READ THIS INFORMATION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
In consideration of Detroit Tigers, Inc. ("Club") allowing me to bring my dog into Comerica Park ("Ballpark") on April 11, May 11, or August 26, 2020 to participate in Bark in the Park ("Event"), I, on behalf of myself and/or my child, hereby agree to the following:
1. Participation. I acknowledge and agree that I will, upon entering and continuously thereafter, inspect the area where I will be permitted to watch the game with my dog and determine that it is safe and suitable for my dog's participation in the Event and further agree that if, at any time, I feel anything to be unsafe, including the threat from other dogs participating in the Event, I will immediately advise a Club Representative or Stadium Security of such unsafe condition(s) and will leave the area. I further warrant and represent that my dog has received its annual vaccinations, including rabies, is in good health and is able to tolerate the presence of crowds and other dogs and does not normally demonstrate dangerous or aggressive behavior towards persons or other dogs, and will be kept on a leash at all times while at the Ballpark. For reasons of safety and convenience, I agree to abide by all rules, instructions and directions given in connection with the Event, including, without limitation, to promptly leave the Ballpark with my dog if asked to do so for any reason whatsoever. I understand that every human and every dog needs their own ticket to attend. All dogs must wear an identification tag to the game and be accompanied by someone 18 years of age or older.
2. Image Release. Further, I, on behalf of myself and/or my child, hereby give permission to Detroit Tigers, Inc. and its designees to take, use, reproduce, and publish any and all photographs and videos which may be taken of me, and/or my child, and/or my dog immediately before, during or immediately after the Event, whether such photographs or videos are flattering or unflattering, for any purpose whatsoever, without compensation to me and/or my child. I also acknowledge and agree that the Club will own any and all rights in such photographs and/or videos (collectively, "Materials") in perpetuity and that I, on behalf of myself and/or my child, waive, as to Detroit Tigers, Inc. and its successors, assigns, and licensees, all personal rights and objections to any use made of the Materials including without limitation my, and/or my child's, and/or my dog's name, likeness, biographical material, voice, accounts, and descriptions in advertising and promotions throughout the world including but not limited to radio, print, television, film, video, internet, and any other mediums now known and unknown. I, on behalf of myself and/or my child, understand and agree that as the owner of the Materials, the Club's use of the Materials may (without limitation) extend the use by any of its sponsors, advertisers, owners, partners, affiliates, directors, officers, officials, members and agents.
3. Assumed Risk. I, on behalf of myself and/or my child, fully accept and ASSUME FULL RESPONSIBILITY FOR THE RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE, and all responsibility for losses, costs, and damages I or any third parties incur as a result of my participation in the Event. I understand that participating in the Event can be HAZARDOUS, and involve known risks and unanticipated risks which could result in INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to myself, my dog, my child, my property, and to other third parties and their property, which may be caused by, without limitation, my own actions, or inactions, those of others participating in the Event and their dogs, or those of other spectators; the conditions in which the Event takes place, including weather conditions and the condition of the Ballpark and its premises; the manner and method by which the Event is conducted; or the negligence of the "Releasees" named below.
4. Liability Release. I, on my own behalf, and/or on behalf of my child, hereby forever RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Detroit Tigers, Inc., Major League Baseball ("MLB"), the various MLB teams, Tiger Ballpark L.L.C., Ballpark Operations Management Inc., Ilitch Charities, Olympia Entertainment, Inc., Olympia Entertainment Tiger Ballpark, Inc., the Downtown Development Authority, the Detroit/Wayne County Stadium Authority, the County of Wayne, the City of Detroit and the City of Detroit Building Authority and their respective parents, subsidiaries, affiliates, directors, officers, employees, agents, partners, administrators, volunteers, insurers, players, coaches, umpires, spectators, successors and assigns of each of the foregoing, other participants in the Event, and any sponsors or advertisers of any of the foregoing (each considered one of the "Releasees" herein) from any and all liability, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys' fees and costs) (collectively, "Losses") arising out of or in any way related to my participation in the Event and related activities, including, but not limited to, Losses caused or alleged to be CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE of any Releasee or otherwise, including negligent rescue operations. I further agree to INDEMNIFY and HOLD HARMLESS each Releasee from and against any Loss regarding any matter within the scope of this document (this "Release").
This Release shall be binding upon the undersigned, and his/her successors, assignees, heirs, next of kin, and legal and personal representatives. This Release shall be governed by and construed in accordance with the laws of the state of Michigan. Exclusive jurisdiction and venue for any dispute concerning this Release shall be in the federal or state courts located in the County of Wayne, Michigan. If participant is under 18 years of age, participant's parent or guardian must also sign this Release, by which the parent or guardian makes the same representations, covenants and releases as participant on behalf of participant and on behalf of the parent or guardian.
I HAVE READ THIS RELEASE, FULLY AND UNDERSTAND ITS CONTENTS. I HAVE SIGNED THIS RELEASE FREELY AND WITHOUT PROMISE OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
I acknowledge and agree to all of the Terms and Conditions above, including but not limited to the WAIVER OF LIABILITY in paragraph 4.