This release, waiver and indemnity (this “Release”) is made to grant the San Francisco Giants Baseball Club LLC (“Giants”) and the other MLB Entities (as defined below) the right to use a photographic image of myself or my child(ren) or ward(s) (collectively, “Minor(s)”) and/or other featured individuals (together with me and Minor(s), “Featured Individuals”) (the “Image(s)”) for the purposes of reproducing, altering, printing and placing the Image(s) in seats at Oracle Park (the “Ballpark”) such that the Image(s) is/are visible to those at the Ballpark and the audience viewing Games (as defined below) at the Ballpark via television or other media (the “Fan Cut Outs”). I am giving this Release in consideration for the MLB Entities allowing me and/or other Featured Individuals to participate in the Giants Fan Cutouts (the “Program”), and the possibility of the Image(s) appearing in a Major League Baseball visual production(s) (collectively, “Production”).
I certify, represent and warrant that (a) I am the exclusive owner of all Image Rights or have authorization from all rightsholders, with the right to edit and modify such Image(s) in my discretion, (b) I have the express permission of all Featured Individuals other than Minor(s) to submit the Image(s) and Submitted Information to the MLB Entities and agree to this Release on their behalf, and I am the legal guardian of the Minors, have the legal authority to submit the Image(s) and Submitted Information of the Minor(s) to the MLB Entities and agree to this Release on their behalf, (c) the use of the Image(s) and Submitted Information does not require further approval from me or approval by any third party to be used in connection with the Program, any Production or in any Media for the purposes described in this Release, (d) the MLB Entities shall be without liability to me, the other Featured Individuals or our heirs or personal representatives for any distortion or illusionary effect resulting from the exhibition, publication, or other use of the rights granted herein, and (e) I am 18 years or older and this Release does not conflict with any existing commitments on my part.
I hereby (i) expressly release, discharge and waive all claims, demands, losses and liabilities of any nature which may arise from or relate to, and (ii) covenant not to make any claims against the MLB Entities and each of their respective parents, affiliates, subsidiaries and advertising and promotion agencies, and each of their respective officers, directors, employees and agents (collectively, the “Released Parties”) as a result of, the exploitation of the rights granted hereunder or dissemination or use of the Image(s), the Fan Cut Outs, the Submitted Information or their use in any Production or Media. “MLB Entities” shall mean the Giants 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 (each, an “MLB Entity”). Additionally, I hereby agree that I will indemnify and hold harmless the Released Parties and their respective agents (collectively, the “Indemnified Parties”) from, and, if requested, shall defend them, without cost to the Indemnified Parties, against any and all third party claims (including reasonable attorneys’ fees), with respect to injury of any and every nature whatsoever and in any manner arising directly or indirectly out of my submission of the Image(s) and the Submitted Information, my certifications, representations and warranties herein, and the use of the Image(s), Fan Cut Outs and Submitted Information by the MLB Entities and their display in any Production or Media.
This Release shall be governed by the laws of the State of California. Any dispute, claim or cause of action arising out of this Release shall be settled by mandatory, confidential, final and binding arbitration in San Francisco, California and administered by JAMS in accordance with its then-current commercial arbitration rules. Neither I nor MLB Entities shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or 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.