2023/24 TERMS AND CONDITIONS – VICTORIAN RACING PHOTOGRAPHY ACCREDITATION

1. Definitions and Interpretation
1.1. 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 Photography Pass subject to these Terms and Conditions.

Accredited Photographer means a Successful Photographer on behalf of whom an Applicant has been issued a Photography Pass.

Annual Country Photography Pass means a Photography Pass issued for the duration of the Racing Year that permits an Accredited Photographer to enter and only take Images from general public and Restricted Areas during applicable Race Meetings at the Race Clubs listed in Schedule B on behalf of the Applicant in accordance with these Terms and Conditions and for the Applicant to publish those Images in any Approved Editorial Channel.

Annual Victorian Photography Pass means a Photography Pass issued for the duration of the Racing Year that permits an Accredited Photographer to enter and only take Images from general public and Restricted Areas during applicable Race Meetings at the Race Clubs listed in Schedule A on behalf of the Applicant in accordance with these Terms and Conditions and for the Applicant to publish those Images in any Approved Editorial Channel.

Applicant means the Media Organisation that makes an Accreditation Application.  References in these Terms and Conditions to the Applicant are to be read as including the Applicant in its capacity as the Accredited Applicant, if its Accreditation Application is approved by RVL.

Application Form means the 2023/24 Photography Pass Application Form that RVL makes available online to enable Applicants to make an Accreditation Application.

Approved Editorial Channel means an Editorial Channel in which an Applicant may publish Images taken by an Accredited Photographer, as approved in writing by RVL in its sole discretion from time to time.

Breeders means any individual or business (including stud farms) involved in the breeding and/or selling of thoroughbred racehorses.

Casual Photography Pass means a Photography Pass issued for specified Race Meetings (as agreed between RVL and any relevant Race Club) confirmed in writing by RVL that permits an Accredited Photographer to enter and only take Images from general public and Restricted Areas during the specified Race Meetings at a Race Club on behalf of the Applicant in accordance with these Terms and Conditions and for the Applicant to publish those Images in any Approved Editorial Channel.

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 COVID-19 related restrictions, obligations, 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. 

Editorial Channel means news websites, newspapers, magazines and like publications and periodicals, radio and television broadcasters operated by a Media Organisation containing news, editorials and feature articles or commentary,  specified by an Applicant in the 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 dominate purpose for which is, form analysis will not be considered an Editorial Channel).

Editorial Photography Criteria means the criteria relied upon by RVL from time to time for determining accreditation and issuance of a Photography Pass to an Applicant on behalf of a Nominated Photographer, and maintaining compliance with professional standards by an Applicant and Accredited Photographers, which without limiting RVL’s discretion, may include:
(a) the scale of the Applicant’s proposed Editorial Channels’ client base and reach;
(b) the need to ensure representation across international, national and local media organisations;
(c) that the Nominated Photographer or Accredited Photographer (as applicable) is a fit and proper person in terms of their character and professionalism in the performance of their media role;
(d) that the Nominated Photographer or Accredited Photographer (as applicable) will fully respect the rights of persons who have been authorised to enter a Racecourse (in particular, the Restricted Areas) and that neither the person’s presence or actions will cause, or will likely cause, disharmony or conflict in the workplace, diminish the well-being of others, or interfere with any racing participant’s proper performance of his or her role.  For the avoidance of doubt, any unlawful or anti-social conduct of the Nominated Photographer or Accredited Photographer (as applicable) which constitutes harassment, hateful, abusive, bullying or threatening behaviour whether at the Racecourse, in Social Media or elsewhere, is unacceptable;
(e) that the Applicant and the Nominated Photographer or Accredited Photographer (as applicable) will not pose an unacceptable risk to the integrity of racing;
(f) that the Nominated Photographer or Accredited Photographer (as applicable) will at all times observe any direction or instruction issued by RVL staff (including the Stewards); 
(g) safety and security concerns in Restricted Areas at Racecourses;
(h) issues of space at Racecourses (in particular, the Restricted Areas);
(i) the willingness of the Applicant, Nominated Photographer, Successful Photographer or Accredited Photographer (as applicable) to abide by these Terms and Conditions;
(j) the Applicant and its Nominated Photographer’s past history with regard to compliance with these Terms and Conditions;
(k) relevant experience of the Nominated Photographer (for example, the Nominated Photographer’s history of publication of Images taken by him or her in Editorial Channels); and
(l) any other consideration that RVL in its discretion considers relevant.

Event Venue has the meaning given in clause 4.1.

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.

Major Event Race Meetings means the four Race Meetings constituting the 2023 Melbourne Cup Carnival (which will take place at Flemington Racecourse), the 2023 Cox Plate Carnival (which will take place at Moonee Valley Racecourse) and any other Race Meeting 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. 
For the avoidance of doubt, Breeders, Sale Companies, Trainers and Promoters are not Media Organisations.

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. 

News Reporting means the reporting of news content by a Media Organisation at a Race Meeting conducted by a Race Club (including text, data, Vision or photography and any combination of these) and for the avoidance of doubt, does not include any form preview/review or like content.

Nominated Photographer means a photographer employed or engaged by the Applicant and for whom the Applicant has applied for a Photography Pass. 

Photography Pass means a photography pass (including an Annual Victorian Photography Pass, Annual Country Photography Pass or Casual Photography Pass) that permits an Accredited Photographer to enter and only take Images from general public and Restricted Areas during applicable Race Meetings on behalf of the Applicant in accordance with these Terms and Conditions and for the Applicant to publish those Images in any Approved Editorial Channel. 

Prohibited Media Activities has the meaning given in clause 6.3.

Promoter has the same meaning as in the Rules of Racing.

Race means a thoroughbred or other horse race held at a Race Meeting which is run under the Rules of Racing.

Race Clubs means the Victorian thoroughbred racing clubs listed in Schedule A.

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 Year means the period from 1 August 2023 to 31 July 2024.

Representative of a party means the party’s officers, employees, agents and contractors.

Restricted Area includes members’ areas, the press room, the scales precinct, Horse Area(s) 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).

Rights Holder means the entity that holds the right granted by (among others) the Race Clubs to access the Racecourses during Race Meetings for the purpose of taking Images.

Rules of Racing means the rules of racing lawfully made and adopted by RVL from time to time.

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 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/.

Sale Companies includes William Inglis & Son Ltd and Magic Millions Sales Pty Ltd.

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) websites;
(f) “comments” sections attached to online articles; and 
(g) any form digital or online media, which allows any person or entity to upload or share content.  

Steward has the same meaning as in the Rules of Racing.

Successful Photographers means Nominated Photographers which have been approved for a Photography Pass by RVL subject to meeting the requirements of clause 3.1(i) and subject to the completion of any other essential training modules as notified by RVL.

Terms and Conditions means these Victorian Racing Photography Accreditation terms and conditions, as may be amended from time to time by RVL in accordance with clause 12.

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.

1.2. Interpretation
In these Terms and Conditions, unless the context indicates a contrary intention:
(a) words denoting the singular number include the plural and vice versa;
(b) words denoting individuals, persons, associations, clubs, societies and corporations include a reference to each and every one of them;
(c) headings are for convenience only and do not affect interpretation;
(d) 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;
(e) 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;
(f) words denoting any gender include all genders;
(g) if a word or phrase is defined cognate words or phrases have corresponding definitions;
(h) 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
(i) 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.

1.3. Formation of agreement
(a) When an Applicant makes an Accreditation Application, an agreement is established between the Applicant and RVL, consisting of these Terms and Conditions.
(b) When a Nominated Photographer becomes, at RVL’s absolute discretion, a Successful Photographer or an Accredited Photographer, an agreement is established between RVL and each such Successful Photographer or Accredited Photographer, as applicable.

2. Raceday Accreditation
2.1. A Photography Pass allows an Accredited Photographer access to applicable Racecourses for the Race Meetings to take Images on behalf of the Applicant. The Applicant will only be permitted to publish Images taken by an Accredited Photographer in the Approved Editorial Channels. Additional accreditation for the Major Event Race Meetings must be arranged directly with the relevant Race Club in accordance with these Terms and Conditions.  

2.2. There are four types of raceday accreditation:
(a) Annual Victorian Photography Pass issued by RVL;
(b) Annual Country Photography Pass issued by RVL;
(c) Casual Photography Pass issued by a Race Club; and
(d) Major Event Race Meeting accreditation issued by a Race Club.

2.3. Applicants must apply to RVL for the following types of accreditation:
(a) Annual Victorian Photography Pass;
(b) Annual Country Photography Pass; or
(c) Casual Photography Pass.

2.4. Applicants must apply directly to the relevant Race Club for any additional Major Event Race Meeting accreditation. Where you apply to a Race Club for any additional Major Event Race Meeting accreditation, you consent to RVL disclosing your accreditation status (and, where relevant, any information provided to RVL in connection with your Accreditation Application) under these Terms and Conditions to the relevant Race Club to assist with the processing of your Major Event Race Meeting accreditation application by that Race Club. 

2.5. Accredited Photographers must successfully complete any training modules specified in these Terms and Conditions and as otherwise required from time to time by RVL.

3. Acknowledgements
3.1. The Applicant and each Nominated Photographer and Successful Photographer acknowledge and agree (insofar as the below is relevant to each of them):
(a) to be bound by these Terms and Conditions; 
(b) that an application is no guarantee of accreditation or that a Photography Pass will be issued or that a proposed Editorial Channel will be approved by RVL;
(c) that for an application to be considered by RVL, it must be completed in full by an authorised representative of the Applicant (Authorised Representative) and prior to submitting the form the Authorised Representative must warrant that it has the power and authority to submit the application on behalf of the Applicant, including the power and authority to bind the Applicant to these Terms and Conditions;
(d) that an Applicant must list all Editorial Channels in which it proposes to publish an Accredited Photographer’s Images. Editorial Channels are subject to approval by RVL;
(e) that RVL retains sole and absolute discretion when determining whether to issue a Photography Pass to a Nominated Photographer on behalf of an Applicant and is not obliged to provide any reasons for its decision;
(f) that RVL retains sole and absolute discretion when determining what type of Photography Pass it may issue to an Applicant on behalf of a Successful Photographer and is not obliged to provide any reasons for its decision;
(g) that RVL may in its absolute discretion have regard to the Editorial Photography Criteria and any further conditions that it determines are reasonable in the circumstances when assessing an application and considering whether to issue a Photography Pass to an Applicant;
(h) that Applicants and Successful Photographers will be provided with: 
i. information on how the relevant Successful Photographers can access a compulsory online Safe Work for Photographers Induction; and 
ii. information on how the relevant Successful Photographers can confirm to RVL they have read and accept these Terms and Conditions online. 

Only upon successful completion of (i) and (ii) above, will the relevant Photography Pass be made available to the Successful Photographer on behalf of the Applicant (thereby becoming an Accredited Photographer):

RVL will issue Annual Victorian and Annual Country Photography passes, while Casual Photography passes will be issued by the relevant Race Club. If required, a coloured vest, armband or other form of identification may also be issued by RVL and/or Event Venue (as the case may be) to an Accredited Photographer to denote their accreditation which must be worn and/or visibly displayed while on a Racecourse. If an Accredited Photographer fails to produce their Photography 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; 

(i) that use of the Photography 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;

(j) that Accredited Photographers must advise RVL as soon as possible in the event of loss, theft or unauthorised use of their Photography Pass and theAccredited Photographer is liable for any and all use of their Photography Pass until RVL is notified of the loss, theft or unauthorised use;

(k) that a replacement Photography Pass fee of $50 will be charged if a replacement Photography Pass is issued. RVL may, in its absolute discretion, waive the replacement Photography Pass fee provided the Accredited Photographer 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;

(l) that RVL may in its sole discretion terminate any Photography Pass issued to an Accredited Photographer on behalf of an Applicant (including if any declaration made in or in connection with an Application Form contains information that is later found to be false or inaccurate); and

(m) the Accredited Photographer 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 Photographer as it deems fit and in its absolute discretion. 

3.2. RVL respects and supports the right of the public to be informed of news about Victorian thoroughbred racing, including in the form of Images.  

3.3. RVL will only issue a limited number of Photography Passes to Media Organisations which permit Accredited Photographers to take Images at Racecourses during Race Meetings in accordance with these Terms and Conditions, as amended from time to time. 

3.4. Each of the Applicant and the Accredited Photographer agree that they will cooperate with RVL and comply with all reasonable requests in the event that RVL investigates any suspected breach of these Terms and Conditions, including by:

(a) providing access to any website, application or Social Media within the control of the Applicant or the Accredited Photographer (as applicable), upon request by RVL;
(b) providing documents or further information as requested by RVL; or
(c) attending an interview with representatives of RVL as requested by RVL.

3.5. If the Applicant and/or Accredited Photographer fail to comply with any such request, or it is later discovered that the Applicant and/or Accredited Photographer misled or did not comply fully, for example by failing to provide all relevant information or access to Social Media within the Applicant’s or Accredited Photographer’s control at the time of the request, it will be grounds for the immediate suspension or revocation of the Accredited Photographer’s Photography Pass and/or the Applicant’s accreditation.

4. Major Event Meetings

4.1. For all Major Event Race Meetings, the Race Club, other Rights Holders and/or venue manager (together the Event Venue) will normally conduct its own accreditation process.  The Event Venue will generally (but is under no obligation to) accredit an Accredited Photographer, provided that the Accredited Photographer has not been banned from the venue and the accreditation sought would not result in a breach of contract or other legal risk.  Additionally, the Event Venue reserves the right to impose restrictions on, and terms and conditions in relation to, such accreditation from time to time to reflect relevant matters, including operational requirements, the nature and extent of interest in the event, and the interests of third parties such as commercial partners and patrons. Examples of such restrictions and terms and conditions may include:

(a) limiting the number of people (or media or photographers) permitted access to particular areas, such as the mounting yard, around feature Races or generally;
(b) refusing entry to certain areas or enclosures, such as bars, restaurants and sponsor marquees;
(c) constraints on Editorial Channels (whether or not previously approved by RVL) or the manner of publication of Images;
(d) requiring that the Event Venue or its nominee check certain Images before allowing publication (e.g. images featuring patrons or commercial branding);
(e) avoiding sponsor conflicts or damage to the reputation of commercial partners; and
(f) refusing to allow the Applicant or Accredited Photographer to use or publish the Images for commercial purposes.

10.1. Without limiting RVL’s rights or remedies at law, in equity or otherwise: 

(a) RVL may terminate its agreement with the Applicant (and revoke the applicable Photography Passes and accreditations) immediately by written notice if the Applicant and/or the Accredited Photographer is declared bankrupt, goes into liquidation, has a receiver, receiver and manager, administrator or similar person appointed, enters into a scheme of arrangement with creditors, is unable to pay its debts as and when they fall due or is otherwise insolvent or may be presumed to be insolvent;

(b) if the Applicant and/or its Accredited Photographer breaches any part of these Terms and Conditions, RVL may immediately terminate its agreement with the Applicant and/or revoke the applicable Photography Pass without notice (if RVL determines that such termination or revocation is necessary), and RVL is not required to give any explanation or justification for the termination and/or revocation; or

(c) subject to sub-paragraph (b) above, where RVL considers or suspects that the Applicant and/or an Accredited Photographer is or may be in breach of any part of these Terms and Conditions (or proposes to revoke, suspend or impose conditions on the Accredited Photographer’s use of the Photography Pass for any reason), RVL may provide the Applicant with written notice which identifies the relevant issues or concerns.  In such circumstances, the Applicant will then be provided with an opportunity to respond to the matters raised in the notice and 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 or revoke the Photography Pass or terminate its agreement with the Applicant). If RVL requires a response within a certain time period, RVL will make that clear in its written notice to the Applicant. If the Applicant then fails to respond within that time period, RVL may make a decision without the Applicant’s views.  

10.2. RVL may in its absolute discretion revoke, suspend or impose conditions upon an Accredited Photographer’s Photography Pass if the Accredited Photographer or the Applicant in RVL’s opinion:
(a) is not of good character or of good standing in their profession;
(b) poses an unacceptable risk to the integrity of racing;
(c) causes disharmony or conflict at any Racecourse, or interferes with any other person’s proper performance of their role at a Racecourse;
(d) 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;
(e) at any time fails to observe any direction or instruction issued by RVL staff, including the Stewards, and/or Race Club staff; 
(f) poses safety and security concerns in Restricted Areas at a Racecourse generally or at any part of a Racecourse;
(g) no longer performs media duties consistent with those outlined in the Applicant’s Application Form; or
(h) breaches any of the Terms and Conditions or the COVID-19 Restrictions.
10.3. The Applicant acknowledges and agrees that RVL will have no liability for any costs, losses or damages of any kind arising as a consequence of suspension or termination of its agreement with the Applicant and/or revocation of a Photography Pass under any circumstances.

11. Indemnity, Risk and Access

11.1. The 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 Applicant or its Accredited Photographers (and irrespective of whether the Accredited Photographer was acting within the scope of their employment or engagement with the Applicant). The Applicant warrants that it holds public liability insurance in respect of the potential liabilities of the Applicant and its Accredited Photographers for an amount of not less than $5 million against any legal liability, loss, claim or proceedings in respect of any loss, injury or damage whatsoever arising out of or in the course of or by reason of an Accredited Photographer’s attendance at a Racecourse using a Photography Pass or otherwise in accordance with these Terms and Conditions. On request from RVL, the Applicant will provide a copy of the relevant Certificate of Currency to RVL. Notwithstanding, in the event that the Applicant does not hold such a policy, then it acknowledges and agrees that the Accredited Photographers must hold such a policy (as further outlined at clause 11.2 below) and on request will provide a copy of the relevant Certificate of Currency to RVL. 

11.2. The Accredited Photographer 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 Photographer (and irrespective of whether the Accredited Photographer was acting within the scope of their employment or engagement with the Applicant). The Accredited Photographer warrants that it holds public liability insurance in respect of the potential liabilities of the Accredited Photographer for an amount of not less than $5 million against any legal liability, loss, claim or proceedings in respect of any loss, injury or damage whatsoever arising out of or in the course of or by reason of the Accredited Photographer’s attendance at a Racecourse using a Photography Pass or otherwise in accordance with these Terms and Conditions. On request from RVL, the Accredited Photographer will provide a copy of the relevant Certificate of Currency to RVL. Notwithstanding, the Accredited Photographer may rely on a policy held by the Applicant to satisfy the foregoing providing the Accredited Applicant is a named insured on that policy. 

11.3. The Applicant and the Accredited Photographer acknowledge and agree that the Accredited Photographer shall move in and around the Racecourse(s), including the Horse Areas (if permitted access), at their own risk.  

11.4. The Applicant and the Accredited Photographer agree that the Photography Pass does not permit the Accredited Photographer 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.

11.5. Access to the Racecourse will be refused and/or the Photography Pass revoked if the Accredited Photographer, 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 Accredited Photographer’s appearance or behaviour negatively affects the public standing of the Race Meeting, Race Club, RVL or its Representatives.  

12. 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 Photography 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.

13. Alterations to Terms and Conditions

13.1. RVL reserves the right to modify these Terms and Conditions including, without limitation, modifying the Editorial Photography Criteria with respect to the Photography Pass. 

13.2. RVL will use its best efforts to provide the Applicant and Accredited Photographer with at least fourteen (14) days prior written notice of any material modifications. 

13.3. Any modifications and amendments to these Terms and Conditions will become effective once published on the RVL Website.

13.4. If following the publication of any such variation the Applicant or an Accredited Photographer does not wish to be bound by these Terms and Conditions, the Applicant or the Accredited Photographer (as applicable) may notify RVL accordingly, and the agreement will be terminated.

14. 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.

15. Relevant Jurisdiction
(a) these Terms and Conditions are governed by and interpreted in accordance with the law of the State of Victoria, Australia.
(b) any dispute arising out of these Terms and Conditions will be determined in the jurisdiction of the courts of the State of Victoria, Australia.

16. Hold on trust
To the extent that the Applicant, a Successful Photographer or an Accredited Photographer (each a Promisor) 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 a relevant Promisor in relation to any breach of such obligation or any other actionable conduct by the Promisor, notwithstanding that the RV Entities are not parties to this agreement.

SCHEDULE A
Race Clubs relevant to Victorian Photography Pass 
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 Photgraphy Pass 
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