Governor’s Baseball Dinner – Media Credentialing Request


Media Credential Request Deadline: Monday, February 11, 2019

Each Bearer must be and hereby represents that he or she is acting on a specific assignment for an accredited media agency and has a legitimate working function in conjunction with the Event attended. The credential is not transferable and may be revoked at any time for any reason.

The rights and privileges granted to Bearer shall automatically terminate if any term of this credential shall be breached. The unauthorized use of this credential subjects the Bearer and his or her Employer to ejection from the facility and possible prosecution for criminal trespass, without limiting any other rights and remedies at law or in equity.

Bearer shall display the issued credentials at all times and consents to the reasonable inspection of his or her person and property before entering the venue and/or during an Event. While within the venue, Bearer shall, at all times, adhere to the policies in place for the Event, as well as access limitations, and direction provided by the Florida Sports Foundation (FSF hereafter) and its designated agents.

Bearer assumes all risks incidental to the performance by the Bearer of Bearer’s services in connection with the Events and assumes all risks incidental to the Events, whether occurring before, during or after the actual playing of the Events, and agrees that FSF, its industry partners, and their respective employees, directors, officers, athletes, coaches, and contractors shall not be liable for injuries or loss of personal property or equipment connection therewith.

Bearer further agrees to release FSF and all persons and educational institutions involved in the management or production of the competition from any claim or liability arising from failure to provide space for telecasting/broadcasting, or other facilities for the television/radio station, Internet media, network, cable system, or other media entity.

In the event that the name or likeness of the Bearer is included in any broadcast, telecast, photograph, film, video or other media taken in connection with the Events, the Bearer grants FSF the non-exclusive, transferable, perpetual right and license to use (and to sub-license the use of) such name and likeness in any media worldwide whether now known or thereafter devised.

Bearer agrees to indemnify the FSF and save harmless FSF, its officers, agents, contractors, employees, and each of its industry partners, their officers, agents and employees, of and from any and all claims, demands, causes of actions, liabilities, damages and expenses (including reasonable attorneys’ fees) arising out of anything done or purported to have been done by Bearer or his/her Employer, including but not limited to Bearer’s breach of any term of the credential. With respect to any claim that might give rise to liability of the Bearer as an indemnitor, FSF shall: (a) have the right to fully participate in the litigation of such claim with counsel selected by Bearer and approved by FSF at the sole expense of the Bearer; and (b) not be obligated, without its consent, to participate in any settlement of such claim.

Media
The use of any account, description, picture, photograph, video, audio, reproduction, or other information concerning the Events other than for rights for news coverage of, or magazines, books or stories about, the Events is prohibited, except (a) with the prior written consent of FSF or its designee or (b) as specifically licensed herein. Nothing in these terms and conditions authorizes or allows Bearer to violate any of FSF trademarks, copyright, and other proprietary rights.

If video and/or audio of the Event is distributed by an FSF rightsholder, Bearer may only utilize the network feed provided by FSF or its designee and Bearer may not alter the feed in any manner without prior approval of FSF (e.g., removing network graphics or bugs/logos). If the Event is not distributed by an FSF rightsholder, Bearer may produce its own video and/or audio highlights from the Event pursuant to such conditions and in such area as designated by FSF. Bearer agrees to the terms and conditions of FSF Footage and Audio Usage Policies.

If the Event is not distributed by an FSF rightsholder, Bearer may produce its own video and/or audio highlights from the Event. The FSF will designate the location for video and/or audio capture.

Bearer agrees to the terms and conditions of the FSF Footage and Audio Usage Policies for the credentialed event.

Real-time transmission of streaming video, digital images, real-time audio, including play-by-play and statistics, of any game of the championship is exclusive to the FSF’s Web site and/or any other Web site designated by the FSF and its rightsholders. “Real-time” is defined by FSF as a continuous play-by-play account or live, extended live/real-time statistics, or detailed description of an Event.

The FSF is the owner of trademarks, copyrights, and other proprietary rights in the Event and in and any telecast, broadcast, transmission or recording thereof, and no rights are conferred to, or intended to be conferred to, or created on behalf of, Bearer or his or her Employer.

The credential confers on Bearer a limited, non-exclusive and non-transferable license to take photographs of the Events, and to allow the entity that engaged the Bearer (“Bearer’s Entity”), an entity with an ownership affiliation with Bearer’s Entity, or an entity that participates in a photo consortium with Bearer’s Entity to take the photographs to use such photographs, only for news coverage of, or magazines, or stories about, the Events, other editorial purposes, and reprints of news pages from such entity’s publications, provided that such use is not likely to create, or does not actually create confusion in the minds of the trade or public that Bearer or its reprints or any elements therein, or the items on which they are reprinted, are sponsored or endorsed by, or are associated or affiliated with FSF or that FSF licensed Bearer to use their trademarks or copyrights. Neither the Bearer nor the entity that engaged the Bearer may sell photos taken at the Events to a third-party entity or the general public, other than those entities stated above.

In exchange for the access granted by the credential, FSF shall have the right to purchase prints of any published photographs taken by the Bearer in connection with the credential, at the discounted rate offered to non-profit and educational organizations, and such FSF shall be licensed at no additional charge to use the photographs for news coverage purposes only. Upon request, FSF shall provide a photo/story credit. The FSF may not distribute reproductions of the photographs to others or license others to reproduce the photographs.

Any subsequent use of any picture, audio description, videotape/film or drawing of the Event taken or made by the accredited organization or individual to whom this credential has been issued (including, but not limited to, non-editorial, advertising, sales promotion or merchandising) is prohibited without prior specific written approval of FSF or its designee unless said subsequent use is by Bearer’s Entity, an entity with an ownership affiliation with Bearer’s Entity, or an entity that participates in a photo consortium with Bearer’s Entity.

The primary purpose of these terms and conditions is to protect the FSF’s intellectual property, maintain a high degree of quality for photographs taken of its events, and protect athletes, coaches, and members of the FSF organization and its industry partners from unauthorized exploitation of their images.

You may direct questions or concerns regarding this matter to Jason Hendrix, FSF’s Director of Communications, at jhendrix@playinflorida.com or by phone at 850-443-3508.