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Participant Release and Waiver
On behalf of myself and each child between the ages of 13 and 18 years old for whom I am his/her parent/guardian (“my child”), I acknowledge that participation by me/my child (each, a “Participant”) in any activity related to a Major League Baseball event or activity (the “Event”) is voluntary and that the opportunity to participate in the Event shall be sufficient consideration for this Participant Release and Waiver (“Release”). I represent that I understand the nature of the activities associated with the Event and that I am/my child is qualified, in good health, and in proper physical condition to participate in the Event. I acknowledge that if I believe Event conditions are unsafe in any way, I will immediately discontinue my/my child’s participation in the Event. I fully understand that participation in the Event involves risks of serious bodily injury, illness, or property damage, including permanent disability, paralysis, and death, which may be caused by my/my child’s own actions or inactions, those of others participating in the Event (directly or indirectly), the conditions in which the Event take place, and the negligence of MLB, or any MLB Person (as each is defined below). I understand, accept, and assume all risks and dangers inherent and relating to my/my child’s participation in the Event.
I hereby certify that I/my child will abide by the rules and regulations of the Event. Any violation of such rules and regulations subjects me/my child to immediate disqualification from the Event.
To the fullest extent permitted by applicable law, I hereby release, forever discharge, and covenant not to sue Major League Baseball Properties, Inc. (“MLBP”), MLB Advanced Media, L.P., the Office of the Commissioner of Baseball, each of the Major League Baseball clubs, The MLB Network, LLC (collectively, "MLB"), Jack Morton Worldwide, Inc., any entity with jurisdiction over the Event, the operator/operator of the venue in which the Event is held, Think Broccoli, LLC, Live Nation, Inc., present and future entities associated with the Event, and each of their respective past, present and future related entities, subsidiaries, affiliates, officers, directors, partners, owners, shareholders, governors, agents, servants, officials, employees, volunteers, successors, assigns, rightsholders, sponsors, and/or other licensees (each, an “Event Person” and, collectively, the “Event Persons”), and MLB and/or the Event Persons shall not be responsible for any death, illness, personal injury, property damage, or other loss suffered as a result of my/my child’s participation in the Event, including as a result of the negligence of MLB or any Event Person. The foregoing shall constitute a release and waiver of all liability, claims, demands, losses, or damages of whatever kind or nature, either in law or in equity, on my/my child’s account arising from my participation in the Event.
By signing below and/or participating in the Event, I hereby grant MLB and the Event Persons the irrevocable, non-exclusive, transferable, sublicensable and assignable right to depict, without any additional consideration, and in perpetuity, in any and all media now or hereafter known, my/my child’s likeness, image, name, words, voice, biographical information (including date of birth and hometown), (collectively, “Images”) in photographic or other recorded works for purposes of promoting, advertising, or marketing current or future events related to baseball and/or the Event, and I agree that such Images may be used by MLB and/or the Event Persons for all such purposes without my approval. In addition, I hereby release and waive any action or cause of action that I/my child may assert in connection with the use of the Images including, but not limited to, any claims which I have/my child has or may have for invasion of privacy, defamation, violation of any right of publicity, or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast, or exhibition of advertisements, promotions, content, programs and/or materials in which the Images appear.
I agree that by signing below, I hereby forever release, discharge and covenant not to sue MLB and/or the Event Persons, and I will indemnify and defend MLB and the Event Persons from and against any and all liability arising from my/my child’s participation in the Event. I hereby provide the foregoing Release for myself/my child, my/my child’s personal representatives, assigns, heirs, next of kin and any other person or entity that may be entitled to make such a claim on my/my child’s behalf. I further agree that if, despite this Release, waiver of liability and assumption of risk I, or anyone on my behalf, makes a claim against MLB and/or any Event Person, I will indemnify, save, and hold harmless each of such persons and/or entities from any claim, loss, liability, damage, or cost which may incur as a result of such claim, including attorneys’ fees incurred by any such persons or entities defending against such claims.
This Release shall be governed by the laws of the State of New York, without regard to applicable conflicts of laws provisions or the principles of comity. I expressly waive and relinquish any and all rights or benefits that I/my child may now have, or in the future may have as to the matters released herein. This Release is intended to cover all claims in connection with and/or arising out of my/my child’s participation in the Event. Should any claims be deemed not to be covered by this Release, I agree that all such claims that I wish to pursue (on my or my child’s behalf) against MLB or any Event Person, including any dispute over the terms or coverage of this Release (i) must be brought against MLBP only and may not be brought against any other MLB entity or Event Person and (ii) may be brought on an individual basis only through confidential, final and binding arbitration before a private and impartial arbitrator conducted in New York, New York in accordance with the then-current American Arbitration Association Rules & Procedures. I hereby waive my right to commence, or be a party to, any class or collective claims or to bring jointly with any other person any claim against MLB or any Event Person. I agree that the arbitrator shall have the power to award any remedies, including attorneys’ fees and costs, available under applicable law. In agreeing to submit all disputes for resolution by arbitration, I acknowledge that such agreement is given in exchange for the rights to which I am/my child is not otherwise entitled: namely being permitted to participate in the Event and the more expeditious and confidential resolution of any such disputes.
I represent that, if this form is not signed below by my parent or guardian, I am eighteen (18) years of age or older.
I HAVE READ THIS RELEASE AND HAVE VOLUNTARILY SIGNED BELOW, AND I ACKNOWLEDGE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN STATEMENT HAVE BEEN MADE OR OFFERED TO ME BY MLB, MiLB OR EVENT PERSONS.