Progressive Field Cutouts Consent

In exchange for the possibility of having my photograph, image and/or likeness appear in a Major League Baseball visual production(s) (collectively, “Production”), the receipt of which opportunity shall be sufficient consideration for this Image, Consent, Assignment and Release (“Release”), I do hereby:

(1) assign to the MLB Entities (as defined below) all worldwide right, title and interest in or to the image(s) of me, my child(ren) or ward(s) (collectively, “Minor(s)”) and/or other featured individuals (together with me and Minor(s), “Featured Individuals”) that I voluntarily submit to the Cleveland Indians Baseball Company, LLC (“Club”) and/or the Office of the Commissioner of Baseball (“MLB”) and/or that are captured through technology provided to me by the Club or other MLB Entities (collectively, “Image(s)”), including, but not limited to, all trademarks, copyrights and other intellectual property rights in and to the Image(s) and my/their likeness, image, name, words, voice, biographical information and/or other attributes featured in the Image(s) (collectively, “Image Rights”) for the purpose of the Club and/or other MLB Entities reproducing, altering, printing and/or placing the Image(s) in seats at Progressive Field or any other Major League Baseball ballparks (each, a “Ballpark” and, collectively, “Ballparks”) such that the Image(s) may be visible at Ballparks and to audiences viewing Major League Baseball games at Ballparks (“Games”) via Media (as defined below) (“Image Cut Outs”);

(2) represent that I (a) own all Image Rights or have authorization from all rightsholders to grant the Image Rights, (b) have the express permission of all Featured Individuals other than Minor(s) to submit the Image(s), and (c) am submitting an Image(s) that is in good taste, does not contain any scandalous, obscene, offensive and/or defamatory imagery, and is appropriate for use in the Production;

(3) acknowledge that the MLB Entities have the right in perpetuity to depict the Image Cut Outs in any Production in any medium currently existing and hereafter developed, including, without limitation, to feature the Image Cut Outs in broadcasts of Games, clips of Games and/or promotional materials for Games distributed via television, MLB.TV, YouTube and/or Club and Major League Baseball-related social media platforms (“Social Media Platforms”), subject to the applicable Social Media Platform’s terms of service and privacy policy (collectively, “Media”), without payment of any compensation to me, the other Featured Individuals, or our respective heirs, legal representatives, successors and assigns;

(4) acknowledge that I have no right of approval of (a) the use of the Image Cut Outs in any Production and (b) the Ballparks, and seats within the Ballparks, in which the Image Cut Outs are placed. I further acknowledge that the MLB Entities have no obligation to place the Image Cut Outs in any Ballparks or to display the Image Cut Outs in any particular Games. I understand that the MLB Entities will determine in their sole discretion whether Image Cut Outs will be displayed at a particular Ballpark, Game or Ballpark seat, and the MLB Entities shall not be responsible for any damaged or lost Image Cut Outs due to adverse weather conditions or for any other reason. I also acknowledge that the Club and/or the other MLB Entities shall have the right to immediately remove the Image Cut Outs from any Ballparks for any reason, including, without limitation, if the Club and/or the other MLB Entities should conclude that any Featured Individual did not grant the express permission as required herein;

(5) release in perpetuity the Club, MLB, the other Major League Baseball clubs, 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” and, collectively, “MLB Entities”) from any claim of right in respect of such Image(s) or Image Cut Outs, including, but not limited to, claims of copyright infringement, false endorsement or rights of publicity or privacy (collectively, “Claims”) and I will indemnify and defend the MLB Entities from and against any such Claims; and

(6) represent and warrant that I am 18 years or older and that this Release does not conflict with any existing commitments on my part.

This Release shall be governed by and construed in accordance with the laws of the State of Ohio, 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 Cuyahoga County, Ohio 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.