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MAJOR LEAGUE BASEBALL CREDENTIAL TERMS & CONDITIONS

THESE TERMS AND CONDITIONS ARE APPLICABLE TO (A) BEARERS OF CREDENTIALS MARKED MEDIA, TECH, PHOTO, PHOTOGRAPHER, EVENT BROADCAST, MLB NETWORK OR RIGHTSHOLDER (COLLECTIVELY, "MEDIA BEARERS"), (B) BEARERS OF CREDENTIALS MARKED OFFICIAL, STAFF, SCOUT, MLB SCOUT, AUTHENTICATOR, C.D.T COLLECTOR, LIMITED ACCESS, GUEST, DESIGNATED GUEST, MLB UMPIRE GUEST OR SECURITY (COLLECTIVELY, "NON-MEDIA BEARERS") OR (C) BEARERS OF ACCESS BADGES TO AN EVENT (AS DEFINED BELOW) ("ACCESS BADGE BEARERS") ((A), (B) and (C) ARE EACH A "BEARER" AND, COLLECTIVELY, THE "BEARERS").

IMPORTANT: BEARER'S CREDENTIAL OR ACCESS BADGE (COLLECTIVELY, "CREDENTIAL") IS A REVOCABLE LICENSE AND MAY BE REVOKED AT ANY TIME WITHOUT CAUSE.

Each Bearer signing for or using a Credential, including his/her/its employers and employees, for games, workouts, activities, attractions and events associated with Major League Baseball (each an "Event" and, collectively, the "Events") agrees, on his/her own behalf and on behalf of any minor accompanying Bearer to the Events ("Minor(s)"), to the following terms and conditions (the "Agreement"), except to the extent certain terms and conditions are explicitly limited to one or more types of Bearers (the "Limited Terms"), in which case only those specific types of Bearers agree to the applicable Limited Terms. The Office of the Commissioner of Baseball ("BOC") may change the terms of the Agreement at any time, without notice, and Bearer's use of the Credential after such change is posted will mean that Bearer accepts such change(s).

  1. Bearer assumes all risks incidental to Bearer's and Minor(s)' participation in, attendance at, observation of, and/or performance of services in connection with, the Events, and Bearer recognizes that attendance of Bearer and Minor(s) at the Events is voluntary and may result in personal injury (including death) and/or property damage. By using the Credential, or by participating in, attending, observing or performing services in connection with, the Events, Bearer, on behalf of himself/herself and Minor(s), acknowledges and assumes all risks and dangers associated with (a) being a spectator before, during, and after a baseball game (including all warm-ups, practices, pre-game, post-game and between-inning activities, promotions and competitions) and (b) attending, observing, participating in, or performing services in connection with, the Events, in each case, whether any such risk or danger occurs prior to, during or subsequent thereto, including specifically (but not exclusively) the danger of being injured by thrown bats; bat fragments; thrown or batted balls; thrown, dropped, or launched items; projectiles; persons; animals; other hazards or distractions; and any incidents or accidents associated with crowds of people or the negligence or misconduct of other spectators or participants.
  2. Bearer agrees that (a) the MLB Entities (as defined below), (b) the MLB Entities' respective past, present and future licensees, sponsors, vendors and all of their successors and assigns, (c) all other Major League Baseball related entities, (d) the owners and operators of any venue at which Events are held (each an "Event Venue" and, collectively, the "Event Venues"), (e) the host city of the Event(s) and its various agencies, departments and subdivisions, (f) any local or state governmental body associated with the Event Venues, (g) the ticket manufacturer and/or provider, and (h) all past, present and future affiliates, successors, assigns, players, managers, coaches, employees, partners, members, directors, officers, owners, agents, representatives and independent contractors of such entities (subsections (a) through (h), collectively, the "Released Parties"), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of Bearer's and/or Minor(s)' participation in, attendance at, observation of, and/or performance of services in connection with, the Events and/or the negligence of any of the Released Parties. Bearer further releases the Released Parties from and against any and all claims which Bearer or any Minor(s) has or may have for invasion of privacy, defamation, violation of any right of publicity, right of privacy or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast or exhibition of advertisements, promotions, content, programs and/or materials in which recordings or photographs of Bearer or Minor(s) from the Events appear. BY USING THE CREDENTIAL, BEARER, ON HIS/HER OWN BEHALF AND ON BEHALF OF MINOR(S), IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
  3. Bearer agrees that: (a) the BOC, Major League Baseball Properties, Inc. ("MLBP") or the Club (as defined below) issuing this Credential (the "Issuing Club"), as applicable, is the exclusive owner of all copyrights and other proprietary rights in the Events and the Event Information (as defined below); and (b) the BOC, MLBP, MLB Advanced Media, L.P., The MLB Network, LLC, each of the Major League Baseball clubs (each a "Club" and, collectively, the "Clubs") and each of their respective past, present and future subsidiaries, affiliates, agents, officers, employees and owners (each, an "MLB Entity" and, collectively, the "MLB Entities") and certain current and future sponsors and licensees of such MLB Entities, will have the unrestricted right and license to use Bearer's image, likeness, name, voice, comments or other proprietary or public rights and/or those of Minor(s) in any live or recorded broadcast, telecast, photograph, video, audio, audiovisual and/or other recording taken in connection with the Events or other transmission, distribution, public performance, or reproduction in whole or in part of the Events, for all purposes, worldwide, in perpetuity, and in any and all media now or hereafter known, without compensation. The rights granted herein to the MLB Entities are assignable.
  4. The MLB Entities are the exclusive owners of all trademarks, copyrights, and other proprietary rights in their respective names, logos, and uniform designs. Nothing in these terms and conditions authorizes or allows Bearer or Minor(s) to violate the MLB Entities' trademark, copyright or other proprietary rights.
  5. Bearer (a) consents to allowing the MLB Entities to inspect Bearer's and/or Minor(s)' person and any bags, clothing, or other articles for security purposes, whether by walk-through metal detection, handheld metal detection, bag checks or otherwise and (b) acknowledges and agrees that Bearer and/or Minor(s) may be denied entry to or ejected from the Events or the Event Venues if Bearer and/or Minor(s) is/are in possession of any item or object that the MLB Entities consider potentially dangerous, hazardous, inappropriate and/or injurious to other patrons or participants, and any prohibited items may be confiscated. Bearer consents to security searches and/or screening of Bearer and/or Minor(s) and waives any claims that Bearer and/or Minor(s) might have against the Released Parties. Bearer acknowledges that the MLB Entities have no liability for Bearer's and/or Minor(s)' person or property.
  6. While within the Events, Bearer and Minor(s) shall be subject to the directions and/or supervision of the Released Parties and their designated agents and Bearer agrees that Bearer and Minor(s) will obey the rules and policies of the Released Parties. Bearer acknowledges that the MLB Entities may make use of facial scanning technology solely to identify Bearer and/or Minor(s) for purposes of allowing Bearer and/or Minor(s) into restricted areas of the Event Venues. Such scanning technology may capture certain biometric information, including, without limitation, a scan of face geometry. It is the policy of the MLB Entities to retain such biometric information only for the duration of the specific Event, and for a reasonable time thereafter until the MLB Entities delete such information in the ordinary course.
  7. The Credential is not transferable and may be revoked at any time without cause. The Credential may not be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the BOC.
  8. The definition of the word "Event(s)" as it is used in the Credential and this Agreement includes, without limitation, pre-Event, in-Event and post-Event interviews with players, managers, Club personnel and/or other baseball officials.
  9. All Event times are subject to change.
  10. Entering the playing field, disrupting an Event and/or attempting any physical contact with an Event participant is a crime punishable by fine and/or imprisonment. Violators may be prosecuted to the fullest extent of the law.
  11. Smoking is prohibited at the Event Venues.
  12. If Minor(s) is/are accompanying Bearer to the Events, Bearer is deemed to have given all of the grants of rights, releases and waivers set forth in the Credential and this Agreement on behalf of such Minor(s) as their parent or guardian or as the authorized agent of their parent or guardian. If Bearer does not wish to or is not authorized to grant such rights, releases and waivers on behalf of the accompanied Minor(s), Bearer should immediately leave the Event Venue with the Minor(s).
  13. FOR MEDIA BEARERS ONLY: Bearer represents that Bearer is acting on a specific media assignment approved in writing by the BOC or the Issuing Club.
  14. FOR MEDIA BEARERS ONLY: The use by Bearer of any account, description, picture, photograph, video, audio, reproduction or other information concerning the Events (the "Event Information") other than for news coverage of, or magazines, books or stories about, the Events, or for First Amendment-protected purposes, is prohibited, except: (a) with the prior written consent of the BOC or the Issuing Club; or (b) as specifically licensed in Section 17 below.
  15. FOR MEDIA BEARERS ONLY: While an Event is in progress, Bearer shall not transmit or aid in transmitting any Event Information on a play-by-play or pitch-by-pitch basis more frequently than once every half-inning of play (except to report on the occasional and significant historic event), or such other longer period as Bearer has agreed to refrain from such transmission, except: (a) this limitation shall not apply to internal transmissions between Bearer and Bearer's employer ("Internal Transmissions"); or (b) with the prior written consent of the BOC or the Issuing Club.
  16. FOR MEDIA BEARERS ONLY: While an Event is in progress, Bearer shall not transmit, display, or aid in transmitting or displaying, any video, audio, pictures, photographs or other non-text based accounts or descriptions of the Event ("Non-Text Accounts") that Bearer obtains at that Event in any media, except (a) this limitation shall not apply to Internal Transmissions, or (b) with the prior written consent of the BOC or the Issuing Club. The Credential confers on the entity that engaged the Bearer a limited, non-exclusive and non-transferable license to use on such entity's own online distribution platform, product or site a reasonable number of still pictures and/or photographs for news coverage of the Event and other editorial purposes; provided, however, that no more than seven (7) still pictures and/or photographs about an Event may be so used while the Event is in progress.
  17. FOR MEDIA BEARERS ONLY: 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 Bearer to use such photographs only for news coverage of, or magazines, books or stories about, the Events or for other editorial purposes. In exchange for the access granted by the Credential, the MLB Entities shall have the right to purchase prints of any published photographs taken by Bearer in connection with the Credential, at the best financial terms offered to third parties, and such MLB Entities shall be licensed at no additional charge to use the photographs for news coverage purposes only. The MLB Entities may not distribute reproductions of the photographs to others or license others to reproduce the photographs. Except as specifically licensed herein, separate consent is required to transmit, offer to sell or sell any photographs featuring the MLB Entities' respective trademarks, names, logos, uniform designs, copyrights and/or other proprietary rights for commercial purposes, including in third party advertisements or promotions, or on apparel, cups, posters, prints, T-shirts or other consumer products.
  18. FOR MEDIA BEARERS ONLY: Subject to the provisions of Sections 14 and 17 above, Bearer may only transmit, display, or aid in transmitting or displaying, any Non-Text Accounts concerning or in any way relating to Events that Bearer obtains at such Events if Bearer complies with the following rules as well as any additional rules imposed by the BOC or the Issuing Club: (a) when submitting a request for a credential, Bearer must provide the BOC or the Issuing Club with written notice stating that it intends to transmit or display Non-Text Accounts and Bearer may only transmit or display such Non-Text Accounts if such prior written notice is provided; (b) any video related to Events, captured within the ballpark, and carried online, must be limited to 120 seconds and cannot be carried live; (c) no live or taped audio or video is permitted to be captured from 45 minutes prior to a scheduled Event time until that Event has concluded; (d) a manager's pre-Event interview or other content may not be transmitted live and audio or video transmissions of such content may be transmitted online for no longer than 120 seconds; (e) a manager's post-Event press conference may be captured via video or audio and cannot be carried live or online; and (f) audio or video interviews with players, Club personnel and baseball officials posted online may not be longer than 120 seconds in duration; provided, however, that Bearer will have the limited, non-exclusive and non-transferable license to use on its own online distribution platform, product or site, for news coverage of the Events and other editorial purposes, up to a total of 120 seconds of the audio and video identified above in subsections (b)-(f) about each Event. Such online uses of audio and/or video shall: (i) not have any sponsorship or advertising integrated with or around the content; (ii) not be permanently archived (content may be made available only for 72 hours maximum, including press conference audio and video); and (iii) be accompanied by links back to MLB.com, the Issuing Club's official website or the official website of the Event, as applicable. Use of Event highlights is prohibited.
  19. FOR MEDIA BEARERS ONLY: Bearer shall obtain all necessary licenses, consents and/or releases permitting the use of any party's proprietary material, including, but not limited to, any party's copyrights, trademarks, rights of publicity, rights of privacy and/or other proprietary or personal rights, however denominated, included in any photograph taken or other material obtained in connection with the Credential. Bearer is solely responsible for determining which licenses, consents and/or releases shall be obtained. Bearer shall indemnify, defend (if requested) and hold harmless the MLB Entities against and from any and all liability, loss, damage or expense (including reasonable attorneys' fees and expenses) against third party claims arising out of or relating to: (a) Bearer's use of any Event Information taken or obtained in connection with the Credential, including, without limitation, any claim that any use of such Event Information infringes upon any third party's copyrights, trademarks, rights of publicity, rights of privacy, and/or other proprietary or personal rights, however denominated; (b) Bearer's acts or omissions; (c) the presence on the premises of any cameras, wires, cable or other equipment brought thereon by Bearer; and (d) Bearer's breach of any term or condition of the Credential. With respect to any claim that might give rise to the liability of Bearer as an indemnitor, the MLB Entities shall: (i) have the right to fully participate in the litigation of such claim with the counsel selected by Bearer and approved by such MLB Entities at the sole expense of Bearer; and (ii) not be obligated, without their consent, to participate in any settlement of such claim.
  20. FOR NON-MEDIA BEARERS AND ACCESS BADGE BEARERS ONLY: Bearer many not transmit or aid in transmitting any information about the Events, including, but not limited to, the Event Information, unless otherwise authorized in writing by the applicable MLB Entity.
  21. FOR NON-MEDIA BEARERS ONLY: ANY AND ALL CLAIMS AND DISPUTES RELATING IN ANY WAY TO BEARER'S USE OF THE CREDENTIAL, PARTICIPATION IN, ATTENDANCE AT, OBSERVATION OF, AND/OR PERFORMANCE OF SERVICES IN CONNECTION WITH, THE EVENTS, THE AGREEMENT, AND ANY RELATED DEALINGS BETWEEN BEARER, MINOR(S), AND THE MLB ENTITIES, INCLUDING, WITHOUT LIMITATION, CLAIMS OF BODILY INJURY OR PROPERTY DAMAGE ARISING OUT OF BEARER'S AND/OR MINOR(S)' PARTICIPATION IN, ATTENDANCE AT, OBSERVATION OF, AND/OR PERFORMANCE OF SERVICES IN CONNECTION WITH, THE EVENTS ("CLAIMS"), SHALL BE SUBMITTED TO THE COMMISSIONER OF BASEBALL (OR HIS DESIGNEE) FOR A DECISION, AND THE DETERMINATION THEREOF SHALL BE FINAL AND BINDING UPON THE PARTIES. NEITHER BEARER NOR MLB ENTITIES SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR SERVE AS A REPRESENTATIVE MEMBER OF A PUTATIVE CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
  22. FOR MEDIA BEARERS AND ACCESS BADGE BEARERS ONLY: : Unless prohibited by federal law, Bearer and the MLB Entities agree to arbitrate any and all Claims, except for Claims concerning the validity, scope or enforceability of this MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (the "Arbitration Agreement"), through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"), and not by state law. In any Claim to be resolved by arbitration, neither Bearer nor the MLB Entities will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Bearer and the MLB Entities would have in court will not be available or will be more limited in arbitration, including the right to appeal. Bearer and the MLB Entities each understand and agree that by requiring each other to resolve all disputes through individual arbitration, BEARER AND THE MLB ENTITIES ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties. Arbitrations shall be administered by the American Arbitration Association ("AAA") pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. Bearer may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in New York, New York. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator's authority is limited to Bearer and the MLB Entities alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator's decision shall be final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Claims, including, but not limited to, Minor(s) and the Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict. The MLB Entities will be responsible for paying all arbitration fees other than the amount of filing fees Bearer would have incurred in the state or federal court where the Events took place, whichever is less. Notwithstanding any other provision herein, Bearer and the MLB Entities may seek relief in a small claims court for Claims within its jurisdiction. In addition, Bearer and the MLB Entities each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement, the conclusion of the Events, and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law). BEARER HAS THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT BEARER MUST EXERCISE THIS RIGHT PROMPTLY. If Bearer does not wish to be bound by this Arbitration Agreement, Bearer must notify the MLB Entities by mailing a written opt-out notice, postmarked within seven (7) days after the date of the applicable Event to: Major League Baseball, Attn: Legal Department, 30th Floor, Re: Arbitration Opt-Out, 245 Park Avenue, New York, NY 10167. The request must include Bearer's full name, address, account number, and the statement "I reject the Arbitration Agreement contained in my Credential." If Bearer exercises the right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if Bearer had not rejected arbitration. Prior to initiating a lawsuit or an arbitration proceeding under this Arbitration Agreement, the claimant shall give the other party or parties written notice of the Claim (a "Claim Notice") and a reasonable opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice to one or more of the MLB Entities shall be sent by mail to Major League Baseball, Attn: Legal Department, 30th Floor, Re: Arbitration Claim Notice, 245 Park Avenue, New York, NY 10167. Any Claim Notice must (a) identify the Claimant by name, address, email address, and telephone number; (b) explain the nature of the Claim and the relief demanded; and (c) be submitted only on behalf of the Claimant, and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Claim that the other party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief.
  23. FOR MEDIA BEARERS AND ACCESS BADGE BEARERS ONLY: If Minor(s) is/are accompanying Bearer to the Events, Bearer is deemed to have agreed to the Arbitration Agreement on behalf of such Minor(s) as their parent or guardian or as the authorized agent of their parent or guardian. If Bearer does not wish to or is not authorized to make such agreement on behalf of the accompanied Minor(s), Bearer should immediately leave the Event Venue with the Minor(s).
  24. Any Bearer whose Credential grants Bearer clubhouse access is prohibited from using cellular phones, laptops, texting devices or similar portable equipment in the clubhouse. Digital photography is prohibited in the clubhouse unless permission is received in writing from the BOC or the Issuing Club's Media Relations Director.
  25. Bearer shall not share on any websites or social media channels, or show to another party, pictures or photographs containing any portion of Bearer's Credential or any other credential issued to Bearer or another bearer by an MLB Entity.

Commissioner Robert D. Manfred, Jr.

Copyright 2017, Office of the Commissioner of Baseball. All rights reserved.