Embers for Access Foundation
Media Accreditation & Clearance Package — General Terms
Registered Charity No. 781588363RR0001 · Governed by the laws of Ontario and the federal laws of Canada · Applies to all Foundation programs, events and premises
By applying for, accepting or using media accreditation, press passes or photo/video credentials (“Credentials”) issued by Embers for Access Foundation (“the Foundation”), the applicant and the outlet they represent (“you”) agree to every section below.
1. Ownership & Image Rights
As a condition of accreditation, all photographs, video footage and audio recordings captured at any Foundation program or event (the “Event Media”) are the property of the Foundation. All rights, title and interest — including copyright to the fullest extent permitted by law — are assigned to the Foundation upon creation, and moral rights are waived in the Foundation's favour to the extent Canadian law permits. In exchange, accredited outlets receive a limited, non-exclusive, non-transferable licence to publish cleared Event Media solely for editorial coverage. No commercial use, advertising use, stock licensing, resale or sublicensing is permitted. Cleared Event Media must be credited as “Courtesy of Embers for Access Foundation,” together with any photographer credit specified in the clearance notice.
2. Clearance Before Publication
No Event Media may be published, broadcast, posted or shared — including on personal social media — before written clearance. The workflow is:
- Capture — shoot only within the access zones and consent rules in sections 4 and 5.
- Submit — deliver all selects intended for publication to the media desk or designated submission channel.
- Review — the team reviews each item against these standards, including consent records for every identifiable child and program participant.
- Clearance notice — cleared items are returned with a written notice confirming permitted platforms, captions, credits and any conditions.
- Publish — only cleared items may be published, exactly within the scope of the clearance notice.
Uncleared media, and any raw files containing individuals who did not consent, must be held securely, never shared with third parties, and deleted on the Foundation's request.
3. Ontario Provincial Provisions
- Occupiers' Liability: You enter and remain on Foundation premises at your own risk. Consistent with Ontario's Occupiers' Liability Act, you assume the risks inherent in attending, and the Foundation's liability is limited to the extent permitted by law.
- Trespass: Credentials may be revoked at any time. Once revoked or upon direction to leave, remaining on the premises may constitute an offence under Ontario's Trespass to Property Act.
- Accessibility (AODA): The Foundation is committed to the Accessibility for Ontarians with Disabilities Act. You agree not to obstruct accessible routes, service animals, mobility devices or accommodations, and to cooperate with accessibility requests.
- Human Rights: You will conduct yourself in accordance with the Ontario Human Rights Code and refrain from discrimination or harassment on any protected ground.
- Personality rights: Any commercial or promotional use of a guest's name, image or likeness requires that guest's separate written consent, consistent with Ontario's recognition of personality rights and the tort of appropriation of personality.
4. Canadian & Ontario Clearance Standards (Vulnerable Populations)
- No identifiable image of a person under 18, or of any participant connected to our programs, is cleared without prior written consent from the individual or their parent, guardian or substitute decision-maker.
- Guests wearing the designated no-photo indicator (e.g. a coloured wristband or lanyard) must not be photographed, filmed or recorded. Accidental capture must be reported to the media desk and deleted or masked.
- No one is photographed in distress, during regulation or sensory breaks, or in any circumstance that could embarrass or stigmatize them.
- Captions and stories never disclose a person's diagnosis, clinical status, funding status or service history. First names only, and only where consent permits naming.
- Privacy law: Collection, use and disclosure of personal information must comply with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and respect the spirit of Ontario's Personal Health Information Protection Act (PHIPA) wherever content could reveal a connection to health services.
- Volunteers and staff in their event roles may appear in coverage; their personal contact information must never be published.
5. Canadian Federal Provisions
- Copyright & trademarks: The Embers for Access name, logo, flame emblem, the tagline “Igniting Change, Empowering Futures,” and related marks are protected under the Canadian Copyright Act and trademark law. Accreditation grants no licence to use them except for fair-dealing news reporting with attribution; commercial, promotional or endorsement use requires prior written permission.
- Criminal Code & safety: You will comply with all applicable federal and provincial laws, including Criminal Code of Canada provisions on harassment, voyeurism, mischief and unauthorized recording.
- Drones: Drone/UAV use is not permitted on or above the premises unless separately authorized in writing, and only in compliance with Transport Canada requirements.
- Anti-spam: Communications arising from this accreditation are subject to Canada's Anti-Spam Legislation (CASL).
6. Embers for Access Property, Venue & Brand Provisions
- All Foundation premises, program spaces and any venues hosting our activities are private property. Access is a revocable privilege granted under these Terms and subject to any additional venue or landlord rules and brand-owner conditions.
- On-site conduct & zones: Credentials are worn visibly at all times and are non-transferable. Follow all directions of staff, volunteers, venue and security without delay. Respect designated media zones, escorted family-programming areas, and restricted zones (sensory/regulation spaces, children's activity areas outside escorted access, back-of-house and any area marked private) where no photography or recording is permitted. No flash photography during performances or in family programming areas.
- The Foundation may, for its own charitable, archival and promotional purposes, photograph or record accredited media at work, and may request copies of, or the right to share, published coverage with attribution.
- You will not use Credentials to solicit donations, sell products or services, fundraise, or represent yourself as an agent, partner or spokesperson of the Foundation. Embargoed information and confidential operational or beneficiary details must not be published without authorization.
7. Revocation, Assumption of Risk & Indemnity
- The Foundation may suspend or revoke Credentials at any time, with or without cause, including for breach of these Terms, and may require you to leave and surrender Credentials — without refund and without any obligation to clear or return media already captured.
- To the fullest extent permitted by law, you release and hold harmless the Foundation, its directors, officers, employees, volunteers, agents and venue partners from any claims, losses, damages or liabilities arising from your accreditation, conduct or coverage, except to the extent caused by our gross negligence or wilful misconduct.
- You agree to indemnify the Foundation against third-party claims arising from your acts or omissions, including claims relating to privacy, defamation or intellectual property in your coverage. You are responsible for your own insurance and equipment.
8. Governing Law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, and the parties attorn to the courts of Ontario. If any provision is found unenforceable, the remainder continues in full force. The Foundation may update these Terms from time to time; the version in effect at the time of your accreditation applies. Questions may be directed to the Foundation's media team.
By checking the acknowledgment boxes and submitting your application, you confirm that you have read, understood and agree to these Terms & Conditions. This is an operational template of general terms; it should be reviewed by legal counsel before execution, and where an event-specific supplement is provided in writing it applies in addition to these terms.