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PLAY BALL - Flint, Michigan

2017 Event Participant Release and Waiver

I acknowledge that my child’s participation in any activity related to any Major League Baseball-related event (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 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 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 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 the released persons and entities stated below. I understand, accept, and assume all risks and dangers inherent and relating to my child’s participation in the Event. 

In consideration of my child’s participation in the Event, I hereby release, forever discharge, and covenant not to sue Major League Baseball Properties, Inc., the Office of the Commissioner of Baseball, MLB Advanced Media, L.P., Major League Baseball Charities, Inc., Major League Baseball Urban Youth Foundation, The MLB Network, LLC, each of the Major League Baseball Clubs and other affiliated entities associated with the Event (collectively, "MLB"), any entity with jurisdiction over any venue in which an Event is held, and each of their respective past, present and future related entities, subsidiaries, affiliates, officers, directors, partners, owners, shareholders, governors, agents, servants, officials, employees, volunteers, participants, successors, assigns, rightsholders, sponsors, and/or other licensees (each, an “MLB Person” and collectively, the “MLB Persons”), and MLB and the MLB Persons shall not be responsible for any death, illness, personal injury, property damage, or other loss suffered, including relating to my child’s amateur status, as a result of my child’s participation in the Event, including as a result of the negligence of MLB or any MLB 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 or my child’s account (including anyone acting on my or my child’s behalf) arising from my child’s participation in the Event. 

By signing below and/or participating in the Event, I hereby grant MLB and the MLB 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 child’s likeness, image, name, words, voice and/or biographical information (collectively, “Images”) in photographic or other 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 (including its rightsholders, sponsors and/or other licensees) and the MLB Persons for all such purposes. In addition, in connection with the use of the Images, I hereby release and waive any action or cause of action that I or my child (including anyone acting on my or my child’s behalf) may assert in connection with the use of the Images including, but not limited to, any claims which I or my child (including anyone acting on my or my child’s behalf) have 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 further agree that by signing below, I hereby forever release, discharge and covenant not to sue MLB and the MLB Persons, and I will indemnify and defend MLB and the MLB Persons from and against any and all liability arising from my child’s participation in the Event. I hereby provide the foregoing Release for myself, my child, 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 or my child’s behalf. I further agree that if, despite this Release, I, or anyone on my behalf, makes a claim against MLB or the MLB Persons, 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 may now have, or in the future may have as to these matters released herein. This Release is intended to cover all claims in connection with and/or arising out of my participation. Should any claims be deemed not to be covered by this Release, I agree that all legal claims I wish to pursue against MLB or any MLB Person, including any dispute over the terms or coverage of this Release, may be brought on an individual basis only through confidential, final and binding arbitration before a private and impartial arbitrator (conducted in accordance with the then-current AAA Arbitration Rules & Procedures), and 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 MLB Person. I agree that any such claims must be brought against Major League Baseball Urban Youth Foundation only and may not be brought against any other MLB entity or MLB 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 not otherwise entitled: namely being permitted to participate at the Event and the more expeditious and confidential resolution of any such disputes.