Article 37 PLAYER APPEARANCES AND ADDITIONAL CONTENT ACTIVITIES/UNIFORM

37.1 Player Activities on Behalf of the NBA.

1. Appearances. A player may, during each Salary Cap Year covered by a Player Contract to which he is a party, be required to make up to two (2) appearances at the request of NBA Properties, Inc. in accordance with Paragraph 13(d) of a Uniform Player Contract and Article II, Section 8. Any appearance that a player is required to make shall comply with the terms of Article II, Section 8, and when a player makes an appearance in accordance with this Section, he shall be paid at least $3,500.
2. NBA Player Days. Upon request by the NBA, a player shall be required to participate one (1) time each Salary Cap Year covered by a Player Contract to which he is a party in an NBA-arranged “NBA Player Day” content creation session (e.g., filming (x) a sit-down interview with the player where the player discusses basketball and/or non-basketball-related topics, (y) a player’s visit to his hometown, or (z) a player’s performance in a major NBA brand advertising campaign). A player’s required participation in any such session will last no longer than two (2) hours and shall count as one (1) individual or group appearance as applicable under Article II, Section 8(a)(i). An NBA Player Day shall be planned by the NBA with consideration for the player’s schedule in accordance with the following:
   1. Participation Windows. A player’s NBA Player Day for a Salary Cap Year may take place during any of the following periods: (1) during the off-season preceding the applicable Season; (2) during All-Star Weekend for a player who is participating in an All-Star Weekend game or event; or (3) if agreed to by the player and the NBA, on a date during the Season other than All-Star Weekend.
   2. Off-Season Scheduling. Prior to the NBA Draft (or, for players selected during such NBA Draft, within fifteen (15) days of such NBA Draft), the NBA will notify those players selected to participate in an NBA Player Day during the off-season, and each such player shall promptly provide either five (5) consecutive dates or eight (8) non-consecutive dates on which he is available to participate within the period beginning one (1) week after the Draft and ending at the start of training camp for the following Season. Within one (1) week of receiving such dates, the NBA will notify the player of which date of those provided has been selected for the player’s participation in his NBA Player Day.
   3. All-Star Scheduling. At least fifteen (15) days prior to the commencement of All-Star Weekend, the NBA will notify those players who have been selected to participate in an NBA Player Day during that weekend, and the NBA and each such player shall cooperate to designate a mutually agreeable time during such weekend for such player to participate in his NBA Player Day.
   4. No Player Travel Required. Unless otherwise agreed to by the player, a player shall not be required to travel from his location (other than local ground transportation) to participate in his NBA Player Day.
   5. Advance Notice. Subject to consultation with the respective individual players, the NBA shall provide each player with advance notice of the specific content plans (e.g., one-on-one interview, local charity visit) for his NBA Player Day.
3. Player Access to NBA Player Day and Player Appearance Content. Footage captured by or on behalf of the NBA or Team during an NBA Player Day or a Team content creation activity described in Article II, Section 8(a)(iii)(B) shall, upon request, be made available by the NBA or the Team to the player solely for use in Player-Produced Content (as defined in Section 2(a) below) in accordance with the requirements and terms in Section 2 below. The NBA shall also accommodate a reasonable request from a player to allow a separate player-secured production crew to attend an NBA Player Day involving such player, subject to reasonable parameters provided by the NBA (e.g., relating to SAG rules for applicable content involving SAG talent).
4. When a player fails, without reasonable excuse, to appear or reasonably to cooperate during any of the activities referred to in this Section 1, he may be fined for each failure in an amount up to $20,000.

37.2 Additional Content Opportunities for the NBA and Players.

1. Use of NBA Content for Player-Produced Content. A player shall, upon request, receive footage of such player captured by or on behalf of the NBA or Team described in Section 1(c) above, via a secure content network that the NBA shall use good faith efforts to maintain in regular working order (the “Content Network”), for the purpose of incorporating such footage into content produced by or on behalf of such player during such Season (“Player-Produced Content”), which may be used by such player subject to the requirements and terms set forth in this Section 2.
2. Content Participants and Additional Player Content Opportunities. For any Season, a “Content Participant” means (for purposes of this Article XXXVII) a player who agrees in writing by the September 1 prior to the Season either to (x) participate in three (3) content creation activities during the Season, that are in addition to activities otherwise required under this Agreement and/or the Uniform Player Contract and that are described in subsection 2(b)(i) below, or (y) license the use of his Player-Produced Content on NBA and/or Team platforms, as described in subsection 2(b)(ii) below. A Content Participant for a Season shall, upon request, receive footage captured by or on behalf of such player described in Section 2(b)(i) below and game footage and game photos as described in Sections 2(c) and 2(d) below for the purpose of incorporating such footage and photos into Player-Produced Content, and other such uses as described in Sections 2(c) and 2(d) below, during such Season and the immediately following offseason, subject to the requirements and terms set forth in this Section 2. For clarity, “game footage” and “game photos” include any images from a game, including game action and players on-court, in the tunnel, or elsewhere in the arena or other team facility.
   1. Additional Content Creation Activities. If requested by the NBA, a Content Participant who has selected the option described in subsection 2(b)(x) above shall participate in three (3) of any of the following content creation activities each Season (in each case, as determined by the NBA, but for no longer than thirty (30) minutes per activity): (A) a live digital/social content interview or activity; (B) a recorded NBA content session (e.g., a performance in an NBA brand campaign); and (C) an off-court/out-of-arena interview during the Season (e.g., a live remote interview).
   2. Provision of Player-Produced Content to the NBA and Team. Upon the NBA’s request, a Content Participant who has elected the option described in subsection 2(b)(y) above shall promptly make available to the NBA via the Content Network, and shall be deemed to have licensed the NBA and the Team on a non-exclusive, royalty free basis, Player-Produced Content that includes or depicts any NBA or Team footage described in Sections 1(c) above, any game footage, and/or any game photos, for use, during and after the term of this Agreement, on NBA and/or Team platforms (the “Player-Produced Content License”), it being understood that the NBA or Team shall be responsible for the procurement of any applicable third-party content licenses to permit it to use such Player-Produced Content. Any Player-Produced Content that is used on NBA and/or Team platforms may not include any sponsorship unless agreed to by the player and the NBA. In addition, this Section 2 does not confer any right or authority for the NBA or any Team to use any Player-Produced Content in a way that constitutes an unauthorized Endorsement (as such term is defined and clarified in Article XXVIII).
3. Use of Game Footage.
   1. Automated Delivery of Game Highlights. Promptly following the conclusion of each Regular Season, Play-In, and playoff game in which a Content Participant participates, the NBA shall make available to such Content Participant at least two (2) “highlights” (i.e., game footage clips) from that game featuring such player, subject to availability.
   2. Selection of Game Highlights by Content Participant. A Content Participant may request to substitute an automatedly-distributed game highlight for another game footage clip of such player from such game and the substituted clip shall be delivered within one (1) week of the request.
   3. Use by Content Participants. Game footage shall be made available to a Content Participant via the Content Network and, subject to the terms and requirements of this Section 2, may be posted by the applicable Content Participant on applicable Designated Distribution Platforms (as defined in Section 2(f) below), as follows:
      1. On an “Unedited” basis — i.e., not presented in conjunction with or incorporated into any other content (e.g., non-game content, other game highlights) and without alteration other than formatting necessary to post on the applicable platform, it being understood that the foregoing shall not restrict non-video elements that would customarily accompany such a posting (e.g., a written caption accompanying a highlight on a Designated Distribution Platform); and/or
      2. As incorporated into Player-Produced Content, provided that (x) a maximum of five (5) minutes of game footage may be incorporated within one (1) or more pieces of Player-Produced Content each Salary Cap Year produced by the player and (y) no single piece of Player-Produced Content may include more than one (1) minute of game footage.
   4. NBA Promotional Messaging in Game Footage. The NBA may include or cause the inclusion of promotional messaging on behalf of the NBA or Team into the game footage that is made available to, and that may be used by, a Content Participant; provided that such promotional messaging is subject to the approval of the Players Association. Each of the following types of promotional messaging is hereby approved by the Players Association: (1) game tune-in messaging; (2) promotion of NBA-branded and controlled content platforms (e.g., the NBA mobile application); and (3) ticket sales promotion.
4. Use of Game Photos.
   1. Automated Delivery of Game Photos. Promptly following the conclusion of each Regular Season, Play-In, and playoff game, the NBA shall make available to each Content Participant for such Season that is active during the game at least two (2) game photos of the player from that game, subject to availability, which, subject to the terms and requirements of this Section 2, the player may post on applicable Designated Distribution Platforms.
   2. Selection of Game Photos by Content Participant. A Content Participant may request to substitute an automatedly-distributed game photo for another selected game photo of such player from such game and the substituted photo shall be delivered within one week of the request.
   3. Incorporation into Player-Produced Content. A Content Participant may include game photos made available pursuant to this Section 2(d) within Player-Produced Content.
5. Authorized Uses. The NBA hereby licenses on a non-exclusive, royalty-free basis a player to use footage of such player captured by or on behalf of the NBA or Team described in Section 1(c) above for inclusion in Player-Produced Content and, in the case of a Content Participant, footage of such player captured by or on behalf of the NBA or Team described in Section 2(b)(i) above, game footage and game photos, which, in each case, may be made available by such player during and after the term of this Agreement, subject to the requirements and terms of this Section 2, including the following requirements and terms:
   1. Player-Produced Content shall be (1) required to be primarily focused on the applicable player (and, for clarity, not on the NBA or any Team, it being understood that such content could include incidental appearances of other players) and (2) subject to any other parameters related to the content licensed from the NBA and reasonably established by the NBA (e.g., a player could not post a clip of an NBA commercial created during an “NBA Player Day” until the commercial has been officially launched by the NBA);
   2. The incorporation of game footage into Player-Produced Content or other uses of game footage, if applicable, shall be subject to NBA agreements with third parties that limit such use outside of the United States and Canada;
   3. Distribution of Player-Produced Content, game footage, and game photos, if applicable, shall be limited to the Designated Distribution Platforms set forth in Section 2(f) below; and
   4. Such player shall be responsible for the procurement of any applicable third-party content licenses to permit such player to use such Player-Produced Content, NBA- or team-captured content, game footage and/or game photos.
6. Designated Distribution Platforms. A player shall be permitted to distribute or “post” (but, for clarity, not to license in a commercial transaction) applicable Player-Produced Content and, with respect to Content Participants, game footage and game photos on the following distribution platforms (the “Designated Distribution Platforms”): (i) the player’s own “official” (i.e., controlled by the player and/or his representatives) website and mobile application; and (ii) the player’s own “official” handles on Social Media Platforms. “Social Media Platforms” means social media platforms on which the NBA and/or NBA Teams then-currently post content through official handles. Upon request, the NBA shall provide from time to time the list of Social Media Platforms that meet the above definition.
7. Limitation on Sponsorship and Advertising. No game footage, game photos, and/or Player-Produced Content that includes any NBA- or Team-captured content, game footage and/or game photos, may be used or distributed by a player in connection with any sponsorship or advertising for any product, service, or brand (including, for clarity, sponsorship of a Designated Distribution Platform on which any such content appears).
8. Other Permitted Uses Subject to NBA Approval. A player may use game footage, game photos, or NBA-captured content outside of the parameters described in this Section 2, and/or for a commercial purpose, if approved in writing by the NBA. Players and the NBA each retain the right to enter into arm’s length transactions, on mutually agreeable terms, to license game footage and game photos, and/or other NBA intellectual property, including without the player having to grant any corresponding licenses to the NBA.
9. Content Advisory Council. A Content Advisory Council, composed of players and representatives from the Players Association and NBA, shall be established to consult on the development and distribution of Player-Produced Content and other content described in this Section 2 and any process or operational matters related to the cooperation of the parties as described in this Section. The Content Advisory Council shall also discuss, among other things, best practices and opportunities in connection with the creation of content.
10. Process Matters. The NBA (on behalf of itself and the NBA Teams) shall designate a representative responsible for communicating and receiving the requests and notifications under this Section (e.g., a player’s request for NBA Player Day footage) and shall communicate with players directly with respect to such requests and notifications.

37.3 Indemnity.

Neither the NBA nor any Team shall be liable for any monetary or non-monetary claims arising out of or relating to Paragraphs 13(f), or 14(a) of the Uniform Player Contract (the “Designated Player Contract Provisions”). The Players Association indemnifies, saves and holds harmless the NBA, each Team, and each of its and their respective affiliates, owners, directors, governors, officers and employees, and the successors, assigns and personal representatives of the foregoing parties, against any and all claims, demands, suits, or other forms of liability that may arise, directly or indirectly, in connection with the Designated Player Contract Provisions, including their enforcement and/or application, provided that any such claim is not due to the breach of the Group License (as defined in the Uniform Player Contract) by the NBA, any Team or any League-related entities that generate BRI; provided, further that, the Players Association is notified of such claim in writing (and, in no event later than five (5) days from the receipt thereof), is given the opportunity to assume the defense thereof, and the NBA, its Teams and/or other indemnified parties in accordance with this Section (whichever is sued) use their best efforts to defend such claim, and do not admit liability with respect to and do not settle such claim without the prior written consent of the Players Association.

37.4 Uniform.

1. During any NBA game or practice, including warm-up periods and going to and from the locker room to the playing floor, a player shall wear only the Uniform as supplied by his Team. For purposes of the preceding sentence only, “Uniform” means all clothing and other items (such as kneepads, wristbands, and headbands, but not including Sneakers) worn by a player during an NBA game or practice. “Sneakers” means athletic shoes of the type worn by players while playing an NBA game.
2. Other than as may be incorporated into his Uniform and the manufacturer’s identification incorporated into his Sneakers, a player may not, during any NBA game, display any commercial, promotional, or charitable name, mark, logo, or other identification, including, but not limited to, on his body, in his hair, or otherwise.