NWL Media Liability Waiver-NRG Media
PART A—RELEASE FROM LIABILITY AND INDEMNITY
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:
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.
EXHIBIT A: NWL CREDENTIAL MEMO
TO: NRG 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 credentials 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 both attached to this memorandum and available at www.northwoodsleague.com:
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.
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.
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.
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.
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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Document Name: NWL Media Liability Waiver-NRG Media
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