Backwoods and Bonfires Press/Media Credential Terms and Conditions (1.31.2020)
Effective February 1, 2020
These press/media credential terms and conditions shall apply to all Backwoods and Bonfires-branded festival events organized throughout the world (each an “Event”).
All Event press/media credential wristbands and vehicle passes (collectively, “Wristbands”) are subject to the following terms of use (hereinafter the “Terms”). By accepting possession or by using any Wristbands, the individual submitting this form as the photographer or videographer (“Photographer”) are legally bound to comply with these Terms. The Event producer reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Please check back periodically for changes.
All press/media credential Wristbands are for use only by the original authorized Photographer who submitted the form, and are not transferable by the Photographer and are not transferable by the Photographer or any other person.
Except as provided herein, Wristbands may not be sold, transferred, or used for any form of commercial or trade purposes, including but not limited to promotions, contests, commercial or advertising purposes, housing, hotels, vacation rentals, sweepstakes, charitable giveaways, or other activities absent the Event producer’s prior written consent. No sponsorship, on site marketing, sampling, vending, coupon/product distribution, or other promotional activity may be conducted at the Event (inclusive of parking lots), absent the Event producer’s prior written approval in each instance. Any Wristbands used in violation of this provision shall be deemed revoked and void, and their bearers deemed trespassers at the Event.
Resale or attempted resale of Wristbands is grounds for termination of the license and cancellation of the Wristband.
The Event producer hereby grants Photographer the right to enter upon and be in and around the premises of Event in which the Photographer is submitting a press/media credential, for the sole purpose of filming video and/or photography content (the "Content") of the aforementioned Event to be used for non-commercial purposes, namely, to promote and provide news coverage on the Event, which access shall at all times be subject to the Terms and the Event producer’s rules and regulations, which may be amended or changed by the Event producer at any time.
The Event producer reserves the right to revoke Photographer’s access to the Event and the Wristbands, at the Event producer’s sole discretion, if Photographer: (a) endangers the safety of themselves or others or (b) affects the Event producer’s production. No drones are allowed on-site and are to ever be used at a Backwoods and Bonfires-branded event. Furthermore, stage managers may limit Photographer’s access temporarily for safety reasons. Photographer shall, at all times, respect the festival attendees’ experience at the Event and shall not interfere with their enjoyment of the Event in any way.
Photographer shall have the right to use the Content solely for reporting news stories about the Event. Under no circumstances may the Content be used for commercial purposes without the Event producer’s prior written consent. Photographer shall be solely responsible for obtaining all required rights, clearances, consents, authorizations and licenses which are or may be necessary in connection with the Content and for making all payments in connection therewith, as well as for complying with all union requirements, if any, in connection with the Content.
Except with regard to any uses that report on the Event, Photographer shall not use any Event producer names, marks, symbols, copyrights, logos, designs, representations, figures, drawings, recordings, ideas, or other proprietary designations or properties owned, developed or created by the Event producer or its affiliated companies in or in connection with the Content without the express written consent of the Event producer. The Event producer reserves all rights to its copyrights, trademarks and other intellectual properties. Backwoods and Bonfires reserves all rights to use any media from the event for branding purposes.
Photographer will indemnify, defend and hold harmless Backwoods and Bonfires, CrowdFreak and each of their respective affiliated entities and joint venture partners, as well as each of their respective officers, directors, partners, members, shareholders, employees, agents, representatives, successors from and against any and all claims or loss arising out of any violation of any law, rule, regulation or order, and from any and all claims or liabilities, including reasonable attorneys fees, for loss, damage or injury to persons or property of whatever kind or nature arising from the Content and the acts or omissions of Photographer, its parents, partners, affiliates, subsidiaries, successors or assigns and each of their respective agents, employees, representatives and contractors. PHOTOGRAPHER ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF OR ACTUAL BODILY INJURY, DEATH OR VENUE DAMAGE ARISING OUT OF OR RELATED TO ENTRY BY PHOTOGRAPHER INTO THE EVENT.
Photographer agrees to take all reasonable precautions to prevent damage, destruction or other loss to the venue. In the event of such damage, destruction or loss caused, directly or indirectly, by Photographer, Photographer agrees to restore the venue to its pre-loss condition. Photographer assumes full responsibility for all negligence, willful misconduct and substantiated damage caused or incurred by Photographer. Photographer understands and acknowledges that the Event producer will not be liable for loss or damage sustained by Photographer.
The Terms does not appoint either party as an employee or the agent of the other party, or create a partnership of joint venture between the parties. The Terms contains the entire understanding of the parties relating to the subject matter hereof, and supersedes all previous agreements or arrangements between the parties relating to the subject matter hereof. No change, amendment or modification of any provision of the Terms shall be valid unless set forth in a written instrument signed by the party subject to enforcement of such amendment. Neither party shall have the right to assign any right under the Terms without valid prior written consent. If any provision of the Terms is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties.