PLEASE READ THIS WAIVER AND RELEASE OF LIABILITY (“RELEASE”) CAREFULLY. BY AGREEING TO THIS RELEASE, YOU WILL BE WAIVING LEGAL RIGHTS.
In consideration for allowing my guest(s), any child(ren) under eighteen (18) years old or any legally incapacitated adult(s) for whom I am the parent/guardian, and/or me (each, an "Attendee"; and collectively the "Attendees") to enter the premises of Dodger Stadium (the "Stadium") and attend the "Dodgers Holiday Festival" event (the "Event"), staged by Los Angeles Dodgers LLC (the "Dodgers"), I, for myself and on behalf of all of the other Attendees and our parents, heirs, executors, administrators, next of kin, successors, and assigns, all of whom shall be legally bound by this Release, hereby agree as follows:
1. I am eighteen (18) years of age or older. I, for myself and on behalf of all of the other Attendees, acknowledge that we are not required to attend the Event and that our presence at the Stadium is voluntary and solely for our enjoyment. We understand that we can leave the Stadium at any time. Neither I nor any of the other Attendees, nor anyone acting on our behalf, will be compensated by the Dodgers for our attendance at the Event. Neither I nor any of the other Attendees are aware of any reason, medical or otherwise, why we should not attend the Event, and we are prepared to, and do, hereby accept any and all risks, whether known or unknown to us, of having us attend the Event.
2. I, for myself and on behalf of all of the other Attendees, acknowledge and expressly assume all risk of us being exposed to or contracting COVID-19 (as defined by the World Health Organization) and/or 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 our attendance at the Event and/or our presence at the Stadium. By attending the Event and/or being present at the Stadium, I acknowledge and expressly assume the risk that we 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 our interaction with the Dodgers' staff, other attendees, and/or any other individuals present at the Stadium poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, that it cannot be guaranteed that we will not be exposed to Communicable Disease, and that potential exposure to or contraction of Communicable Disease while attending the Event and/or being present at the Stadium are risks that cannot be eliminated. If infected with Communicable Disease, I acknowledge and understand that I and/or the other Attendees may subsequently infect others, even if we do not experience or display any symptoms.
3. In connection with the foregoing, I agree that neither I nor any of the other Attendees will attend the Event or be present at the Stadium if, within fourteen (14) days preceding the Event, either I or any of the other Attendees (i) tested positive or presumptively positive for Communicable Disease or was identified as a potential carrier of Communicable Disease; (ii) experienced any symptoms commonly associated with Communicable Disease, including, without limitation, fever, cough, loss of sense of taste or smell, or shortness of breath; (iii) traveled to a country that is subject to a U.S. State Department Level 4 "Do Not Travel" Advisory or a CDC Level 3 Travel Health Notice or a community in the United States that has experienced or is experiencing sustained community spread of Communicable Disease (each, a "Prohibited Location"); and/or (iv) was in direct contact with or in the immediate vicinity of any person who is either confirmed or suspected of being infected with Communicable Disease or who has travelled to a Prohibited Location within fourteen (14) days preceding the Attendee's encounter with such person. I further agree that I and the other Attendees will submit to any health screening and/or Communicable Disease testing that may be required as a condition of our attendance at the Event and/or presence at the Stadium.
4. TO THE FULLEST EXTENT PERMITTED BY LAW, I, FOR MYSELF AND ON BEHALF OF ALL OF THE OTHER ATTENDEES, AGREE TO INDEMNIFY, RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS LOS ANGELES DODGERS LLC, THE OTHER MLB ENTITIES (AS DEFINED BELOW), LA REAL ESTATE LLC, CHAVEZ RAVINE LAND COMPANY LLC, EIGHTEEN EVENTS LLC, and their respective direct and indirect owners, stockholders, members, partners, directors, officers, employees, agents, representatives, contractors, principals, affiliated entities, sponsors, vendors, mortgagees or ground lessors, servants, trustees, beneficiaries, heirs, successors, and assigns, and each and every person acting by, through, under, or in concert with them, or any of them (hereinafter, individually and collectively referred to as the "Indemnified Parties"), of and from all manner of action or actions, cause or causes of action, at law or in equity, suits, claims, demands, damages, liability, lost cost or expense, of any nature whatsoever, known or unknown, fixed or contingent (hereinafter referred to as "Claims"), that we may have or hereafter have against the Indemnified Parties by reason of any injuries that we may sustain, whether to our person and/or property, as a result of or incident to (i) the Indemnified Parties' negligence (whether active or passive, but not including gross negligence or willful misconduct), (ii) our attendance at the Event and/or being present at the Stadium, and/or (iii) any and all risks assumed by us hereunder, including, without limitation, exposure to or contraction of Communicable Disease by us and/or any other individual infected by us. I, FOR MYSELF AND ON BEHALF OF ALL OF THE OTHER ATTENDEES, FURTHER COVENANT NOT TO SUE OR OTHERWISE PURSUE ANY FORM OF RECOVERY OR LEGAL ACTION, INCLUDING ARBITRATION, AGAINST ANY OF THE INDEMNIFIED PARTIES ARISING FROM OR RELATING TO ANY CLAIM. For purposes of this Release, the "MLB Entities" shall mean the Dodgers 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 such entities' respective past, present and future affiliates, owners, general and limited partners, members, shareholders, directors, officers, employees, agents, representatives, contractors, vendors, licensees, sponsors, advertisers, and broadcast partners.
5. I, FOR MYSELF AND ON BEHALF OF ALL OF THE OTHER ATTENDEES, ACKNOWLEDGE AND UNDERSTAND THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, 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."
BEING AWARE OF SAID CODE SECTION, WE HEREBY EXPRESSLY WAIVE ANY RIGHTS THAT WE MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT.
6. I, for myself and on behalf of all of the other Attendees, agree that if I and/or any of the other Attendees, or anyone acting on our behalf, commence, join in, or in any way seek relief through any action or proceeding arising out of, based upon, or relating to any of the Claims released hereunder, or in any way assert against the Indemnified Parties any of the Claims released hereunder, then we will pay to the Indemnified Parties, in addition to any other damages caused to the Indemnified Parties thereby, all attorneys' fees incurred by the Indemnified Parties in defending or otherwise responding to said action, proceeding, and/or Claims. In the event that another Attendee does not comply with his/her obligations pursuant to this Release, then I will assume such Attendee's obligations, including, without limitation, any and all payment and/or indemnification obligations, pursuant to this Release.
7. I, for myself and on behalf of all of the other Attendees, hereby authorize and grant the right to the Dodgers and/or the other MLB Entities and/or anyone authorized by or acting on behalf of the Dodgers and/or the other MLB Entities to use, reproduce, publish, and/or depict our name, voice, and/or likeness, in any manner that the Dodgers and/or applicable MLB Entity deem necessary or appropriate, in all media, worldwide, in perpetuity, in and in connection with the production, distribution, marketing, promotion, advertisement, packaging, sale, publication, exhibition, and/or exploitation of the Event and/or the Dodgers, including, without limitation, in any and all print and/or digital advertisements, websites, social media posts, broadcasts, telecasts, and/or other retransmissions of or regarding the Event and/or the Dodgers. I, for myself and on behalf of all of the other Attendees, acknowledge and agree that this authorization is intended to satisfy any and all of the consent requirements of California Civil Code sections 3344 and 3344.1, and we hereby waive and release any and all claims that we may have or hereafter have against the Indemnified Parties under those statutes or any other statutes or common law principles of similar effect.
8. I, FOR MYSELF AND ON BEHALF OF ALL OF THE OTHER ATTENDEES, UNDERSTAND THAT BY AGREEING TO THIS RELEASE, WE ARE GIVING UP OUR RIGHT TO SUE THE INDEMNIFIED PARTIES AND/OR TO SEEK COMPENSATION FROM THE INDEMNIFIED PARTIES FOR ANY INJURIES OR DAMAGES THAT WE MAY INCUR AS A RESULT OF THE ACTIVE OR PASSIVE NEGLIGENCE (BUT NOT GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) OF THE INDEMNIFIED PARTIES, OUR ATTENDANCE AT THE EVENT, AND/OR ANY AND ALL RISKS ASSUMED BY US HEREUNDER.
9. This Release shall be governed by, construed, interpreted, and enforced in accordance with the laws of the State of California. I, for myself and on behalf of all of the other Attendees, hereby (a) irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, in connection with all matters and issues arising out of the Event and/or this Release, (b) agree not to bring any claim or action except in such courts, and (c) irrevocably waive all claims, defenses, and objections based on improper venue, inconvenient forum, and/or lack of personal jurisdiction with respect to such courts.
10. If any provision of this Release shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof and this Release shall be construed as if such invalid or unenforceable provision were omitted.
11. If child(ren) under eighteen (18) years old or legally incapacitated adult(s) for whom I am the parent or legal guardian will be attending the Event, I declare under penalty of perjury under the laws of the State of California that I am the parent or legal guardian of the child(ren) or legally incapacitated adult(s) attending the Event, and that I am duly authorized to execute this Release on his/her/their behalf. I further declare that I shall indemnify, defend, and hold harmless the Indemnified Parties from and against any and all Claims whatsoever, including, without limitation, attorneys' fees and costs, resulting from, incident to, or arising out of his/her/their attendance at the Event, any and all risks assumed by him/her/them and me above, and/or the breach of any promises, covenants, and/or representations made by me herein and/or in the above Release.
12. I, for myself and on behalf of all of the other Attendees, acknowledge and agree that (a) we must remain in our vehicle at all times during the Event and while we are at the Stadium, and (b) we may only leave our vehicle in the event of an emergency.
13. I, for myself and on behalf of all of the other Attendees, acknowledge and agree that the following items and activities are prohibited at the Stadium and agree to leave the Stadium without refund if I, or any of the other Attendees, is found to be in violation of the following prohibitions and/or in possession of any of the following items: drones, cannabis, alcoholic beverages, noisemaking devices, weapons, explosives, fireworks, laser pointers, signs, and/or other external displays, exiting the vehicle, using a cellphone for any purpose while driving, and/or disobeying driving rules and instructions.
14. I, for myself and on behalf of all of the other Attendees, acknowledge that we have had adequate opportunity to read this Release and to make whatever investigation or inquiry we may have deemed necessary or desirable in connection with the subject matter of this Release prior to accepting it.