In consideration of you and your minor child having the opportunity to participate in the 2020 Chicago Cubs Spring Training Season Ticket Holder Open House ("Open House"), you hereby acknowledge and agree to the following:
You, for yourself and your minor child, acknowledge Open House may involve potentially hazardous activities, including but not limited to baseball activities and use of inflatable recreation structures. You or your minor child should not participate in any Open House activities unless you are medically able. You acknowledge you or your minor child are not required to undertake or participate in Open House and you are freely and voluntarily electing to do so and choose to participate in the event at your own risk. You knowingly and freely assume all risks associated with and incidental to Open House, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF RELEASEES (as defined below) including but not limited to: contact with other participants, all risks inherent in the use of inflatable recreation structures, being struck by a baseball and the conditions of Sloan Park. Having read these terms and conditions and knowing these facts and in consideration of you and your minor child’s participation in Open House, you hereby for yourself, your minor child, your family, heirs, executors, administrators and agents HEREBY RELEASE, WAIVE AND HOLD HARMLESS any and all rights, claims and causes of action against Chicago Cubs Baseball Club, LLC; Chicago Cubs Charities; the city of Mesa; sponsors, and each of their respective parent companies, subsidiaries and affiliates and for each of the foregoing, their officers, directors, members, managers, employees, representatives, successors and assigns (collectively the “Releasees”), for each and every injury suffered by you or your minor child or damage to your property in connection with Open House including, without limitation, property loss or damage, bodily injury and death. IN NO EVENT SHALL ANY OF THE AFOREMENTIONED ENTITIES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND REGARDLESS OF WHETHER THE ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You waive any right to a trial by jury in any dispute related to Open House. You hereby grant permission to Chicago Cubs Baseball Club, LLC and its respective designees to use your name, voice, likeness and photograph, videotape, motion pictures, recording or any other record of your participation in Open House for any purpose, in perpetuity (i.e., forever) throughout the universe in in any medium now known or later invented without limitation and without additional compensation or consideration, notification or permission.