Chicago Cubs Fantasy Camp Release
CAMPER RELEASE AND WAIVER READ THIS NOTICE CAREFULLY
- I know baseball is an action I also know natural and man-made obstacles or hazards and surface and environmental conditions may be present on the field, in the stands, in the batting cage, in the outfield, on the warning track and throughout the stadium during the Camp, and each may carry a significant risk, including, without limitation, the risk of death or serious injury to myself and others and damage to the property of myself and others. I recognize that the Cubs Camp cannot guarantee the absence of the risk of injury during the Camp. I acknowledge I am not required to undertake or participate in the Cubs Camp— I have freely and voluntarily elected to do so and am choosing to participate in the Cubs Camp at my own risk. I represent that I understand the nature of the activities associated with the Cubs Camp and I warrant that I am in good health, and in proper physical condition to participate in the Cubs Camp. I FULLY accept and ASSUME ANY AND ALL RISKS associated with or inherent in the game of baseball or otherwise with the Camp, including without limitation the danger of injury due to a released bat or thrown or batted ball, and all responsibility for losses, costs, and damages I, or any third parties incur as a result of my participation in the Camp.
- I understand I should not attend the Camp if I am not in healthy condition. I hereby represent, to the best of my knowledge, I am free from contagious disease, fully immunized, and able to participate in the Camp without undue harm to myself and other participants. I hereby grant the Camp permission to administer immediate medical treatment and/or to transport me to the nearest emergency medical center, including via ambulance/emergency vehicle, if the Camp deems necessary. I assume all responsibility for all resulting medical expenses (including without limitation transportation, hospitalization, x-rays, etc.).
- I understand I must abide by Camp policies, rules, and the instructions of Camp staff at all times. I understand the Camp, in its sole and absolute discretion, may dismiss me if I fail to behave, harm another participant, exhibit signs of illness, or otherwise violate Camp policies. I also understand no part of my payments will be refunded in the event I am dismissed, or otherwise due to late arrival, early departure, vacations, illness, or injury.
- I, ON BEHALF OF MYSELF, MY HEIRS, ASSIGNS, ADMINISTRATORS, EXECUTORS, LEGAL AND PERSONAL REPRESENTATIVES, AND NEXT OF KIN, AND ANY OTHER PERSON WHO OBTAINS ANY RIGHTS FROM ME, HEREBY FOREVER RELEASE, WAIVE AND DISCHARGE, SAVE AND HOLD HARMLESS, AND COVENANT NOT TO SUE THE CHICAGO CUBS BASEBALL CLUB, LLC, WAVELAND EVENTS, LLC THE MLB ENTITIES (AS DEFINED BELOW), AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, SUCCESSORS, ASSIGNS, OFFICERS, MEMBERS, PARTNERS, MANAGERS, PLAYERS, DIRECTORS, EMPLOYEES, AGENTS, OFFICIALS, PLAYERS, REPRESENTATIVES, OTHER PARTICIPANTS, AND ANY SPONSORS OR ADVERTISERS OF ANY OF THE FOREGOING (COLLECTIVELY, THE “RELEASED PARTIES”), FROM ALL PAST, PRESENT AND FUTURE CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, AND INCLUDING BUT NOT LIMITED TO BODILY INJURY OR DEATH, WITH RESPECT TO PARTICIPATING AT THE CAMP, ANY PROMOTION OR PUBLICITY ABOUT THE CAMP, AND/OR ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, OTHER CAMP PARTICIPANTS OR OTHERWISE, INCLUDING IN EACH CASE, ANY INJURIES SUFFERED AT, IN, ON OR NEAR SLOAN FOR PURPOSES OF THIS WAIVER OF LIABILITY/PUBLICITY, “MLB ENTITIES” SHALL MEAN THE OFFICE OF THE COMMISSIONER OF BASEBALL, ITS BUREAUS, COMMITTEES, SUBCOMMITTEES AND COUNCILS, MLB ADVANCED MEDIA, L.P., MAJOR LEAGUE BASEBALL ENTERPRISES, INC., MAJOR LEAGUE BASEBALL PROPERTIES, INC., THE MAJOR LEAGUE BASEBALL CLUBS, THE MLB NETWORK, LLC, TICKETS.COM, INC., AND EACH OF THEIR RESPECTIVE 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 OR THE OFFICE OF THE COMMISSIONER OF BASEBALL.
- I understand and agree the Camp is for the sole purpose of my entertainment. Any pictures or photographs that I take shall be used solely for my private, non-commercial use. No sale, transmission, distribution or commercial use may be made of the pictures, descriptions or use of Sloan Park or the Camp.
- I hereby grant to the Released Parties and their respective designees the irrevocable, non-exclusive, transferable, sublicensable and assignable right to depict, without any additional compensation or consideration, notification or permission, and in perpetuity, in any and all media now or hereafter known, my likeness, image, name, words, voice, actions and/or biographical information (collectively, “Images”) in photographic, video or audio recordings or other works for purposes of promoting, advertising, or marketing current or future events related to the Chicago Cubs, any of the Released Parties or the Camp, and I agree that such Images may be used by any Released Parry for all such purposes. In addition, in connection with use of the Images, I hereby release and waive an action of cause of action that I (or anyone acting on my behalf) may assert in connection with the use of the Images including, but not limited to, any claims 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, my heirs, assigns, administrators, executors, legal and personal representatives, and next of kin will not make any claim or take any actions or proceedings of any type in respect to any matter referred to in this release against any of the Released Parties or against any other person, corporation, firm or government authority who or which might claim contribution, indemnity or relief from or over the Released Parties.
- I HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD RELEASED PARTIES HARMLESS FROM ANY LOSS, LIABILITY, DAMAGE, OR COST (INCLUDING ATTORNEYS’ FEES) (COLLECTIVELY, “COSTS”) ARISING FROM MY PARTICIPATION IN THE EVENT WHETHER CAUSED BY THE RELEASED PARTIES’ NEGLIGENCE OR OTHERWISE.
- I have read this Release, understand that I have given up substantial rights and have accepted its terms freely and without any inducement or the assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law. If any provision of this Release is unenforceable, the remainder of this Release shall remain enforceable to the full extent allowed by law.
- By Registering for Chicago Cubs Fantasy Camp, I hereby declare I have reached the age of 18 years; I have carefully read all of the foregoing; I fully understand its contents; I have given this Release of my own free will; and this Release binds my heirs, assigns, administrators, executors, legal and personal representatives, and next of kin.