WAIVER AND RELEASE OF LIABILITY
In order to purchase "Yoga Day" tickets, you must first read and agree to the Waiver and Release of Liability displayed below. When you click on the "I Accept" button, you will be indicating that you accept the terms of the Waiver and Release of Liability, and you will then be presented with the opportunity to purchase your "Yoga Day" tickets.
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 me, my guest(s), and/or any child(ren) under eighteen (18) years old or any legally incapacitated adult(s) for whom I am the parent/guardian (each, a "Participant"; and collectively the "Participants") to attend the game to be played between the Los Angeles Dodgers and the Houston Astros at Dodger Stadium on August 5, 2018, and to participate in a yoga session on the playing field of Dodger Stadium after the game (collectively, the "Event"), to be hosted 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:
1. 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. I will notify the Dodgers in writing, not less than forty-eight (48) hours prior to the date of the Event, of any reasonable accommodations, auxiliary aids, and/or services, as defined by the Americans with Disabilities Act, that I and/or any of the other Participants may require in order to participate in the Event. I hereby acknowledge that the failure to so notify the Dodgers will be deemed a representation by me that no such accommodations, auxiliary aids, and/or services will be required by me and/or any of the other Participants in order to participate in the Event.
2. We understand and acknowledge our participation in the Event may require us to engage in strenuous and/or potentially dangerous activities. We are not 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 participating in the Event, including, but not limited to, injury and property damage to us, slip and falls, the risk of being hit by thrown bats or portions thereof and/or thrown and/or batted balls, and/or the effect of weather at Dodger Stadium, including extreme heat.
3. TO THE FULLEST EXTENT PERMITTED BY LAW, I, FOR MYSELF AND ON BEHALF OF ALL OF THE OTHER PARTICIPANTS, AGREE TO INDEMNIFY, RELEASE, AND FOREVER DISCHARGE AND HOLD HARMLESS LOS ANGELES DODGERS LLC, LA REAL ESTATE LLC, and their respective direct and indirect owners, stockholders, members, partners, directors, officers, employees, agents, representatives, contractors, 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 the Indemnified Parties' negligence (whether active or passive, but not including gross negligence or willful misconduct), our participation in the Event, and/or any and all risks assumed by us hereunder. 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 and arising from or relating to any Claim.
4. I, for myself and on behalf of all of the other Participants, agree that we are solely responsible for any Claim for personal injury or property damage made by any party and based in whole or in part on my or any of the other Participant's attendance at or participation in the Event. In addition, I, for myself and on behalf of all of the other Participants, agree to indemnify, defend, and hold harmless the Indemnified Parties from any Claim brought against any of the Indemnified Parties by a third-party and based in whole or in part on my and/or any of the other Participant's attendance at or participation in the Event.
5. 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 WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." 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 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.
7. 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, and/or exploitation of the Event and/or the Dodgers, including, without limitation, in any and all print advertisements, 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 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 Dodgers 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 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.
9. This Release shall be governed by, construed, interpreted, and enforced in accordance with the laws of the State of California.
By clicking the "I Accept" button below, I acknowledge and agree to all of the terms and conditions of the Release above, including, but not limited to, the WAIVER OF LIABILITY in paragraph 3:
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