Terms of sale for professionals

General terms and conditions of sale

Article 1. Purpose and scope

These general terms and conditions of sale (the "T&Cs") govern the communication and advertising services sold by Finish Line Media, a French simplified joint-stock company (société par actions simplifiée) with a share capital of 1,000 euros, registered with the Lyon Trade and Companies Register under number 998 982 763, whose registered office is located at 20 rue Lortet, 69007 Lyon, France ("FLM"), to professional clients (the "Client").

They apply to all services, in particular sponsored content (appendix 1), event pages (appendix 2), display advertising (appendix 3), event photography coverage (appendix 4) and content production on behalf of the Client (appendix 5). They prevail over the Client's general terms and conditions of purchase, unless FLM has given its prior written agreement.

Article 2. Definitions

• Order Form: the document signed by the Client, or accepted in writing including by e-mail, describing the service, its price, its schedule and its specific conditions.
• Content: articles, tests, videos, photos, social media posts, newsletters, pages and advertising creatives produced or distributed as part of a service.
• Media: the websites marathons.com, mytrails.com, triathlons.com, stadion.com and 220bpm.com, their newsletters and their social media accounts, as well as any other medium published by FLM and specified in the Order Form.
• Client Materials: texts, visuals, logos, trademarks, information and data provided by the Client.

Article 3. Formation of the contract

FLM's quotes are valid for three months from the date they are sent to the Client. After this period without acceptance, they lapse. A quote accepted by the Client, by signature or in writing, including by e-mail, constitutes the Order Form and forms the contract. In the event of any inconsistency, the documents prevail in the following order: the Order Form, the applicable appendix, then the T&Cs.

Where an order is placed by an intermediary, in particular an agency, on behalf of an advertiser, the Order Form identifies the advertiser. The intermediary declares that it acts under a written mandate from the advertiser, which it undertakes to produce upon first request. It is solely responsible for complying with its own obligations, in particular under French law no. 93-122 of 29 January 1993 (the "Sapin law"), and indemnifies FLM against any claim in this respect. FLM pays no remuneration or commission to the intermediary. For services other than the sale of advertising space, FLM issues its invoices in accordance with the intermediary's written instructions, and the intermediary guarantees that these instructions comply with applicable regulations.

Article 4. Client's obligations

The Client provides the Client Materials within the deadlines set out in the Order Form. Any delay on its part postpones the schedule accordingly, without FLM being liable.

The Client warrants that it holds, or has obtained from the rights holders, all rights and authorisations required for FLM's use of the Client Materials: copyright of photographers, videographers, graphic designers and writers, rights in trademarks and logos, and image rights of identifiable persons. It also warrants that these materials are accurate and comply with applicable regulations, in particular regarding advertising, consumer protection and nutrition and health claims.

The transmission of Client Materials to FLM, by any means whatsoever, constitutes authorisation to use them for the service, on all the Media concerned and for the entire period during which the Content remains online, including in archives. FLM uses these materials as provided. It is under no obligation to verify the existence or scope of the corresponding rights.

It is the Client's responsibility to provide FLM, together with each item, with the credits and notices required by its authors or rights holders. FLM reproduces the credits provided to it. It cannot be held liable for the absence or inaccuracy of a credit that was not provided to it, or that was provided incorrectly.

The Client indemnifies FLM against any claim, action or judgment by a third party, in particular an author, a trademark owner or a photographed person, based on the use of the Client Materials or on the absence or inaccuracy of a credit. It bears all resulting sums, including damages, settlement amounts and legal fees. The Client may under no circumstances claim any sum from FLM in respect of the use of the Client Materials it has provided. Upon a mere claim by a third party, FLM may remove the item concerned without compensation.

These warranties survive the end of the contract for as long as the Content remains online or in archives, and until the expiry of the limitation periods for the actions concerned.

Materials that the Client has provided to Finishers SAS, FLM's parent company, in particular on the Finishers platform, are deemed to be Client Materials when FLM uses them for a service ordered by that Client. This warranty applies to them.

Article 5. Editorial line and right of refusal

FLM retains editorial control over its Media. It may refuse or remove any content that is unlawful, contrary to its editorial line or likely to harm its image or that of its readers. In such a case, only the sums corresponding to services not performed are refunded, without any further compensation.

Article 6. Identification of advertising

In accordance with the law, any content distributed in return for payment is clearly identified as advertising, with a notice such as "Sponsored content", "In partnership with" or "Advertisement". The Client may not request the removal of this notice.

Article 7. Prices and invoicing

Prices are stated exclusive of tax, in the currency specified in the Order Form, plus applicable VAT. Invoices are issued by FLM in accordance with the payment schedule in the Order Form.

Article 8. Payment

Unless otherwise provided in the Order Form, invoices are payable within 30 days of their issue date, by bank transfer. No discount is granted for early payment. FLM may request a deposit, the amount and due date of which are specified in the Order Form. In that case, the service only begins once the deposit has been received.

Any late payment automatically gives rise, without prior formal notice, to penalties calculated at the rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, as well as a fixed indemnity of 40 euros for recovery costs, in accordance with article L441-10 of the French Commercial Code. FLM may also suspend ongoing services until full payment.

Article 9. Cancellation and postponement

Any cancellation by the Client must be notified in writing. It gives rise to the payment of a cancellation fee of 25% of the price if it occurs more than 30 days before the scheduled publication or event date, 50% between 30 and 15 days, and 100% less than 15 days before or after production has started. Deposits already paid are retained up to the amount due.

The Client may request a single postponement in writing, no later than one month before the scheduled date. The new date must fall within three months of the initial date. A later request, or a postponement beyond this period, is treated as a cancellation.

Article 10. Intellectual property

Unless otherwise provided in appendices 4 and 5, the Content created by FLM, in particular texts, headlines, photos, videos and layouts, remains its exclusive property, including when produced at the Client's request and expense. The price remunerates the creation and distribution service and does not entail any assignment of rights.

The Client may only reproduce, reuse or adapt all or part of the Content, in particular on its website, its own media or those of third parties, within the limits of a licence expressly provided for in the Order Form. It may, however, freely share the link to the Content published on the Media. On expiry of a licence, or in the absence of a licence, it shall promptly remove any reuse.

Any unauthorised reproduction constitutes infringement. Without prejudice to any other remedy, it gives rise to the immediate removal of the reused content and to the payment of a fixed indemnity equal to twice the price exclusive of tax of the service concerned, with a minimum of 1,500 euros per item of content reused.

The Client grants FLM, free of charge, the right to use the Client Materials for the performance of the service and for the entire period during which the Content remains online, including in archives. Unless the Client objects in writing, FLM may mention its name and logo among its commercial references.

Article 11. Liability

FLM is bound by an obligation of means (best efforts). It does not guarantee any level of audience, engagement or commercial result, unless a quantified commitment is expressly provided for in the Order Form. It is not liable for the accuracy of the Client Materials, nor for indirect damage such as loss of revenue, customers or reputation.

Except in the case of gross negligence or wilful misconduct, FLM's total liability in respect of an order is limited to the amount exclusive of tax of that order. FLM only indemnifies the Client against claims relating to its own copyright in the Content. It gives no warranty in respect of rights that third parties may hold in what the Content depicts, in particular the exploitation rights of the organiser of a sporting event, the trademarks and distinctive signs of that organiser and its partners, and the image rights of individuals. The Client is responsible for obtaining the corresponding authorisations for its own uses of the Content and indemnifies FLM under the conditions of article 4.

Article 12. Personal data

Each party is responsible for the personal data processing it carries out, in accordance with the GDPR. No personal data of readers or subscribers of the Media is transferred to the Client. Any operation involving the collection of data on behalf of the Client, such as a competition or lead generation, is subject to a specific agreement.

Article 13. Confidentiality

The parties keep confidential the financial terms and the non-public information exchanged, for the duration of the contract and for 2 years after its end.

Article 14. Subcontracting

FLM may entrust all or part of a service to service providers of its choice, in particular writers, photographers and videographers, while remaining liable to the Client for their performance. For the duration of the service and for 12 months after its end, unless FLM has given its prior written agreement, the Client shall not directly engage, for similar services, the photographers, videographers and writers who worked on its behalf through FLM. Any breach gives rise to the payment of a fixed indemnity of 3,000 euros per person concerned.

Article 15. Force majeure

Subject to the specific provisions of appendices 4 and 5, neither party is liable for a failure caused by a force majeure event within the meaning of article 1218 of the French Civil Code. If the event concerned is cancelled or postponed by its organiser, the parties shall agree in good faith on a postponement or adaptation of the service.

Article 16. Termination

In the event of a serious breach by a party that is not remedied within 15 days of formal notice sent by registered letter or by e-mail with acknowledgement of receipt, the other party may terminate the contract. Services already performed remain payable.

Article 17. Governing law and disputes

The T&Cs and the contracts they govern are subject to French law. The parties shall first seek an amicable solution. Failing this, where the Client is a trader (commerçant), any dispute falls within the exclusive jurisdiction of the Lyon Economic Activities Court (Tribunal des activités économiques de Lyon), including in the event of multiple defendants or third-party proceedings. In other cases, in particular where the Client is an association, the dispute is brought before the competent court under ordinary rules.

Article 18. Miscellaneous

The invalidity of one clause does not affect the others. A party's failure to rely on a breach does not constitute a waiver. In the event of translation, the French version prevails.

Appendix 1: sponsored content (brands and organisers)

1. Services concerned

This appendix applies to content that FLM produces and distributes to promote a brand, a product or an event: articles, videos, sponsored newsletters, social media posts, product tests, participation in Test Camps and event coverage. The Order Form specifies the content, the Media, the schedule and any distribution commitments.

2. Sponsored content

FLM writes sponsored content based on the Client's brief, in the editorial tone of its Media. The Client is entitled to two rounds of corrections per item of content. It approves the content or submits its requests within 5 working days of receipt: failing this, the content is deemed approved. The Client may correct any inaccurate information about its brand or products. FLM retains the final decision on form, headline and tone.

3. Product tests and Test Camps

Tests are carried out with full editorial independence. The Client approves neither the content nor the verdict of a test, including when it pays FLM for its participation. It may only report, before publication, a factual error regarding the characteristics of its product. Products provided for a test are not returned, unless otherwise stated in the Order Form.

When a test is paid for, it is published with a notice indicating the partnership. Participation in a Test Camp is also governed by the rules specific to each edition.

4. Social media posts

Sponsored posts on FLM's accounts bear the notice "Advertisement" or "Commercial collaboration" and identify the partner brand, in accordance with the French law of 9 June 2023 on commercial influence. FLM guarantees neither the reach nor the engagement of posts, which depend on the platforms' algorithms. Once the operation has ended, in particular at the end of a competition, FLM may archive or hide the posts. Unless otherwise stated in the Order Form, no minimum period of online availability is guaranteed for social media posts. Any paid promotion of a post (boost) must be provided for in the Order Form.

5. Event coverage for organisers

For the coverage of an event, the organiser provides the FLM team with the necessary accreditations, access and information. When the coverage is ordered and paid for, it is identified as a partnership. Reports, results and rankings remain written under FLM's sole editorial responsibility. When the coverage gives rise to content delivered to the Client or published on its behalf, appendix 5 also applies.

6. Period of online availability

Sponsored articles and videos remain online for at least 12 months from their publication. Thereafter, FLM may keep them in archives, update them or remove them, and the Client may not require that they be kept online. The Client may only request the early removal of content on legal grounds or due to a proven factual error.

7. Client's rights in the content

Where the Order Form so provides, and after full payment, FLM grants the Client a non-exclusive, worldwide right, for the period specified in the Order Form or, failing that, 12 months, to reproduce and distribute the content on its own channels: website, newsletters and non-sponsored posts on its social media. On expiry of this period, the Client removes any reuse. Each reuse mentions the source, for example "© marathons.com".

Any use in purchased advertising space, on packaging, at points of sale or beyond this period requires a written agreement and an additional price. The rights granted in photos and videos produced by service providers and in the image of identifiable persons, such as athletes and testers, are limited to those held by FLM itself and are specified in the Order Form.

8. Operation report

Where the Order Form so provides, FLM sends the Client a report on the operation (audience, engagement, newsletter statistics) within 60 days of the end of distribution. The figures come from FLM's measurement tools and from the platforms concerned.

Appendix 2: event pages

1. Service

FLM offers organisers an enhanced event page in the calendar of its Media: written presentation, course, practical information, visuals and link to registration. The Order Form specifies the package, the Media, the content included, any featured placements and the duration.

2. Information provided by the organiser

The organiser provides the event information (dates, times, distances, prices, course, rules) and warrants its accuracy. It reports any change in writing as soon as it becomes aware of it. FLM updates the page within 15 working days of this notification. It is not liable for inaccurate information published before this update.

3. Identification

The enhanced page is presented as produced in partnership with the organiser.

4. Duration and basic page

The enhanced page is guaranteed to remain online until the date of the edition concerned. After that date, unless renewed for a new edition, which is subject to a new order, FLM may at any time remove it, archive it or replace it with a basic page. As the calendar is editorial content, FLM may maintain, outside any order, a basic page showing the event's public information.

5. Registrations

Registration links lead to the platform chosen by the organiser. FLM is not a party to any registration. When registration takes place on the Finishers platform, Finishers' general terms and conditions apply to that registration.

6. Liability

The organiser remains solely responsible for the organisation, safety, running and any cancellation of the event and for its relations with participants. FLM is only responsible for publishing the page in accordance with the information received.

7. Cancellation or postponement of the event

Cancellation of the event by the organiser does not give rise to any refund for a page already published. FLM updates the page to inform readers. If the same edition is postponed, the page is updated with the new date at no extra cost.

8. Visuals

The organiser warrants, under the conditions of article 4 of the T&Cs, that it holds the rights in the photos, videos and logos it provides, including when it has provided them to Finishers SAS. When it requests the publication of a photo, it indicates its author and remains solely responsible towards that author. It grants FLM the right to use them on the page and in content promoting the event for the entire period the page remains online.

9. Page texts

Texts written by FLM for the page remain its exclusive property, in accordance with article 10 of the T&Cs. The organiser may not reuse them on its website or its own media, including after the end of the order. It may, however, link to the page.

Appendix 3: display advertising

1. Service

FLM sells advertising space on its Media: banners, site takeovers, in-article formats and placements in newsletters. The Order Form specifies the formats, placements, Media, distribution period and, where applicable, the number of impressions ordered.

2. Sale to the advertiser and intermediaries

FLM sells its advertising space directly, without using real-time bidding mechanisms. In accordance with French law no. 93-122 of 29 January 1993 (the "Sapin law"), it sells it only to the advertiser. Where an intermediary orders on behalf of an advertiser, article 3 of the T&Cs applies: the intermediary acts under a written mandate and is solely responsible for complying with its own obligations.

Invoices are addressed to the advertiser, with a copy to its agent where applicable. Any discount or price advantage appears on the invoice and benefits the advertiser. FLM pays no remuneration or commission to the agent. Payment made by the agent only discharges the advertiser once the funds have been received by FLM.

Where an intermediary orders advertising space on behalf of an advertiser, it shall, on its own initiative, without prior request from FLM and no later than the signature of the Order Form, provide FLM with a certificate of mandate signed by the advertiser, together with the advertiser's company name, address and registration number. Obtaining and providing the mandate is the sole responsibility of the intermediary. FLM is under no obligation to verify its receipt or content and performs the order according to the agreed schedule. The absence of a mandate does not release either the intermediary or the advertiser from paying the sums due. FLM nevertheless retains the option, without being obliged to do so, of suspending the order until these documents have been provided. The intermediary warrants the accuracy of this information, the existence and scope of its mandate, and compliance with the obligations imposed on it by the Sapin law.

The intermediary is jointly and severally liable with the advertiser for payment of the sums due. It indemnifies FLM against any claim by the advertiser or a third party, and against any financial consequence, including legal fees, resulting from inaccurate information, from the absence or insufficiency of its mandate, or from invoicing instructions contrary to the Sapin law, to the extent permitted by law.

Where the intermediary asks to be invoiced instead of the advertiser, or does not provide the information needed to invoice the advertiser, FLM may follow its instructions in order to be paid. The intermediary then bears sole responsibility for the consequences and indemnifies FLM under the conditions set out in the previous paragraph.

3. Distribution report

In accordance with the Sapin law and French decree no. 2017-159 of 9 February 2017, FLM sends the advertiser directly, within one month of the end of distribution, a report specifying in particular the dates and Media of distribution, the overall price of the campaign and the unit price of the space invoiced.

4. Advertising creatives

The advertiser provides its creatives at least 5 working days before the start of distribution, in accordance with the technical specifications provided by FLM. Failing this, the distribution period runs from the scheduled date and the delay does not entitle the advertiser to any price reduction.

Creatives may not contain any script, pixel or tracker without FLM's prior written agreement. Where a tracker is accepted, it is only triggered after the reader's consent, in accordance with applicable regulations.

5. Refusal and removal

FLM may refuse or remove any creative that is unlawful, contrary to its editorial line or commercial interests, or damaging to the image of its Media. The Client may then provide a replacement creative within 2 working days.

6. Measurement and under-delivery

The number of impressions is established from the statistics of FLM's ad server, which are authoritative. In the event of a discrepancy of more than 10% with the advertiser's measurement tools, the parties shall examine the cause of the discrepancy in good faith.

If the ordered volume has not been reached at the end of the period, FLM extends distribution free of charge until it is reached. If an extension is impossible, FLM issues a credit note pro rata to the volume not delivered. No other compensation is due.

7. No exclusivity

Unless otherwise stated in the Order Form, distribution does not imply any exclusivity, including by sector: other advertisers, including competitors, may appear on the same Media.

8. Interruption of distribution

FLM does not guarantee uninterrupted availability of its Media. Only an interruption of more than 72 consecutive hours of a campaign with guaranteed volume or duration is compensated, by an equivalent extension of distribution, to the exclusion of any other compensation.

Appendix 4: event photography coverage

1. Service

FLM provides the photographic coverage of an event organised by the Client, using photographers that it selects, briefs and coordinates. The Order Form specifies in particular the number of photographers, the times, the positions or areas covered, any travel and accommodation costs, and the deadline for putting the photos online. Provision of the Finishers Memories platform is not part of the service: it is subject to a separate contract, concluded and invoiced by Finishers SAS.

2. Nature of the service

The service is a provision of services performed under FLM's sole direction. It does not under any circumstances constitute a provision of staff. Photographers receive their instructions from FLM. The Client addresses its requests to the contact person appointed by FLM and only gives the photographers the safety and logistics instructions specific to the event directly. It does not entrust them with any other task.

3. Client's obligations

The Client provides in good time the necessary accreditations, access to positions, maps, schedules and safety instructions. It informs participants, in its race rules and at registration, that the event is covered by photographers and that the photos may be used and offered to participants via the Finishers Memories platform, published by Finishers SAS.

4. Obligation of means

FLM undertakes to deploy the resources provided for in the Order Form. It does not guarantee that every participant will be photographed, nor a minimum number of photos per participant. The quality of the photos may depend on conditions beyond its control, such as weather, light, the density of the race or a change of course. If a photographer is absent, FLM endeavours to replace them. Failing this, the price is reduced pro rata, without any further compensation.

5. Ownership and use of the photos

FLM obtains from each photographer the assignment of copyright in the photos taken as part of the service. After full payment of the price, FLM assigns to the Organiser, on an exclusive basis, worldwide and for the entire legal term of protection, all these economic rights: reproduction, representation, adaptation and commercial exploitation, including the right to sell the photos to participants and to grant rights to its partners and sponsors. This assignment is remunerated by the price of the service.

The Organiser grants Finishers SAS the rights necessary to make the photos available and sell them on Finishers Memories, under the conditions agreed with it. Unless the Organiser objects in writing, FLM retains the right to use, free of charge, for the editorial coverage of the event by its media, the photos of its choice, in a reasonable number in view of that coverage.

Unsold photos only remain on Finishers Memories for the period provided for in its terms, namely one month from their upload. It is the Organiser's responsibility to download within this period those it wishes to keep for its own communication.

6. Personal data and image of participants

The processing of participants' photos, their identification and their provision on Finishers Memories are governed by the terms agreed with Finishers SAS and by the Finishers Memories privacy policy. Where a facial recognition search is offered, it may only be based on the express consent of each participant concerned. The Client promptly forwards to FLM or Finishers SAS any request from a participant concerning their image.

7. Cancellation and modification of the event

Cancellation of the service by the Client is governed by article 9 of the T&Cs. Travel and accommodation costs already incurred remain payable in all cases. Cancellation of the event by the Client, for whatever reason, including an administrative decision or weather conditions, is treated as a cancellation of the service. A change to the event, such as a change of schedule or course, does not entitle the Client to any price reduction provided the photographers are present.

8. Protection of participants' data

For the taking and uploading of photos, FLM acts as processor for the Client, which is the controller, within the meaning of article 28 of the GDPR. This appendix constitutes the specific agreement provided for in article 12 of the T&Cs. FLM undertakes to:

• process the photos solely to perform the service, in accordance with the Client's documented instructions, in particular the Order Form, and upload them to the Finishers Memories platform on the Client's instructions;
• ensure the confidentiality of the photos, making them accessible only to authorised persons bound by an obligation of confidentiality;
• implement appropriate security measures, in particular the protection of the photographers' storage media;
• use the photographers as sub-processors bound by equivalent obligations, which the Client authorises generally;
• have the photographers delete all copies of the photos within one month of the event;
• assist the Client in responding to participants' requests and in complying with its own obligations, in particular regarding security and impact assessments;
• notify the Client of any personal data breach without undue delay after becoming aware of it, in accordance with article 33 of the GDPR;
• make available to the Client the information necessary to demonstrate compliance with this article, and allow audits, limited to one per year, at the Client's expense, with 60 days' notice, carried out by an independent auditor bound by confidentiality and without disrupting FLM's business. FLM may first respond by providing the relevant documentation, with an on-site audit only taking place if this is insufficient.

The Client warrants the lawfulness of the processing, in particular the information of participants and, where facial recognition is activated, the collection of their express consent.

Appendix 5: content production on behalf of the Client

1. Services concerned

This appendix applies to content that FLM produces on behalf of the Client, whether organiser or brand: photo and video coverage of an event, best-of or after-movie films, teasers, short formats, content featuring the Client's athletes, live social media coverage, image banks, press releases, newsletters and other editorial content.

Depending on the Order Form, the service consists of publishing the content on FLM's media, where applicable as a joint publication with the Client, of delivering it to the Client as files, or both. Unless expressly stated in the Order Form, FLM is under no obligation to deliver to the Client any files, rushes, unselected photos, or source or working files, in any format.

2. Production and approval

FLM produces the content based on the Client's brief, with photographers, videographers, writers and community managers that it selects and coordinates, in accordance with article 14 of the T&Cs. It retains control over the production: choice of angles, editing, number and identity of the people involved and equipment, provided that the deliverables set out in the Order Form are met. The Client is entitled to two rounds of corrections per edited or written item of content. In the absence of feedback within 5 working days, or upon its first publication, the content is deemed approved.

3. Deadlines and real-time distribution

Real-time or same-day deliveries depend on conditions beyond FLM's control, in particular mobile network coverage, often saturated at major events, the weather and the progress of the race. The corresponding deadlines are targets, and exceeding them does not entitle the Client to any price reduction. Other deadlines set out in the Order Form run from receipt of the necessary materials provided by the Client.

4. Filming authorisations and image rights

The Client is responsible for obtaining all authorisations necessary for filming and for the use of the content: access to sites, accreditations and authorisation from the persons featured, in particular its athletes, ambassadors, partners and guests.

Where the Client is not the organiser of the event, in particular where a brand orders content about the athletes it supports, it is solely responsible for obtaining the agreement of the organiser, which holds the exploitation rights to its event under article L333-1 of the French Sports Code. By placing an order, the Client declares that it has this agreement or does not need it. FLM is under no obligation to request or verify it, and the Client indemnifies FLM, under the conditions of article 4 of the T&Cs, against any claim by the organiser or its partners.

Where the Client is the organiser, it informs participants, in its race rules, of the filming and use of images. FLM obtains, as far as possible, the written authorisation of the persons it films or photographs individually for an interview or portrait. Article 4 of the T&Cs applies to any claim relating to these authorisations.

5. Drone filming

Where this option is ordered, flights are carried out by a qualified remote pilot, in compliance with aviation regulations. FLM makes the required declarations and authorisation requests, with the Client's assistance. A flight may be cancelled or interrupted at any time for reasons of safety, weather or refusal by the authorities, without FLM incurring any liability. If no flight could take place for one of these reasons, the price of the option is credited, less 75% where the remote pilot travelled to the site.

6. Posts on the Client's accounts

Where the service includes posts made by FLM directly on the Client's accounts, the Client grants it dedicated and revocable access, preferably through delegated access rather than by sharing a password. Posts follow the line defined with the Client, which remains their publisher and is responsible for them. The Client revokes access at the end of the service. FLM is not liable for account security incidents that are not its fault.

7. Rights in the content delivered

By way of derogation from article 10 of the T&Cs, where the Order Form provides for the delivery of files, FLM assigns to the Client, after full payment of the price and on a non-exclusive basis, worldwide and for the entire legal term of protection, the rights of reproduction, representation and adaptation in the files actually delivered, for any communication use by the Client on any medium, including for the benefit of its partners and the media.

Content published by FLM without delivery of files remains its exclusive property. The Client may share and relay it using the platforms' features, such as sharing, reposting or joint publication, but may not download, reproduce or modify it without FLM's written agreement. Its period of online availability is governed by article 6 of appendix 1.

In all cases, FLM retains the right to use all content and rushes, whether delivered or not, for publication on its media, for the editorial coverage of the event by its media and for presenting its commercial references.

FLM may also offer a selection of photos and videos to press agencies and media, for exclusively editorial use, without having to inform the Client beforehand. The Client may object to this at any time in writing, for the future.

8. Music and third-party elements

Music included in videos comes from licensed libraries or is provided by the Client. Rights in this music are limited to the uses and platforms provided for by the licence and specified in the Order Form. Unless otherwise stated, they exclude in particular television broadcasting, cinema and paid advertising. Any other use requires FLM's prior agreement and, where applicable, an additional licence at the Client's expense. Music provided by the Client falls under article 4 of the T&Cs.

9. Joint publication

Where content produced for the Client is also published on FLM's media, this publication is identified as a partnership, in accordance with article 6 of the T&Cs and appendix 1.

10. Press releases and editorial content

FLM writes press releases, articles and newsletters based on the information provided by the Client, which warrants its accuracy and approves them before any distribution. The Client is solely responsible for their publication and distribution, to the media and to its subscribers. Unless otherwise stated in the Order Form, the service includes neither sending to journalists nor press relations. Newsletters are sent by the Client from its own contact lists, which it warrants comply with the GDPR. Writing a press release for the Client does not bind the editorial line of FLM's media, which remain free to cover the information or not.

11. Cancellation of the event

Article 7 of appendix 4 applies to services performed at an event.

12. Content from FLM's editorial coverage

FLM covers certain events as a media outlet, where applicable under press accreditation issued by the organiser. When, at the Client's request, it provides the Client with photos or videos from this editorial coverage, this content is provided as is and for editorial use only, unless the Client has obtained the organiser's written authorisation to the contrary.

The Client acknowledges that the use by a brand or company of images of a competition, including to promote its athletes or ambassadors and even without naming the event, may be regarded by the organiser as a commercial exploitation of its event, subject to its authorisation under article L333-1 of the French Sports Code. Any use of this content for promotional or commercial purposes, in particular on the Client's social media, is at its sole responsibility, after it has obtained the organiser's agreement.

FLM may attach the notice "editorial use only" to this content, which the Client undertakes to respect. It may refuse to provide it where the terms of its accreditation prohibit it.

13. Removal requests

The Client removes promptly, and at the latest within 24 hours, any content whose removal is requested by FLM, by the event organiser or by a person depicted, or which is the subject of a formal notice. It informs FLM promptly and sends it a copy of any claim received. Removal does not give rise to any refund. The Client indemnifies FLM, under the conditions of article 4 of the T&Cs, against any claim resulting from its use of the content.