In exchange for the possibility of appearing in a Major League Baseball 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 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 am voluntarily submitting to The Phillies and/or Phillies Charities, Inc. (collectively, “Club”) and/or that are captured through technology provided to me by the 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 the likeness, image, name, words, voice, biographical information and/or other attributes (collectively, “Personal Information”) of each of the Featured Individuals (collectively, “Image Rights”);
(2) grant the MLB Entities the right to include in the Production, separate and apart from the Image(s), Personal Information of each of the Featured Individuals that I am voluntary submitting to the Club (the “Submitted Information”);
(3) represent that I own all Image Rights and Submitted Information or have authorization from all rightsholders, and that I have the express permission of all Featured Individuals other than Minor(s) to submit the Image(s) and Submitted Information to the Club and agree to this Release on their behalf;
(5) consent to use of the Image(s), the Submitted Information or any part thereof, by MLB Entities in connection with advertising, publicizing, and exploiting any Production and acknowledge that I have no right of approval of the use of the Image(s) or Submitted Information in any Production, including but not limited to the seat location at Citizens Bank Park where the Image(s) may be used;
(6) acknowledge that Club reserves the right to reject the Image(s) if it contains content that is sexually explicit, obscene, profane, derogatory, offensive, inflammatory, inappropriate for children, would violate any Citizens Bank Park rules or otherwise be deemed inappropriate or unacceptable in Club’s sole discretion;
(7) acknowledge that there is no guarantee that the Image(s) will be seen by the public in a Production, including but not limited to a television broadcast of a Game, clips of a Game or Social Media Platforms;
(8) acknowledge that I will not receive the original or a copy of any reproduction of the Image(s) produced by the MLB Entities, i.e., fan photo cutout;
(9) 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 Image(s) 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
(10) 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 Commonwealth of Pennsylvania, 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 Philadelphia, Pennsylvania 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.