CREDENTIAL USE CONDITIONS
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. PLEASE NOTE THAT THESE CREDENTIAL USE CONDITIONS INCLUDE A DISPUTE RESOLUTION SECTION.
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 (A) the following terms and conditions (the “Credential Use Conditions”), including conditions on reporting and transmitting updates, accounts and descriptions regarding the Event (as defined herein), and (B) all applicable codes of conduct and rules of Unified Events LLC (“Unified Events”), each team, athlete or performer participating in the Event and the applicable Stadium, including any rules governing access to the playing or stage 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 stadium or venue (“Stadium”) access to the Bearer in connection with the Unified Events operated event at the Stadium for which this Credential is issued (the “Event”), in accordance with the details set forth elsewhere on this Credential. 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 Stadium access conferred by this Credential) automatically and immediately revokes all permissions granted in this Credential and subjects Bearer to ejection from the Stadium, prosecution for criminal trespass, Bearer employer revocation of Credentials for future Events, and any other remedies available under law. Unified Events or 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 Stadium is conditioned upon compliance with the terms of this Credential and with any and all applicable policies of Unified Events and the Stadium including, without limitation, any security and conduct policies and any health and safety policies and assessments. This Credential must be surrendered upon demand by Unified Events. Unified Events reserves the right to deny admission or eject any person that Unified Events, 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 Unified Events with respect thereto.
This Credential is issued solely to provide Stadium 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, on any other website or in any other media now existing or invented in the future. This Credential must be worn by the Bearer in full view at all times when entering and within the Stadium.
Subject to all restrictions contained in this Credential, this Credential (if issued for a media function) authorizes the use, solely by the Bearer Parties and solely for news and editorial coverage of the Event, of the descriptions, accounts, photographs, films, audio or video recordings, or drawing of or related to the Event (including, without limitation, any interviews, press conferences or other Stadium activities relating to the Event) taken, made, created, or complied by the Bearer (collectively, “Bearer Materials”). For the avoidance of doubt, Bearer Materials may not be exploited by the Bearer Parties for any purpose other than news and editorial use. Any other use or attempted use by the Bearer or the other Bearer Parties of Bearer Materials, including any distribution of Bearer Materials to third parties other than ultimate news and editorial consumers (e.g., newspaper readers) at any time for any purpose, is expressly prohibited, unless the Bearer Parties have obtained the advance written permission of Unified Events for such other use.
As between the Bearer Parties and Unified Events, Unified Events is the exclusive owner of all copyrights, trademarks and other proprietary rights in its names, logos and designs, and in the Event and all materials (in any and all media) related thereto, including all rights to all Bearer Materials and any intellectual property or other proprietary items created or used in connection therewith. The Bearer Parties agree that any Bearer Materials taking the form of film, video, or digital video recordings (“Video Materials”) may only be used in connection with editorial content published or broadcast by the Bearer Parties following the Event, and further agree that the use of Video Materials from the Event in such newscasts shall not exceed three (3) minutes of length.
The Bearer Parties shall not transmit or display any video, audio, pictures, photographs or other non-text based accounts or descriptions of the Event in any media in real time while the Event or the live network presentation of the Event is in progress, except with the advance written permission of Unified Events.
The Bearer Parties assume all risk incident to, and hereby knowingly, voluntarily, and irrevocably and forever release Unified Events, the owners, lessees, sublessees and operators of the Stadium and the teams and performers participating in the Event, and each of their respective direct and indirect owners, operators and affiliates, and the respective officers, directors, employees, players, contractors and volunteers of each of the foregoing (collectively, “Released Parties”) from any and all liability, claims, suits, causes of action, and claims for damages, whether past, present, or future, and whether known or unknown, including, without limitation, claims arising out of or in connection with death, personal injury, illness, disability, or loss of or damage to property, related to or arising from attending the Event and the creation and/or use of Bearer Materials by any Bearer Party, in each case whether caused by any action, inaction, or negligence of any Released Party or otherwise. Nothing in the release set forth above shall be construed as a release of any claims the Bearer may have against his or her employer or any rights he or she may have to receive workers’ compensation. The Bearer Parties jointly and severally agree to indemnify, insure and hold harmless the Released Parties from and against all liability, loss, damage, illness or expense arising out of the issuance of this Credential, the Bearer’s presence in the Stadium, or any other activity of any Bearer Party in connection with the Event (including, without limitation, any claims that Bearer Materials infringe the intellectual property rights, publicity rights or other rights of any third party).
The Bearer understands and agrees that by using this Credential to enter the Stadium, it is granting Unified Events and the other Released Parties (and each of their respective affiliates, sponsors, licensees, advertisers, broadcasters, designees, partners, and agents) a 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 Event, in whole or in part, for any purpose, including, without limitation, the advertising or promotion of future events or other services provided by Unified Events or other Released Parties, without further authorization or compensation, and the Bearer waives all claims and potential claims relating to such use unless prohibited by law.
The Bearer Parties understand that (i) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) and/or other communicable diseases (collectively referred to herein as “Communicable Diseases”) can lead to severe illness and death, and there is an inherent risk of exposure to Communicable Diseases in any place where people are present; (ii) no precautions, including the protocols that will be implemented from time to time by Unified Events and any of their respective direct and indirect parents, affiliates, subsidiaries, members, administrators, designees, licensees, agents, owners, officers, directors, employees, sponsors, invitees, and contractors (and all employees of such contractors), and other personnel and/or third parties (including, without limitation, federal and state governmental agencies) (collectively, the “Facilities Protocols”), can eliminate the risk of exposure to Communicable Diseases; (iii) while people of all ages and health conditions can be and have been adversely affected by Communicable Diseases, according to public health authorities (A) people with certain underlying medical conditions are or may be especially vulnerable, and (B) the risk of severe illness from the contraction of a Communicable Disease may increase with age, and contracting a Communicable Disease can result in the further transmission of that disease to a spouse, family members, and other contacts; and (iv) exposure to Communicable Diseases can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition. The Bearer Parties on behalf of themselves and their respective successors, assigns, heirs, next of kin, or other persons acting or purporting to act on their behalf (“Related Persons”) fully understand and knowingly and voluntarily assume all risks related to obtaining a Credential and being granted access to, traveling to and from, entering, re-entering, or remaining, and providing services at, the Stadium, including, without limitation, the risk of bodily injury and/or risk of exposure to communicable diseases, viruses, bacteria, or illnesses (including, without limitation, COVID-19), and the causes thereof, e.g., sickness, personal injury, disability, other short-term or long-term health effects, and death), and lost, stolen, or damaged property, which might result not only from the Bearer’s own actions, inactions or negligence, but from the actions, inactions, or negligence of any of the Released Parties (as defined below). The Bearer Parties accept personal responsibility for any and all damages, liability, and other losses that they or any of their Related Persons may incur in connection with the foregoing risks.
In order to help mitigate the risk of transmission of a Communicable Disease, the Bearer agrees that he or she will not attend the Event if any one or more of the following is true on the day of such Event: (i) within the 14 days prior to the Event, Bearer has (or any person with whom the Bearer has had close contact has) tested positive for, or been exposed to someone who has tested positive for, a Communicable Disease; (ii) within the 48 hours prior to the Event, Bearer has (or any person with whom the Bearer has close contact has) experienced symptoms of a Communicable Disease (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue, or any other symptoms associated with a Communicable Disease identified by the Centers for Disease Control and Prevention); or (iii) within the 14 days prior to the Event, Bearer has (or any person with whom the Bearer has close contact has) traveled to any state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to any Communicable Disease.
THE TERMS OF THIS CREDENTIAL AND ANY DISPUTES ARISING HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAWS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE STATE AND FEDERAL COURTS OF HARRIS COUNTY, TEXAS SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY DISPUTES RELATING TO THE TERMS OF THIS CREDENTIAL, THE ACCEPTANCE AND USE OF THIS CREDENTIAL, THE EVENT, OR THE STADIUM, ARISING BETWEEN THE BEARER PARTIES AND ANY PERSON OR PARTY INCLUDED WITHIN THE DEFINITION OF “RELEASED PARTIES”. IF THE BEARER PARTIES DO NOT CONSENT TO THESE DISPUTE RESOLUTION PROVISIONS, BEARER MUST NOT ACCEPT AND/OR USE THIS CREDENTIAL.