RELEASE, WAIVER AND INDEMNIFICATION AGREEMENT

NOTICE: By signing this Release, Waiver and Indemnification Agreement (this “Agreement”), you waive certain legal rights, including the right to sue.

In consideration for being allowed to enter Globe Life Field and/or the facility formerly known as Globe Life Park (each, a “Facility”) and to attend and/or participate in certain clinics, tryouts, programming, or other related activities (each, the “Activity” and collectively, the “Activities”) administered by one or more of the Released Parties (as defined below) in or around the Facility, the undersigned (and his or her guardians if the Participant is a minor) (the “Participant,” “me,” and/or “I”) agrees as follows:

  1. TO WAIVE ALL CLAIMS that Participant has or may have against Rangers Baseball LLC, Ballpark Parking Partners LLC, Rangers Baseball Express LLC, Rangers Stadium Company LLC, Rangers Baseball HoldCo LLC, Arlington Ballpark Entertainment District Block LLC, Rangers Baseball Development LLC, Arlington Live, LLC, REV Entertainment LLC, Rangers Baseball Real Estate LLC, the City of Arlington, Texas Rangers Baseball Foundation, Major League Baseball (“MLB”), MLB-related entities, and each of their subsidiaries, affiliates, owners, employees, agents, sponsors, licensees, volunteers, participants, and successors-in-interest and assigns (collectively, “Released Parties”), arising out of Participant’s participation in the Activity, expressly including any claims arising from any NEGLIGENT acts, omissions, or conduct of the Released Parties. Any Activity may be cancelled, rescheduled, or relocated without prior notice.
  2. TO ASSUME ALL RISKS of participating in the Activity(ies), even those caused by the NEGLIGENT acts, omissions, or conduct of the Released Parties. The Participant and his/her guardians understand that the risks of participating in the Activity(ies) may be both foreseen and unforeseen and include serious physical injury, Communicable Disease (as defined herein), and/or death and other personal and property damages. Participant and his/her guardians voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury and/or Communicable Disease to Participant and his/her guardians (including, but not limited to, personal injury, disability, and death), damage, loss, claim, liability, or expense of any kind that Participant and his/her guardians may experience or incur in connection with the Activity(ies) (collectively, the “Claims”).
  3. TO RELEASE AND TO INDEMNIFY the Released Parties from any and all Claims that the Participant may incur in connection with the Activity(ies), even those caused by the NEGLIGENT acts, omissions or conduct of the Released Parties.
  4. COVENANT NOT TO SUE. Participant agrees not to institute legal proceedings against any of the Released Parties for any of the liabilities that have been waived, released or discharged herein, and further agrees to defend and indemnify the Released Parties from and against any and all legal proceedings that may be instituted on the Participant’s behalf.
  5. ARBITRATION. Participant agrees to submit any dispute arising from the Activity to binding arbitration. Each party shall pay its own costs. Arbitration shall be commenced within one (1) year after the date on which any alleged claim first arose. The arbitration proceeding shall proceed exclusively in Tarrant County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
  6. MISCELLANEOUS. In entering into this Agreement, Participant is not relying upon any oral or written representations other than what is set forth in this Agreement. The invalidity of any provision of this Agreement shall not affect the enforceability or effectiveness of any other provision. This Agreement shall be effective and binding upon Participant’s heirs, next of kin, executors, administrators, successors, assigns, and representatives, and anyone else who might claim on his/her behalf. Participant hereby permits the placement of Participant’s name and photo (and the name/photo of Participant’s minor child) on the Released Parties’ interactive media and on other promotional materials. Participant waives all potential claims and liabilities against the Released Parties relating in any way to the collection, use and disclosure of any personally identifiable information on the internet, including compliance with the FTC’s Children’s Online Privacy Protection Act (COPPA) or any other applicable law or regulation. Participant agrees that in the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Agreement. Participant understands that that Participant is obligated to follow the rules of the Activity(ies) including, but not limited to, any required health and wellness screening, and that Participant can minimize risk of Communicable Disease and/or injury by the exercise of common sense, following recommended health and safety guidance and by being aware. If, while participating in the Activity(ies), Participant observes any unusual hazard, which Participant believes jeopardizes his/her personal safety or that of others, Participant will remove himself/herself from participation and promptly bring the hazard to the attention of a representative of one of the Released Parties.
  7. COMMUNICABLE DISEASE ASSUMPTION OF RISK AND RELEASE OF LIABILITY. This Section 7 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 Activity(ies) and/or my/my child’s presence at the Facility. By participating in the Activity(ies) 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 Facility 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 Activity(ies) 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 Activity(ies) or be present at the Facility if, within fourteen (14) days preceding each applicable Activity, 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 Activity(ies) 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 RELEASED PARTIES FOR, AND THE RELEASED 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 RELEASED PARTIES AND/OR THE INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN THE ACTIVITY(IES) AND/OR BEING PRESENT AT THE FACILITY DURING A COMMUNICABLE DISEASE PANDEMIC.

PARTICIPANT FURTHER ACKNOWLEDGES THAT PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY(IES), IS PARTICIPATING AT HIS OR HER OWN RISK, AND IS AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE BUT ARE NOT LIMITED TO PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, COMMUNICABLE DISEASE, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY, ECONOMIC OR EMOTIONAL LOSS, AND DEATH.  PARTICIPANT UNDERSTANDS THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM HIS OR HER OWN OR OTHERS’ NEGLIGENCE, INCLUDING THE NEGLIGENCE OF THE RELEASED PARTIES, AND NONETHELESS ASSUMES ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN TO PARTICIPANT, ASSOCIATED WITH PARTICIPATION IN THIS ACTIVITY. PARTICIPANT FURTHER ACKNOWLEDGES THAT PARTICIPANT HAS READ THIS RELEASE, WAIVER AND INDEMNIFICATION AGREEMENT, AND FULLY UNDERSTANDS THE PROVISIONS AND COVENANTS CONTAINED HEREIN.  PARTICIPANT IS AWARE THAT BY SIGNING THIS AGREEMENT PARTICIPANT MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.


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Date: 8/20/2020

Time: 3:07 AM

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IF PARTICIPANT IS UNDER 18: I AM A PARENT OR LEGAL GUARDIAN OF PARTICIPANT, AND I ATTEST THAT PARTICIPANT IS A MINOR, THAT I HAVE LEGAL RESPONSIBILITY OVER PARTICIPANT, AND CONSENT TO HIS/HER PARTICIPATION IN THE ACTIVITY(IES). I HAVE READ THE ABOVE AGREEMENT AND AM FULLY FAMILIAR WITH THE CONTENTS THEREOF. IN CONSIDERATION FOR ALLOWING THE PARTICIPATION OF MY CHILD IN THE ACTIVITY(IES), I HEREBY CONSENT TO THE AGREEMENT ON BEHALF OF MY CHILD AND AGREE THAT THIS AGREEMENT SHALL BE BINDING UPON ME, MY HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS.


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Date: 8/20/2020

Time: 3:07 AM


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PLAYER AGENTS OR ADVISORS ONLY:

By checking this box, I attest that I am a guardian of Participant, have legal responsibility over Participant, and consent to his/her participation in the Activity(ies)


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