verification checks on the Media Personnel as it reasonably requires for the purposes of granting an accreditation for the Event(s). 3. Upon accepting an Application, the Promoter grants the Media Personnel authorisation to enter the Stadium on the date of each Event for the sole purpose of creating Media Content of the Event and/or matters connected with it taking place inside the Stadium, subject to these Terms and Conditions, including without limitation the General Conditions of Grant at Section B and the Specific Conditions of Grant (as applicable) at Section C. B. General Conditions of Grant 1. Any accreditation is personal to the Media Personnel and may not be shared with, or transferred or assigned to, any person or entity. 2. Entry into a Stadium is at the Media Personnel’s own risk and neither the Promoter nor Owner shall be liable to the Media Personnel, the Agency and/or any authorised third party (as applicable) for any loss (regardless of whether such losses are direct or indirect) suffered by the Media Personnel, the Agency and/or any authorised third party (as applicable), provided that nothing in these Terms and Conditions shall exclude or restrict the liability of either the Promoter or the Owner for fraud, fraudulent misrepresentation or for death or personal injury resulting from negligence. 3. The Media Personnel shall, at all times whilst he/she is in within a Stadium, wear any and all forms of accreditation issued by the Promoter and present such accreditation to the Promoter, the Owner and/or any third party acting for or on behalf of the Promoter or Owner on request. Accreditations shall at all times remain the property of the Promoter. 4. The Media Personnel shall not wear any item displaying any branding or other visible commercial message whatsoever save for the Media Personnel’s bib (to be provided to the Media Personnel by the Promoter) which will bear branding of the Event sponsors. 5. The Media Personnel shall abide by: (a) all regulations governing entry to the Stadium imposed by the Promoter or the Owner; (b) all conditions imposed by the Promoter or other organising bodies (as applicable), including without limitation in relation to Media Personnel, the Event and/or the public generally, as notified to the Media Personnel by or on behalf of the Promoter or the Owner prior to entry to the Stadium; and (c) all instructions, directions and requests issued by or on behalf of the Promoter or the Owner at any time while inside the Stadium. 6. The Media Personnel shall have in place and maintain adequate public liability insurance cover in an amount of not less than five million pounds sterling (£5,000,000) for any one occurrence and not less than twenty million pounds sterling (£20,000,000) in the aggregate and free from any restrictions or exclusions in respect of his/her activities at and in connection with the Event and agrees to produce evidence of such insurance cover prior to his/her entry into the Stadium for each Event and/or on demand to the Promoter and/or the Owner. 7. The Promoter acknowledges that as between the Media Personnel and the Promoter all copyright in the Media Content is owned by the Media Personnel provided that, as a condition of the rights granted to the Media Personnel, the Media Personnel agrees, on behalf of him/herself and the Agency (if applicable) that: (a) any use of Media Content other than as permitted under the applicable Paragraphs of Section C below is not permitted without the prior written consent of the Promoter, which may be given or withheld in its absolute discretion and on such terms as may be agreed between the Promoter and the Media Personnel and/or the Agency (if applicable); (b) no Media Content may be distorted, doctored or altered in any way whatsoever (other than by legitimate techniques such as “cropping”); (c) no Media Content may be used in any way to suggest or imply any official relationship, association or endorsement between the Promoter and/or the Owner and the Media Personnel and/or Agency (if applicable); (d) without prejudice to Paragraphs B7(a), (b) and (c), no Media Content may be used in any way which may: i. challenges, damages, prejudices and/or undermines the intellectual property rights of the Promoter or any official sponsor of the Event; and/or ii. assists or leads to (or is likely to assist or lead to) any ambush marketing of or in connection with the Event. 8. Without prejudice to Paragraph B7, as between the Promoter and the Media Personnel, the Media Personnel shall be responsible for obtaining all necessary third party consents and licences prior to using any Media Content. 9. The Media Personnel agrees that he/she will favourably consider any reasonable request by the Promoter for access to, sight of, or copies of, any of Media Content for non-commercial use promptly upon receipt of a written request from the Promoter, subject to the payment by the Promoter to the Media Personnel of a reasonable handling fee or such other reasonable fee as the Media Personnel may require for such use. Any such grant of access to Media Content is acknowledged not to imply any grant of right of reproduction. Nothing in these Terms and Conditions shall constitute any obligation on the Media Personnel to preserve any Media Content. 10. The Media Personnel undertakes for him/herself and on behalf of the Agency (if applicable) to ensure that any Media Content distributed to any third party is used solely as permitted under these Terms and Conditions. 11. The grant of any accreditation or any use of Media Content in accordance with these Terms and Conditions shall not be construed as creating any partnership or agency between the Promoter and/or Organiser and the Media Personnel and/or Agency (if applicable).
The following Paragraphs shall apply, in addition to the provisions of Section B above, to the extent they are relevant to the Media Personnel's accreditation. 1. Photographers (a) All photographs shall be used solely in connection with: i. the reporting of current news events and related editorial matters (in all and any media whether print or digital including those accessed via applications (or ‘apps’)’); and/or ii. the promotion of the Media Personnel’s or (if applicable) the Agency’s news reporting and editorial services
2. Television (a) Any Media Personnel who is not authorised (either by the Promoter or an Agency who is authorised by the Promoter) to broadcast the Event via radio shall only be entitled to make radio broadcasts from within the Stadium for normal journalistic and editorial purposes and only for the purposes of reporting current events. Such Media Personnel is not permitted to carry out or cause to be carried out by any means whatsoever any live, or “as live”, sound reporting of the Event including, without limitation, any interview or broadcast from within any part of the Stadium, any on-line match tracking, live play-by-play text commentary, statistical commentary and/or live scoring. (b) Without prejudice to Paragraph C3(a) above, all broadcast reporting must be limited to 180 seconds. This limitation applies to coverage of all activities inside the Stadium excluding the post-match media conference and mixed zone.
D. Termination and Withdrawal of Accreditation (a) the suspension or termination of the Media Personnel's accreditation; (b) the Media Personnel being ejected from the Stadium by or at the request of the Promoter and/or the Owner; (c) the Media Personnel and Agency (if applicable) being refused entry to any other Events, other events at the Stadium and/or other events organised by the Promoter; and/or (d) financial compensation being claimed from the Media Personnel, the Agency and/or any authorised third party (as applicable) for any and all losses suffered as a consequence of such breach. 2. The exercise of any rights set out at Paragraph D1 above shall be at the sole discretion of the Promoter. Where reasonably practicable to do so (as determined by the Promoter in its absolute discretion), the Promoter shall give the Media Personnel prior notice of its intention to withdraw his/her accreditation for future events and discuss with the Media Personnel whether there is scope for the Media Personnel to remedy his/her breach and retain his/her accreditation for future events. 3. Any suspension or termination of the Media Personnel's accreditation shall be without prejudice to any other rights or remedies that the Promoter or Owner may have in respect of the Media Personnel and/or the Agency (if applicable) either under these Terms and Conditions or at law.
4. The Media Personnel and the Agency (if applicable) shall jointly and severally indemnify and hold harmless the Promoter and Owner against any loss (including consequential loss) or damage suffered by it or its respective officers, employees, and agents, resulting from a breach of these Terms and Conditions by the Media Personnel, Agent or authorised third party (as applicable). |
