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, a “Participant”; and collectively the “Participants”) to participate in the Holiday Festival event and activations, including, without limitation, the Ice Skating, Photos with Santa, “Northern Lights”' Experience, Inflatable Bounce House, Holiday Keepsake Crafting, and Santa's Mailbox activations, at Dodger Stadium (the “Event”), staged by Los Angeles Dodgers LLC (the “Dodgers”), I, for myself and on behalf of all of the other Participants 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:
I am eighteen (18) years of age or older. I, for myself and on behalf of all of the other Participants, acknowledge that we are not required to participate in the Event and that our participation is voluntary and solely for our enjoyment. We understand that we can withdraw from the Event at any time. Neither I nor any of the other Participants, nor anyone acting on our behalf, will be compensated by the Dodgers for our participation in the Event.
We understand and acknowledge that our participation in the Event may present a significant risk of personal injury to us and/or damage to our property. We also understand and acknowledge that our participation in the Event may require us to engage in strenuous and/or potentially dangerous activities. Neither I nor any of the other Participants are aware of any reason, medical or otherwise, why we should not participate in the Event, and we are prepared to, and do, hereby accept any and all risks, whether known or unknown to us, of having us participate in the Event.
I, for myself and on behalf of all of the other Participants, acknowledge and expressly assume all risk of us being exposed to or contracting a Communicable Disease (as defined below) during or in connection with our participation in the Event and/or our presence at Dodger Stadium. By participating in the Event and/or being present at Dodger Stadium, I acknowledge and expressly assume the risk that we may be exposed to a Communicable Disease. I expressly understand that the risks of exposure to a Communicable Disease include contracting a Communicable Disease and the associated dangers, medical complications (including death), and physical and mental injuries, both foreseen and unforeseen, that may result from contracting a Communicable Disease. I further acknowledge and understand that our interaction with Event staff, other participants, and/or any other individuals present at Dodger Stadium poses an elevated, inherent risk of being exposed to and contracting a Communicable Disease, that it cannot be guaranteed that we will not be exposed to a Communicable Disease, and that potential exposure to or contraction of a Communicable Disease while participating in the Event and/or being present at Dodger Stadium are risks that cannot be eliminated. If infected with a Communicable Disease, I acknowledge and understand that I and/or the other Participants may subsequently infect others, even if we do not experience or display any symptoms. A “Communicable Disease” as used herein is COVID-19, any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other airborne, aerosolized, or surface transmissible communicable and/or infectious diseases, viruses, bacteria, or illnesses, or the causes thereof.
In connection with the foregoing, I agree that neither I nor any of the other Participants will participate in the Event if, within fourteen (14) days preceding the Event, either I or any of the other Participants (i) tested positive or presumptively positive for a Communicable Disease or was identified as a potential carrier of a Communicable Disease; (ii) experienced any symptoms commonly associated with a Communicable Disease, including, without limitation, fever, cough, loss of sense of taste or smell, or shortness of breath; and/or (iii) was in direct contact with or in the immediate vicinity of any person who is either confirmed or suspected of being infected with a Communicable Disease within fourteen (14) days preceding the Participant’s encounter with such person. I further agree that I and the other Participants will submit to any health screening and/or Communicable Disease testing that may be required as a condition of our participation in the Event.
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, LA REAL ESTATE LLC, CHAVEZ RAVINE LAND COMPANY LLC, THE MLB ENTITIES, Eighteentwentysix, LLC, Eighteenevents, LLC, TeamEighteen, LLC, Ice America, Extra Fun Jumpers, Rhino Staging & Events Solutions, and each of their respective direct and indirect owners, stockholders, members, partners, directors, officers, employees, agents, representatives, contractors, vendors, principals, affiliated entities, 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 participation in the Event, and/or (iii) any and all risks assumed by us hereunder, including, without limitation, exposure to or contraction of a Communicable Disease by me and/or any other individual infected by me. 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 Indemnified Parties arising from or relating to any Claim. **For purposes of this Release, the “MLB Entities**” shall mean the 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 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.
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 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 Participant does not comply with his/her obligations pursuant to this Release, then I will assume such Participant’s obligations, including, without limitation, any and all payment and/or indemnification obligations, pursuant to this Release.
I, for myself and on behalf of all of the other Participants, hereby authorize and grant the right to the Dodgers and/or anyone authorized by or acting on behalf of the Dodgers to use, reproduce, publish, and/or depict our name, voice, and/or likeness, in any manner that the Dodgers 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, display, and/or exploitation of the Event and/or the Dodgers, including, without limitation, on the video display boards at Dodger Stadium and/or 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 Participants, acknowledge and agree that this authorization is intended to satisfy any and all of the consent requirements of Sections 3344 and 3344.1 of the California Civil Code, and we hereby waive and release any and all claims that we may have or hereafter have against the Dodgers under those statutes or any other statutes or common law principles of similar effect.
I, FOR MYSELF AND ON BEHALF OF ALL OF THE OTHER PARTICIPANTS, 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 PARTICIPATION IN THE EVENT, AND/OR ANY AND ALL RISKS ASSUMED BY US HEREUNDER, including, without limitation, exposure to or contraction of a Communicable Disease by me and/or any other individual infected by me.
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.
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 Participants, 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.
If child(ren) under eighteen (18) years old or legally incapacitated adult(s) for whom I am the parent or legal guardian will be participating in 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) participating in 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 participation in 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.
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