The 108 Waiver

On behalf of myself and, if applicable, a child under the age of 18 years old for whom I am his/her parent/guardian (if applicable), I acknowledge that my/my child’s participation in any activities in this Facility (the “Event”) is voluntary and that the opportunity to participate in the Event shall be sufficient consideration for this Participant Release and Waiver (“Release”).  I represent that I understand the nature of my/my child’s presence in the Event. I acknowledge that if I believe conditions are unsafe in any way, I/my child will immediately cease participation in the Event. I fully understand that participation in the Event may involve bodily injury, illness, or property damage, including permanent disability, paralysis, and death, which may be caused by my/my child’s own actions or inactions, those participating in the Event (directly or indirectly), the conditions in which the Event takes place, and the negligence of The 108 Parties or any Event Person (as each is defined below). I understand, accept, and assume all risks and dangers inherent and relating to my/my child’s participation in the Event.

To the fullest extent permitted by applicable law, I hereby release, forever discharge, and covenant not to sue M&M Baseball Ltd, Diamond Sports Society Ltd, Major League Baseball Europe, Ltd., Major League Baseball Properties, Inc., MLB Advanced Media, L.P., the Office of the Commissioner of Baseball, The MLB Network, LLC, each of the Major League Baseball clubs, Major League Baseball players, the owners and operators of the venue in which the Event is held, and other past, present and future affiliated entities associated with the Event (collectively, “The 108 Parties”), the City in which the Event is held, and each of their respective past, present and future related entities, subsidiaries, affiliates, officers, directors, partners, owners, shareholders, governors, agents, independent contractors, servants, officials, employees, including, without limitation, players, managers and coaches, volunteers, successors, assigns, rightsholders, sponsors, and/or other licensees (each, an “Event Person” and, collectively, the “Event Persons”), and The 108 Parties and/or the Event Persons shall not be responsible for any death, illness, personal injury, property damage, or other loss suffered as a result of my/my child’s participation in the Event, including as a result of the negligence of The 108 Parties or any Event Person. The foregoing shall constitute a release and waiver of all liability, claims, demands, losses, or damages of whatever kind or nature, either in law or in equity, on my/my child’s account arising from participation in the Event.

By signing below and/or participating in the Event, I hereby grant The 108 Parties and the Event Persons the irrevocable, non-exclusive, transferable, sublicensable and assignable right to depict, without any additional consideration, and in perpetuity, in any and all media now or hereafter known, my/my child’s likeness, image, name, words, voice and/or biographical information (collectively, “Images”) in photographic or other works for purposes of promoting, advertising, or marketing the Event and current or future events related to baseball and/or the Event, and I agree that such Images may be used by The 108 Parties and/or the Event Persons for all such purposes. In addition, in connection with the use of the Images, I hereby release and waive any action or cause of action that I/my child may assert in connection with the use of the Images including, but not limited to, any claims which I have/my child has or may have for invasion of privacy, defamation, violation of any right of publicity, or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast, or exhibition of advertisements, promotions, content, programs and/or materials in which the Images appear.

I further agree that by signing below and/or participating in the Event, I hereby forever release, discharge and covenant not to sue The 108 Parties and/or the Event Persons, and I will indemnify and defend The 108 Parties and the Event Persons from and against any and all liability arising from my/my child’s participation in the Event.  I hereby sign this Release for myself/my child, my/my child’s personal representatives, assigns, heirs, next of kin and any other person or entity that may be entitled to make such a claim on my/my child’s behalf. I further agree that if, despite this Release, including the waiver of liability and assumption of risk, I, or anyone on my/my child’s behalf, makes a claim against the 108 Parties and/or any Event Person, I will indemnify, save, and hold harmless each of such persons and/or entities from any claim, loss, liability, damage, or cost which may incur as a result of such claim, including attorneys’ fees incurred by any such persons or entities defending against such claims.

This Release shall be governed by the laws of the laws of England and Wales, without regard to applicable conflicts of laws provisions or the principles of comity. I expressly waive and relinquish any and all rights or benefits that I/my child may now have, or in the future may have as to the matters released herein.  This Release is intended to cover all disputes, controversies or claims (“Claims”) in connection with and/or arising out of my/my child’s participation in the Event.  Should any Claims be deemed not to be covered by this Release, I agree that all such Claims that I wish to pursue (including any question regarding its existence, validity, formation or termination): (i) must be brought against M&M Baseball Ltd only and may not be brought against any of the other 108 Parties or Event Persons and (ii) must be brought on an individual basis only through confidential, final and binding arbitration at the London Court of International Arbitration (“LCIA”), in London, England before a private and impartial arbitrator conducted in accordance with the rules of the LCIA.  I hereby waive my right to commence, or be a party to, any class or collective claims or to bring jointly with any other person any claim against The 108 Parties or any Event Person. I agree that the arbitrator shall have the power to award any remedies, including attorneys’ fees and costs, available under applicable law. In agreeing to submit all Claims for resolution by arbitration, I acknowledge that such agreement is given in exchange for the rights to which I am/my child is not otherwise entitled: namely being permitted to participate in the Event and the more expeditious and confidential resolution of any such disputes.  I represent that, if this form is not signed below by my parent or guardian or by participating in the Event, I am eighteen (18) years of age or older.