PLEASE READ THIS CONSENT, ASSIGNMENT, AND RELEASE ("RELEASE") CAREFULLY.
BY ACCEPTING THIS RELEASE, YOU WILL BE WAIVING LEGAL RIGHTS.
In consideration for allowing me, my child(ren) or ward(s) (collectively, “Minor(s)”), and any other featured individuals (together with me and Minor(s), the “Participants”) to participate in the “Virtual Watch Party” event (the “Watch Party”) to be conducted by Los Angeles Dodgers LLC (the “Club”), including the possibility of appearing in a Major League Baseball audio and/or visual production(s) (collectively, “Production”), the receipt of which opportunity shall be sufficient consideration for this Release, I do hereby:
(1) assign to the MLB Entities (as defined below) all worldwide right, title, and interest in or to the recording(s) of the Participants that are captured during the Participants’ participation in the Watch Party (hereinafter, all such recording(s) shall be individually and collectively referred to as the “Recording”), including, but not limited to, all trademarks, copyrights, and other intellectual property rights in and to the Recording, and the likeness, image, name, words, voice, biographical information, and/or other attributes (collectively, “Personal Information”) of each of the Participants (collectively, the “Recording Rights”);
(2) grant the MLB Entities the right to include in the Production, separate and apart from the Recording, Personal Information of each of the Participants that I am voluntary submitting to the Club (the “Submitted Information”);
(3) represent that I am the parent or legal guardian of all Minor(s) on whose behalf I am agreeing to this Release, that I own all Recording Rights and Submitted Information, and/or have all necessary authorization from all applicable rightsholders, and that I have the express permission and authorization of all Participants to submit the Recording and Submitted Information to the Club and to agree to this Release on their behalf;
(5) consent to use of the Recording, the Submitted Information, and/or any part thereof, by the MLB Entities in connection with advertising, publicizing, and/or exploiting any Production and acknowledge that I have no right of approval of the use of the Recording or Submitted Information in any Production;
(6) agree that, during my and/or the other Participants’ participation in the Watch Party, neither I nor any of the other Participants will (a) engage in conduct that is obscene, lewd, explicit, discriminatory, derogatory, violent, offensive, infringing, violative of the Club’s rules and/or otherwise inappropriate, or (b) wear unlicensed apparel or apparel containing third party logos or branding (hereinafter, (a) and (b) are collectively referred to as “Inappropriate Conduct”) and acknowledge that the MLB Entities reserve the right to remove me and/or any of the other Participants from the Watch Party if the MLB Entities determine that I and/or any of the other Participants have engaged in Inappropriate Conduct; and
(7) represent and warrant that I am 18 years or older and that this Release does not conflict with any existing commitments on my part.
TO THE FULLEST EXTENT PERMITTED BY LAW, I, FOR MYSELF AND ON BEHALF OF ALL OF THE OTHER PARTICIPANTS, AGREE TO INDEMNIFY, RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS LOS ANGELES DODGERS LLC, THE OTHER MLB ENTITIES, and their respective owners, stockholders, members, directors, officers, employees, agents, affiliates, contractors, representatives, successors, heirs 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 “Released Parties”) of and from all manner of action or actions, cause or causes of action, at law or 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 Released Parties by reason of any injuries that we may sustain, whether to our person, property, and/or reputation, including, without limitation, any and all claims for copyright infringement, false endorsement, rights of publicity, defamation, and/or invasion of privacy, as a result of or incident to the Released Parties’ use of the Recording, the Recording Rights, and/or the Submitted Information in connection with the Watch Party and/or in any manner authorized or contemplated in this Release. I, for myself and on behalf of all of the other Participants, further covenant not to sue or otherwise pursue any form of recovery or legal action, including arbitration, against any of the Released Parties arising from or relating to any Claim. For purposes of this Release, the “MLB Entities” shall mean the Club 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.
I, for myself and on behalf of all of the other Participants, acknowledge and agree that this Release 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 Released Parties under those statutes or any other statutes or common law principles of similar effect.
I, FOR MYSELF AND ON BEHALF OF ALL OTHER PARTICIPANTS, ACKNOWLEDGE THAT WE HAVE READ 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 WE MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT.
I, for myself and on behalf of all of the other Participants, agree that if I and/or any of the other Participants, or anyone acting on our behalf, commence, join in, or in any way seek relief through any suit, action, and/or Claim arising out of, based upon, or relating to any of the Claims released hereunder, or in any way assert against the Released Parties any of the Claims released hereunder, then we will pay to the Released Parties, in addition to any other damages caused to the Released Parties thereby, all attorneys’ fees incurred by the Released Parties in defending or otherwise responding to said suit, action, and/or Claims.
This Release shall inure to the benefit of the legal representatives, licensees, successors, and assigns of the Released Parties.
This Release shall be governed by, construed, interpreted, and enforced in accordance with the laws of the State of California without regard to conflicts of law principles. Any dispute, claim, or cause of action arising out of this Release shall be settled by mandatory, confidential, final, and binding arbitration in Los Angeles, California, and administered by JAMS in accordance with its then-current commercial arbitration rules. Neither I nor any of the MLB Entities shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or to arbitrate as a representative member of a putative class or in a private attorney general capacity. The arbitrator shall have the power to award any remedies available under applicable law; provided, however, that the arbitrator shall have no authority to award punitive or other monetary damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself.
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.
I, for myself and on behalf of all of the other Participants, acknowledge and agree that the MLB Entities reserve the right, at their sole discretion, to refuse to display the Recording, and/or any part thereof, that the MLB Entities deem to be lewd, immoral, offensive, tasteless, or otherwise Inappropriate Conduct.
I, for myself and on behalf of all of the other Participants, 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.