NWL Media Liability Waiver

NORTHWOODS LEAGUE, INC. LIABILITY WAIVER

RELEASE

In consideration of being permitted to enter for any purpose any Restricted Area (defined as the playing field and other areas to which admission by the general public is prohibited), or being permitted to attend, compete in, officiate at, observe, work at or for any purpose participate in any Northwoods League, Inc. (“NWL”) or (“Affiliate Club”) event or activity, during the NWL season, each of the undersigned, for himself/herself, his/her personal representatives, assigns, heirs, and next of kin, acknowledges, agrees and represents that he/she:

HAS READ, AGREES TO AND ACCEPTS ANY AND ALL CONDITIONS OF ENTRY CONTAINED OR INCORPORATED IN A CREDENTIAL, PASS, TICKET OR OTHER DOCUMENT, INCLUDING WITHOUT LIMITATION THE NWL CREDENTIAL MEMO (included herein as Exhibit A, a signed copy of which must be on file for your Organization), provided to the undersigned to gain access to the Restricted Area(s), which conditions are incorporated herein by reference.
HAS INSPECTED AND WILL INSPECT immediately upon entering any of such Restricted Area(s), and continuously thereafter, such Restricted Area(s) and all portions thereof which he/she enters and with which he/she comes in contact, and he/she does further warrant that entry upon such Restricted Area(s) constitutes an acknowledgment that he/she has inspected such Restricted Area(s) and finds and accepts the same as being safe and reasonably suited for the purposes of his/her use, and he/she further agrees and warrants that if, at any time, he/she is in or about Restricted Area(s) and believes anything to be unsafe, he/she will immediately advise event officials of such and will leave the Restricted Area(s).
HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the NWL, Affiliate Club, any affiliate of the NWL, the promoters, other participants, operators, officials, any persons in a Restricted Area, sponsors, advertisers, owners and lessees of the premises used to conduct the event or activity, and each of them, their officers, directors, employees, agents and contractors, all for the purposes herein referred to as “Releasees,” from all liability to the undersigned, his personal representatives, assigns, heirs and next of kin for any and all damage, and any claim or demands therefore on account of injury to the person or property or resulting in the death of the undersigned, whether caused by the negligence of the Releasees or otherwise while the undersigned is in or upon the Restricted Area(s), and/or attending, competing in, officiating at, observing, working at, or for any purpose participating in the event or activity.
HEREBY AGREES TO INDEMNIFY, SAVE AND HOLD HARMLESS the Releasees and each of them from any loss, liability, damage, cost or claim they may incur due to the presence of the undersigned in or upon the Restricted Area(s) or attending, competing in, officiating at, observing, working at, or for any purpose participating in the event or activity.
HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of any of the Releasees or otherwise while in or upon the Restricted Area(s) or attending, competing in, officiating at, observing, working at, or for any purpose participating in the event or activity.
EACH OF THE UNDERSIGNED expressly acknowledges and agrees that the event or activity and the Restricted Area(s) are dangerous and involve the risk of serious injury and/or death and/or property damage. Each of the undersigned further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS LIABILITY WAIVER, and further agrees that no oral representations, statements or inducements apart from the foregoing written agreement have been made.

This Liability Waiver specifically embraces each and every event sanctioned, authorized or promoted by any Releasees during the entire NWL season and applies to each and every event or activity hereinabove mentioned, and has the same effect as if executed with respect to each and every activity or event in which the undersigned participates so that the parties herein intended to be released and indemnified shall be fully and effectively released and indemnified as to each and every event hereinabove described.

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EXHIBIT A: NWL CREDENTIAL MEMO

TO: WORKING MEDIA

FROM: NORTHWOODS LEAGUE AND

This Northwoods League (“NWL” or “League”) Credential Memo summarizes the terms and conditions for the issuance by the League of certain credential cards for your organization granting privileged access to games of the (“Team” or “Affiliate Club”) during the season. Upon receipt of a fully-executed Notice of Credential Use Conditions Agreement (enclosed herewith), the League will issue your organization its credentials.

In exchange for access to our facilities and/or stadium in ways not available to the general public, you have agreed to certain terms and conditions governing your access and the use of the content you gather as a result of that access, which are incorporated by reference on the back of the credentials cards. Credential cards must be displayed at all times in order to enter and remain in NWL facilities and/or stadium. This memorandum summarizes the complete Notice of Credential Use Conditions, which is attached to this memorandum.

Unless permitted by a separate NWL authorization, credentialed individuals and organizations may sell or distribute the content they gather only as part of the editorial product (g., newspaper) delivered to end users (i.e., consumers such as readers and TV viewers), regardless of media platform, and not to other organizations or for use in any commercial products distributed in any medium (e.g., apparel, posters, or other types of souvenir or other merchandise). If the credential has been issued to established wire and news services whose normal business is to distribute information to other news organizations, however, such services may distribute the information to other print and broadcast media organizations, who may use the information for editorial product as though they generated it themselves.

The Accredited Organization’s and Bearer’s distribution of Game Content must be time-delayed and/or limited in amount (including while a game is in progress) as set forth in the Notice of Credential Use Conditions and may not, under any circumstances, constitute, serve as a substitute for, or otherwise approximate, play-by-play accounts or depictions of a game in any medium.

The NWL credentials impose an aggregate four (4) minute limit per day on the use of online and other new media non-game audio and video content (whether on digital, tape, film or otherwise) obtained as a result of credentialed access. If related to a game, such content may not be “archived” (e., made available for on-demand public access) on or through the Internet for more than 24 hours after the game, may not incorporate integrated advertising (regardless of whether the advertising is integrated with, or around, the content), and must be accompanied by links back to www.northwoodsleague.com or to the Team’s web site. We do not count toward the four-minute limit video/audio material that is comprised entirely of a credentialed media employee providing commentary or analysis (“Talking Head” reporting), including pre- or post-game stand-up material shot on the field or other facility location.

Access to the playing field area is subject to NWL and Team rules, including all rules concerning photography location borders along the baselines and dugouts.

Individual credential holders who receive playing field access privileges acknowledge that they assume the risks inherent in field access (foul balls, collision, injury, and the like) and, as a condition of such access, waive their rights to assert that the NWL, the Team, any other affiliate club, or any player is liable for any injury that they may suffer. The required waiver is set forth in the Notice of Credential Use Conditions below, a copy of which much be signed online by anyone desiring to have access to the ballpark through a Media Credential (the Team will provide a URL to complete the Liability Waiver upon execution of the Northwoods League Credential Memo).

Each credential is issued to, and binding on, the holder and his or her employer. The credential may not be used by, or lent or transferred to, any individual or entity other than the party to which it was directly issued.

The credential also authorizes media organizations limited use of NWL and/or Team trademarks (including team colors and logos) in their news and editorial coverage of the NWL and NWL games. It does not authorize media use of such trademarks in non-editorial contexts in any medium (e.g., in connection with apparel, posters or other types of souvenir or other merchandise); any such non-editorial use of NWL marks or logos requires a separate license.

Misuse of credentials, failure to abide by the terms of the credentials, disorderly conduct and/or failure to comply with security measures will subject the credential holder to, among other things, ejection from the game being covered and to cancellation or revocation of credentials for future games.

Notice of Credential Use Conditions –

Agreement

Acceptance of NWL and team credentialed access constitutes agreement by the Accredited Organization (as defined below) and the Bearer (as defined below) to abide by (1) the following terms and conditions, (2) an executed Liability Waiver (necessary for access to the playing field), and (3) the NWL Rules governing access to the playing field area, as well as any other rules that may be issued by the League and/or the (“Affiliate Club” or “Team”) pertaining to field access.

Purpose

The credential card provides privileged access to an organization (the “Accredited Organization”) for the sole purpose of authorizing, under certain terms and conditions, access to a designated NWL Affiliate Club stadium and/or facility for an individual (the “Bearer”) who has a legitimate working function at the game or event for which this credential is issued (the “Game” or “Games”). It may not be transferred by the Accredited Organization to which it is directly issued and the Bearer may use it only and directly for the Accredited Organization’s purposes. Any unauthorized use of the credential card subjects the Bearer to ejection and subjects the Accredited Organization to revocation of its credentials for future NWL and/or Team games or events. The NWL is defined for the purposes of the credential card to include the Northwoods League, its Affiliate Clubs, and their agents and employees. The NWL, at its sole discretion, may revoke any Accredited Organization’s or individual Bearer’s credentials.

Permitted Uses

The credential card authorizes (i) the use by the Accredited Organization, solely for news and editorial coverage of the Game or Games, of any descriptions (including statistical descriptions), accounts, video, photographs, non-Game action video or audio recordings of the Games, or of player interviews, press conferences, or other stadium activities related to the Game or Games (collectively, “Game Content”) taken, made, created, or compiled by the Accredited Organization or the Bearer, and (ii) the use by the Accredited Organization of any NWL or NWL Affiliate Club logos or trademarks (collectively the “Marks”) in connection with the uses of the Game Content authorized herein. Any other use or attempted use by the Bearer or the Accredited Organization of Game Content or Marks, including any distribution of Game Content to third parties other than ultimate consumers (e.g., newspaper readers) for their use (whether before or after the conclusion of the Games, and whether or not for editorial purposes), any purported authorization by an Accredited Organization of any third party to redistribute Game Content and any non-editorial use of Game Information or any Marks, including in connection with or as part of commercial products distributed in any medium (e.g., apparel, posters, or other types of souvenir or other merchandise) is expressly prohibited, unless the Accredited Organization has obtained the advance written permission of the NWL. The Accredited Organization’s and Bearer’s distribution of Game Content must be limited in amount (including while a Game is in progress) as set forth in this Notice of Credential Use Conditions and may not, under any circumstances, constitute, serve as a substitute for, or otherwise approximate, play-by-play accounts of a Game in any medium.

The Accredited Organization may supplement its traditional media distribution platform (e.g., newspaper, television, radio, etc.) with its own new media distribution platforms (e.g., Internet, wireless, podcasts, etc.) provided that, with respect to such new media distribution platforms: (a) any photographs used are limited to a reasonable number not to exceed fifteen (15) per Game, and used only to illustrate or support news coverage of the Game or other editorial purposes (as opposed to use in connection with or on commercial products, e.g., apparel, posters or other types of souvenir or other merchandise) purposes; (b) no video of Game action is used (except that, if the Accredited Organization is a television broadcaster, Game action highlights may be shown as part of a single, non-archived, online “simulcast” of any regularly scheduled television news programming the Accredited Organization may broadcast, provided it adheres to the limits on such broadcasts set forth below); and (c) use of non-Game action audio and video content, obtained as a result of credentialed access (e.g., press conferences, and/or interviews at NWL venues) (1) is limited to four (4) minutes maximum per day per Team (i.e., eight (8) minutes maximum -- four (4) minutes per team -- in two-team markets, etc.), (2) if related to a particular Game, may not be archived (i.e., made available for on-demand public access for more than 24 hours after the Game), (3) may appear in an editorial context only (no sponsorship, merchandising or advertising integrated with or around the content), and may not be posted “live” or in real time, (4) is accompanied by links back to northwoodsleague.com and to the Team’s web site; and (5) while a Game is in progress, any forms of accounts of the Game must be time-delayed and/or limited in amount (e.g., score updates with detail given only in quarterly game updates, fewer than 15 photographs during the game) so that the Accredited Organization’s game coverage cannot be used as a substitute for, or otherwise approximate, authorized play-by-play accounts. Audio and video content consisting of material obtained at press conferences may not be posted “live” or in real time and may not exceed the four (4) minutes per Team per day limits set forth above.

Any proposed use of Game Content that is more detailed and/or immediate than that described or which exceeds the limits set forth above requires a separate license from the NWL.

Risk

The Accredited Organization and the Bearer: assume all risk incident to the performance by the Bearer of his or her services; assume all risk incident to attending NWL and/or Team Games; agree that the NWL and/or Team have no responsibility for any equipment in use in the stadium; agree that they are not acting for the NWL and/or Team in any manner whatsoever and are not employees or agents of the NWL and/or Team; and agree to indemnify and hold harmless the NWL and Team from and against all liability, loss, damage or expense resulting from or arising out of the issuance of the credential card or the Bearer’s presence in the stadium, except to the extent such liability, loss, damage or expense arises out of the willful or intentional misconduct of the NWL or Team. The Bearer and his or her belongings may be searched upon entry into the stadium and the Bearer consents to such searches and waives any claims that he or she might have against the NWL and/or Team in connection therewith. If the Bearer fails to consent to such searches, it is agreed and understood that he or she will be denied access to the stadium. Any Bearer who is deemed disorderly, or who fails to comply with these terms or any and all security measures, shall be subject to, if appropriate, ejection from the stadium and prosecution, and shall subject the Accredited Organization to revocation of its credentials for future NWL and Team games or events.

Counterparts

This Agreement may be executed in one or more counterparts and by electronic signature, each of which shall be deemed original, and all of which together will constitute one and the same instrument.

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February 11, 2019 4:07 pm CST

NWL Media Liability Waiver Uploaded by Tina Coil - tina@northwoodsleague.com IP 2603:9000:8700:567a:d8e2:e51a:c2e3:ea2a

February 11, 2019 4:09 pm CST

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