CONSENT, ASSIGNMENT AND RELEASE
WASHINGTON NATIONALS, LLC (the “Club”)
In exchange for 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 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 recording(s) of me and/or my child(ren) or ward(s) (collectively, “Minor(s)”) that are captured during my and/or Minor(s) voluntary participation in a virtual watch party (“Watch Party”) hosted by the Club (collectively, “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 me and/or Minor(s) (collectively, “Recording Rights”);
(2) grant the MLB Entities the right to include in the Production, separate and apart from the Recording, Personal Information of me and/or Minor(s) that I am voluntary submitting to the Club (the “Submitted Information”);
(3) represent that I own all Recording Rights and Submitted Information or have authorization from all rightsholders;
(5) 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 Minor(s) participation in the Watch Party, neither I nor Minor(s) will (a) engage in conduct that is obscene, lewd, explicit, discriminatory, derogatory, violent, offensive, infringing, violative of Club rules and/or otherwise inappropriate, or (b) wear unlicensed apparel or apparel containing third party logos or branding ((a) and (b) are, collectively, “Inappropriate Conduct”) and acknowledge that the MLB Entities reserve the right to remove me and/or Minor(s) from the Watch Party if the MLB Entities determine that I and/or Minor(s) have engaged in Inappropriate Conduct;
(7) release in perpetuity 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 (each, an “MLB Entity” and, collectively, “MLB Entities”) from any claim of right in respect of such Recording or Submitted Information, 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
(8) 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 Minnesota, 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 Minnesota 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.