CREDENTIAL USE CONDITIONS
A credential is issued for the sole purpose of providing arena/venue access to an individual (“Bearer”) who is working on an assignment for a legitimate news organization or an authorized provider or vendor of game-related services (as employee or agent) in connection with the National Basketball Association (“NBA”), Women’s National Basketball Association (“WNBA”), NBA G League (“NBA G League”) or NBA 2K League (“NBA 2K League” and together with the NBA, WNBA and NBA G League, “Leagues”) pre-season, regular season and/or playoff home game(s) of the League team specified on the front of the credential (each, a “Game” and collectively, the “Games”), and the events, activities, and interviews relating to such Game(s) and/or other events otherwise conducted by such team or one or more of the Leagues (each, an “Event” and collectively, the “Events”), and Bearer hereby represents that he or she is attending the Game(s)/Event(s) solely for such purpose. This credential is non-transferable, and any unauthorized use of this credential or violation of its terms may subject Bearer and/or the assigning news organization, provider or vendor to ejection from the arena/venue, revocation of the credential, denial of access to team and/or League arenas/venues in the future, prosecution for civil or criminal trespass, and any other remedies available under law.
The credential and Bearer’s access to an arena/venue are subject to all safety and health requirements and policies, including requirements relating to face masks and/or enhanced health screenings (which may include a requirement that the Bearer be tested and/or vaccinated for novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, collectively, “COVID-19”)), put in place by the applicable League and the applicable team and arena/venue (all such safety and health requirements and policies, as they may be updated from time to time in the sole discretion of the team, the applicable League and/or the arena/venue, “Safety Requirements”). Bearer acknowledges and agrees to comply with such Safety Requirements (including all requirements that must be satisfied prior to a Game/Event), and attendance at a Game/Event is conditioned on such compliance.
In addition, Bearer shall not attend a Game/Event if, within the prior 14 days, Bearer has tested positive for COVID-19, or, unless fully-vaccinated for COVID-19 (as defined by the Centers for Disease Control and Prevention (“CDC”)):
- Within the prior 14 days, Bearer was exposed to someone who has tested positive for COVID-19;
- Within the prior 14 days, Bearer has travelled to a state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19; or
- Within the prior 48 hours, Bearer has experienced symptoms of COVID-19 (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, new loss of taste or smell, nasal congestion, runny nose, vomiting, nausea, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the CDC (“COVID-19 Symptoms”)).
Anyone who is fully vaccinated but experiences any of the COVID-19 Symptoms identified above within the 48 hours prior to a Game/Event should nevertheless consult a healthcare provider and receive a negative test result for COVID-19 before attending.
Unless expressly authorized in writing by the applicable League, the use, distribution, exhibition, reproduction, adaptation, display, performance or publication in any form of any photograph, drawing, account (whether text, data or visual) or description of any Game/Event or any excerpt of any Game/Event, taken or made by Bearer or his or her assigning news organization, shall be limited to news coverage of that Game/Event by the assigning news organization to which the credential is issued.
Neither Bearer nor his or her assigning news organization, provider or vendor shall be permitted to record, transmit, use, license or distribute (including, by way of example only, to any owner or operator of a casino, sportsbook, and/or fantasy sports organization for any purpose) any film, video or audio of any Game/Event (or any excerpts thereof), including but not limited to on a live streaming basis or in a high-speed sequential manner (e.g., animated .GIFs) so as to approximate video; provided, however, that if an assigning news organization has been authorized by the applicable League to record, transmit or use film, video or audio excerpts of a Game/Event pursuant to such League’s Video and Audio Highlights License (the “Highlights License”) or by separate written authorization from the League, it may do so in accordance with the terms of the Highlights License or such separate written authorization.
All ownership, copyright and property rights in each Game/Event (including, without limitation, the statistics thereof) and in any telecast, broadcast, transmission or recording thereof shall remain the sole property of the respective League, and no such rights are conferred to or intended to be conferred to, or created on behalf of, Bearer or any other person or entity by the issuance of this credential.
BEARER EXPRESSLY ACKNOWLEDGES AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE GATHER AND THAT NO PRECAUTIONS (INCLUDING THE SAFETY REQUIREMENTS DESCRIBED HEREIN) CAN ELIMINATE THE RISK OF EXPOSURE TO COVID-19. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. WHILE PEOPLE OF ALL AGES AND HEALTH CONDITIONS HAVE BEEN ADVERSELY AFFECTED BY COVID-19, CERTAIN CATEGORIES OF PEOPLE HAVE BEEN IDENTIFIED BY PUBLIC HEALTH AUTHORITIES AS HAVING GREATER RISK BASED ON AGE AND/OR UNDERLYING MEDICAL CONDITIONS.
BEARER AND HIS OR HER EMPLOYER OR ASSIGNING NEWS ORGANIZATION, PROVIDER OR VENDOR: (I) ASSUME ALL RISK INCIDENT TO THE PERFORMANCE OF SERVICES BY BEARER AND ASSUME ALL RISK INCIDENT TO BEARER’S ATTENDANCE AT GAMES/EVENTS (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY (INCLUDING DEATH), SICKNESS (INCLUDING ILLNESS AND OTHER RISKS OF EXPOSURE TO COVID-19, OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING A COMMUNICABLE DISEASE OR ILLNESS), LOST, STOLEN, DAMAGED OR CONFISCATED PROPERTY, AND ALL OTHER HAZARDS ARISING FROM, OR RELATED IN ANY WAY TO, THE GAMES/EVENTS (INCLUDING COMPLYING WITH THE SAFETY REQUIREMENTS), WHETHER OCCURRING PRIOR TO, DURING OR AFTER A GAME/EVENT), IN EACH CASE, HOWSOEVER CAUSED, WHETHER BY NEGLIGENCE OR OTHERWISE; (II) AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS EACH OF THE LEAGUES, THEIR RESPECTIVE TEAMS, ARENAS/VENUES, AND THEIR RESPECTIVE AFFILIATES, DIRECT AND INDIRECT OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, AGENTS, CONTRACTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED ENTITIES”) FROM AND AGAINST ALL CLAIMS, LIABILITY, LOSS, DAMAGE OR EXPENSE RESULTING FROM OR ARISING OUT OF (X) BEARER’S PRESENCE AT THE ARENA/VENUE (WHICH MAY INCLUDE, WITHOUT LIMITATION, BEARER’S EXPOSURE TO COVID-19), (Y) BEARER’S ACTS OR OMISSIONS OR (Z) THE PRESENCE AT AN ARENA/VENUE OF ANY CAMERAS, WIRES, CABLING OR OTHER EQUIPMENT BROUGHT ON THE PREMISES OR USED BY BEARER; AND (III) GRANT PERMISSION TO EACH OF THE LEAGUES, THEIR RESPECTIVE 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 ANY GAME/EVENT OR IN ANY EXCERPT THEREOF.
The Bearer and the Bearer’s belongings may be searched upon entry into an arena/venue and/or other security checkpoints, prohibited items (which may include, without limitation, bags) may be confiscated at the sole discretion of the Leagues, the applicable team and/or arena/venue, and the Bearer hereby consents to the foregoing and waives any related claims that might arise against any of the Released Entities. If Bearer elects not to consent, Bearer will be denied access to the arena/venue.
THE BEARER AND HIS OR HER EMPLOYER OR ASSIGNING NEWS ORGANIZATION, PROVIDER, OR VENDOR AGREE THAT ANY DISPUTE, CLAIM, OR CAUSE OF ACTION IN ANY WAY RELATED OR INCIDENTAL TO THE CREDENTIAL, THE CREDENTIAL USE CONDITIONS, OR THE BEARER’S PRESENCE AT, TRAVEL TO, OR PROVISION OF SERVICES AT, A GAME/EVENT, AND ANY ACTIVITY ASSOCIATED THEREWITH, SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN THE CITY WHERE THE ARENA/VENUE AT WHICH THE APPLICABLE GAME/EVENT TOOK PLACE IS LOCATED. THE ARBITRATION SHALL BE HELD BEFORE A NEUTRAL, SINGLE ARBITRATOR CONDUCTED BY THE JUDICIAL ARBITRATION MEDIATION SERVICES, INC. (“JAMS”) IN ACCORDANCE WITH THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES EFFECTIVE JUNE 1, 2021, SUBJECT TO THE U.S. FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW (WHICH IS APPLICABLE BECAUSE THE LEAGUES AND THEIR RESPECTIVE TEAMS ARE ENGAGED IN TRANSACTIONS INVOLVING INTERSTATE COMMERCE WITH RESPECT TO GAMES/EVENTS). THE COSTS OF SUCH ARBITRATION SHALL BE SPLIT EVENLY AMONG THE PARTIES EXCEPT UPON AN ARBITRATOR’S FINDING THAT SUCH SPLIT RENDERS THE ARBITRATION COST-PROHIBITIVE TO THE BEARER. ANY AND ALL ISSUES RELATING OR PERTAINING TO ARBITRATION OR THIS ARBITRATION CLAUSE, INCLUDING BUT NOT LIMITED TO THE THRESHOLD QUESTION OF ARBITRABILITY OR THE ENFORCEABILITY OR VALIDITY OF THIS ARBITRATION CLAUSE SHALL BE DELEGATED EXCLUSIVELY TO THE ARBITRATOR SELECTED PURSUANT TO THIS PROVISION. JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE BEARER AND HIS OR HER EMPLOYER OR ASSIGNING NEWS ORGANIZATION, PROVIDER, OR VENDOR FURTHER AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF THE BEARER OR HIS OR HER EMPLOYER OR ASSIGNING NEWS ORGANIZATION, PROVIDER, OR VENDOR DO NOT CONSENT TO THIS CLAUSE, THE BEARER MUST LEAVE OR NOT ENTER THE ARENA/VENUE BECAUSE AGREEMENT TO MANDATORY ARBITRATION IS A CONDITION OF USE OF THE CREDENTIAL TO WHICH THE BEARER IS NOT OTHERWISE ENTITLED.
The Leagues or their designees may at any time revoke a credential and/or any of the rights granted hereunder for any reason in its sole discretion. In case of any dispute regarding the terms and conditions of this agreement, New York law will apply (without regard to its choice-of-law principles).
Acceptance of a credential constitutes agreement by Bearer and his or her employer or assigning news organization, provider or vendor to abide by the (i) foregoing conditions, (ii) conditions on reporting and transmitting updates regarding games in progress that are displayed in the arena/venue, (iii) the respective League Policy for Online Use by Media and the Virtual Media Availability Terms and Conditions, each of which can be found at mediacentral.nba.com, and (iv) all health and safety protocols of the Leagues and the applicable team and arena/venue (including the Safety Requirements).
For clarity, and notwithstanding anything to the contrary herein or in any other League rules, the credential does not grant any right to a Bearer working for an authorized provider or vendor of game-related services to provide news coverage of any Game/Event (i.e., as opposed to a Bearer working on an assignment for a legitimate news organization).
No autographs are allowed during media access periods. Copying, duplicating or otherwise reproducing or distributing a credential or its image in any manner, in whole or in part, is strictly prohibited.
--NATIONAL BASKETBALL ASSOCIATION
--WOMEN’S NATIONAL BASKETBALL ASSOCIATION
--NBA G LEAGUE
--NBA 2K LEAGUE