Terms and Conditions for Media Coverage

In consideration of being granted credentials for access to the 2022 Hmong Nouveau Fashion Show & Concert you expressly agree to the terms and conditions set forth below (the “Agreement”). Please read these terms and conditions carefully. If you do not agree to these terms and conditions do not enter the premises of the 2022 Hmong Nouveau Fashion Show & Concert.

1. Hmong Nouveau will provide credential(s)  necessary for You (by you, this includes your team) to gain access to media areas for the sole and exclusive purpose of providing legitimate media reporting of the 2022 Hmong Nouveau Fashion Show & Concert. Time, area, and scope of access will be at the sole discretion of Hmong Nouveau. Credential(s) and access may be revoked at any time by Hmong Nouveau with or without cause, and Hmong Nouveau shall have no liability to You whatsoever should Hmong Nouveau revoke such access. You agree not to attempt to gain access to any area other than those designated for media and to which You have expressly been granted access. You agree to confine Your work to obtain interviews or to shoot stills and video only to those locations within the designated media areas for which You have been specifically assigned for that work. Should You be found using a camera in an unauthorized area, You shall be subject to confiscation of the camera and revocation of Your credentials. This credential is non-transferable.
2. The use, distribution, exhibition, reproduction, adaptation, display, performance or publication of any accounts, descriptions, pictures, photographs, video or audio recordings, reproductions of, or other information concerning the 2022 Hmong Nouveau Fashion Show & Concert (the “Event”) for purposes other than for news & media coverage of Hmong Nouveau Fashion Show & Concert, or for First Amendment-protected purposes (as applicable), is prohibited, except (a) with the prior written consent of Hmong Nouveau or (b) as specifically licensed herein. Nothing in these terms and conditions authorizes or allows You to violate any of the Hmong Nouveau trademarks, copyrights, or other proprietary rights.
3. You shall obtain all necessary licenses, consents, or releases permitting the use of any party’s proprietary material, including, but not limited to any party’s copyrights, trademarks, rights of publicity, rights of privacy, or other proprietary of personal rights, however, denominated included in any photograph taken or other material obtained in connection with the credential. You are solely responsible for determining which licenses, consents, and releases shall be obtained. You agree to indemnify and hold harmless Hmong Nouveau, the venue (The Armory), and its officers, agents, contractors, and employees from and against any and all liability loss, damage, or expense (including reasonable attorneys’ fees and expenses) arising out of or relating to: (a) the issuance of the credential; (b) Your presence at the Event; (c) any other activity of the accredited agency or You in connection with the Event, including without limitation, any claims that the Event Information taken or compiled by You that infringes the intellectual property rights, publicity rights or other rights of any third party’s copyrights, trademarks, rights of publicity, rights of privacy, or other proprietary of personal rights, however, denominated; and (d) the presence on the premises of any cameras, wires, cable or other equipment brought thereon by You.
4. Secondary use of any picture, audio description, videotape/film, or drawing of the 2022 Hmong Nouveau Fashion Show & Concert taken or made by You (including, but not limited to, use in delayed editorial or non-editorial, advertising, sales promotion, or merchandising) is prohibited without the prior specific written approval of Hmong Nouveau. You understand and acknowledge that you cannot sell, vend, or license Hmong Nouveau Fashion Show & Concert footage or photographs in any way, absent a licensing agreement with Hmong Nouveau.
5. You understand and acknowledge that You are solely responsible to relay these guidelines to all persons with whom You have allotted credentials and/or those persons who are under Your control.
6. You agree and acknowledge that Hmong Nouveau has not made any warranty or representation whatsoever, express or implied, with respect to the Hmong Nouveau or any clips, recordings, and/or stills, or Your use of them.
7. You agree to take all reasonable steps to maintain the security of any clips and stills obtained or possessed by You within the scope of this agreement, including but not limited to physically securing the footage, film, and/or data, and employing technology to assure that unauthorized reproduction, transfer, or use of such material is prevented, particularly with respect to any broadcast, display, or other use made on the internet.
8. Neither party shall be liable for any delay or failure to perform its obligations hereunder resulting from any cause beyond such party’s reasonable control, including but not limited to acts of God, acts of war, terrorism, weather, fire, explosions, floods, earthquakes, strikes, work stoppages, slowdowns or other industrial disputes, accidents, riots or civil disturbances, acts of government, and dangerous conditions that pose a threat to either party’s personnel.
9. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. In the event litigation is necessary to enforce this Agreement, the venue shall be proper in any court of competent jurisdiction located in RAMSEY COUNTY, MN. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements, oral and written, relating hereto. This Agreement may not be amended except in a writing signed by both parties. This Agreement may not be assigned without the prior written consent of the other party. If any provision of this Agreement is found to be unenforceable, that provision will be severed and the remainder of this Agreement will continue in full force and effect.
10. You agree that You have read and understand all of the above mentioned terms and conditions for credentialed media and hereby agree to abide by these guidelines. You hereby acknowledge that any violations of these guidelines will result in the revocation of Your credential(s) and removal from the Event and may result in legal action being taken against You.