2020 TORONTO BLUE JAYS FAN CUTOUT CREW PROGRAM

The 2021 Toronto Blue Jays Fan Cutout Crew program (the “Program”) is an initiative organized by Rogers Blue Jays Baseball Partnership (“RBJBP”) in order to produce life-sized, two-dimensional cutouts made of corrugated plastic, cardboard or other materials determined by RBJBP, of photographic images voluntarily submitted by fans (each, a “Fan Cutout”) and placing such Fan Cutouts in certain seats at the Toronto Blue Jays_’ home stadium (the “Stadium”) during certain _Toronto Blue _Jays_’ 2021 Major League Baseball regular season home games.

In consideration of being permitted by RBJBP to purchase a Fan Cutout and participate in the Program, I hereby acknowledge, appreciate and agree that:

1. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, I hereby irrevocably grant RBJBP, Rogers Stadium Limited Partnership (“RSLP”), the MLB Entities (as defined below), their affiliates, and each of their respective agents, employees, volunteers, assignees, licensees, sponsors, broadcast partners and vendors (the “Authorized Parties”) the right and licence to use any image, photograph, or likeness that I have submitted, am submitting or will submit voluntarily in connection with the Program (collectively, the “Image”) for the purposes of reproducing, altering and printing the Image in order to produce a Fan Cutout for use in the Program and I acknowledge and agree that, following such grant, I hold no rights in or to the Image and/or the Fan Cutout (collectively, the “Media”). I acknowledge and agree that RBJBP will be the first and exclusive owner of the copyright in any and all Media and I hereby waive any and all claims to any right, title or interest therein or thereto (including, but not limited to, all trademarks, copyrights and other intellectual property rights in and to the Image, the Fan Cutout, and any other attributes related therewith). I further hereby irrevocably authorize the Authorized Parties to reproduce, display, depict, publish, broadcast, telecast, cablecast, rerun, distribute, transmit, exhibit, sell, rent, licence, alter without restriction and otherwise use or exploit any and all Media (collectively, the “Materials”) throughout the world and in perpetuity, in all manner and media, whether now known or hereafter devised, including, without limitation, all forms of print and digital media, for advertising, promotion, trade, commerce and any other lawful purposes. Without restricting the generality of the foregoing, I specifically authorize the Authorized Parties to incorporate the Materials and/or any derivative works into broadcasts or rebroadcasts of Toronto Blue Jays or other Major League Baseball games, Stadium features, or other television and/or web-based commercials or other content (including social media content) related to the Toronto Blue Jays, its games, events and/or players for commercial purposes, exploitation, the purpose of trade, promotion, advertising, public relations, publicity, packaging, and/or otherwise without notification or payment of any compensation to me, my heirs, legal representatives, successors and assigns, or any other person. Nothing herein shall constitute any obligation by the Authorized Parties to make use of the Image and/or Fan Cutout. I hereby waive all moral rights in respect of the Image and all rights of inspection or approval regarding any use of the Materials. I warrant and represent that I have the authority to grant the foregoing rights and shall fully indemnify and hold harmless the Authorized Parties in relation thereto.
2. I certify, represent and warrant that the Image is an original work of authorship and that I own all right, title and interest in and to the Image and that I have the express permission of all applicable individuals and the rights necessary to use all content and materials embodied in the Image and to submit the Image for use by the Authorized Parties in connection with the Program and/or the Fan Cutout. Without limiting the generality of the foregoing, the Image does not: (i) include content in violation of intellectual property rights or laws, including without limitation, content displaying trademarks and/or logos owned or licensed by third parties (other than RBJBP); (ii) show any identifiable individual, other than myself, a minor for whom I am the parent or legal guardian (each, a “Minor”), or another individual who has expressly granted me permission to submit the Image and purchase a Fan Cutout on their behalf (each, an “Other Individual”); (iii) portray obscene, lewd, explicit, discriminatory, derogatory, violent, offensive, infringing or otherwise inappropriate content; or (iv) include any commercial advertisements (including slogans, websites or phone numbers), social media handles or hashtags, statements or endorsements of political candidates, third party logos or branding, or offensive or negative references to any person or thing. I acknowledge that RBJBP reserves the right, in their sole discretion, to refuse to use any Image in the Program for any of the foregoing reasons.
3. I, my heirs, administrators, executors and assigns (collectively, the “Releasors”) hereby release and forever discharge (on our own behalf and on behalf of any Minors or Other Individuals, if applicable) RBJBP, RSLP, Rogers Sports Holdings Inc., the MLB Entities (as defined below), their respective affiliates and successors and each of their respective assigns, officers, directors, shareholders, employees, volunteers and representatives, other participants, vendors, sponsors, licensees, broadcast partners and advertisers (collectively, the “Releasees”), from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with the use of the Materials (including, for certainty, the Media and/or the Images), including, but not limited to, claims of false endorsement or infringement of intellectual property rights, defamation or rights of personality, publicity or privacy, whether caused by the negligence of any of the Releasees or otherwise. For the purposes hereof, the “MLB Entities” shall include the Office of the Commissioner of Baseball, Major League Baseball Properties, Inc., MLB Advanced Media, L.P., The MLB Network, LLC, each of the Major League Baseball clubs, and each of their respective past, present, and future subsidiaries, affiliates, assigns, successors, agents, officers, employees, and owners.
4. I agree to indemnify and hold harmless each of the Releasees from and against any and all claims or actions brought by a person whose consent was not obtained by me or by any person claiming that intellectual property rights, including without limitation, copyright, moral rights, trademark rights, or personality or privacy rights, are infringed by reason of the use by any of the Releasees or any of their respective designees of the Image or any part thereof as contemplated herein.
5. This Release is intended to be fully severable, and if any portion of this Release is held invalid, it is agreed that the balance the Release shall continue in full legal force and effect. That shall include modifying the Release to allow the remainder of claims to be waived, released, and indemnified against in the event that the inclusion of any particular type of claim is found to be invalid or contrary to public policy. This Release is to be interpreted and enforced under the laws of the Province of Ontario.

*I declare that (a) I have reached the age of 18 years; (b) I have carefully read all of the foregoing; (c) I fully understand its contents; (d) I have given this Release, Waiver and Indemnity of my own free will; and (e) this Release, Waiver and Indemnity binds me, my heirs, administrators, executors, assigns, legal and personal representatives and next of kin.
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*If I am purchasing (or have purchased) a Fan Cutout on behalf of a Minor and/or Other Individual, I hereby declare and agree that:
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*(a) for any Minor, I represent and warrant that I am such Minor’s parent or legal guardian and, as such, agree to this Release, Waiver and Indemnity on his/her behalf with full understanding of its contents, and declare that I have given this Release, Waiver and Indemnity of my own free will and that this Release, Waiver and Indemnity binds me, the Minor, and our heirs, administrators, executors, assigns, legal and personal representatives and next of kin;
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*(b) I have all necessary rights, and have obtained the express permission and consent of any Other Individual to submit an Image on behalf of such Other Individuals and agree to the Release, Waiver and Indemnity on my own behalf and on behalf of such Other Individuals; an
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*(c) If I, any Minors or Other Individuals, or any other person makes a claim or takes any actions or proceedings of any type against any of the Releasees, I will fully indemnify and save harmless (on my own behalf and on behalf of any Minors or Other Individuals) each of the Releasees in respect of any losses, damages, liabilities and costs (including legal fees) incurred in respect of such claims, actions and/or proceedings. *