[Media-watch] embedded reporters

[William Dinan]

The contract embedded reports signed:

Embedding Release for Iraq 2003
U.S. Department of Defense
The US Military has agreed to allow some 600 journalists to be "embedded" in
military units in the Persian Gulf region to aid in the media's coverage of
a possible war with Iraq. Below is the release that journalists wishing to
embed must sign:
 
RELEASE, INDEMNIFICATION, AND HOLD HARMLESS AGREMEENT AND AGREEMENT NOT TO
SUE
1. The United States of America (the "Government"), acting by and through
the Department of Defense, believes it to be mutually beneficial to both the
Government and news media organizations ("media organizations") to place
selected news media organization employees ("media employees") with selected
military units ("military units") for the purpose of providing news media
coverage before, during, and after military operations. The placement of
media employees with military units is referred to in this Agreement as
"embedding" or the "embedding process" and will require media employees to
live, travel, eat, sleep, and conduct all professional and personal
activities with the military unit to which the media employees are
"embedded."
2. Definitions.
a. The term "Government" means the United States Government, including its
departments, subdivisions, agencies, instrumentalities, officers, employees
(including military and civilian personnel), servants, contractors,
volunteers, and agents.
b. The term "media organization" means the "media employee's" employer, a
registered U.S. or foreign profit or not-for-profit organization, its
successors, and assigns.
c. The term "media employee" means an employee or agent of a "media
organization", his or her guardians, executors, administrators, heirs, and
assigns.
3. Media organizations and media employees understand and agree that the
embedding process will expose media employees to the same risks and hazards
as those to which the military members of military units are exposed,
including the extreme and unpredictable risks of war, combat operations, and
combat support operations, as well as common and uncommon hazards of
military living. Media organizations and media employees fully understand
and appreciate the following:
a. The embedding process will expose media employees to all hazards of a
military environment, including but not limited to the extreme and
unpredictable hazards of war, combat operations, and combat support
operations. The military environment is inherently dangerous and may result
in death or personal injury of media employees or damage to personal
property.
b. The embedding process may include strenuous and inherently dangerous
activities, including transportation in, and close proximity to, military
tactical vehicles, aircraft, watercraft, and other Government (and
Government contracted) vehicles and may involve substantial risk of serious
injury or death as the result of the media employee's own actions or
inaction, the actions or inactions of others including agents, contractors,
officers, service members, and employees of the Government, the conditions
of the Government facility and the natural environment, the known or unknown
condition of any government-furnished equipment, and the inherent dangers of
war, combat operations, and combat support operations.
c. The embedding process requires media employees to be in overall good
physical health and condition. Persons who are not in overall good physical
health and condition should not participate in the embedding process. Media
employees should consult their physicians prior to embedding to be certain
they are qualified to do so. Persons with a history of heart or lung disease
or conditions, or coronary disease, or other chronic or pervasive diseases
or conditions may not participate. Likewise, those women currently pregnant
may not participate. Anyone suffering from any injuries, conditions,
ailments or pre-existing conditions that could be affected by the embedding
process may not participate.
d. As part of the embedding process, the Government will make available
anthrax and smallpox vaccinations to media employees, provided it is done at
no cost to the Government (full reimbursement of all Government costs) and
provided that the media employees sign an additional agreement regarding the
risks involved. These vaccinations are voluntary and are not a prerequisite
for participating in the embedding process. Media organizations and media
employees agree, for those media employees choosing to receive the anthrax
and smallpox vaccinations, that this Release, Indemnification, and Hold
Harmless Agreement and Agreement Not to Sue specifically includes all risks
and hazards associated with the smallpox and anthrax vaccinations, including
any negative reactions, adverse effects, including the media employee's
illness, infirmity, or death.
4. The media employee agrees to:
a. Participate in the embedding process and to follow the direction and
orders of the Government related to such participation. The media employee
further agrees to follow Government regulations. The media employee
acknowledges that failure to follow any direction, order, regulation, or
ground rule may result in the termination of the media employee's
participation in the embedding process.
b. Voluntarily, willingly, and knowingly ASSUME ANY AND ALL RISKS, known and
unknown, in any way associated with the embedding process, war, combat
operations, and combat support operations.
c. RELEASE, INDEMNIFY, AND HOLD HARMLESS the Government from and against any
claims, demands, actions, liens, rights, subrogated or contribution
interests, debts, liabilities, judgments, costs, and attorney's fees,
arising out of, claimed on account of, or in any manner predicated upon the
media employee's participation in the embedding process, including any loss
or damage to property or the personal injury or death of any person which
may occur as a result of the media employee's participation in the embedding
process, even where that loss, damage, personal injury, or death is caused
or contributed to, in any manner, by the Government.
5. The media organization agrees to permit its media employees to
participate in the embedding process. As a condition of being permitted to
participate in the embedding process, the media organization agrees to
RELEASE, INDEMNIFY, AND HOLD HARMLESS the Government from and against any
claims, demands, actions, liens, rights, subrogated or contribution
interests, debts, liabilities, judgments, costs, and attorney's fess arising
out of, claimed on account of, or in any manner predicated upon the media
employee's participation in the embedding process, including any loss or
damage to property or the personal injury or death of any person, even where
that loss, damage, personal injury, or death is caused or contributed to, in
any manner, by the Government.
6. The media organization and media employee hereby covenant and agree they
will never institute, prosecute or in any way aid in the institution or
prosecution of any demand, claim or suit against the Government for any
destruction, loss, or damage to the media organization's property or the
media employee's property, or the personal injury or death of media
employees which may occur as a result of the media employee's participation
in the embedding process.
7. The media organization and media employee grant express, voluntary, and
knowing consent to the rendering of all emergency medical or dental
treatment that may, in the professional judgment of a Government medical or
dental officer, become necessary while participating in the embedding
process. Transportation to a definitive Government or commercial care
facility may be required as an adjunct to authorized emergency medical or
dental care. Persons receiving Government medical or dental care who are not
otherwise eligible to receive such care shall be obligated to reimburse the
Government.
8. The media organization and the media employee understand and agree that
the Government may terminate the embedding process at any time and for any
reason, as the Government determines appropriate in its sole discretion.
9. This Release, Indemnification, Hold Harmless Agreement and Agreement Not
to Sue shall be interpreted according to federal law. It is to be construed
as broadly and inclusively as is permitted by relevant federal law. If any
portion of this document is held invalid, the balance shall continue in full
force and effect.
___________________________ ____________________
Media Employee's Signature Date
___________________________ ____________________
Media Organization Date
By:________________________
http://www.journalism.org/resources/tools/ethics/wartime/embedding.asp