RELEASE AND WAIVER OF CLAIMS
In consideration of the DBH Rome, LLC d/b/a Rome Emperors allowing me to voluntarily participate in certain promotional activities and/or the use of equipment and facilities in connection therewith (collectively, the “Activities”), I HEREBY ACKNOWLEDGE AND AGREE THAT MY PARTICIPATION IN SUCH ACTIVITIES INVOLVES RISK OF BODILY INJURY, DEATH, SICKNESS, AND/OR DAMAGE TO OR LOSS OF PROPERTY AND I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN. I SPECIFICALLY ACKNOWLEDGE AND AGREE THAT I AM EXPRESSLY ASSUMING ALL RISKS, KNOWN AND UNKNOWN, WITH RESPECT TO THE COVID-19 PANDEMIC AND PARTICIPATING IN THE ACTIVITIES DURING SUCH PANDEMIC. I hereby release and hold harmless any Major League Baseball entities, DBH Rome, LLC, and each of their respective parent, subsidiary and affiliated companies, and all of their respective directors, officers, shareholders, employees, agents, independent contractors (including, but not limited to, concessionaires and parking operators), sponsors, successors and assigns (collectively, the “Rome Emperors”), Floyd County, Georgia, and AdventHealth (collectively, all of the indemnified parties referenced above are referred to herein as the “Indemnified Parties”), from any and all rights, claims, demands, losses, damages, expenses, costs and actions (including reasonable attorneys’ fees) to me or my property, whether arising from, without limitation, the negligence of the Indemnified Parties or otherwise, which I, my heirs, executors or assigns may have in connection with my voluntary participation in the Activities or use of any facilities or services in connection therewith, including without limitation, any bodily injuries, death, personal injuries or property damage that I may incur or which may arise or result from my voluntary participation in the Activities. I acknowledge that my participation in the Activities shall be subject to the rules and regulations that the Indemnified Parties may require and that I shall be obligated to pay for any damage that I may cause while participating in the Activities.
Further, I hereby grant the DBH Rome, LLC Parties and/or their sponsors the perpetual, worldwide right to make both visual and/or audio recordings and still images of me and to use my name, image, voice, likeness, and biographical information in connection with the Activities in any of the Rome Emperors games, Rome Emperors-related programming, promotional/marketing materials, community affairs initiatives, and/or other media (collectively, the “Media”) and for the purpose of advertising, marketing and/or promoting the DHB Rome, LLC (“Rome Emperors”) and/or their sponsors. I agree that the rights granted hereunder shall include the perpetual, worldwide right of the Braves Parties and/or their sponsors to edit, telecast, cablecast, rerun, record, publish, reproduce, use, license, print, distribute or otherwise exploit my name, image, voice, likeness, and biographical information in any manner and in any medium or forum whether now known or hereafter devised, in whole or in part, without any further compensation to me.
This section is an acknowledgement and express assumption of risk and release of liability in any way related to me/my child being exposed to or contracting COVID-19 (as defined by the World Health Organization) and any strains, variants, or mutations thereof, the coronavirus that causes COVID-19 and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof (collectively, “Communicable Disease”), during or in connection with my/my child’s participation in the Activities and/or my/my child’s presence at the Activities’ location (the “Facility”). By participating in the Activities and/or being present at the Facility, I acknowledge and expressly assume the risk that I/my child may be exposed to Communicable Disease. I expressly understand that the risks of exposure to Communicable Disease include contracting Communicable Disease and the associated dangers, medical complications (including death) and physical and mental injuries, both foreseen and unforeseen, that may result from contracting Communicable Disease. I further acknowledge and understand that my/my child’s interaction with Activities staff, participants and any other individuals present at the Facility poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, that it cannot be guaranteed that I/my child will not be exposed to Communicable Disease, and that potential exposure to or contraction of Communicable Disease while participating in the Activities and/or being present at the Facility are risks that cannot be eliminated. If infected with Communicable Disease, I acknowledge and understand that I/my child may subsequently infect others, even if I/my child don’t experience or display any symptoms.
In connection with the foregoing, I agree that I/my child will not participate in the Activities or be present at the Facility if, within fourteen (14) days preceding the Activities, I/my child (i) tested positive or presumptively positive for Communicable Disease or was identified as a potential carrier of Communicable Disease, (ii) experienced any symptoms commonly associated with Communicable Disease, including, without limitation, fever, cough, loss of sense of taste or smell, or shortness of breath; (iii) traveled to a country that is subject to a U.S. State Department Level 4 “Do Not Travel” Advisory or a CDC Level 3 Travel Health Notice (each, a “Prohibited Country”) and/or (iv) was in direct contact with or the immediate vicinity of any person who is either confirmed or suspected of being infected with Communicable Disease or who has travelled to a Prohibited Country within fourteen (14) days preceding my/my child’s encounter with such person. I further agree that I/my child will submit to any health screening and/or Communicable Disease testing that may be required as a condition of my/my child’s participation in the Activities and/or presence at the Facility.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I HEREBY WAIVE, RELEASE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE THE INDEMNIFIED PARTIES FOR, AND THE INDEMNIFIED PARTIES SHALL NOT BE RESPONSIBLE FOR, ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF COMMUNICABLE DISEASE BY ME/MY CHILD OR ANY OTHER INDIVIDUAL INFECTED BY ME/MY CHILD, INCLUDING, WITHOUT LIMITATION CLAIMS RESULTING FROM THE NEGLIGENCE OF THE INDEMNIFIED PARTIES AND/OR THE INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN THE ACTIVITIES AND/OR BEING PRESENT AT THE FACILITY DURING A COMMUNICABLE DISEASE PANDEMIC.
CALIFORNIA RESIDENTS: I FURTHER ACKNOWLEDGE AND AGREE THAT I AM FAMILIAR WITH AND DO HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
I have read this entire document and acknowledge, accept, and assume the risk that injury or damage to my person or property may result from such Activities and warrant that I am over eighteen (18) years of age and that I have every right to contract in my own name.
