Boneo Park Equestrian Centre. Media Accreditation Policy

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1 Boneo Park Equestrian Centre Media Accreditation Policy

2 Table of Contents 1. Purpose Definitions Application Application of Policy Accreditation Process Term Media Accreditation Removal of Accreditation Display of Media Accreditation Licence to BPE Release and Indemnity Media Rights Media Recording Obligations Consent... 3 Schedule 1 BPE Media Guidelines Introduction Guidelines... 4 Media Accreditation Form... 5

3 1. Purpose Boneo Park Equestrian (BPE) is a family run equestrian event and agistment facility, we regularly host international, national and local competitions including Dressage, Show jumping, Combined Training, Interschool, Pony Club and Horse Riders Club(s). Our mission is to provide a facility and service that promotes excellence and sets new standards in equestrian sport. BPE recognises that recording of media at Events is an important part of equestrian sport and that to record those events, special access is often required at Events. The purpose of this Policy is to: a) Provide a process for issuing individuals with Media Accreditation. b) Outline BPE requirements for all individuals with Media Accreditation. c) Give guidance to individuals who attend Events. 2. Definitions Capitalised terms used in this Policy have the meanings stated below unless stated otherwise: a) BPE Media Guidelines means the guidelines stated in schedule 1. b) Media Accreditation means an accreditation issued by BPE to an individual in accordance with this Policy. c) EA means Equestrian Australia. d) FEI means the Federation Equestre Internationale. e) Policy means this BPE Media Accreditation Policy as amended from time to time. 3. Application 3.1 Application of Policy This Policy applies to those applying for, holding or who have held Media Accreditation. It may be amended from time to time by BPE. BPE may, in its sole discretion, delegate any or all of its powers under this Policy, including but not limited to the power to adopt, apply, monitor and enforce this Policy. 4. Accreditation 4.1 Process a) Individuals may apply to obtain Media Accreditation at any time. b) Applications are to be made to the Event Manager at BPE. c) Applications must be made on the BPE Media Accreditation application form and must comply with any requirements stated on that form or otherwise published by BPE. d) BPE may from time to time set a fee for issuing Media Accreditation to an individual. Where a fee is set by BPE, an application for Media Accreditation will not be processed, valid or accepted by BPE until that fee is received by BPE. The fee, once paid, will only be for a 12 month period. e) Applications for Media Accreditation will be considered by BPE. BPE may ask applicants to submit further information or materials to that which is included in an application. f) BPE has the sole discretion to accept, vary or reject any application for Media Accreditation in part or in full. Matters which BPE may take into consideration in considering an application include but are not limited to the following: (i) whether an applicant is a fit and proper person; (ii) past history of compliance with BPE rules, policies and regulations; (iii) whether an applicant has an actual or perceived conflicts of interest; and (iv) the individual s qualifications and previous work.

4 4.2 Term a) Where an application is accepted by BPE, the applicant will obtain Media Accreditation from BPE for a 12 month period from acceptance by BPE. b) Media Accreditation (and associated tabards or other items issued with that Media Accreditation) is not transferrable or able to be sold. Individuals issued with Media Accreditation must ensure that their accreditation is not used by other individuals. 4.3 Media Accreditation An individual holding Media Accreditation is not entitled to any certain access or rights at an Event solely on the basis of Accreditation. Rights and access at an Event remain at the discretion of the Event organiser. Holding BPE Media Accreditation does not ensure access to all BPE Events, BPE reserves the right to grant exclusivity to a Media Organisation. 4.4 Removal of Accreditation BPE may, in its sole discretion, remove or vary an individual s Media Accreditation at any time for a breach of this Policy or any other policy, regulation or rule issued or published by BPE, EA or FEI (including Social Media Policies). 4.5 Display of Media Accreditation When at an Event, individuals with Media Accreditation who are making recordings must wear a valid and current lanyard issued by BPE at each Event and not wear that lanyard: a) in a year in which it is not valid; or b) where the individuals Media Accreditation has been removed by BPE or not renewed. 4.6 Licence to BPE Individuals with Media Accreditation give BPE a licence to use, reproduce and modify any recordings they have made at an Event (including any publications or reproductions of those recordings) (Event Media) for the purposes of BPE operations. BPE will not seek to commercialise any Event Media for profit unless otherwise agreed. In relation to any Event Media, individuals with Media Accreditation will within a reasonable period of time of receiving a request by BPE: a) deliver that Event Media to BPE within a reasonable period of time; and b) cover the reasonable costs of complying with BPES request. 4.7 Release and Indemnity In both applying for and in using any Media Accreditation, all individuals agree: a) that equestrian sport is an inherently dangerous activity; and b) to assume all risk of loss or damage in attending an Event. 5. Media Rights Media Accreditation does not guarantee entry to an Event. Individuals with Media Accreditation may be granted access and other rights and privileges to make a recording at an Event which are not normally available to spectators at that Event. The organiser of an Event has the sole right to determine what access and other rights and privileges may be granted to individuals with Media Accreditation. Holding BPE Media Accreditation does not ensure access to all BPE Events, BPE reserves the right to grant exclusivity to a Media Organisation. 6. Recording Obligations Individuals at an Event must: c) comply with the BPE Media Guidelines;

5 d) take all necessary steps to ensure their own safety and the safety of those around them; and e) comply with all: (i) policies, procedures, rules and regulations of BPE and the Event; (ii) directions issued by officials; and (iii) laws. 7. Consent (a) It is the responsibility of individuals at an Event to ensure at all times that they have necessary consent as required at law from all individuals (and potentially guardians where an individual is under the age of 18) in a recording before using that recording. (b) Individuals at an Event should pay particular regard to recordings which may be used for commercial purposes, where the subject is under the age of 18 or where the subject may consider that a recording is potentially or actually: (i) unwarranted or intrusive; (ii) indecent; or (iii) defamatory. This policy was issued on 5 September 2016.

6 Schedule 1 BPE Media Guidelines 1. Introduction BPE recognises the value of recordings which are made of Events and has created BPE Media Accreditation Policy (Policy). These BPE Media Guidelines form part of that Policy and is intended to set out some basic guidelines for individuals attending Events. 2. Guidelines Individuals at Events must at all times: a) follow the rules and regulations in relation to an Event and: (i) contact the Event Manager well in advance of the Event to discuss their attendance and attend any relevant briefings organised at an Event; (ii) only be positioned where permitted by the Event and not in any prohibited areas; (iii) comply with all policies, rules and regulations of BPE, EA and FEI and directions given by officials; and (iv) comply with all signage, barriers and other markers noting where individuals should or should not be; b) be aware that horses competing in an Event may: (i) spook and become unpredictable (ii) not stay within the designated arenas or course; and (iii) dislodge safety barriers or other objects around them; c) be aware of their own safety and: (i) remain on their feet and not lie or sit down; (ii) stand where they can easily move in the event of an incident and avoid standing in front of embankments, culverts, walls, etc; (iii) wear appropriate protective clothing (i.e. boots etc.) and must wear at all times a High Vis Vest (PPE); (iv) remain behind first lines of protection (i.e. fences and barricading); (v) must be a minimum of ten (10) meters from arenas; (vi) never step onto an arena or other place where horses may be spooked by your presence; (vii) must not use a flash; (viii) must ensure camera motor drive noises are minimised; (ix) not create a hazard or risk to others; and (x) not obstruct signs and other items which have been put in place for the safety of the Event: d) know that their awareness of their surroundings may be affected when using a camera or other media device and ensure that they: (i) stay alert; (ii) are aware of their environment and their restricted peripheral vision and hearing when using some devices; and (iii) ensure that they have a clear line of sight of horses and other hazards; e) be courteous and: (i) be respectful of those around them and in the recordings that they make; (ii) not intentionally make recordings which are: A. unwarranted or intrusive; B. illegal; C. indecent (such as up skirt or downblouse photographs taken covertly in change rooms, toilets or other invasions of privacy); D. being used for voyeurism or made for the purpose of observing and visually recording the other person s genital or anal region; E. of a critical incident (unless directed to do so by an official); F. protected by a court order (e.g. child custody or witness protection); or G. defamatory; (iii) cooperate with other media; and (iv) not bring BPE or the equestrian sport into disrepute; and f) be careful in recording and using images of children at Events and comply with the guidelines issued in relation to images of children by the Australian Sports Commission ( ction/guidelines_use_children_images/images_of_children).

7 Media Accreditation Form All fields are required to be completed in order for BPE Media Accreditation application to be processed. Applicant Details Please tick the applicable boxes below: o Photographer/photo journalist o Videographer / video journalist o Journalist o New Applicant o Renewal Personal Details First Name: Surname: Address: Phone Number: Accident Mobile Number: Website: Organisation: IMPORTANT INFORMATION All applying for BPE Media Accreditation must read the BPE Media Accreditation policy on the BPE website o Applications / Renewals will not be processed without having read the policy and ticked this box. New Application Selection Criteria To apply for Accreditation you must supply: Five (5) High resolution images of horses in action (hosted externally via DropBox). Present a current police check for sighting. Applicants that include at least one reference/references from a full time employer, contractor, equestrian club or other source will be looked upon favourably, however this is not mandatory. One (1) passport style phot of yourself for use on your ID card (digital only, physical photographs will not be accepted). One (1) example of published work. A brief overview of the events you intend to attend. All material must be sent to events@boneopark.com.au Fees and Charges Photographers and Videographers annual charge Journalist Media Accreditation Free of Charge Free of Charge Applicants who select journalist only are exempt from payment, and are not covered as a Photographer or Videographer.

8 Payment (if applicable) Paying By (please tick appropriate box): o Cash (only if paying in person at BPE Office) o Credit Card (please complete details below): Card Type: o Visa o Master Card Card Number: Expiry Date: / Name on Card: Signature: All decisions made by the BPE Event Management are final and will not be entered into. completed application forms, with your passport photo and link to a folio of work attached to Events@boneoparkc.om.au

9 Risk Warning and Disclaimer Equestrian Activities are inherently dangerous recreational activities and there is significant risk of injury, disability or death. If you do not wish to be exposed to such risks, then you should not participate in the Equestrian Activities. I acknowledge that: the risks associated with attending or participating in Equestrian Activities include but are NOT LIMITED to the risk that I may suffer harm as a result of: horses colliding with obstacles or persons or property; others participants acting dangerously or with lack of skills; acts of violence and other harmful acts (whether intentional or inadvertent) committed by persons attending or participating in the event; and the failure or unsuitability of facilities (including grand-stands and fences) to ensure my safety. EXCLUSION OF LIABILITY, RELEASE & INDEMNITY In exchange for being able to attend or participate in the Equestrian Activities, I agree: to release BPE and the Entities to the extent that any or all of them are providing Recreational Services from all liability for: my death; any physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); the contraction, aggravation or acceleration of a disease; the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: o that is or may be harmful or disadvantageous to me or the community; or o that may result in harm or disadvantage to me or the community, howsoever arising from my participation in or attendance at the Equestrian Activities; o o I understand that: to indemnify and hold harmless and keep indemnified BPE and the Entities to the maximum extent permitted by law in respect of any Claim by any person; and to attend at or participate in the Equestrian Activities at my own risk. nothing in this document excludes, restricts or modifies any rights that I may have as a result of significant personal injury that is caused by the Reckless Conduct of BPE and the Entities as the supplier of the Equestrian Activities / Recreational Services; nothing in this document prevents the Entities from relying on any laws (including statute and common law) that limit or preclude their liability; nothing in this document excludes any term or guarantee which under statute cannot be excluded; however the liability of the Entities is limited to the minimum liability allowable by law; WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you: are rendered with due care and skill; are reasonably fit for any purpose which you either expressly or by implication, make known to the supplier; and might reasonably be expected to achieve any result you have made known to the supplier. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier s part. Gross negligence in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

10 Fit and Proper Person I acknowledge and agree that it is a fundamental condition of issue of this accreditation and its continuing validity that I: have advised BPE in writing of any act, omission, fact or circumstance which may affect my ability to be and remain a fit and proper person to hold this accreditation and exercise the duties and privileges that relate to it; have advised BPE in writing if I have been found guilty of or charged with any serious or indictable criminal offence or of or with any sexual offence (unless this is a spent or annulled 1 conviction); and undertake to advise BPE immediately in writing upon any court of competent jurisdiction making any such finding, or upon being charged with any such offence. I acknowledge and agree that BPE may, in its absolute discretion, cancel, suspend or withdraw this accreditation at any time should it form the view that I may not be or am not a fit and proper person to hold this licence and/or exercise any of the duties and/or privileges that relate to it, without ascribing any reason or holding any hearing. Declaration I accept the conditions of, and acknowledge the risks arising from, attending or participating in Equestrian Activities being provided by BPE and the Entities. I agree to be bound by the rules, regulations and policies of BPE at all times as a condition of continuing to hold accreditation. The information I have entered into this form is true and correct and I will advise BPE immediately if any of the information I have given is no longer true and correct. I have read, understood, acknowledge and agree to the above including the exclusion of statutory guarantees, warning, assumption of risk, release and indemnity. Signed: Date: 1 As determined by the Crimes Act 1914 (Cth), Criminal Records Act 1991 (NSW), Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld), Spent Convictions Act 2000 (ACT), Criminal Records (Spent Convictions) Act 1992 (NT), Spent Convictions Act 1988 (WA) and/or the Annulled Convictions Act 2003 (Tas) (including their successors and replacements.)

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