SPECIAL CONDITIONS B - MEDIA CONTRACTORS AND LICENSEES

23. SCOPE OF SPECIAL CONDITIONS B

23.1   We (and or our duly authorised agents and sub-licensees) may from time to time enter into agreements with third parties under which those third parties, their sub-contractors and licensees are permitted to enter the Racecourse for the purpose of producing still images or audio/visual/data coverage of races and fixtures and/or transmitting, broadcasting or otherwise distributing such coverage from the Racecourse (a Third Party Media Agreement).  These Special Conditions B apply to all Attendees who are present on the Racecourse under the terms of a Third Party Media Agreement or for purpose(s) equal or similar to those permitted by a Third Party Media Agreement (Media Attendees).

23.2   These Special Conditions B apply whether or not a Media Attendee holds a badge, PASS Card or other entitlement to enter the Racecourse.

23.3   Subject to any special conditions that may be agreed in any Third Party Media Agreement or Racecourse accreditation all Media Attendees granted access to the Racecourse under these Special Conditions B must hold and maintain, or their employers must hold and maintain, comprehensive and adequate public liability insurance with a reputable insurer on industry standard terms to cover a reasonable level of liability for any claim for which they may become liable as a result of any loss or damage which they cause whilst present on the Racecourse.  We reserve the right to refuse entry to, or to expel, any Media Attendee admitted under these Special Conditions B who does not produce satisfactory evidence of such insurance on demand or within such period as we may determine.

24. YOUR RIGHTS

24.1   Ordinarily the rights which Attendees have to produce audio/visual/data coverage of races and fixtures is limited under Condition 10.  However, where Media Attendees are present on the Racecourse under the terms of a Third Party Media Agreement it is likely that the scope of the rights which the relevant third party enjoys in respect of, or to produce and exploit, audio/visual/data coverage of races and fixtures will be wider than that permitted under Condition 10.

24.2   To the extent that the rights granted under a Third Party Media Agreement are wider than the rights granted under the General Conditions, including (but not limited to) Condition 10, Media Attendees will be entitled to exercise and exploit those rights granted to the third party under the relevant Third Party Media Agreement.

24.3   Please note, however, that save where we have expressly agreed otherwise in writing the rights granted a third party under a Third Party Media Agreement will be personal to that third party.  Accordingly, Media Attendees' rights to attend the Racecourse will be strictly as an employee or sub-contractor to the relevant third party and Media Attendees will not be entitled to exercise any rights to, or to produce and exploit, audio/visual/data coverage of races and fixtures on their own behalf or for any purpose other than that permitted under the relevant Third Party Media Agreement.

24.4   Media Attendees must comply with the terms of any applicable British Horseracing Authority Instructions which may be relevant to their activities on the Racecourse.  Particular attention is drawn to BHA General Instructions 5.1 and 5.2(2) which are set out in the Annex to these Conditions.

25. THIRD PARTY MEDIA AGREEMENTS TO PREVAIL

If and to the extent that there is any conflict between these Conditions and the terms of any Third Party Media Agreement, the terms of the Third Party Media Agreement shall prevail.