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ATHLETES UNLIMITED CREDENTIAL USE CONDITIONS
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BY CHECKING THIS BOX YOU CERTIFY THAT YOU HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS DOCUMENT. I FULLY UNDERSTAND ITS CONTENT AND AGREE TO BE BOUND BY ITS TERMS.
PLEASE READ THESE CREDENTIAL USE CONDITIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY AND YOUR INDEMNITY TO US.
Acceptance and use of this credential (this “Credential”) constitutes (i) agreement by the individual holding this Credential (the “Bearer”), on behalf of Bearer and Bearer’s employer or the entity with which Bearer is obtaining this Credential (collectively, the “Bearer Parties”), to abide by the (A) following terms and conditions (the “Credential Use Conditions”), (B) conditions on reporting and transmitting updates regarding the Games (as defined herein), and (C) Athletes Unlimited LLC and any of its affiliates (collectively, “AU”), and/or applicable Venue (as defined herein) code of conduct and rules, including any rules governing access to the playing area and (ii) the Bearer’s acknowledgement that it has read these Credential Use Conditions.
This Credential is issued for the sole purpose of providing venue (“Venue”) access to the Bearer in connection with an AU operated game(s) at the Venue (the “Game(s)”), as well as other activities and events including but not limited practices, scrimmages, post-game interviews, press conferences, community and fan engagement activities, and other media opportunities related to and/or organized by AU (collectively with Games, “Event(s)”). Compliance with these terms is a condition of all uses permitted by this Credential. Any unauthorized use or violation of any term of this Credential (including, without limitation, requesting autographs, taking non-work related photographs, or making any other personal use of this Credential or the Venue access conferred by this Credential) automatically and immediately revokes all permissions granted in this Credential and subjects Bearer to ejection from the Venue, prosecution for criminal trespass, Bearer employer revocation of Credentials for future Events, and any other remedies available under law.
AU and any of its designees, in their sole discretion, may at any time revoke this Credential and/or any of the rights granted hereunder for any reason. The Bearer’s right to enter (or re-enter) and remain at the Venue is conditioned upon compliance with the terms of this Credential and with any and all applicable policies of AU, including, without limitation, any security and conduct policies, and any health and safety policies and assessments. This Credential must be surrendered upon demand by AU and AU may revoke this Credential at any time in its sole discretion and reserves the right to deny admission or eject any person who AU, in its sole discretion, determines poses a risk to the health and safety of other attendees and the Bearer waives any claims that Bearer might have against AU with respect thereto.
This Credential is issued solely to provide Venue access to an individual with a legitimate working function at the Event solely to perform such function, and Bearer hereby represents, warrants, and covenants that Bearer is attending the Event solely for such purpose. The Bearer must be on a specific assignment as an employee or agent for the organization to which this Credential is issued. If the Bearer ceases to be an employee or agent for such organization, this Credential is hereby automatically revoked. It is forbidden to lend, sell, or otherwise transfer this Credential, including to post or otherwise distribute any photograph or other depiction of this Credential on any mobile or social networking/media platform, any other website or in any other media now existing or invented in the future.
The Bearer’s right to film, tape, photograph or create other recordings, broadcasts, descriptions, accounts or other publications or reports pursuant to this Credential (“Recordings”) is limited to creation, reproduction, transmission, and distribution by accredited news and information organizations of portions of the Game solely for news coverage in the ordinary course of their business (“Media Uses”), including the use of a limited amount of newsworthy video highlights (“Highlights”). Accredited organizations may not use more than a total of three (3) minutes of Highlights per Game and no more than seven (7) minutes of Highlights from post-Game interviews or other post-Game press opportunities. Bearer and/or the organization for which Bearer is employed shall appropriately credit and tag AU in any and all Media Uses of Games, and/or Highlights, and/or other Events.
Any other Media Uses of Games or other Events, including without limitation, Highlights in excess of three minutes per Game, books, motion pictures, posters, interactive products, advertising, marketing, promotional contests, sweepstakes, or other trade or merchandising uses, or in any form of media whether now or hereafter known, requires the prior specific written agreement of AU. The rights to any Media Use or any other use of Recordings, Events, including, without limitation, all copyright, trademark, and other property or ownership rights in Events, and any intellectual property or other proprietary items created or used in connection therewith, are reserved to and shall remain the sole property of AU.
Bearer understands the risk factors related to communicable diseases, including without limitation, COVID-19, and acknowledges and agrees the possibility of severe illness (including, but not limited to, hospitalization, disability, or death) that may be inherent in entering the Venue. Bearer expressly and voluntarily assumes all health risks, including death, if infected with SARS-CoV-2 while participating using the Credential. Bearer hereby knowingly and voluntarily releases and waives (to the fullest extent permitted by law) any claim they may have against AU and any of its respective affiliates, directors, officers, agents, employees, volunteers, partners and sponsors of any claim arising out of any health issue related to any communicable disease, including COVID-19, occurring as a result of use of the Credential. Bearer hereby agrees to follow all safety guidelines as determined by AU in its sole discretion.
Additionally, Bearer hereby expressly agrees and assumes all the risks of entering the Venue or covering the Event, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
Bearer hereby voluntarily releases, forever discharges, and agrees to indemnify and hold harmless AU, any of its respective affiliates, directors, officers, agents, employees, volunteers, partners and sponsors from any and all claims, demands, or causes of action, which are in any way connected with the credentialled access of the Venue, use of the Credential, coverage of the Event or use of AU's equipment or facilities, including any such claims which allege negligent acts or omissions of AU. Should AU or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, Bearer agrees to indemnify and hold them harmless for all such fees and costs.
The Bearer understands and agrees that by using this Credential to enter the Venue they are granting AU (and each of their respective affiliates, sponsors, licensees, advertisers, broadcasters, designees, partners, and agents) an exclusive worldwide, irrevocable, perpetual, sublicensable, royalty-free license to use, publish, distribute, edit, modify and/or alter the Bearer’s image, likeness, voice, actions and statements in any medium including, without limitation, any audio, video, film, photographs, social media, exhibition, transmission, publication or reproduction of the Game, in whole or in part, for any purpose, including, without limitation, the advertising or promotion of future AU games or other services provided by AU, without further authorization or compensation, and the Bearer waives all claims and potential claims relating to such use unless prohibited by law.
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