1. Scope of Application
1.1 KYC organises events and competitions, especially regattas, on its own or together with organisational partners (“KYC Events”).
1.2These Event Media and Marketing Rules (EMMR) shall apply and become effective through registration, participation or any other respective formal binding act between a participant of the KYC Events (“Participant”) and the KYC with regard to the KYC Events (e.g., via the respective Notice of Race, other participation terms and conditions or notice at registration on-site for the KYC Event).
2. Marketing/Media Rights
2.1 Participant grants KYC and the organisational partners or associations named in connection with the respective KYC Event (jointly “Stakeholders”) the right, free of charge, to use and exploit their personal rights in connection with their participation in the KYC Event, in particular the image right (moving and still, real and fictitious), the spoken word or their name (including nickname or stage name), for any commercial purpose in connection with the KYC Event. Stakeholders may only use and exploit these rights to the extent relating to the Participant’s participation in the KYC Event (e.g., images or video recordings of the Participant at the KYC Event).
2.2 This grant of rights shall apply to all types, forms and methods of use and exploitation by Stakeholders in the context of marketing, in particular both digitally on TV/internet and social media as well as analogue in print media, and also those which are not yet identified at the time of the grant of rights.
2.3 Stakeholders may use and exploit the granted rights without limitation to content and location. Stakeholders remain entitled to use and exploit the granted rights in the time after the respective KYC Event, as long as the respective use and/or exploitation make clear reference to the respective KYC Event (e.g., illustrated prints, best-of publications, archiving, chronologies, etc.).
2.4 Stakeholders are authorised to grant sublicenses to their sponsors and partners to the extent of use and exploitation as specified in this EMMR 2.
2.5 Participant warrants, represents and undertakes to Stakeholders that they have all necessary rights and permissions to grant the rights in accordance with this EMMR 2 and, in particular, that no third party rights conflict with the grant of rights in accordance with this EMMR 2.
3.1 If Participant further uses or exploits personal rights connected or related to KYC Events (e.g., by concluding individual equipment or sponsoring contracts, testimonial contracts, “Self-Marketing”), they shall respect the rights as defined under EMMR 2, in particular the Participant shall refrain to create the false impression that Participant or Participant’s sponsors have any advertising, marketing or similar relationship with KYC.
3.2 Participant is not authorised to distribute or otherwise present any advertising, marketing or similar items and/or material of any kind on and in connection with KYC Events.
3.3 Participant shall ensure, also towards its own sponsors or partners, that KYC or any other organizing authority can make unrestricted use of the advertising spaces on Participant’s equipment as defined and in accordance with the Advertising Code of World Sailing, if applicable.
In case individual provisions of these Event Media and Marketing Rules are entirely or partly invalid, the validity of the remaining provisions or the remaining parts of such provisions shall not be affected as long as they are clearly distinguishable from the invalid provisions or parts. The parties agree to negotiate in good faith in order to replace an invalid provision with a provision which comes closest to the economic purpose of the invalid or unenforceable provision. The same shall apply to a loophole within these Event Media and Marketing Rules.
As of: January 2023