
RELEASE AND WAIVER OF CLAIMS
In consideration of the Braves Stadium Company, LLC (“BSC”), Atlanta National League Baseball Club, LLC (“ANLBC”), and/or Braves Development Company, LLC (“BDC”) allowing me and any child under eighteen (18) for whom I am parent/guardian (“my child”) to voluntarily participate in certain promotional activities and/or the use of equipment and facilities in connection therewith (collectively, the “Activities”), I HEREBY ACKNOWLEDGE AND AGREE THAT MY/MY CHILD’S PARTICIPATION IN SUCH ACTIVITIES INVOLVES RISK OF BODILY INJURY, DEATH AND/OR DAMAGE TO OR LOSS OF PROPERTY AND I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN. I SPECIFICALLY ACKNOWLEDGE AND AGREE THAT I AM EXPRESSLY ASSUMING ALL RISKS, KNOWN AND UNKNOWN, WITH RESPECT TO COVID-19 AND OTHER COMMUNICABLE DISEASES. I hereby release and hold harmless the MLB Entities (as defined below), BSC, ANLBC, BDC, Atlanta Braves Foundation, Inc., Braves Productions, LLC, The Battery Atlanta™ Association, Inc., BRED Co., LLC, BDC Retail I, LLC, Braves Entertainment Company, LLC, BDC Parking I, LLC, BDC Office I, LLC, BDC Office II, LLC, BDC Office III, LLC, Five Ballpark Center, LLC, BDC Block H, LLC, Georgia Ballpark Hotel Company, LLC, Battery Hotel Group, LLC, Braves Holdings, LLC, Block A Condominium Association, Inc., Block B Condominium Association, Inc., Block C-2 Condominium Association, Inc., Block D-2 Condominium Association, Inc., and each of their respective parent, subsidiary and affiliated companies, and all of their respective directors, officers, shareholders, employees, agents, independent contractors (including, but not limited to, concessionaires and parking operators), sponsors, successors and assigns (collectively, the “Braves Parties”), Cobb-Marietta Coliseum & Exhibit Hall Authority and Cobb County, Georgia (collectively, the “County Parties”), and, as to the County Parties, their elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, agents, attorneys and volunteers (collectively, all of the indemnified parties referenced above are referred to herein as the “Indemnified Parties”), from any and all rights, claims, demands, losses, damages, expenses, costs and actions (including reasonable attorneys’ fees) to me/my child or my/my child’s property, whether arising from, without limitation, the negligence of the Indemnified Parties or otherwise, which I/my child, my/my child’s heirs, executors or assigns may have in connection with my/my child’s voluntary participation in the Activities or use of any facilities or services in connection therewith, including without limitation, any bodily injuries, death, personal injuries or property damage that I/my child may incur or which may arise or result from my/my child’s voluntary participation in the Activities. I acknowledge that my/my child’s participation in the Activities shall be subject to the rules and regulations that the Braves Parties may require and that I shall be obligated to pay for any damage that I/my child may cause while participating in the Activities. For purposes of this Release and Waiver of Claims, the “MLB Entities” shall mean ANLBC and the other Major League Baseball clubs, the Office of the Commissioner of Baseball, Major League Baseball Properties, Inc., MLB Advanced Media, L.P., The MLB Network, LLC and each of their parent, subsidiary, affiliated and related entities.
Further, I hereby grant the Indemnified Parties and/or their sponsors the perpetual, worldwide right to make both visual and/or audio recordings and still images of me/my child and to use my/my child’s name, image, voice, likeness, and biographical information in connection with the Activities in any of the ANLBC games, Braves Parties-related programming, promotional/marketing materials, community affairs initiatives, and/or other media (collectively, the “Media”) and for the purpose of advertising, marketing and/or promoting the Braves Parties and/or their sponsors. I agree that the rights granted hereunder shall include the perpetual, worldwide right of the Braves Parties and/or their sponsors to edit, telecast, cablecast, rerun, record, publish, reproduce, use, license, print, distribute or otherwise exploit my/my child’s name, image, voice, likeness, and biographical information in any manner and in any medium or forum whether now known or hereafter devised, in whole or in part, without any further compensation to me/my child.
This section is an acknowledgement and express assumption of risk and release of liability in any way related to me/my child being exposed to or contracting COVID-19 (as defined by the World Health Organization) and any strains, variants, or mutations thereof, the coronavirus that causes COVID-19 and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof (collectively, “Communicable Disease”), during or in connection with my/my child’s participation in the Activities and/or my/my child’s presence at the Activities’ location (the “Facility”). By participating in the Activities and/or being present at the Facility, I acknowledge and expressly assume the risk that I/my child may be exposed to Communicable Disease. I expressly understand that the risks of exposure to Communicable Disease include contracting Communicable Disease and the associated dangers, medical complications (including death) and physical and mental injuries, both foreseen and unforeseen, that may result from contracting Communicable Disease. I further acknowledge and understand that my/my child’s interaction with Activities staff, participants and any other individuals present at the Facility poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, that it cannot be guaranteed that I/my child will not be exposed to Communicable Disease, and that potential exposure to or contraction of Communicable Disease while participating in the Activities and/or being present at the Facility are risks that cannot be eliminated. If infected with Communicable Disease, I acknowledge and understand that I/my child may subsequently infect others, even if I/my child don’t experience or display any symptoms.
In connection with the foregoing, I agree that I/my child will not participate in the Activities or be present at the Facility if, on the date of such Activities, I am/my child is required or recommended by current guidance of the Centers for Disease Control and Prevention and/or applicable laws and policies of federal, state, city and/or local authorities to stay at home, quarantine, and/or isolate (e.g., as a result of testing positive for, experiencing symptoms of, or being in direct contact with someone who tested positive for, COVID-19 or other Communicable Disease).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I HEREBY WAIVE, RELEASE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE THE INDEMNIFIED PARTIES FOR, AND THE INDEMNIFIED PARTIES SHALL NOT BE RESPONSIBLE FOR, ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF COMMUNICABLE DISEASE BY ME/MY CHILD OR ANY OTHER INDIVIDUAL INFECTED BY ME/MY CHILD, INCLUDING, WITHOUT LIMITATION CLAIMS RESULTING FROM THE NEGLIGENCE OF THE INDEMNIFIED PARTIES AND/OR THE INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN THE ACTIVITIES AND/OR BEING PRESENT AT THE FACILITY.
CALIFORNIA RESIDENTS: I FURTHER ACKNOWLEDGE AND AGREE THAT I AM FAMILIAR WITH AND DO HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
I have read this entire document and acknowledge, accept, and assume the risk that injury or damage to my/my child’s person or property may result from such Activities and warrant that I am over eighteen (18) years of age and that I have every right to contract in my own name.