In order to receive a 2019-20 Photography Pass, it is a requirement that a Successful Photographer must first read and agree to the Terms and Conditions, as set out below, and acknowledge their acceptance of these at the bottom of this form.

Upon completion of this form, Successful Photographers (meaning Nominated Photographers which have been successfully approved for a Photography Pass by RVL subject to completing a safe work induction for photographers), will be issued with either an Annual Victorian Photography Pass, Annual Country Photography Pass or Casual Photography Pass.

A Photography Pass allows an Accredited Photographer access to applicable Racetracks 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 on 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.

There are four types of raceday accreditation:

• Annual Victorian Photography Pass issued by RVL;
• Annual Country Photography Pass issued by RVL;
• Casual Photography Pass issued by a Race Club; and
• Major Event Race Meeting accreditation issued by a Race Club.

Applicants must apply to RVL for the following types of accreditation:

• Annual Victorian Photography Pass;
• Annual Country Photography Pass; or
• Casual Photography Pass.

Applicants must apply directly to the relevant Race Club for any additional Major Event Race Meeting accreditation.

In addition to these terms and conditions, the Applicant acknowledges and agrees to be bound by the following:

• 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. For the application to be considered by RVL, it must be completed in full by an authorised representative of the Applicant.

• An Applicant must list all the proposed Editorial Channels in which it proposes to publish an Accredited Photographer’s Images. Editorial Channels are subject to approval by RVL.

• Only a limited number of Photography Passes will be issued and amongst other considerations, RVL will take into account the following factors (listed from highest to lowest priority) when determining an application.

• Only Media Organisations whose primary purpose is syndicating news content for or providing News Reporting by any technical platform including individual publications, news websites, digital platforms, radio and television broadcasters, print media and news agencies will be considered for accreditation:

- the reach of the Applicant’s Editorial Channels has major global or national coverage;
- the reach of the Applicant’s Editorial Channels has significant state coverage; and
- the reach of the Applicant’s Editorial Channels has moderate and/or local coverage.

• RVL retains sole 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.

• RVL retains sole 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.

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.

Applicants and Successful Photographers will be provided with

(a) information on how the relevant Successful Photographers can access a compulsory online Safe Work for Photographers Induction; and

(b)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 a) and b) above will the Successful Photographer be provided with the relevant Photography Pass on behalf of the Applicant. 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 the Successful Photographer to denote his or her accreditation which must be worn and/or visibly displayed while on a Racetrack.

RVL may in its sole discretion terminate any Photography Pass issued to an Accredited Photographers on behalf of an Applicant (including, but not restricted to, if any declaration made as part of this application contains information that is later found to be false or inaccurate).

2019/2020 TERMS AND CONDITIONS – VICTORIAN RACING PHOTOGRAPHY ACCREDITATION

RVL respects and supports the right of the public to be informed of news about Victorian thoroughbred racing, including in the form of Images.
RVL will only issue a limited number of Photography Passes to Media Organisations which permits Accredited Photographers to take Images at Racetracks during Race Meetings in accordance with these terms and conditions, as amended from time to time.

The Applicant agrees that it will, and ensure the Accredited Photographer 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 (but not limited to) by:

- providing access to any website, application or social media channel including Facebook within the Accredited Photographer’s control, upon request;
- providing documents or further information as requested by RVL; or
- attending an interview with representatives of RVL,

If the Applicant and/or Accredited Photographer fails to assist, or it is later discovered that the Applicant and/or Accredited Photographer misled or did not assist fully, for example by failing to provide all relevant information or access to social media sites that were within the 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.

The Applicant agrees to, and will ensure the Accredited Photographer agrees to, provide any additional information, if and when requested by RVL during the Racing Year.

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 in accordance with 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 2019/20 Victorian Thoroughbred Racing Industry 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.

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.

Copyright includes all copyright subsisting under the Copyright Act 1968 (Cth) (including future copyright in copyright material not yet in existence) and similar or related rights and whether subsisting now or in the future anywhere in the world, including database rights.

Editorial Channel means websites, newspapers, magazines and like publications and periodicals operated by an Applicant as specified in the Application Form.

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.

Excluded Media Activities has the meaning given in clause 6.3.

Image means a still image taken at a Race Meeting, whether or not thoroughbreds are shown in the still image.

Intellectual Property means all intellectual and industrial property rights throughout the world, including Copyright, whether subsisting now or in the future.Major

Event Race Meetings means the four Race Meetings constituting the 2019 Melbourne Cup Carnival 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.

Studs, 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.

News Reporting means the reporting of news content by a Media Organisation at a Race Meeting conducted by a Race Club (including text, data or photography and any combination of these).

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.

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.

Racing Year means the period from 1 August 2019 to 31 July 2020.

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 areas 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 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 and Instagram;

(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.

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 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.

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 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 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 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 Successful Photographer be provided with the relevant Photography Pass 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 his or her accreditation which must be worn and/or visibly displayed while on a 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 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 the Accredited Photographer is liable for any and all use of its 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).

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 permits 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 Race Meetings

4.1. For all Major Event Race Meetings, the Race Club, other Rights Holder 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.

5. Applicant and Accredited Photographer Responsibilities 

5.1. The Applicant will ensure that Images taken by an Accredited Photographer on its behalf are published only in the Approved Editorial Channels in accordance with these Terms and Conditions.

5.2. The Accredited Photographer will ensure that Images taken by him or her are published only in the Approved Editorial Channels in accordance with these Terms and Conditions.

5.3. Notwithstanding any other clause of these Terms and Conditions, the Accredited Applicant is responsible for and must take all steps necessary to ensure that each of its Accredited Photographers are complying with these Terms and Conditions.

6. Access to Racecourses

Subject to the rights and requirements of the Event Venue with respect to Major Event Race Meetings under clause 4 and at law:

6.1. An Accredited Photographer who holds an Annual Victorian Photography Pass or Annual Country Photography Pass can, during a Race Meeting conducted in the Racing Year, access the general public and Restricted Areas at any Racecourse and take Images from those areas unless otherwise directed by RVL or a Race Club, including any Representative of RVL or a Race Club, at their sole discretion from time to time.

6.2. An Accredited Photographer who holds a Casual Photography Pass can, during the Race Meeting for which they have received accreditation, access the general public and Restricted Areas at the relevant Racecourse and take Images from those areas unless otherwise directed by RVL or a Race Club, including any Representative of RVL or a Race Club, at its sole discretion from time to time.

6.3. Photography Passes are non-transferrable and can only be used when an Accredited Photographer wishes to take Images on behalf of the Applicant for publication in Approved Editorial Channels. Photography Passes do not permit Applicants to access the Racecourse to take photographic images for any other purpose, record audio, visual or audio-visual coverage, or engage in other media related activities (Excluded Media Activities). Separate accreditations and/or written approvals are required from RVL and the relevant Race Club (where applicable) prior to engaging in any Excluded Media Activities.

6.4. The Applicant must ensure that each of its Accredited Photographers complies with the terms and conditions of entry for each Racecourse and with all lawful and reasonable directions of a Race Club (including any Representative of a Race Club), in relation to its Racecourse, and all lawful and reasonable directions of RVL (including any Representative of RVL).

6.5. The Applicant acknowledges that RVL wants to ensure that Racecourses are a safe, comfortable and friendly environment for Race Club employees, patrons, Accredited Photographers and other visitors. The Applicant must therefore ensure that each of its Accredited Photographers remain of good fame and character during the Racing Year and do not engage in any unlawful or anti-social conduct (including conduct amounting to harassment, public nuisance, defamation, bullying, abuse or threatening behaviour), whether at Racecourses, in Social Media or elsewhere.

7. Identification of Accredited Photographer

7.1. An Accredited Photographer must at all times while at a Racecourse during the Racing Year (other than for personal purposes) wear and visibly display the:

(a) Photography Pass; and

(b) if requested, coloured vest, armband or other form of identification issued by RVL and/or Event Venue (as the case may be), to denote which areas of the Racecourse he or she can enter for the purpose of taking Images.

If an Accredited Photographer fails to produce his or her Photography Pass upon request by RVL, a Race Club and/or any Representative of RVL or a Race Club, he or she may be:

(c) denied entry to; or

(d) removed from,the Racecourse and/or Restricted Areas.

8. Use and exploitation of Images

8.1. The Applicant and its Accredited Photographers may use Images on the Approved Editorial Channels for editorial purposes only. For the avoidance of doubt, any use of the Images on the Applicant’s or an Accredited Photographer’s Social Media channels is for the sole purpose of posting commentary to promote the relevant Editorial Channel and not as an Editorial Channel itself, archive or for the promotion of an alternative destination or commercial enterprise.

8.2. The Applicant undertakes that it and its Accredited Photographers will not archive or otherwise retain any Images except for use in accordance with these Terms and Conditions (for the avoidance of doubt, neither the Applicant nor any Accredited Photographer has any right to make available or offer a publicly accessible archive of Images during or after the end of the Racing Year except for editorial purposes on Approved Editorial Channels).

8.3. The Applicant undertakes that it and its Accredited Photographers will not (during or after the end of the Racing Year) use or otherwise exploit those Images in any way other than as expressly permitted by these Terms and Conditions, including by manufacturing or otherwise producing, promoting, offering for sale, selling or otherwise disposing of (or authorising, aiding, abetting, counselling or procuring anyone else to do so) any Memorabilia and Merchandise, selling prints or other copies of those Images directly to the Race Clubs or any other person, or providing proofs of those Images to any other person.

8.4. The Accredited Photographer undertakes that it will not archive or otherwise retain any Images except for use in accordance with these Terms and Conditions. The Accredited Photographer further undertakes that it will not (during or after the end of the Racing Year) use or otherwise exploit those Images in any way other than as expressly permitted by these Terms and Conditions, including by manufacturing or otherwise producing, promoting, offering for sale, selling or otherwise disposing of (or authorising, aiding, abetting, counselling or procuring anyone else to do so) any Memorabilia and Merchandise, selling prints or other copies of those Images directly to the Race Clubs or any other person, or providing proofs of those Images to any other person.

8.5. The Applicant acknowledges that any sale or publication of the Images taken by an Accredited Photographer in contravention of these Terms and Conditions is strictly prohibited and may result in immediate suspension or revocation of the applicable Photography Pass and/or the Applicant’s accreditation.

8.6. The Applicant grants to RVL (and, at the request of RVL, will grant to the Race Clubs) (the “Licencees”) a perpetual, non-exclusive, royalty-free, non-transferrable licence (“Licence”) to use, reproduce, adapt, alter, modify and communicate to the public (“Use”) for any Promotional Purpose all Images published by the Applicant in an Approved Editorial Channel. Promotional Purpose includes promoting Victorian thoroughbred racing, RVL or the Race Clubs and Use in reports and in promotional, communications and advertising material but otherwise excludes commercial exploitation. The Accredited Photographer consents to the grant of the Licences by the Applicant and the Applicant and the Accredited Photographer each warrant that the Applicant is legally entitled to grant the Licences.

8.7. In respect of the Licences granted under clause 8.6, the Accredited Photographer unconditionally and irrevocably consents, to the fullest extent permitted by law, to the Licencees doing or omitting to do anything that would otherwise infringe the Accredited Photographer’s Moral Rights in relation to the relevant Images, including adapting, altering and modifying the Images; incorporating the Images into other works of any kind in any medium; and deriving other works of any kind from the Images in any medium. Moral Rights includes rights of integrity of authorship, rights of attribution, rights not to have authorship falsely attributed, and rights of a similar nature conferred by statute or otherwise, that exist, or that may come to exist, anywhere in the world. The Accredited Photographer will do (and the Applicant consents to the Accredited Photographer doing) anything reasonably required by RVL to give effect to the Accredited Photographer’s Moral Rights consent under this clause, including executing any further document.

8.8. Notwithstanding and without limiting anything else in these Terms and Conditions, an Accredited Photographer and Applicant must not use or otherwise exploit any Images in any way that suggests any endorsement by, association with or sponsorship of RVL or the Race Clubs of or by any other person which, for the avoidance of doubt, includes use of a print or other copy of an Image in the same creative as the name, brand or logo of another person.

8.9. The Accredited Photographer and Applicant must not:

(a) make any alteration or addition to any Image that changes the true depiction of the image captured, or permit any such alteration or addition to be made by any third party, including by incorporating any Image into any other materials (unless approved by RVL in writing);

(b) act in relation to any Image in any way which is likely to directly or indirectly prejudice or adversely affect the reputation of RVL, Race Clubs or any person or organisation depicted in an Image, or of any sponsor, supplier, employee, contractor or other person associated with RVL, Race Clubs, Racecourses or Race Meetings (including the Major Event Race Meetings) except to the extent required to present genuine News Reporting where the Image and accompanying content provides a fair, accurate and truthful representation of events; or

(c) take, or assist any other person directly or indirectly to take, any action which may invalidate, prejudice or impair the rights of any of RVL, Race Clubs or any person or organisation depicted in an Image or in relation to any Image.

9. Termination

9.1. 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 Photographry Passes and accreditations) immediately by written notice if the Applicant 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.

9.2. 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 his or her 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, 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.

9.3. 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 termination of its agreement with the Applicant and/or revocation of a Photography Pass under any circumstances.

10. Indemnity

10.1. 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 his/her employment or engagement with the Applicant).

10.2. 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 his/her employment or engagement with the Applicant).

11. 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. Any information collected by RVL will be handled in accordance with its Privacy Policy accessible at https://www.racingvictoria.com.au/privacy-policy.

12. Alterations to Terms and Conditions

12.1. RVL may at any time vary these Terms and Conditions by publishing any variations on the RVL Website.

12.2. 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.

13. 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.

14. 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.

15. 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

Apsley Racing Club Inc
Ararat Racing 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
Mornington Racecourse
Mortlake Racing Club Inc
Mt 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 Racing 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
Wimmera Racing Club Ltd
Wodonga & District Turf Club Inc
Woodford Racing Club Inc
Yarra Valley Racing Inc

Schedule B

Race Clubs relevant to an Annual Country Photography Pass

Apsley Racing Club Inc
Ararat Racing 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
Mildura Racing Club Inc
Moe Racing Club Inc
Mornington Racecourse
Mortlake Racing Club Inc
Mt 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 Racing 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
Wimmera Racing Club Ltd
Wodonga & District Turf Club Inc
Woodford Racing Club Inc
Yarra Valley Racing Inc

Investigation Poor Performance

Developments in Quantitative Gait Analysis

Muscle Disorders of the Athletic Horse

Forage can be magic

Recognising lameness

Limb Injury Prevention Program update

Use of technological innovations in broadening the application of equine exercise physiology

Thermoregulation / Heat Stress

Dr. Sue Stover (USA)

Susan Marie Stover is a professor of veterinary anatomy at the University of California, Davis School of Veterinary Medicine and director of the J.D. Wheat Veterinary Orthopedic Research Laboratory. One of the focuses of her wide-ranging research is musculoskeletal injuries in racehorses, particularly catastrophic breakdowns. Her identification of risk factors has resulted in improved early detection and changes to horse training and surgical repair methods.

In 2016, Stover received the Lifetime Excellence in Research Award from the American Veterinary Medical Association and was selected for induction into the University of Kentucky Equine Research Hall of Fame.

Dr. René van Weeren (The Netherlands)

René graduated in 1983 from Utrecht University, the Netherlands. His PhD-thesis was on skin displacement in equine kinematic gait analysis. He is qualified as a diplomate of the European College of Veterinary Surgeons in 1994 and became an associate professor in 1996 and full professor in Equine Musculoskeletal Biology in 2007.

Main areas of interest are gait analysis and regenerative medicine of articular cartilage and tendons. He is the author or co-author of over 300 peer-reviewed scientific publications or book chapters and co-editor of the 2nd edition of “Joint Disease in the Horse”. He heads the Utrecht Department of Equine Sciences.

Dr. Emmanuelle van Erck (Belgium)

Dr. Emmanuelle van Erck graduated in 1996 in France. She worked as a clinician in sports medicine and obtained her PhD on respiratory function testing at the University of Liège. Emmanuelle specializes in the investigation of performance and poor performance in equine athletes of all disciplines.

She has been appointed team veterinarian by the Royal Belgian Federation for Equestrian Sports and follows horses competing at international level. Emmanuelle is a diplomate of the European College of Equine Internal Medicine (ECEIM) and an expert with the FEI.

Dr. Ken McKeever  (USA)

Dr. McKeever received his B.S. and M.S. degrees from Cal Poly Pomona and Fresno State University and his Ph.D. in Animal Physiology from the University of Arizona.  After that, he served as an NAS-NRC Resident Research Associate in the Cardiovascular Laboratory at the NASA Ames Research Center in California. From 1987-1994 McKeever developed and coordinated the Ohio State University Equine Exercise Physiology Laboratory.

In 1995 he built the Equine Exercise Physiology Laboratory at Rutgers University where he is currently a Full Professor and Associate Director of the Rutgers Equine Science Center.

His research is focused on the integration of the cardiovascular, renal, and endocrine systems in the control of blood pressure, blood volume and fluid and electrolyte balance.

Dr. Erica McKenzie (Oregon State University, USA)

Dr. McKenzie is a graduate of Murdoch University, Western Australia. She completed a medicine residency and PhD at the University of Minnesota in 2003, where she was involved in developing nutritional and pharmacologic methods of controlling exercise associated muscle disease in Thoroughbred horses. She is a professor and medicine specialist at Oregon State University.

Dr. McKenzie is a charter diplomate of the American College of Veterinary Sports Medicine and Rehabilitation. Special interests include characterization and prevention of myopathies in horses, the factors relevant to successful athletic performance, and nutrition and disease in long distance exercise in horses, dogs and humans.

Dr. Jonathan Foreman  (USA)

Dr. Jonathan Foreman has served as the President of the Association for Equine Sports Medicine and as the Chair of the Sports Medicine Committee of the American Association of Equine Practitioners. He graduated from the College of William and Mary (BS, Biology, 1978), the University of Georgia (DVM, 1981), and Washington State University (MS, Exercise Physiology, 1984). He is board-certified by the American College of Internal Medicine in 1986. His current position is Professor and Associate Dean of the College of Veterinary Medicine at the University of Illinois.

Dr. Foreman served as an official veterinarian at the 1996 Olympic Summer Games and the 2010 World Equestrian Games. His research on thermoregulation was instrumental in modifying the 1996 Olympic Three-Day Events in Atlanta to make them safer for horses competing in inhospitable southeastern summer heat conditions.

Dr. Anna Jansson (Sweden)

Anna (MSc, PhD, Docent) graduated from the Swedish University of Agricultural Sciences (SLU) in 1994 and completed her PhD on sodium and potassium regulation in athletic horses at the same university in 1999. Since then, her research has been focused on training, nutrition, management and health of sport horses.

In 2012, Anna was recruited as Professor in Equine Science at Hólar University College on Iceland and promoted to Professor in Equine Nutrition and Management at SLU. In 2015, she was appointed as Professor in Domestic Animal Physiology at SLU. Her main research focus during the past 10 years has been on feeding of forage-only diets to horses in heavy training.

Professor  Chris Whitton
Since 2004 Chris has run a clinical service in Equine Surgery and lameness investigation and management, and developed a multidisciplinary research programme into the understanding and prevention of limb injuries in racehorses. He has published 42 peer reviewed papers during his career. His current research interests are in biomechanics, subchondral bone and the epidemiology of equine limb injuries.