Each individual or entity using this credential, and his/her/its employers (each signer, user and employer, a “Bearer”) agrees that by signing this form, such person acknowledges having read, fully understands and is in agreement with the following policies:
1. Each Bearer attending an Event using a credential represents that such Bearer is acting on a specific assignment for a newspaper, or for a legitimate press, news or photographic service.
2. While inside the Event site, Bearer shall at all times be subject to the direction and/or supervision of Triumphant Combat Sports and its designated agents.
3. This credential is non-transferable, and any unauthorized use or transfer of this credential or violation of its terms may subject Bearer and/or the assigning news organization to ejection from the Event site, revocation of the credential, denial of access to Events in the future, prosecution for civil or criminal trespass, and any other remedies available under law.
4. All ownership, copyright and property rights in the Events and in any telecast, broadcast, transmission or recording thereof shall remain the sole property of Triumphant Combat Sports, and no such rights are conferred or intended to be conferred or created on behalf of Bearer or any other person or entity by the issuance of this credential.
5. The credential provides a limited authorization to Bearer, solely for news and editorial coverage of the Event, to take, make, create, or compile descriptions (including statistical descriptions), accounts, photographs, of the Event or of any athlete interviews, press conferences or other activities related to the Event, including, without limitation, use of the Triumphant Combat Sports, name and other proprietary marks and copyrights (collectively, “Event Information”).
6. Any secondary, non-editorial, commercial or other use by Bearer of the Event Information including any distribution of Event Information to third parties other than ultimate consumers for their use (whether before or after the conclusion of the Event, and whether or not for editorial purposes) and any authorization of any third party to redistribute Event Information is strictly prohibited, unless the Bearer has obtained the prior express written permission of Triumphant Combat Sports for such use; provided that the foregoing prohibition against any distribution of Event Information to third parties other than ultimate consumers for their use, shall not apply to wire service organizations.
7. Neither Bearer nor his or her assigning news organization shall be permitted to record, transmit, use or distribute any film, video or audio of the Event, or any excerpts thereof; provided, however that if the assigning news organization has been authorized by Triumphant Combat Sports to use film, video or audio excerpts pursuant to a separate license entered into with Triumphant Combat Sports or by separate written authorization from Triumphant Combat Sports, it may do so in accordance with the terms of such separate license or such separate written authorization. Notwithstanding the foregoing, video cameras of any kind and size or video sound and lighting equipment are STRICTLY PROHIBITED in the arena during Events, unless Triumphant Combat Sports gives expressed written consent to a particular media outlet. Triumphant Combat Sports reserves the right to confiscate and hold video cameras and equipment, audio equipment, videotape cassettes of any type and size, as well as still cameras and film of journalists who do not adhere to these policies. Confiscated cameras and equipment will be returned after Events. Confiscated videotapes, film and audiotape will not be returned.
8. Credentials alone do not authorize holders to take photographs in such a way as to create the appearance of video by using closely sequenced still photographs of fight action. Still images that are sequenced to appear to be video are not permitted under any circumstances.
9. While an Event is in progress, Bearer shall not transmit, display or aid in transmitting or displaying more than a reasonable number of still pictures, photographs or other non-text based accounts, descriptions or depictions of the Event except (i) this limitation shall not apply to internal transmissions between Bearer and such Bearer’s employer, or (ii) with the prior written consent of Triumphant Combat Sports.
10. Bearer shall have the limited, non-exclusive and non-transferable license to use (i) up to a total of 60 seconds of audio and video highlights provided to Bearer by Triumphant Combat Sports and (ii) a reasonable number of photographs taken in accordance with the terms and conditions of this credential, on its own online distribution platform, editorial product or site, including Internet, wireless and podcasts (collectively, a “New Media Distribution Platform”) for news coverage of the Event and other related editorial purposes. Such online uses shall: (x) not have any sponsorship or advertising integrated with or around the content; and (y) be accompanied by a link to www.TriumphantCombatSports.com. Use of such audio and video highlights or photography on Bearer’s News Media Distribution Platform in any other manner is expressly prohibited without the advance written permission of Triumphant Combat Sports.
11. Ringside photographers are not allowed to enter the ring under any circumstances before or after an individual fight or the overall Event. Ringside photographers are expected to show professional courtesy to fellow photographers and photo journalists before, during and after individual fights and the overall event.
12. Overhead photographers have a reserved seating assignment printed on his or her credential, and a matching sticker marks that position at that location. Photographers assigned overhead positions should be equipped with a lens capable of shooting from a location 200 feet above the ring. Photo positions will not be changed due to a photographer being unprepared. Roving photography is not permitted at Events without a proper escort and the consent of Triumphant Combat Sports.
13. Still photographers are prohibited from shooting from the media section and general seating areas inside the Event site. All photographers are required to shoot only from their assigned locations.
14. Filming, still photography, conducting interviews, etc. is permitted in and around the Event site only in designated areas, and is subject to prior approval from Triumphant Combat Sports and the Event site.
15. In exchange for the access granted by the credential, Triumphant Combat Sports shall have the right to purchase prints of any published photograph taken by the Bearer in connection with the credential, at the best financial terms offered to third parties, and Triumphant Combat Sports shall be licensed at no additional charge to use the photographs for news coverage purposes only. Triumphant Combat Sports may not distribute reproductions of the photographs to others or license others to reproduce the photographs.
16. Alcoholic beverages of any kind are prohibited in designated media working areas. These areas are identified as the hotel or arena media centers, the arena deadline rooms, media floor seating in the arena, ringside photography positions, athlete workout areas in the hotel and arena, athlete dressing rooms (when permission is granted to visit that area), media auxiliary seating in the arena and post-fight news conferences.
17. Public displays of partisanship (including, without limitation, cheering for or against any athlete) by Bearer are strictly prohibited. Bearer is expected to remain objective and report objectively about individual Muay Thai fights and overall Events. Bearer is prohibited from wearing clothing (including, without limitation, hats, caps, beanies, etc.) that contains or represents any commercial product including, without limitation, any clothing that represents specific athletes or teams. Any disputes with respect to clothing worn by Bearer shall be resolved in Triumphant Combat Sports’ sole discretion, including, without limitation, requiring Bearer to change clothes or revocation of the credential and ejection from the Event site.
18. Bearer and his or her employer or assigning news organization: (i) assume all risk incident to the performance of services by Bearer and assume all risk incident to Bearer’s attendance at the Event, in each case, howsoever caused, whether by negligence or otherwise; (ii) agree to indemnify and hold harmless Triumphant Combat Sports and their respective owners, affiliates, agents and employees from and against all liability, loss, damage or expense resulting from or arising out of (x) Bearer’s presence at the Event site, (y) Bearer’s acts or omissions and (z) the presence at the Event site of any cameras, wires, cabling or other equipment brought on the premises or used by Bearer; and (iii) grant permission to Triumphant Combat Sports’ affiliates and their respective designees to utilize without compensation Bearer’s image, likeness and/or voice in any photograph or live or recorded video or audio display or other transmission or reproduction of the Event or in any excerpt thereof.
19. The rights and privileges granted to Bearer shall automatically terminate if any term of this credential shall be breached.
20. In case of any dispute regarding the terms and conditions of this agreement, California law will apply (without regard to its choice-of-law principles).