YOGA AT THE BALLPARK

THIS RELEASE AND WAIVER (this “Release”) is made by the undersigned adult, an individual (“Adult Participant”), individually and, if applicable, on behalf of Adult Participant’s minor children (each a “Minor Participant”), in favor of Pittsburgh Associates, a Pennsylvania limited partnership (the “Pirates”).

WHEREAS, Adult Participant and/or Minor Participant desire to participate in Yoga at the Ballpark (the “Event”), which will take place on or around the premises of PNC Park (the “Facility”);

WHEREAS, Adult Participant acknowledges (individually and, if applicable, on behalf of Minor Participant) that Adult Participant and/or Minor Participant are not obligated to participate in the Event and that Adult Participant and/or Minor Participant have requested to participate in the Event solely because of their enjoyment of, enthusiasm for, and interest in the Event;

WHEREAS, Adult Participant acknowledges (individually and, if applicable, on behalf of Minor Participant) that Adult Participant and/or Minor Participant did not receive any promise or expectation of remuneration from the Pirates to participate in the Event;

WHEREAS, Adult Participant acknowledges (individually and, if applicable, on behalf of Minor Participant) the dangers of, and assumes all risks associated with, participating in the Event; and

WHEREAS, the Pirates are willing to allow Adult Participant and/or Minor Participant to participate in the Event subject to the terms and conditions of this Release.

NOW, THEREFORE, in consideration of being permitted to participate in the Event, and intending to be legally bound, Adult Participant (individually and, if applicable, on behalf of Minor Participant), for himself or herself or themselves and his or her or their heirs and assigns, hereby acknowledges, covenants, and agrees as follows:

1. Adult Participant acknowledges and agrees that Adult Participant and/or Minor Participant has received or is aware of all necessary instructions and/or rules (the “Rules”) related to his or her or their participation in the Event and that he or she or they will abide by the Rules and all applicable laws.

2. Adult Participant acknowledges and agrees (individually and, if applicable, on behalf of Minor Participant) that participating in the activities related to the Event can be dangerous and may result in exposure to or contraction of a communicable disease (including COVID-19), serious bodily injury, or death. Adult Participant assumes (individually and, if applicable, on behalf of Minor Participant) the risk of exposure to communicable disease (including COVID-19) and all injuries or death, including those not foreseeable at this time, that may result from, or are in any manner related to, participating in the Event. Adult Participant agrees (individually and, if applicable, on behalf of Minor Participant) that his or her or their participation in the Event shall be deemed as an acknowledgement that the Facility is safe and suitable for his or her or their participation in the Event.

3. Adult Participant hereby waives, releases, discharges, and covenants not to sue (individually and, if applicable, on behalf of Minor Participant) any or all of the Pirates, the Sports & Exhibition Authority of Pittsburgh and Allegheny County, the Office of the Commissioner of Baseball, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., The MLB Network, LLC, the other Major League Baseball Clubs, each of their respective affiliates, and each of their respective partners, shareholders, members, officers, directors, employees, agents and sponsors (collectively, the “Released Parties”) from and against any and all claims, demands, causes of action, damages, liabilities, losses, costs, and expenses (including attorney’s fees) suffered by Adult Participant and/or Minor Participant as a result of, or in any manner related to, directly or indirectly, his or her or their participation in the Event.

4. Adult Participant hereby agrees (individually and, if applicable, on behalf of Minor Participant) to indemnify and hold each of the Released Parties harmless from and against any and all claims, demands, causes of action, damages, liabilities, losses, costs, and expenses (including attorney’s fees) suffered by a Released Party as a result of, or in any manner related to, directly or indirectly, his or her or their participation in the Event.

5. Adult Participant hereby grants (individually and, if applicable, on behalf of Minor Participant) the Pirates and their designees the unrestricted right and license to use his or her or their name, image, likenesses, voice, comments, or other proprietary or public rights in any live or recorded broadcast, telecast, photograph, audio, video, audiovisual, and/or other recording taken in connection with the Event for all purposes, worldwide, in perpetuity, and in any and all media now or hereafter known without further notice, consent, or compensation.

6. If Adult Participant is executing this Release on behalf of a Minor Participant, Adult Participant represents and warrants that Adult Participant is the parent or legal guardian of Minor Participant and that Adult Participant is authorized to and does enter into this Release on behalf of any and all parents and legal guardians of Minor Participant.

7. Adult Participant represents and warrants that Adult Participant and/or Minor Participant are not employees of any Released Party.

8. This Release shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to conflict of law principles. All claims or disputes arising out of or relating to this Release or attendance at the Event (“Claims”) shall be resolved exclusively through mandatory, confidential, final, and binding arbitration held in Pittsburgh, PA. Adult Participant hereby agrees (individually and, if applicable, on behalf of Minor Participant) that all Claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a claim of any other party. Adult Participant hereby waives (individually and, if applicable, on behalf of Minor Participant) all rights to a jury trial in any action or proceeding involving any Claim.