Media Accreditation

Introduction

Our Terms and Conditions surrounding the PTO and all owned and operated events are aimed to maximise distribution whilst ensuring that the commercial opportunities flow through the PTO with the intention of benefiting the sport of triathlon, PTO professional triathletes as well as those content creators contributing to the sport.

As demonstrated in the terms and conditions below we grant all third parties free editorial use. Terms and conditions for commercial use can also be found below. 

These terms and conditions set out the agreement between you and PTO Commercial Limited incorporated and registered in England and Wales with company number 12477232 whose registered office is at Scott House, Suite 1 The Concourse (Waterloo Station), SE1 7LY London, UK (“PTO”) that explains how you can use photos, video clips and other content (individually and collectively, “content”) which you access and license from the PTO via the PTO’s chosen delivery methods.

The Professional Triathletes Organisation (PTO) reserves all rights to PTO Tour events and the Collins Cup. All the content is therefore owned by the PTO. PTO owns all rights in perpetuity to all images, video, recordings and any manner of content recorded by anyone granted access to PTO Tour events or the Collins Cup. All rights not expressly granted in this agreement are fully reserved by the PTO.

As it pertains to any and all third parties, the PTO retains all rights to all content taken at PTO owned or operated events nonexclusively and in perpetuity. Any third-party commercial use of such content will require approval from the PTO. 

Editorial Purposes

The PTO grants free use of supplied assets for editorial purposes only. Use is predicated on crediting images and media in line with the Crediting Content clause below.

Following PTO Tour events it is requested that all media (accredited and non accredited, on site and virtual) submit a coverage report for your title/outlet to [email protected] in spreadsheet form detailing each piece of coverage (article & social media) published, date published, performance/stats (if available), link to coverage. 

Athlete Media Requests

For each PTO Tour event, all media and press (accredited and unaccredited) should arrange all athlete media requests through the PTO (Anthony Scammell) and not directly through the athlete or manager.

PTO reserves the right at anytime for any reason to remove accreditation/rights to access PTO events should they see fit. If PTO feels, for any reason, the terms have been breached they reserve the right to immediately request removal of images.

Commercial Purposes

Any content provided by the PTO is for editorial use only. Any party wishing to use the PTO content for commercial purposes must seek approval from the PTO in advance by contacting [email protected].

This includes but is not limited to use by any photographers/film crews; persons attending PTO events; use as part of an athlete camp; or use by freelancers.

The PTO are to be notified of any commercial opportunity relating to the content which, in the instance it generates revenue and at PTO’s sole discretion, PTO would seek to share the revenue generated with the content creator on a 50/50 basis.

Any third party seeking to capture and distribute content related to PTO owned and operated events must register with the PTO via the appropriate media accreditation form and deliver all content to the PTO at highest resolution and raw within 7 days of the event and or upon request. 

The PTO, at its sole discretion, will choose to tag or not tag photographers / organisations in communications using images. All distribution of photos shall be handled either directly through the PTO or with the approval of PTO. All images provided should have minimum meta tagging of Athlete Name, Event, Date.

These conditions are subject to change and relate to all future PTO owned or operated events. By agreeing to the Terms and Conditions on this website you are bound by and agree to the relevant Terms and Conditions of the PTO. These terms and conditions are subject to change without notice, from time to time at our sole discretion. We will notify you of amendments to these terms and conditions by posting them to this website. 

Drone Usage

No use of drones for any purpose including photo/video capture shall be allowed by any persons while on site at PTO Tour Events for 7 days up to and including the event’s final day of racing unless expressly approved by the PTO. Permission for drone usage can be sought by contacting [email protected]. 

Right To Request Removal Of Content

The PTO at its sole discretion reserves the right to immediately request removal of images relating to and not limited to the PTO, their owned and operated events, athletes, staff and any related third parties that may relate to them. Any such requests should be honoured without delay.

Crediting Content

Content used for editorial purposes must include a credit adjacent to the content or in production credits. The credit should be in the following form or as otherwise stipulated in the caption information accompanying the content provided via the PTO’s chosen delivery method: “Image courtesy of PTO”.

If licensed content is used in an audio/visual production where credits are accorded to other providers of licensed material, you must include a credit comparable in size and placement. The credit should be in the following form or as otherwise stipulated in the caption information accompanying the content provided via the PTO’s chosen delivery method: “Video courtesy of PTO”.

Where you have rights to post across social media channels and where relevant third party must tag the appropriate PTO account and credit: “Image courtesy of PTO”.

You may use the name of the PTO as necessary to give attribution.

The PTO asserts its moral right to be identified as the author of any intellectual property rights created and/or granted by the PTO to you under the terms and conditions of this agreement.

Prohibited Content Use

The following are prohibited without the prior written consent of the PTO, to be determined at its discretion, and/or payment of a licence fee to the PTO, namely:

No “On Demand” Products. You may not use content in connection with “on demand” products (e.g. products in which a licensed image is selected by a third party for customisation of such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items (this includes the sale of products through custom designed websites).

No Electronic Templates. You may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, and brochure design templates).

No Use in Trademark or Logo. You may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, trade name, business name, service mark or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by us, our partners, or the copyright owner of such content).

Use By Third Party Partners (Brands/Sponsors)

Partners should not contact photographers directly for any images as these are owned in perpetuity by the PTO.

If a partner wishes to bring any additional photographers/film crews, they must be approved in advance by the PTO’s Partnerships team and be in receipt of PTO accreditation. This also applies to any photographers/film crews attending with an athlete.

Any photographers/film crews appointed directly by a partner must receive accreditation approval before attending an event

If a partner has specific requests they must submit these to PTO’s Partnership’s Team 14 days prior to the event. Images shared on the media portal can be used by partners on their own social channels without any prior approval.

Any communications should be directed to Director of Partnerships Lucy Fitzgerald

General Provisions.

Termination. The PTO may terminate this agreement at any time if you breach any of the terms of this or any other agreement with the PTO, in which case you must immediately: cease using the content; you agree to remove any content from such platform or website and, if requested at any time after the termination of this agreement, delete or destroy any copies of the content and confirm to the PTO in writing that you have complied with these requirements.

Content Withdrawal. In the event that PTO reasonably believes [the media outlet] is in breach of [relevant Ts and Cs] the [media outlet or its clients or distributors] shall, should PTO so request, take down any imagery previously cleared for use by PTO. 

Confirmation of Non-Infringement. For all licensed content, the PTO confirms that your use of content in accordance with this agreement and in the form delivered by the PTO (that is, excluding any modifications, overlays or refocusing done by you) will not infringe on any copyrights or moral rights of the content owner/creator.

Disclaimer. Unless specifically confirmed above, the PTO does not grant any right or make any warranty with regard to the use of names, people, trade marks, trade dress, logos, registered, unregistered or copyrighted audio, designs, works of art or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content, and you are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for content identified as “editorial,” and that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release. You are also solely responsible for payment of any amounts that may be due under, and in compliance with any other terms of, any applicable collective bargaining agreements as a result of your use of the licensed content.

Caption/Metadata Disclaimer. While the PTO has made reasonable efforts to correctly categorise, keyword, caption and title the content, the PTO does not warrant the accuracy of such information, or of any metadata provided with the content.

No Other Warranties. Except as provided in this section above, the content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. The PTO does not represent or warrant that the content or the Media Portal will meet your requirements or that use of the content or the Media Portal will be uninterrupted or error free.

Indemnification of the PTO by you. You agree to defend, indemnify, and hold harmless the PTO and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors, and employees from all damages, liabilities, and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with (i) your use of any content outside the scope of this agreement; (ii) any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this or any other agreement with the PTO; and (iii) your failure to obtain any required release for your use of content.

Indemnification of you by the PTO. Provided that you are not in breach of this or any other agreement with the PTO, and as your sole and exclusive remedy for any breach of the warranties set forth in Section 7 above, the PTO agrees, subject to the terms of this Section 8, to defend, indemnify, and hold harmless you, your corporate parent, subsidiaries, and affiliates, and each of your respective officers, directors, and employees from all damages, liabilities, and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with any breach or alleged breach by the PTO of its warranties in Section 7 above. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the content or the context in which the content is used by you. This indemnification also does not apply to your continued use of content following notice from the PTO, or upon your knowledge, that the content is subject to a claim of infringement of a third party’s right.

The party seeking indemnification must promptly notify in writing the other party about the claim. The indemnifying party (the one covering the costs) has the right to assume the handling, settlement, or defence of any claim or litigation. The indemnified party (the one not covering the costs) has to cooperate in any way reasonably requested by the indemnifying party. The indemnifying party will not be liable for legal costs including attorney fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.

Limitation of Liability.

Unless agreed otherwise in writing, the maximum liability of the PTO to you arising by reason of or in connection with the supply of the content and/or access to the Media Portal shall be limited to an amount of £100 (“Capped Amount”). The PTO shall not in any event be liable to you for: (i) any direct loss in excess of the Capped Amount; or (ii) any corruption to data or any indirect or consequential loss whatsoever even if you have been advised of or should reasonably know of the possibility of such loss. Nothing in this agreement shall exclude or limit the liability of PTO for death or personal injury due to negligence or for fraud. This does not affect your statutory rights.

THE PTO WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF THE PTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.

Data Protection. The PTO collect information about you when you enter the Media Portal. The PTO aim to collect the minimum personal information necessary to provide the Media Portal. Our Privacy Notice shall apply in addition to this agreement.

Third Party Rights. This agreement shall not confer a benefit on any third party and the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.

Assignment. This agreement is personal to you and is not assignable by you without the PTO’s prior written consent to be determined in its discretion. The PTO may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest. The rights granted to you are person, non-transferable and non-sub licensable, meaning that you cannot transfer or sublicense them to anyone else without the express written permission of the PTO in advance, to be determined in its discretion

Electronic storage. You agree to retain the copyright symbol, the name of the PTO, the content’s identification number and any other information or metadata that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorised use by third parties. You may make one (1) copy of the content for back-up purposes.

Severability. If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.

Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.

Notice. All notices required to be sent to the PTO under this agreement should be sent via email to [email protected]. All notices to you will be sent via email from the email set out in your account.

Governing Law. This agreement shall be governed by and construed in accordance with the laws of the England. Any dispute arising under these terms shall be subject to the exclusive jurisdiction of the English courts.