TERMS AND CONDITIONS APPLICABLE TO ACCESS AND USE OF UT MD ANDERSON’S FACILITIES BY NEWS MEDIA ORGANIZATIONS
Access to and use of UT MD Anderson’s facilities by a news media organization (“NMO”) for purposes of filming news stories or events is subject to the following terms and conditions:
- In permitting use of its facilities, MD Anderson does not relinquish custody or control thereof and does specifically retain the right to enforce any and all laws, rules, and regulations applicable to the facilities. NMO’s use of the facilities is subject to MD Anderson’s reasonable measures for purposes of confidentiality, safety, and security, and will be subject further to compliance with MD Anderson’s premises rules that are generally applicable to all persons at MD Anderson’s facilities.
- NMO must conduct all activities under this Agreement with regard for public safety and must observe, perform, and comply with all the laws, statutes, ordinances, rules, and regulations promulgated by any governmental agency, including MD Anderson, which are applicable to MD Anderson’s facilities.
- NMO is responsible for obtaining all necessary media releases and consents from any person filmed by NMO, including from MD Anderson employees and from any patient of MD Anderson, provided, however, that NMO may not film any patient without MD Anderson’s permission.
- If NMO or any of its employees, agents, subcontractors, guests, or invitees obtains any health or medical information about any patient of MD Anderson, NMO will, and will ensure that its employees, agents, subcontractors, guests, or invitees, pursuant to the requirements of law and unless disclosure has been authorized in writing by the patient, hold in confidence the identity of the patient and the health/medical information about the patient and will comply with applicable laws regarding the confidentiality of such information.
- NMO is responsible for the acts and activities of its agents, employees, subcontractors, guests, and invitees (including any production company engaged by NMO to shoot footage) during the use or occupancy of MD Anderson’s facilities. NMO WILL INDEMNIFY AND HOLD HARMLESS MD ANDERSON AND THE UNIVERSITY OF TEXAS SYSTEM AND THEIR REGENTS, OFFICERS, AGENTS, AND EMPLOYEES FOR ALL CLAIMS, CAUSES OF ACTION, AND JUDGMENTS FOR THE INJURY OR DEATH OF ANY PERSON AND THE LOSS OF OR DAMAGE TO PROPERTY THAT ARISE, DIRECTLY OR INDIRECTLY, FROM THE INTENTIONAL OR NEGLIGENT ACT OR OMISSION OF NMO OR THE OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, GUESTS, AND INVITEES OF NMO DURING THE USE OR OCCUPANCY OF MD ANDERSON’S FACILITIES.
- MD Anderson also will not be liable for any lost, stolen, or damaged property kept or left in or around any of its facilities.
- IN NO EVENT WILL MD ANDERSON BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR ENHANCED DAMAGES ARISING OUT OF OR RELATED TO NMO’S USE OF MD ANDERSON’S FACILITIES, INCLUDING ANY LOSSES, EXPENSES, OR DAMAGES INCURRED BY REASON OF LOST REVENUES OR PROFITS.
- MD Anderson will have the right to immediately cancel NMO’s access to and use of its facilities at any time if (i) MD Anderson needs the facilities, or (ii) if in MD Anderson’s sole and absolute judgment NMO’s activities (a) are jeopardizing or will jeopardize the safety of any person or animal at MD Anderson, (b) are damaging or will damage the buildings or property of MD Anderson, (c) are unduly disrupting or will unduly disrupt the operations and activities of MD Anderson, (d) are causing or will cause expense to MD Anderson, (e) are violating or will violate patient privacy, or (f) otherwise are adversely impacting or will adversely impact the patients or research animals at MD Anderson.