2023/24 TERMS AND CONDITIONS – JOURNALIST MEDIA PASS
These Terms and Conditions apply to Australian applicants only. If you are an international applicant (including an Australian person employed or engaged by an international media organisation) please contact the Racing Victoria accreditation team at accreditation@racingvictoria.net.au.
1.1.Background
For the 2023-24 racing season (1 August 2023 to 31 July 2024) Racing Victoria Limited (RVL) will offer two types of journalist media passes:
- Victorian Media Pass (Journalist); and
- Country Media Pass (Journalist),
(each a Journalist Media Pass and together known as Journalist Media Passes).
1.2. A Victorian Media Pass (Journalist) is valid for all Race Meetings conducted by a Victorian thoroughbred racing club (Race Club) listed in Schedule A except:
- 1.2.1.the four Race Meetings constituting the Melbourne Cup Carnival (conducted by the Victoria Racing Club at Flemington Racecourse); and
- 1.2.2.the two Race Meetings constituting the Cox Plate Carnival (conducted by the Moonee Valley Racing Club at Moonee Valley Racecourse),
(Major Event Race Meetings).
1.3. A Country Media Pass (Journalist) is valid for Race Meetings conducted by a Country Racing Victoria (CRV) Club listed in Schedule B. A Country Media Pass (Journalist) will be issued to journalists servicing Media Organisations with a limited geographical reach outside of metropolitan Melbourne.
1.4. Journalist Media Passes shall be issued in the following three categories based on the nature of the Media Organisation that the Applicant is employed or otherwise engaged by:
- Mainstream Media;
- Racing Media; or
- Other Media,
(each a Category).
The Category into which an Accredited Applicant falls will dictate what media activities that Accredited Applicant may engage in. The determination as to which Category an Applicant falls shall be at RVL’s absolute discretion.
2. Definitions and Interpretation
2.1.Definitions
In these Terms and Conditions:
Accreditation Application means the lodgement online by an Applicant (or its authorised representative) of an Application Form.
Accredited Applicant means an Applicant that has been accredited by RVL and issued with a Journalist Media Pass subject to these Terms and Conditions.
Applicant has the meaning given in clause 3.1. References in these Terms and Conditions to the Applicant are to be read as including the Applicant in their capacity as the Accredited Applicant, if their Accreditation Application is approved by RVL.
Application Criteria has the meaning given in clause 3.2.
Application Form means the 2023-24 Journalist Media Pass Application Form that RVL makes available online to enable Applicants to make an Accreditation Application.
Category has the meaning given in clause 1.4.
Claims means any liabilities, actions, suits, proceedings, claims, demands, loss, costs and expenses whether arising under statute, at law or in equity.
Code of Ethics means the Media Entertainment & Arts Alliance Journalists’ Code of Ethics as published from time to time at meaa.org and any other code of ethics specified by RVL from time to time.
COVID-19 Restrictions means:
(a) any restrictions, requirements or directions imposed by Law, including under the Public Health and Wellbeing Act 2008 (Vic); and
(b) RVL’s COVID-19 Protocols,
which, amongst other things, prohibit or limit, or impose conditions on, access to Racecourses.
CRV means Country Racing Victoria Limited ACN 112 777 714.
Editorial Channel means news websites, newspapers, magazines and like publications and periodicals, radio and television broadcasts operated by a Media Organisation containing news, editorials and feature articles or commentary, specified by an Applicant in their Application Form and as approved by RVL in its absolute discretion from time to time (for the avoidance of doubt, a website, digital platform (including a podcast), publication or broadcast that is dedicated to, or the primary or dominant purpose for which is, form analysis will not be considered an Editorial Channel).
Horse Area includes the mounting yard, parade ring, horse stalls, the Racetrack, and any other such areas as advised by RVL and/or the Race Club from time to time (and noting that these areas may differ between Racecourses). For the avoidance of doubt, access to any Horse Area is subject to Race Club permission and/or restrictions imposed at the relevant Racecourse.
Image means a still image taken at a Race Meeting, whether or not thoroughbreds are shown in the still image.
Jockey has the same meaning as in the Rules of Racing.
Journalist Media Pass has the meaning given in clause 1.1.
Mainstream Media means a domestic Media Organisation whose primary content does not relate to thoroughbred racing and that has major global, national, state and/or regional coverage (Mainstream Content) and includes:
(a) free-to-air television stations, including the Australian Broadcasting Corporation (ABC), the Special Broadcasting Service (SBS), Seven West Media, the Nine Network, Network 10 and their regional affiliates;
(b) domestic subscription television channels including Fox Sports; and
(c) national newspapers, major state newspapers and daily regional newspapers including The Australian, the Herald Sun (and its interstate affiliates) and The Age (and its interstate affiliates).
Whether an Applicant is categorised as working in Mainstream Media shall be at RVL’s absolute discretion. For the avoidance of doubt, where an Accredited Applicant is categorised as Mainstream Media, that Accredited Applicant’s accreditation is granted with respect to that Media Organisation’s Mainstream Content only. For example, if the Mainstream Media Media Organisation also operates businesses unrelated to its Mainstream Content (Other Businesses), the Accredited Applicant’s accreditation cannot be used in conjunction with those Other Businesses unless otherwise agreed in writing by RVL.
Major Event Race Meetings has the meaning given in clause 1.2 and any other Race Meetings that RVL may from time to time deem to be a Major Event Race Meeting.
Media Organisation means an organisation whose primary purpose is syndicating news content for or providing News Reporting by any platform including individual publications, news websites, digital platforms, radio and television broadcasters, print media and news agencies. Such organisations will typically:
(a) play a significant role in informing the mass public;
(b) accept the responsibilities and ethics of journalism; and
(c) employ properly trained media personnel.
Memorabilia and Merchandise means any:
(a) collectable item, such as (by way of example only) a limited edition, signed print of an Image; or
(b) item of merchandise, such as (by way of example only) drink can holders;
consisting of or bearing a print or other copy of one or more Images and/or Vision.
MVRC means Moonee Valley Racing Club Inc (ABN 45 806 588 917).
News Reporting means the reporting of news content collected by a Media Organisation at a Race Meeting conducted by a Race Club (including text, data, photography, Vision and any combination of these) and for the avoidance of doubt, does not include any form preview/review or like content.
Night Meeting includes twilight meetings.
Other Media means any domestic Media Organisation that is not Mainstream Media or Racing Media. Other Media includes Radio Media.
Whether an Applicant is categorised as working in Other Media shall be at RVL’s absolute discretion.
Owner has the same meaning as in the Rules of Racing.
Photography Pass means a photography pass issued by RVL in accordance with the 2023-24 Victorian Racing Photography Accreditation terms and conditions (available on the RVL Website).
Prohibited Media Activities means taking photographic images, recording, transmitting or relaying Vision or audio at, from or of a Racecourse on the day of a Race Meeting.
Race Club has the meaning given in clause 1.2.
Race Meeting means any thoroughbred race meeting conducted by or on behalf of any of the Race Clubs at a Racecourse.
Racecourse means the facilities used by any of the Race Clubs for the purposes of conducting a Race Meeting.
Racetrack means the track on which the thoroughbreds race.
Racing Media means a domestic Media Organisation whose primary content relates to thoroughbred racing.
Whether an Applicant is categorised as working in Racing Media shall be at RVL’s absolute discretion.
Racing Year means the period from 1 August 2023 to 31 July 2024.
Radio Media means a Media Organisation whose primary medium of publication is radio, including but not limited to an AM, FM, digital and/or online radio station.
Representative of a party means the party’s officers, employees, agents and contractors.
Restricted Area includes members’ areas, the press room, scales precinct, Horse Areas and the mounting yard (including the viewing area of the mounting yard) of a Racecourse (subject to Race Club permission and/or restrictions imposed at the relevant Racecourse).
Rules of Racing means the rules of racing lawfully made and adopted by RVL from time to time and available on the RVL Website.
RVL means Racing Victoria Limited ACN 096 917 930 which is the controlling body of thoroughbred racing in the State of Victoria.
RVL’s COVID-19 Protocols means any RVL biosecurity protocols in relation to COVID-19 which, amongst other things, may impose conditions on, and limitations on access to Racecourses and licensed premises, as amended from time to time and available on the RVL Website at the subdomain: https://www.racingvictoria.com.au/the-sport/racing/covid19.
RVL Website means the official website of RVL, currently at the URL https://www.racingvictoria.com.au/.
Social Media includes:
(a) blogs and forums;
(b) external and internal social networking sites including Facebook, Twitter, YouTube, Flickr, Instagram and Tik Tok;
(c) Short Messaging Services (SMS) and Multi-media Messaging Services (MMS);
(d) instant messaging applications and services;
(e) “comments” sections attached to online articles; and
(f) any form of digital or online media which allows any person or entity to upload and share content.
Social Media Activities has the meaning given in clause 8.
Steward has the meaning given in the Rules of Racing.
Television means free-to-air, digital television and subscription television (such as Foxtel) and excludes television over the internet (e.g. live or delayed streaming).
Terms and Conditions means these Journalist Media Pass terms and conditions, as may be amended from time to time by RVL in accordance with clause 16.
Trainer has the same meaning as in the Rules of Racing.
Vision means visual or audio-visual coverage captured at a Racecourse on the day of a Race Meeting.
VRC means the Victoria Racing Club Limited ACN 119 214 078.
VRMA Member has the meaning given in clause 4.4.
2.2. Interpretation
In these Terms and Conditions, unless the context indicates a contrary intention:
2.2.1. words denoting the singular number include the plural and vice versa;
2.2.2. words denoting individuals, persons, associations, clubs, societies and corporations include a reference to each and every one of them;
2.2.3. headings are for convenience only and do not affect interpretation;
2.2.4. references to clauses are references to clauses of these Terms and Conditions and references to sub-clauses are references to sub-clauses of these Terms and Conditions;
2.2.5. references to these Terms and Conditions shall be deemed to include references to these Terms and Conditions as amended, supplemented, varied or replaced from time to time;
2.2.6. words denoting any gender include all genders;
2.2.7. if a word or phrase is defined cognate words or phrases have corresponding definitions;
2.2.8. the words “include”, “including”, “for example” or “such as” and other like words are not used as, nor are they to be interpreted as, words of limitation; and
2.2.9. references to any legislation or to any section or provision thereof includes any statutory modification or re-enactment thereof or any statutory provision substituted therefore and ordinances, by-laws, regulations and other statutory instruments issued thereunder.
2.3. Formation of agreement
When an Applicant makes an Accreditation Application, an agreement is established between the Applicant and RVL, consisting of these Terms and Conditions.
3. Application criteria for assessment by RVL
3.1. Applicants for Journalist Media Passes (Applicant) must:
3.1.4 state the reason why access to Restricted Areas is required; and
3.1.5 list all proposed Editorial Channels (which are subject to approval by RVL) in which the Applicant proposes to publish, communicate and/or broadcast their work.
3.2 RVL’s determination as to whether to grant a Journalist Media Pass is a decision made in its absolute discretion. Without limiting the scope of its discretion, when considering an Application, RVL may have regard to criteria (Application Criteria) including the following:
3.2.1 whether the Applicant is of good character and good standing in their profession;
3.2.2 the reach of the Applicant’s coverage (and should they be engaged or employed by a Media Organisation, the scale of that Media Organisation’s client base and coverage reach);
3.2.3 whether the Applicant will pose an unacceptable risk to the integrity of racing;
3.2.4 whether the Applicant is able to satisfy RVL that they will, and have the capacity to, fully perform their media role and do so in line with the Code of Ethics;
3.2.5 safety and security concerns in Restricted Areas at Racecourses;
3.2.6 issues of space in Restricted Areas at Racecourses;
3.2.7 the explanation provided by the Applicant as to why they require access to Restricted Areas on raceday;
3.2.8 whether the Applicant is ordinarily required to publish, communicate or broadcast their News Reporting on the day of the Race Meeting or at a later point;
3.2.9 the following media accreditation priority (from highest to lowest):
(a) Applicants employed or engaged by Media Organisations with major global or national coverage;
(b) Applicants employed or engaged by Media Organisations with significant state coverage;
(c) Applicants employed or engaged by Media Organisations with moderate and/or local coverage; and
(d) freelance Applicants (being any Applicant not in one of the above categories);
3.2.10 whether the Applicant will undertake bona fide News Reporting for publication, communication or broadcast on an Editorial Channel; and
3.2.11 whether the Applicant can provide assurances to RVL’s satisfaction that they and any Media Organisation with which they are associated can or will comply with the requirements of clause 10.
4. Application process
4.1. New Applications
The Application Form must be completed and submitted in full by submitting the Application Form online via https://www.racingvictoria.com.au/news-media/media-accreditation.
4.2. Renewals
Applications for renewals need to be completed and submitted in full by submitting the Application Form online via https://www.racingvictoria.com.au/news-media/media-accreditation. Approval of a previous Application does not guarantee a renewal being accepted.
4.3. Freelance Applicants
Freelance Applicants who do not have or are unable to validate to RVL’s satisfaction an arrangement with any proposed Editorial Channels in which they propose to publish their works will not receive a Journalist Media Pass unless RVL otherwise determines in its absolute discretion.
4.4. VRMA Members
Applicants who are practising racing journalists and registered members of the Victorian Racing Media Association as at the date of their Accreditation Application (VRMA Member) will be issued a Victorian Media Pass (Journalist) (unless otherwise determined by RVL at its absolute discretion) subject to the VRMA Member:
4.4.1. completing their Accreditation Application to RVL’s satisfaction;
4.4.2. agreeing to comply with these Terms and Conditions; and
4.4.3. completing any additional requirements (which are equally applicable to all Applicants) as requested by RVL from time to time.
5. Successful Applicants
5.1. Applicants will receive written notification from RVL as to the outcome of their Accreditation Application.
5.2. If the Applicant is successful, the Journalist Media Pass will be made available for collection by the Accredited Applicant at a time and location to be advised by RVL (or as otherwise advised in writing by RVL).
5.3. The Applicant acknowledges and agrees that, if they are successful in their application:
5.3.1. the Journalist Media Pass is personal to the Accredited Applicant, is non-transferable and non-licensable to any person for any purpose;
5.3.2. the Accredited Applicant is authorised, for so long as their Journalist Media Pass remains in force, to engage only in the performance of bona fide News Reporting to be published, communicated or broadcast on a nominated Editorial Channel and not for any unauthorised purpose (including any commercial purpose);
5.3.3. the Journalist Media Pass remains the property of RVL and must be returned to RVL by the Accredited Applicant on demand;
5.3.4. the Accredited Applicant will be bound by these Terms and Conditions;
5.3.5. the Accredited Applicant will be responsible for enforcing these Terms and Conditions upon any applicable Media Organisation;
5.3.6. use of the Journalist Media Pass is subject to compliance with each Race Club’s terms and conditions of entry to its Racecourse and any other conditions of entry applicable to the Racecourse as prescribed from time to time and may only be used for the validity period specified. At all times whilst within a Racecourse, Accredited Applicants are required to wear and visibly display the Journalist Media Pass and if required, a coloured vest, armband or other form of identification issued by RVL or the Race Club to denote their accreditation which must be displayed while on a Racecourse. If an Accredited Applicant fails to produce their Journalist Media Pass upon request by RVL, a Race Club and/or any Representative of RVL or a Race Club, they may be denied entry to the Racecourse and/or Restricted Areas and/or removed from the Racecourse;
5.3.7. the Accredited Applicant must advise RVL as soon as possible in the event of loss, theft or unauthorised use of their Journalist Media Pass and the Accredited Applicant is liable for any and all use of their Journalist Media Pass until RVL is notified of the loss, theft or unauthorised use; and
5.3.8. the Accredited Applicant is required to comply with the Code of Ethics or any other code of ethics as directed by RVL in writing.
RVL may impose such further terms and conditions on an Accredited Applicant as it deems fit and in its absolute discretion.
5.4. A replacement Journalist Media Pass fee of $50 will be charged if a replacement Journalist Media Pass is issued. RVL may, in its absolute discretion, waive the replacement Journalist Media Pass fee provided the Accredited Applicant has provided evidence of a legitimate reason for doing so, for example, a change of name due to marriage or divorce or a faulty or stolen card.
6. Prohibited Media Activities
6.1. Subject to activities specifically permitted under and in accordance with clauses 7 and 8, an Accredited Applicant must not engage in Prohibited Media Activities or permit or facilitate another person or Media Organisation to engage in Prohibited Media Activities.
6.2. Separate accreditations and/or written approvals are required from RVL and the relevant Race Club (where applicable) prior to engaging in Prohibited Media Activities.
6.3. Subject to clause 7.1, journalists (including Accredited Applicants) are required to contact accreditation@racingvictoria.net.au for any filming and Vision requests.
6.4. Photography
6.4.1. Subject to clause 8, nothing in these Terms and Conditions grants an Accredited Applicant the right to take Images for publication and/or use in any way including on any Editorial Channel or for any purpose whatsoever including any commercial purposes.
6.4.2. Any journalist (including any Accredited Applicant) who wishes to take Images for publication and/or use on an Editorial Channel must arrange for their Media Organisation to submit an application to RVL for a Photography Pass. For details regarding this application please visit https://www.racingvictoria.com.au/news-media/media-accreditation/photography-media-pass.
7. Vision
7.1. An Accredited Applicant that holds a Journalist Media Pass and is categorised by RVL as Mainstream Media is permitted to engage in the following Vision activities at a Race Meeting for the purpose of News Reporting only (which, for the avoidance of doubt, shall not include any form preview/review or like content):
7.1.1. filming of colour (including crowds, punter vox pops, fashion and celebrities);
7.1.2. filming of an interview with an officer or employee of RVL or a Race Club, provided that it is conducted outside Restricted Areas;
7.1.3. filming of horse flesh at the raceday stalls and the pre-parade ring (Content) provided that:
7.1.3.1 with respect to broadcast via Television, unless RVL (in its absolute discretion) has provided its prior written consent:
(a) if a day Race Meeting, the Accredited Applicant shall not broadcast (or permit another person or Media Organisation to broadcast) any Content until thirty (30) minutes after completion of the final race of the Race Meeting or 6:00 pm, whichever is earlier; and
(b) if a Night Meeting, the Accredited Applicant shall not broadcast (or permit another person or Media Organisation to broadcast) any Content until thirty (30) minutes after completion of the final race of the Race Meeting or 11:00 pm, whichever is earlier.
7.1.3.2 with respect to broadcast other than via Television:
(a) if a day Race Meeting, the Accredited Applicant shall not broadcast (or permit another person of Media Organisation to broadcast) any Content until thirty (30) minutes after completion of the final race of the Race Meeting; and
(b) if a Night Meeting, the Accredited Applicant shall not broadcast (or permit another person or Media Organisation to broadcast) any Content until thirty (30) minutes after completion of the final race of the Race Meeting.
7.1.4. pieces to camera inside the Racecourse provided that any footage captured:
7.1.4.1 does not include any horse flesh on the Racetrack; and
7.1.4.2 does not include any horse flesh in the mounting yard or while walking to and/or from the mounting yard to the raceday stalls/pre-parade ring and Racetrack.
7.1.5. provided the Accredited Applicant and/or their Media Organisation has obtained the prior consent of RVL or a Race Club operating under the delegated authority of RVL (or any Representative of RVL or the relevant Race Club), filming of interviews with Jockeys, Trainers and/or Owners (Interview) provided that:
7.1.5.1 the Interview is not conducted within Restricted Areas;
7.1.5.2 the Interview is not conducted within twenty (20) minutes of the commencement or completion of a race in which the relevant Owner, Trainer or Jockey is/was engaged to compete or whose horse is/was engaged to compete;
7.1.5.3 the Accredited Applicant and their Media Organisation does not conduct and/or broadcast more than three (3) Interviews per Race Meeting;
7.1.5.4 with respect to broadcast via Television, unless RVL (in its absolute discretion) has provided its prior written consent:
(a) if a day Race Meeting, the Accredited Applicant shall not broadcast (or permit another person or Media Organisation to broadcast) any Interview until thirty (30) minutes after completion of the final race of the Race Meeting or 6:00 pm, whichever is earlier; and
(b) if a Night Meeting, the Accredited Applicant shall not broadcast (or permit another person or Media Organisation to broadcast) any Interview until thirty (30) minutes after completion of the final race of the Race Meeting or 11:00 pm, whichever is earlier.
7.1.5.5 with respect to broadcast other than via Television:
(a) if a day Race Meeting, the Accredited Applicant shall not broadcast (or permit another person or Media Organisation to broadcast) any Interview until thirty (30) minutes after completion of the final race of the Race Meeting; and
(b) if a Night Meeting, the Accredited Applicant shall not broadcast (or permit another person or Media Organisation to broadcast) any Interview until thirty (30) minutes after completion of the final race of the Race Meeting.
PROVIDED HOWEVER that the Accredited Applicant must not film, broadcast, stream, publish or otherwise transmit or distribute, or permit or facilitate another person or Media Organisation to film, broadcast, stream, publish or otherwise transmit or distribute:
(a) any live Vision from inside a Racecourse;
(b) any pieces to camera recorded for broadcast as ‘look lives’ inside a Racecourse;
(c) any Vision of horse flesh on the Racetrack, in the mounting yard, walking to and/or from the mounting yard to the raceday stalls, pre-parade ring or mounting yard, or walking to and/or from the mounting yard to the Racetrack; or
(d) any Vision of Jockeys, Trainers and/or Owners inside the mounting yard or scales area.
7.2. With respect to this clause 7, the relevant Accredited Applicant has the right to publish and otherwise distribute Vision only in accordance with this clause 7 and only for the purpose of News Reporting via the Applicant’s Media Organisation (provided that Media Organisation is categorised by RVL as Mainstream Media). The Accredited Applicant is not otherwise permitted to use, sub-licence, distribute, exploit or publish any content referred to in this clause for any other purpose or via any other means, platforms or forms of communication.
7.3. For the avoidance of doubt, an Accredited Applicant who is categorised as Racing Media or Other Media is not permitted to engage in any of the activities outlined in this clause 7.
8. Social Media
8.1. For the purpose of clause 8.2:
Social Media Activities means posting:
(a) Images to Social Media;
(b) a maximum of three (3) clips of Vision (each a Clip) per Race Meeting (each Clip to be not more than sixty (60) seconds in length) to Social Media provided that a separate post is used to post each Clip; and
(c) a maximum of five (5) stories to Instagram (each a Story) per Race Meeting (each Story to be not more than fifteen (15) seconds in length),
provided that any Image, Clip or Story posted to Social Media:
(d) is for the purpose of News Reporting and for the avoidance of doubt not for any commercial use; and
(e) is non-continuous (for example, the use of Instagram’s automatic segmentation function to post a continuous stream of Vision via sequential individual Stories is prohibited, as is the posting of sequential Vision via separate Clips that are posted or uploaded in parts). An Applicant is not permitted to circumvent the restrictions placed on the permitted length of Clips and Stories pursuant to sub-clauses (b) and (c) above by posting or uploading separate Clips and/or Stories; and
(f) must be posted:
(i) from the official Social Media account of the Accredited Applicant’s Media Organisation (provided that Media Organisation is categorised by RVL as Mainstream Media); or
(ii) from the Accredited Applicant’s personal Social Media account and include the official handle and/or hashtag of the Accredited Applicant’s Media Organisation (provided that Media Organisation is categorised by RVL as Mainstream Media).
8.2. Subject to clause 8.4, an Accredited Applicant that holds a Journalist Media Pass and is categorised by RVL as Mainstream Media is permitted to engage in Social Media Activities.
8.3. Subject to clause 8.4, an Accredited Applicant that holds a Journalist Media Pass and is categorised by RVL as Racing Media or Other Media is permitted to post Images to Social Media for the purposes of News Reporting provided that any content posted to Social Media must be posted from the official Social Media account of the Accredited Applicant’s Media Organisation.
8.4. Neither an Accredited Applicant nor its Media Organisation is permitted to create galleries of Images on Social Media.
8.5. With respect to this clause 8, the relevant Accredited Applicant has the right to publish content to Social Media only in accordance with this clause 8 and only for the purpose of News Reporting. The Accredited Applicant is not otherwise permitted to use, sub-licence, distribute, exploit or publish any content referred to in this clause for any other purpose or via any other means, platforms or forms of communication.
9. Audio
Save for any prior written approval of RVL, Accredited Applicants are prohibited from engaging in audio activities (refer clause 6.1 and the definition of Prohibited Media Activities).
To request approval to engage in audio activities (or any other Prohibited Media Activity), please contact accreditation@racingvictoria.net.au.
10. Mainstream Media material must not be utilised by Racing Media
10.1. Accredited Applicants that are categorised by RVL under these Terms and Conditions in relation to their Journalist Media Pass as Mainstream Media must not under any circumstances permit material that is authorised under these Terms and Conditions to be collected, recorded, produced, created, assembled or prepared for Mainstream Media to be disclosed to any Media Organisation categorised (or capable of being categorised) by RVL as Racing Media.
10.2. Accredited Applicants must ensure that any Media Organisation by which they are engaged, with which they are associated, or which they may provide content or material to in connection with these Terms and Conditions do not do, or omit to do, any thing which if done (or omitted to be done) by the Accredited Applicant would be a breach of clause 10.1.
10.3. Clauses 10.1 and 10.2 apply whether or not the Mainstream Media and or Racing Media are separate legal entities, related bodies corporate, or business units or functions within the same legal entity.
10.4. If in doubt, Accredited Applicants and Media Organisations are directed to consult with RVL.
10.5. RVL may issue any direction or instruction to Accredited Applicants and to Media Organisations to ensure compliance with clauses 10.1 to 10.4, or where RVL considers that a breach or any of clauses 10.1 to 10.4 may or could occur, to prevent any such breach occurring.
10.6. Without limiting RVL’s other rights and remedies under these Terms and Conditions, a breach of any of clauses 10.1 to 10.4, or non-compliance with a direction or instruction under clause 10.5, will be grounds for immediate revocation of an Accredited Applicant’s Journalist Media Pass.
11. Compliance with directions
11.1. The Accredited Applicant must at all times comply with any directions or instructions given by RVL, a Race Club or any of their Representatives relating to the exercise by the Accredited Applicant of its rights, or performance by it of its obligations, under and in connection with these Terms and Conditions.
11.2. When attending a Race Meeting or any other site or premises under the control of RVL or a Race Club, the Accredited Applicant must at all times comply with:
11.2.1. all applicable laws and conditions of entry including, but not limited to, any COVID-19 Restrictions; and
11.2.2. any directions or instructions given by RVL or the Race Club, any of their Representatives or any Stewards or other officials relating to such attendance, including in relation to health and safety (such as any COVID-19 Restrictions) or in relation to operational requirements.
11.3. The Accredited Applicant must not make a request to any person at any Race Meeting or any other site or premises under the control of RVL or a Race Club to do any act or thing that is not permitted by these Terms and Conditions, or to omit to do any act or thing that is required to be done by these Terms and Conditions. If any person at a Race Meeting purports to direct, instruct or permit the Accredited Applicant to do any act or thing that is not permitted by these Terms and Conditions, or to omit to do any act or thing that is required to be done by these Terms and Conditions, such direction, instruction or permission is to be disregarded by the Accredited Applicant.
11.4. The Accredited Applicant will remain solely responsible for their compliance with these Terms and Conditions notwithstanding that they may have acted or may claim to have acted in accordance with a direction, instruction or permission as contemplated by clause 11.3.
11.5. RVL or a Race Club may issue further directions, conditions and policies relating to a Journalism Media Pass and Racecourse access, and the Applicant must comply with any such specific directions, conditions and policies which will be incorporated into these Terms and Conditions.
12. Use and exploitation of Images and/or Vision
12.1. The Accredited Applicant and their Media Organisation may only use Images and/or Vision for the purposes of News Reporting and strictly in accordance with these Terms and Conditions. For the avoidance of doubt, any use of the Images and/or Vision on the Accredited Applicant’s (or their Media Organisation’s) Social Media is for the sole purpose of posting commentary to promote the relevant Media Organisation’s News Reporting of the Race Meeting and not as an archive, an Editorial Channel itself or for the promotion of an alternative destination or commercial enterprise.
12.2. The Accredited Applicant undertakes that they and their Media Organisation will not archive or otherwise retain any Images and/or Vision except for use in accordance with these Terms and Conditions (for the avoidance of doubt, neither the Accredited Applicant nor its Media Organisation has any right to make available or offer a publicly accessible archive of Images and/or Vision during or after the end of the Racing Year except for editorial purposes on approved Editorial Channels).
12.3. The Accredited Applicant will ensure that neither they nor their Media Organisation will (during or after the end of the Racing Year) use or otherwise exploit those Images and/or Vision in any way, including without limitation by manufacturing or otherwise producing, promoting, offering for sale, selling or otherwise disposing of (or authorising, aiding, abetting, counselling or procuring anyone else to do so) any Memorabilia and Merchandise bearing prints or other copies of those Images and/or Vision, selling prints or other copies of those Images and/or Vision directly to the Race Clubs or any other person, or providing proofs of those Images and/or Vision to any other person.
12.4. The Accredited Applicant acknowledges that any sale or publication of the Images and/or Vision taken by an Accredited Applicant in contravention of these Terms and Conditions is strictly prohibited and may result in immediate suspension or revocation of the applicable Journalist Media Pass.
12.5. Notwithstanding and without limiting anything else in these Terms and Conditions, an Accredited Applicant and/or its Media Organisation must not use or otherwise exploit any Images and/or Vision in any way that suggests any endorsement by, association with or sponsorship of RVL or the Race Clubs of or by any other person which, for the avoidance of doubt, includes use of a print or other copy of an Image and/or Vision in the same creative as the name, brand or logo of another person.
12.6. The Accredited Applicant must, and must ensure that their Media Organisation must, ensure that the frequency of updates from the Racecourse is reasonable for the purpose of News Reporting and does not approximate live or continuous coverage for the duration or a substantial period of the Race Meeting. In addition, and for the avoidance of doubt, the Accredited Applicant must not, and must ensure that their Media Organisation does not, use any Image or photographic material taken from a Race Meeting in a way that would simulate Video of a Race Meeting or part of a Race Meeting.
12.7. The Accredited Applicant must not, and must ensure that their Media Organisation does not:
12.7.1. make any alteration or addition to any Image and/or Vision that changes the true depiction of the image and/or vision captured, or permit any such alteration or addition to be made by any third party, including by incorporating any Image and/or Vision into any other materials (unless approved by RVL in writing);
12.7.2. act in relation to any Image and/or Vision in any way which is likely to directly or indirectly prejudice or adversely affect the reputation of RVL, Race Clubs or any person or organisation depicted in an Image and/or Vision, or of any sponsor, supplier, employee, contractor or other person associated with RVL, Race Clubs, the Racecourse or Race Meeting (including the Major Event Race Meetings) except to the extent required to present genuine News Reporting where the Image and/or Vision and accompanying content provides a fair, accurate and truthful representation of events; or
12.7.3. take, or assist any other person directly or indirectly to take, any action which may invalidate, prejudice or impair the rights of any of RVL, Race Clubs or any person or organisation depicted in an Image and/or Vision in relation to any Image/Vision.
13. Use of Attributes
13.1. The Applicant agrees that use may be made by RVL, Race Clubs and their commercial partners (including any official sponsor, official supplier, broadcaster or licensee) without compensation to the Applicant of any kind of the Applicant’s name, voice, image and/or likeness (including but not limited to video, audio and audio-visual recordings) at the Racecourse (including on vision screens throughout the Race Meetings) and/or commercially, throughout the world and in perpetuity, by any means.
14. Breaches
14.1. RVL may in its absolute discretion revoke, suspend or impose conditions upon an Accredited Applicant’s Journalist Media Pass if the Accredited Applicant in RVL’s opinion:
14.1.1. is not of good character or of good standing in their profession;
14.1.2. poses an unacceptable risk to the integrity of racing;
14.1.3. causes disharmony or conflict at any Racecourse, or interferes with any other person’s proper performance of their role at a Racecourse;
14.1.4. engages or has engaged in unlawful or anti-social conduct which constitutes harassment and/or hateful, abusive, bullying, threatening or other unacceptable behaviour whether in Social Media, at a Racecourse, or elsewhere;
14.1.5. fails to perform their media role in line with a relevant Code of Ethics;
14.1.6. at any time fails to observe any direction or instruction issued by RVL or by any of its Representatives, or any Stewards or Race Club Representatives;
14.1.7. poses safety and security concerns in Restricted Areas at a Racecourse generally or at any part of a Racecourse;
14.1.8. no longer performs media duties consistent with those outlined in their accreditation application; or
14.1.9. breaches any of the Terms and Conditions.
14.2. Where RVL considers or suspects that the Accredited Applicant is or may be in breach of these Terms and Conditions (or proposes to revoke, suspend or impose conditions on an Accredited Applicant’s use of the Journalist Media Pass for any reason), RVL will provide the Accredited Applicant with written notice which identifies the relevant issues or concerns.
14.3. The Accredited Applicant will then be provided with an opportunity to respond to the matters raised in the notice. If RVL requires a response within a certain time period, RVL will make that clear in its written notice to the Accredited Applicant. If the Accredited Applicant then fails to respond within that time period, RVL may make a decision without the Accredited Applicant’s views. RVL will consider all matters it determines relevant prior to making a decision whether or not to take action (including to issue a warning, or to suspend, revoke or impose conditions on the Journalist Media Pass).
14.4. In the event of a breach of any of these Terms and Conditions and/or the Journalist Media Pass is suspended or revoked, upon request by RVL, the Accredited Applicant shall immediately destroy or deliver the Journalist Media Pass to RVL.
14.5. The Applicant acknowledges and agrees that in the event RVL does suspend or revoke the Journalist Media Pass, that the Applicant is not entitled to any form of compensation.
15. Indemnity, Risk and Access
15.1. The Accredited Applicant indemnifies and holds harmless and will keep indemnified and held harmless, each of RVL, the Race Clubs and their respective Representatives from and against all Claims arising from or in connection with any breach of these Terms and Conditions or any other legal obligation by the Accredited Applicant and whether or not the Accredited Applicant was acting within the scope of any employment or engagement by any person.
15.2. The Applicant acknowledges and agrees that the Applicant shall move in and around the Racecourse(s), including the Horse Areas (if permitted access), at their own risk.
15.3. The Applicant agrees that the Journalism Media Pass does not permit the Applicant to attend a Racecourse as a spectator or to occupy any seat, corporate or members’ facility in the Racecourse that would normally be covered by a ticket or membership.
15.4. Access to the Racecourse will be refused and/or the Journalism Media Pass revoked if the Applicant, in the opinion of RVL, is noticeably under the influence of alcohol, narcotics, stimulants or any behaviour modifying substance, is behaving or is likely to behave violently, harmfully or in a manner contrary to public order, or if the Applicant’s appearance or behaviour negatively affects the public standing of the Race Meeting, Race Club, RVL or its Representatives.
16. Privacy
RVL may gather and process information provided by an Applicant or any other person in relation to the processing of an Accreditation Application and/or the administration or management of Journalist Media Passes and may share that information with Race Clubs and otherwise in accordance with RVL’s Privacy Policy and Privacy Collection Statement (accessible at https://www.racingvictoria.com.au/news-media/media-accreditation/privacy-collection-statement-journalist-media-pass-application). Any information collected by RVL will be handled in accordance with its Privacy Policy accessible at https://www.racingvictoria.com.au/privacy-policy.
17. Amendment
17.1. RVL reserves the right to modify these Terms and Conditions including, without limitation, modifying the Application Criteria with respect to the Journalist Media Passes.
17.2. RVL will use its best efforts to provide the Accredited Applicant with at least fourteen (14) days prior written notice of any material modifications.
17.3. Any modifications and amendments to these Terms and Conditions will become effective once published on the RVL Website.
17.4. If following the publication of any such variation the Accredited Applicant does not wish to be bound by these Terms and Conditions, the Accredited Applicant may notify RVL accordingly, and the agreement will be terminated.
18. Miscellaneous
18.1. Severability
If any part of these Terms and Conditions is found to be void, unlawful, or unenforceable then that provision will be deemed to be severable from these Terms and Conditions, and the severed part will not affect the validity and enforceability of any remaining provisions.
18.2 Relevant Jurisdiction
18.2.1 These Terms and Conditions are governed by and interpreted in accordance with the law of the State of Victoria, Australia; and
18.2.2 Any dispute arising out of these Terms and Conditions will be determined in the jurisdiction of the courts of the State of Victoria, Australia.
18.3 Times
All times published within are the times in Melbourne, Australia on the given day.
19. Hold on trust
To the extent that the Accredited Applicant enters into any obligation in relation to or in respect of any Race Clubs, or any Representative of RVL or a Race Club (the RV Entities), including any obligation to indemnify any of the RV Entities, RVL holds the benefit of that obligation on trust for and on behalf of the RV Entities, and may on behalf of the RV Entities take action directly against the Accredited Applicant in relation to any breach of such obligation or any other actionable conduct by the Accredited Applicants, notwithstanding that the RV Entities are not parties to this agreement.
20. Enquiries
All enquiries relating to a Journalist Media Pass should be directed to:
Racing Victoria Limited
Communications Department
400 Epsom Road, Flemington VIC 3031
Email: accreditation@racingvictoria.net.au
SCHEDULE A
Race Clubs relevant to Victorian Media Pass (Journalist)
Apsley Racing Club Inc
Ararat Turf Club Inc
Avoca Shire Turf Club Inc
Bairnsdale Racing Club Inc
Ballan Jockey Club
Ballarat Turf Club Inc
Benalla Racing Club Inc
Bendigo Jockey Club Inc
Burrumbeet Park & Windermere Racing Club Inc
Camperdown Turf Club Inc
Casterton Racing Club Inc
Colac Turf Club Inc
Coleraine Racing Club Inc
Cranbourne Turf Club Inc
Donald & District Racing Club Inc
Dunkeld Racing Club Inc
Echuca Racing Club Inc
Edenhope Racing Club Inc
Geelong Racing Club Inc
Geelong St Patrick’s Racing Club
Great Western Racing Club Inc
Gunbower Racing Club Inc
Hamilton Racing Club Inc
Horsham & District Racing Club Inc
Kerang Turf Club
Kilmore Racing Club Inc
Kyneton & Hanging Rock Racing Club
Latrobe Valley Racing Club Inc
Manangatang Racing Club Inc
Melbourne Racing Club
Mildura Racing Club Inc
Moe Racing Club Inc
Moonee Valley Racing Club
Mortlake Racing Club Inc
Mount Wycheproof & District Racing Club
Murtoa/Marma Racing Club Inc
Nhill & District Racing Club Inc
Pakenham Racing Club Inc
Penshurst & District Racing Club Inc
Sale Turf Club Inc
Seymour Racing Club Inc
St Arnaud Turf Club Inc
Stawell Racing Club Inc
Stony Creek Racing Club Inc
Swan Hill Jockey Club Inc
Tatura & Shepparton Racing Club Inc
Terang & District Racing Club Inc
Towong Turf Club Inc
Victoria Racing Club
Wangaratta Turf Club Inc
Warracknabeal Racing Club Inc
Warrnambool Racing Club Inc
Werribee Racing Club Inc
Wodonga & District Turf Club Inc
Woodford Racing Club Inc
Yarra Valley Racing Inc
SCHEDULE B
Race Clubs relevant to Country Media Pass (Journalist)
Apsley Racing Club Inc
Ararat Turf Club Inc
Avoca Shire Turf Club Inc
Bairnsdale Racing Club Inc
Ballan Jockey Club
Ballarat Turf Club Inc
Benalla Racing Club Inc
Bendigo Jockey Club Inc
Burrumbeet Park & Windermere Racing Club Inc
Camperdown Turf Club Inc
Casterton Racing Club Inc
Colac Turf Club Inc
Coleraine Racing Club Inc
Cranbourne Turf Club Inc
Donald & District Racing Club Inc
Dunkeld Racing Club Inc
Echuca Racing Club Inc
Edenhope Racing Club Inc
Geelong Racing Club Inc
Geelong St Patrick’s Racing Club
Great Western Racing Club Inc
Gunbower Racing Club Inc
Hamilton Racing Club Inc
Horsham & District Racing Club Inc
Kerang Turf Club
Kilmore Racing Club Inc
Kyneton & Hanging Rock Racing Club
Latrobe Valley Racing Club Inc
Manangatang Racing Club Inc
Melbourne Racing Club (Mornington Racecourse only)
Mildura Racing Club Inc
Moe Racing Club Inc
Mortlake Racing Club Inc
Mount Wycheproof & District Racing Club
Murtoa/Marma Racing Club Inc
Nhill & District Racing Club Inc
Pakenham Racing Club Inc
Penshurst & District Racing Club Inc
Sale Turf Club Inc
Seymour Racing Club Inc
St Arnaud Turf Club Inc
Stawell Racing Club Inc
Stony Creek Racing Club Inc
Swan Hill Jockey Club Inc
Tatura & Shepparton Racing Club Inc
Terang & District Racing Club Inc
Towong Turf Club Inc
Wangaratta Turf Club Inc
Warracknabeal Racing Club Inc
Warrnambool Racing Club Inc
Werribee Racing Club Inc
Wodonga & District Turf Club Inc
Woodford Racing Club Inc
Yarra Valley Racing Inc
The Category into which an Accredited Applicant falls will dictate what media activities that Accredited Applicant may engage in. The determination as to which Category an Applicant falls shall be at RVL’s absolute discretion.