WESTERN ATHLETIC CONFERENCE CHAMPIONSHIP CREDENTIAL CONDITIONS AND POLICIES
Each individual (“Bearer”) using this credential for access to any Western Athletic Conference tournament game or related championship events including, without limitation, a practice, press conference, interview, or other activity associated with such Western Athletic Conference championship (the “Events”), on behalf of their employer or assigning news organization (“Employer”), agrees to the following:
GENERAL TERMS
Each Bearer must be and hereby represents that they are 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 with or without cause.
The unauthorized use of a credential subjects the Bearer and their Employer to ejection from the facility and 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 their 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 Western Athletic Conference and its designated agents. Bearer shall not, at any time, display, post, or otherwise reproduce the credential image on any digital platform, including online social media sites or applications (e.g., Facebook, X, Instagram, Snapchat). Additionally, Bearer may not broadcast, telecast, film, record, transmit, display, or otherwise distribute, or allow any other party to distribute, footage or content of the Events on a live basis, including via any realtime online streaming application.
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 the Western Athletic Conference, its member institutions, and their respective employees, directors, officers, student-athletes, coaches, and contractors shall not be liable for injuries or loss of personal property or equipment connection therewith.
Bearer further agrees to release the Western Athletic Conference 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.
If 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 the Western Athletic Conference the nonexclusive, 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 Western Athletic Conference and save harmless the Western Athletic Conference, its officers, agents, contractors, employees, and each of its member institutions, 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, the Western Athletic Conference shall: (a) have the right to fully participate in the litigation of such claim with counsel selected by Bearer and approved by the Western Athletic Conference 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 the Western Athletic Conference or its designee or (b) as specifically licensed herein. Nothing in these terms and conditions authorizes or allows Bearer to violate any of the Western Athletic Conference trademarks, copyright and other proprietary rights.
Real-time transmission of streaming video, digital images, real-time audio, including play-by-play and statistics, of any Event is exclusive to the Western Athletic Conference’s website and/or any other website designated by the Western Athletic Conference and its rightsholders. “Real-time” is defined as a continuous play-by-play account or live, extended live/real-time statistics, or detailed description of an Event.
A Bearer may blog during any Event, provided that such blog may not produce in any form a “realtime” description of the Event (i.e., any simulation or display of any kind that replicates or constitutes play-by- play of a material portion of an Event, other than periodic updates of scores, statistics or other brief descriptions of the Event). If the Western Athletic Conference deems that Bearer is producing a real-time description of the contest, the Western Athletic Conference reserves all actions against Bearer, including but not limited to the revocation of the credential.
The Western Athletic Conference 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 their Employer. Member institution name, logo, mascot, and other intellectual property of a school, is controlled by each member institution. The member institution name and team name may be used for news purposes directly related to their participation in the Event.
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 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 the Western Athletic Conference or that the Western Athletic Conference 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 third-party entities, including but not limited to other commercial entities or the general public.
Any secondary use of any picture, audio description, videotape/film or drawing of the game 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 the Western Athletic Conference or its designee.
VIDEOGRAPHY
The Western Athletic Conference protects the broadcast rights sold to conference media partners, while providing its member institutions the ability to capture and utilize championship footage.
Institutional videographers will be permitted to capture competition footage from the still photographer areas. Each institution will be permitted to capture footage of events/contests in which it is participating. In addition, institutional videographers will be permitted inside the locker room, with approval of the institution's head coach, during periods that are off limits to general media. The team videographer(s) for the winning team will be allowed on the competition area to film the postgame celebration and awards ceremony, if applicable.
The Western Athletic Conference will grant the institution permission to videotape this Western Athletic Conference championship event for noncommercial uses only. Bearer agrees to the terms and conditions of the Western Athletic Conference Team Videographer Policy.