WAIVER AND RELEASE OF LIABILITY
PLEASE READ THIS WAIVER AND RELEASE OF LIABILITY (“RELEASE”) CAREFULLY. BY AGREEING TO THIS RELEASE, YOU WILL BE WAIVING LEGAL RIGHTS.
In consideration for allowing me, my guest(s), and/or any child(ren) under eighteen (18) years old or any legally incapacitated adult(s) for whom I am the parent/guardian (each, a “Participant”; and collectively the “Participants”) to participate in The Los Angeles Dodgers Foundation’s (the “Foundation”) 5K Run, 10K Run, and/or Kids Fun Run event at Dodger Stadium on September 30, 2018 (hereinafter, individually and collectively, referred to as the “Event”), staged by the Foundation, I, for myself and on behalf of all of the other Participants and our parents, heirs, executors, administrators, next of kin, successors, and assigns, all of whom shall be legally bound by this Release, hereby agree as follows:
1. I am eighteen (18) years of age or older. I, for myself and on behalf of all of the other Participants, acknowledge that we are not required to participate in the Event and that our participation is voluntary and solely for our enjoyment. We understand that we can withdraw from the Event at any time.Neither I nor any of the other Participants, nor anyone acting on our behalf, will be compensated by the Foundation for our participation in the Event. We understand and acknowledge that the activities in connection with the Event may present a significant risk of personal injury to us and/or damage to our property. We also understand and acknowledge that our participation in the Event may require us to engage in strenuous and/or potentially dangerous activities. Neither I nor any of the other Participants are aware of any reason, medical or otherwise, why we should not participate in the Event, and we are prepared to, and do, hereby accept any and all risks, whether known or unknown to us, of having us participate in the Event.
2. TO THE FULLEST EXTENT PERMITTED BY LAW, I, for myself and on behalf of all of the other Participants, AGREE TO INDEMNIFY, RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS THE LOS ANGELES DODGERS FOUNDATION, LOS ANGELES DODGERS LLC, THE MLB ENTITIES (as defined below), LA REAL ESTATE LLC, CHAVEZ RAVINE LAND COMPANY LLC, and their respective direct and indirect owners, stockholders, members, partners, directors, officers, employees, agents, representatives, contractors, principals, affiliated entities, mortgagees or ground lessors, servants, trustees, beneficiaries, heirs, successors, and assigns, and each and every person acting by, through, under, or in concert with them, or any of them (hereinafter, individually and collectively referred to as the “Indemnified Parties”), of and from all manner of action or actions, cause or causes of action, at law or in equity, suits, claims, demands, damages, liability, lost cost or expense, of any nature whatsoever, known or unknown, fixed or contingent (hereinafter referred to as “Claims”), that we may have or hereafter have against the Indemnified Parties by reason of any injuries that we may sustain, whether to our person and/or property, as a result of or incident to the Indemnified Parties’ negligence (whether active or passive, but not including gross negligence or willful misconduct), our participation in the Event, and/or any and all risks assumed by us hereunder. I, for myself and on behalf of all of the other Participants, further covenant not to sue or otherwise pursue any form of recovery or legal action, including arbitration, against any of the Indemnified Parties and arising from or relating to any Claim. For purposes of this Release, the “MLB Entities” will mean MLB Advanced Media, L.P. (“MLBAM”); the Office of the Commissioner of Baseball (“BOC”); its Bureaus, Committees, Subcommittees and Councils; Major League Baseball Properties, Inc.; the Major League Baseball Clubs (“Clubs’) and each of their subsidiaries or affiliated entities; any entity which, now or in the future, controls, is controlled by, or is under common control with the Major League Baseball Clubs; and the owners, general and limited partners, shareholders, directors, officers, and employees and agents of the above entities.
3. I, for myself and on behalf of all of the other Participants, ACKNOWLEDGE AND UNDERSTAND THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
BEING AWARE OF SAID CODE SECTION, WE HEREBY EXPRESSLY WAIVE ANY RIGHTS THAT WE MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT.
4. I, for myself and on behalf of all of the other Participants, agree that if I and/or any of the other Participants, or anyone acting on our behalf, commence, join in, or in any way seek relief through any action or proceeding arising out of, based upon, or relating to any of the Claims released hereunder, or in any way assert against the Indemnified Parties any of the Claims released hereunder, then we will pay to the Indemnified Parties, in addition to any other damages caused to the Indemnified Parties thereby, all attorneys’ fees incurred by the Indemnified Parties in defending or otherwise responding to said action, proceeding, and/or Claims. In the event that another Participant does not comply with his/her obligations pursuant to this Release, then I will assume such Participant’s obligations, including, without limitation, any and all payment and/or indemnification obligations, pursuant to this Release.
5. I, for myself and on behalf of all of the other Participants, hereby authorize and grant the right to the Foundation, Los Angeles Dodgers LLC (the “Dodgers”), and/or anyone authorized by or acting on behalf of the Foundation and/or the Dodgers to use, reproduce, publish, and/or depict our name, voice, and/or likeness, in any manner that the Foundation and/or the Dodgers deem necessary or appropriate, in all media, worldwide, in perpetuity, in and in connection with the production, distribution, marketing, promotion, advertisement, packaging, sale, publication, exhibition, and/or exploitation of the Event, the Foundation, and/or the Dodgers, including, without limitation, in any and all print advertisements, broadcasts, telecasts, and/or other retransmissions of or regarding the Event, the Foundation, and/or the Dodgers. I, for myself and on behalf of all of the other Participants, acknowledge and agree that this authorization is intended to satisfy any and all of the consent requirements of California Civil Code sections 3344 and 3344.1, and we hereby waive and release any and all claims that we may have or hereafter have against the Foundation and/or the Dodgers under those statutes or any other statutes or common law principles of similar effect.
6. I, for myself and on behalf of all of the other Participants, UNDERSTAND THAT BY AGREEING TO THIS RELEASE, WE ARE GIVING UP OUR RIGHT TO SUE THE INDEMNIFIED PARTIES AND/OR TO SEEK COMPENSATION FROM THE INDEMNIFIED PARTIES FOR ANY INJURIES OR DAMAGES THAT WE MAY INCUR AS A RESULT OF THE ACTIVE OR PASSIVE NEGLIGENCE (BUT NOT GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) OF THE INDEMNIFIED PARTIES, OUR PARTICIPATION IN THE EVENT, AND/OR ANY AND ALL RISKS ASSUMED BY US HEREUNDER.
7. This Release shall be governed by, construed, interpreted, and enforced in accordance with the laws of the State of California.