CREDENTIAL USE CONDITIONS

A media credential is issued for the sole purpose of providing arena/venue access to an individual (“Bearer”) who is working on an assignment for a legitimate news organization or an authorized provider of game-related services (as employee or agent) in connection with the 2021 Women’s National Basketball Association (“WNBA”) pre-season, regular season and/or playoff home game(s) of the WNBA team specified on the front of the credential (each, a “Game” and collectively, the “Games”), and the events, activities, and interviews relating to such Game(s) or otherwise conducted by such team or the WNBA (each, an “Event” and collectively, the “Events”), and Bearer hereby represents that he or she is attending the Game(s)/Event(s) solely for such purpose.  This credential is non-transferable, and any unauthorized use of this credential or violation of its terms may subject Bearer and/or the assigning news organization to ejection from the arena/venue, revocation of the credential, denial of access to WNBA arenas/venues in the future, prosecution for civil or criminal trespass, and any other remedies available under law.

This credential and Bearer’s access to an arena/venue are subject to all safety and health requirements and policies, including requirements relating to face masks, put in place by the WNBA and the applicable team and arena/venue (all such safety and health requirements and policies, as they may be updated from time to time in the sole discretion of the team, the WNBA and/or the arena/venue, “Safety Requirements”).  Bearer acknowledges and agrees to comply with such Safety Requirements (including all requirements that must be satisfied prior to a Game/Event), and attendance at a Game/Event is conditioned on such compliance.

In addition, Bearer shall not attend a Game/Event if any one or more of the following is true on such day:

  • Within the prior 14 days, Bearer has returned a positive or inconclusive COVID-19 test result (unless, despite such result, Bearer has been cleared by a physician upon medical review of Bearer’s individual circumstances and in accordance with applicable standards established by the Centers for Disease Control and Prevention (“CDC”) and/or WNBA to discontinue isolation);
  • Within the prior 14 days, Bearer has been exposed to someone who returned a positive or inconclusive COVID-19 test result (including if Bearer was notified by a public health authority that Bearer came into close contact with an individual who tested positive for COVID-19), someone who was at the time of exposure experiencing symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, new loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the CDC), or any other person who is suspected of being infected with COVID-19, unless Bearer has recovered from prior COVID-19 infection within the past 90 days or Bearer is considered fully-vaccinated in accordance with applicable standards established by the CDC and/or WNBA;
  • Within the prior 14 days, Bearer has experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, new loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the CDC);
  • Within the prior 14 days, Bearer has travelled to a state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19; or
  • Bearer is subject to a government regulation requiring Bearer to quarantine (e.g., quarantine requirements in connection with travelling to or from certain jurisdictions).

Unless expressly authorized in writing by the WNBA, the use, distribution, exhibition, reproduction, adaptation, display, performance or publication in any form of any photograph, drawing, account (whether text, data or visual) or description of any Game/Event or any excerpt of any Game/Event, taken or made by Bearer or his or her assigning news organization, shall be limited to news coverage of that Game/Event by the assigning news organization to which this credential is issued.

Neither Bearer nor his or her assigning news organization shall be permitted to record, transmit, use or distribute any film, video or audio of any Game/Event (or any excerpts thereof), including but not limited to on a live streaming basis or in a high-speed sequential manner (e.g., animated .GIFs) so as to approximate video; providedhowever, that if the assigning news organization has been authorized by the WNBA to record, transmit or use film, video or audio excerpts of a Game/Event pursuant to the WNBA’s 2021 Video and Audio Highlights License (the “Highlights License”) or by separate written authorization from the WNBA, it may do so in accordance with the terms of the Highlights License or such separate written authorization.

All ownership, copyright and property rights in each Game/Event (including, without limitation, the statistics thereof) and in any telecast, broadcast, transmission or recording thereof shall remain the sole property of the WNBA, and no such rights are conferred to or intended to be conferred to, or created on behalf of, Bearer or any other person or entity by the issuance of this credential.

BEARER EXPRESSLY ACKNOWLEDGES AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE GATHER AND THAT NO PRECAUTIONS (INCLUDING THE SAFETY REQUIREMENTS DESCRIBED HEREIN) CAN ELIMINATE THE RISK OF EXPOSURE TO COVID-19.  COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH.  WHILE PEOPLE OF ALL AGES AND HEALTH CONDITIONS HAVE BEEN ADVERSELY AFFECTED BY COVID-19, CERTAIN PEOPLE HAVE BEEN IDENTIFIED BY PUBLIC HEALTH AUTHORITIES AS HAVING GREATER RISK BASED ON AGE AND/OR UNDERLYING MEDICAL CONDITIONS.

Bearer and his or her employer or assigning news organization:  (i) assume all risk incident to the performance of services by Bearer and assume all risk incident to Bearer’s attendance at Games/Events (including, without limitation, personal injury (including death), sickness (including illness and other risks of exposure to COVID-19, or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness), lost, stolen, damaged or confiscated property, and all other hazards arising from, or related in any way to, the Games/Events, whether occurring prior to, during or after a Game/Event), in each case, howsoever caused, whether by negligence or otherwise; (ii) agree to release, indemnify and hold harmless the WNBA, its teams, arenas/venues, and their respective affiliates, agents and employees from and against all claims, liability, loss, damage or expense resulting from or arising out of (x) Bearer’s presence at the arena/venue (which may include, without limitation, Bearer’s exposure to COVID-19), (y) Bearer’s acts or omissions or (z) the presence at an arena/venue of any cameras, wires, cabling or other equipment brought on the premises or used by Bearer; and (iii) grant permission to the WNBA, its affiliates and their respective designees to utilize without compensation Bearer’s image, likeness and/or voice in any photograph or live or recorded video or audio display or other transmission or reproduction of any Game/Event or in any excerpt thereof.

The Bearer and the Bearer’s belongings may be searched upon entry into an arena/venue and/or other security checkpoints, prohibited items (which may include, without limitation, bags) may be confiscated at the sole discretion of the WNBA, the applicable team and/or arena/venue, and the Bearer hereby consents to the foregoing and waives any related claims that might arise against the team, the WNBA or the arena/venue.  If Bearer elects not to consent, Bearer will be denied access to the arena/venue.

The WNBA or its designee may at any time revoke this credential and/or any of the rights granted hereunder for any reason in its sole discretion.  In case of any dispute regarding the terms and conditions of this agreement, New York law will apply (without regard to its choice-of-law principles).

Acceptance of this credential constitutes agreement by Bearer and his or her employer or assigning news organization to abide by the (i) foregoing conditions, (ii) conditions on reporting and transmitting updates regarding games in progress that are displayed in the arena/venue, (iii) WNBA Policy for Online Use by Media and the 2021 WNBA Season Media Availability Terms and Conditions, each of which can be found at the WNBA section at mediacentral.nba.com, and (iv) all health and safety protocols of the WNBA and the applicable team and arena/venue (including the Safety Requirements).

No autographs are allowed during media access periods.  Copying, duplicating or otherwise reproducing or distributing this credential or its image in any manner, in whole or in part, is strictly prohibited.

                                                         –WOMEN’S NATIONAL BASKETBALL ASSOCIATION