SPECIAL CONDITIONS C - PHOTOGRAPHERS

26. SCOPE OF SPECIAL CONDITIONS C

26.1   These Special Conditions C apply to all Attendees who have been granted an express licence by the Executive and who hold badges or other entitlements to enter British racecourses allocated by or on behalf of the RCA to take photographs of races, fixtures and other activities on the racecourses (Photographers' Accreditation).  At the time of publication of these Conditions this function is performed by the RCA/HWPA Press Liaison Committee but these Special Conditions C apply to any press badges allocated by this or any successor body empowered by the RCA to do so.

26.2   Only those persons who attend the Racecourse holding a valid and subsisting Photographers' Accreditation (Authorised Photographers) will be entitled to enter the Racecourse on the basis of these Special Conditions C. 

26.3   Without prejudice to Condition 26.2, these Special Conditions C apply whether or not an Authorised Photographer holds a badge, PASS Card or other entitlement to enter the Racecourse.

27. SPECIAL CONDITIONS FOR HOLDERS OF PHOTOGRAPHERS' ACCREDITATION

27.1   In these Special Conditions C the following words and expressions shall have the following meanings:
(a)       Internet means the global network of computer systems using TCP/IP protocols known as the world wide web.

(b)       Newspaper and News Magazine mean, respectively, a newspaper or magazine published and distributed in printed paper format but specifically excluding any "one off", special or commemorative edition or supplement and newspaper or magazine based on a specific racecourse.

(c)       Photograph means any still visual image, or information capable of being converted into a still visual image, (whether such still visual image is in physical, negative or digital form or any other form of electronic storage of whatever nature and whether existing now or invented in the future) but shall specifically exclude any moving images, digital sequencing or audio in any form.

(d)       Publish means to use, reproduce, distribute, store or communicate to any person in any form (whether in hard or electronic copy, whether permanent or transient and whether existing now or invented in the future).

27.2   Authorised Photographers shall produce satisfactory evidence of their Photographer's Accreditation upon demand.  We reserve the right to refuse entry to, or to expel, any Attendee who does not produce such evidence when asked to do so.

27.3   All Authorised Photographers granted access to the Racecourse under these Special Conditions C 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 Attendee admitted under these Special Conditions C who does not produce satisfactory evidence of such insurance on demand or within such period as we may determine.

27.4   Authorised Photographers must wear any form of identification issued by us to identify them as Authorised Photographers and will return any such identification upon request.

27.5   Save as we may expressly agree otherwise in writing from time to time, Authorised Photographers must not wear any form of branded clothing or otherwise participate in any promotional or other commercial activity on the Racecourse.

27.6   Authorised Photographers will not do any of those things prohibited by Condition 10 save as expressly permitted by these Special Conditions C.

27.7   Authorised Photographers will only Publish Photographs:
(a)       in a Newspaper or News Magazine or other relevant websites approved by the Executive in writing; or
(b)       as a reproduction on the Internet of an equivalent electronic version (operating under the same or a substantially similar title or brand name) of any Newspaper or News Magazine in which the Photograph is actually Published.  A Photograph must only be made available on the Internet subject to terms which incorporate clear and legally binding provisions prohibiting:
(i)        the reduction of any Photograph to hard copy form; and/or
(ii)       the Publication of any Photograph except in order to enable it to be viewed on the relevant Internet website or service.
We acknowledge that Newspaper and News Magazine versions of a Photograph may be published at different times to Internet website versions of the same Photograph and that the different versions may therefore not be identical.

27.8   Authorised Photographers 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.

27.9   Authorised Photographers may not attach cameras to any marker posts (including winning post and furlong markers).