RELEASE BY LICENSEE. Licensee agrees (on behalf of themselves and any Attendee(s)) that Licensor, the Club, the MLB Entities (as defined herein), their past, present and future corporate affiliates, successors, assigns, and each of their respective players, managers, coaches, employees, partners, members, directors, officers, owners, agents, representatives, independent contractors and volunteers (collectively, the “Released Entities”), will not be responsible for any personal illness, physical and/or mental injuries, medical complications (including death) disability or injury, property damage, or other loss, both foreseen and unforeseen, suffered by Licensee (or any Attendee(s)) as a result of (a) attendance in or at the Stadium (including, but not limited to, in or at the Luxury Suite and/or any common areas of the Stadium), (b) participation in, attendance at, and/or observation of any Postseason Game or any Attractions taking place in or at the Stadium and/or the Luxury Suite, and/or (c) the negligence of any of the Released Entities. Without limiting the generality of the foregoing, Licensee specifically acknowledges the extremely contagious nature of SARS-CoV-2 and voluntarily assumes the risk that Licensee (and/or any Attendee(s)) may be exposed to or infected by one or more Communicable Diseases while attending Postseason Games or otherwise being present in or at (or interacting with staff, participants, and/or any other individuals present in or at) the Stadium, the Luxury Suite or any other facilities under the control of either of the Club and/or Licensor, and that such exposure or infection may involve the RISK OF SERIOUS PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, PERMANENT DISABILITY AND/OR DEATH, BOTH FORESEEN AND UNFORESEEN. Licensee understands that the risk of becoming exposed to or infected with any Communicable Diseases while attending Postseason Games or otherwise being present in or at (or interacting with staff, participants and/or any other individuals present in or at) the Stadium, the Luxury Suite or any other facilities under the control of either of the Club and/or Licensor may result from the actions, omissions, or negligence of others and/or Licensee and/or any Attendee(s), including, but not limited to, the Released Entities. LICENSEE (ON BEHALF OF THEMSELVES AND ANY ATTENDEE(S)) HEREBY EXPRESSLY ASSUMES ALL SUCH RISKS AND DANGERS, WHETHER PRESENTLY KNOWN OR UNKNOWN, AND SPECIFICALLY RELEASES EACH OF THE RELEASED ENTITIES FROM ANY AND ALL COSTS, EXPENSES, DAMAGES, CAUSES OF ACTION, AND LIABILITIES OF ANY KIND ARISING OUT OF, ON ACCOUNT OF, OR RELATING TO ANY PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, DISABILITY OR RESULTING DEATH (INCLUDING BUT NOT LIMITED TO PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, DISABILITY OR RESULTING DEATH FROM THE CORONAVIRUS, COVID-19, OR ANY OTHER COMMUNICABLE DISEASES) BOTH FORESEEN AND UNFORESEEN OF LICENSEE (OR ANY ATTENDEE(S)) ARISING OUT OF OR RELATED TO ANY OF THE SERVICES DESCRIBED IN THIS AGREEMENT, PARTICIPATION IN, ATTENDANCE AT, AND/OR OBSERVATION OF, AS APPLICABLE, ANY POSTSEASON GAMES, ATTRACTIONS OR ATTENDING OR OTHERWISE BEING PRESENT IN OR AT (OR INTERACTING WITH STAFF, PARTICIPANTS, AND/OR ANY OTHER INDIVIDUALS PRESENT IN OR AT) THE LUXURY SUITE AND/OR THE STADIUM. Licensee further acknowledges and agrees that Licensee will not attend at the Stadium (including, but not limited to, the Luxury Suite) or use any Ticket, or knowingly allow any Attendee(s) to attend at the Stadium or use any Ticket, if, within fourteen (14) days preceding the Postseason Game to which such Ticket relates, Licensee or any Attendee(s) (i) tested positive or presumptively positive for COVID- 19 or any other Communicable Disease, (ii) has been identified as a potential carrier of COVID-19 or any other Communicable Disease,
Appears in 1 contract
RELEASE BY LICENSEE. Licensee agrees (on behalf of themselves and any Attendee(s)) that the Licensor, the Club, the MLB Entities (as defined herein), their past, present and future corporate affiliates, successors, assigns, and each of their respective players, managers, coaches, employees, partners, membersmembers , directors, officers, owners, agents, representatives, independent contractors and volunteers (collectively, the “Released Entities”), will not be responsible for any personal illness, physical and/or mental injuries, medical complications (including death) disability or injury, property damage, or other loss, both foreseen and unforeseen, suffered by Licensee (or any Attendee(s)) as a result of (a) attendance in or at the Stadium (including, but not limited to, in or at the Luxury Executive Suite and/or any common areas of the Stadium), (b) participation in, attendance at, and/or observation of any Postseason Game or any Attractions taking place in or at the Stadium and/or the Luxury Executive Suite, and/or (c) the negligence of any of the Released Entities. Without limiting the generality of the foregoing, Licensee specifically acknowledges the extremely contagious nature of SARS-CoV-2 Communicable Diseases and voluntarily assumes the risk that Licensee (and/or any Attendee(s)) may be exposed to or infected by one or more Communicable Diseases while attending Postseason Games or otherwise being present in or at (or interacting with staff, participants, and/or any other individuals present in or at) the Stadium, the Luxury Executive Suite or any other facilities under the control of either of the Club and/or Licensor, and that such exposure or infection may involve the RISK OF SERIOUS PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, PERMANENT DISABILITY AND/OR DEATH, BOTH FORESEEN AND UNFORESEEN. Licensee understands that the risk of becoming exposed to or infected with any Communicable Diseases while attending Postseason Games or otherwise being present in or at (or interacting with staff, participants and/or any other individuals present in or at) the Stadium, the Luxury Executive Suite or any other facilities under the control of either of the Club and/or Licensor may result from the actions, omissions, or negligence of others and/or Licensee and/or any Attendee(s), including, but not limited to, the Released Entities. LICENSEE (ON BEHALF OF THEMSELVES AND ANY ATTENDEE(S)) HEREBY EXPRESSLY ASSUMES ALL SUCH RISKS AND DANGERS, WHETHER PRESENTLY KNOWN OR UNKNOWN, AND SPECIFICALLY RELEASES EACH OF THE RELEASED ENTITIES FROM ANY AND ALL COSTS, EXPENSES, DAMAGES, CAUSES OF ACTION, AND LIABILITIES OF ANY KIND ARISING OUT OF, ON ACCOUNT OF, OR RELATING TO ANY PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, DISABILITY OR RESULTING DEATH (INCLUDING BUT NOT LIMITED TO PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, DISABILITY OR RESULTING DEATH FROM THE CORONAVIRUS, COVID-19, OR ANY OTHER COMMUNICABLE DISEASESDISEASE) BOTH FORESEEN AND UNFORESEEN OF LICENSEE (OR ANY ATTENDEE(S)) ARISING OUT OF OR RELATED TO ANY OF THE SERVICES DESCRIBED IN THIS AGREEMENT, PARTICIPATION IN, ATTENDANCE AT, AND/OR OBSERVATION OF, AS APPLICABLE, ANY POSTSEASON GAMES, ATTRACTIONS OR ATTENDING OR OTHERWISE BEING PRESENT IN OR AT (OR INTERACTING WITH STAFF, PARTICIPANTS, AND/OR ANY OTHER INDIVIDUALS PRESENT IN OR AT) THE LUXURY EXECUTIVE SUITE AND/OR THE STADIUM. Licensee further acknowledges and agrees that Licensee will not attend at the Stadium (including, but not limited to, the Luxury Executive Suite) or use any Ticket, or knowingly allow any Attendee(s) to attend at the Stadium or use any Ticket, if, within fourteen ten (1410) days preceding the Postseason Game to which such Ticket relates, Licensee or any Attendee(s) (i) tested positive is required and/or advised (whether pursuant to applicable law or presumptively positive guidance of public health authorities) to self-isolate, quarantine or otherwise refrain from attending at public gatherings or (ii) is otherwise prohibited from attending the Stadium and/or using the Ticket pursuant to any existing or future requirements, restrictions, and/or limitations required by applicable law, the Club, the Licensor, or the MLB Entities; any of the Club’s, Licensor’s or the MLB Entities’ processes, procedures or operations; and/or any other applicable legal requirements (collectively, the “Restrictions.”). The Licensor reserves the right to add to and/or modify the Restrictions. The Licensee further acknowledges and agrees that the Restrictions (including, but not limited to, any matters that have or will result from any Communicable Disease, recommendations from public health authorities, guidance and requirements of the MLB Entities, and other relevant policies and guidelines) may reasonably necessitate that the Club and/or the Licensor modify and update policies, procedures, and/or operations. By way of illustration and not limitation, public health guidelines (such as social distancing recommendations), could reasonably necessitate that the Club and/or Licensor modify seating distribution at the Stadium for COVID- 19 Games. The Licensee acknowledges and agrees that under no circumstances will the Licensor be in beach of or default under this License as a result of implementing any of the aforementioned modifications or updates, whether or not such modifications or updates impact the Ticket(s) forming part of this Agreement or Licensor’s ability to deliver one or more of the items as specified under this Agreement.. Licensee (on behalf of themselves and any Attendee(s)) further releases the Released Entities from and against any and all claims which Licensee and/or any Attendee(s) has or may have for invasion of privacy, defamation, violation of any right of publicity, or any other Communicable Diseasecause of action arising out of the production, (ii) has been identified as a potential carrier reproduction, distribution, transmission, publication, public performance, broadcast or exhibition of COVID-19 advertisements, promotions, content, programs, and/or materials in which recordings or photographs of Licensee or any other Communicable Disease,Attendee(s) to a Game and/or Attraction appear. LICENSEE, BY ACCEPTING THIS AGREEMENT AND/OR BY ATTENDING A GAME OR ATTRACTION OR OTHERWISE ATTENDING IN OR AT (OR INTERACTING WITH STAFF, PARTICIPANTS, AND/OR ANY OTHER INDIVIDUALS PRESENT IN OR AT) THE STADIUM OR THE EXECUTIVE SUITE, IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED ENTITIES TO THE FULLEST EXTENT PERMITTED BY LAW. LICENSEE IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY ATTENDEE(S). IF LICENSEE DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY ATTENDEE(S), LICENSEE MUST NOT PERMIT SUCH ATTENDEE(S) TO ENTER THE EXECUTIVE SUITE. THE FOREGOING RELEASES WILL SURVIVE THE EXPIRATION OR EARLY TERMINATION OF THIS AGREEMENT.
Appears in 1 contract
Samples: Suite License Agreement
RELEASE BY LICENSEE. Licensee agrees (on behalf of themselves and any Attendee(s)) that the Licensor, the Club, the MLB Entities (as defined herein)Rogers Blue Jays Baseball Partnership, their past, present and future corporate affiliates, successors, assigns, and each of their respective players, managers, coaches, employees, partners, membersmembers , directors, officers, owners, agents, representatives, independent contractors and volunteers (collectively, the “Released Entities”), will not be responsible for any personal illness, physical and/or mental injuries, medical complications (including death) disability or injury, property damage, or other loss, both foreseen and unforeseen, suffered by Licensee (or any Attendee(s)) as a result of (a) attendance in or at the Stadium (including, but not limited to, in or at the Luxury Suite and/or any common areas of the Stadium), (b) participation in, attendance at, and/or observation of any Postseason Game event or any Attractions taking place in or at the Stadium and/or the Luxury Suite, and/or (c) the negligence of any of the Released Entities. Without limiting the generality of the foregoing, Licensee specifically acknowledges the extremely contagious nature of SARS-CoV-2 and voluntarily assumes the risk that Licensee (and/or any Attendee(s)) may be exposed to or infected by one or more Communicable Diseases while attending Postseason Games the Event or otherwise being present in or at (or interacting with staff, participants, and/or any other individuals present in or at) the Stadium, the Luxury Suite or any other facilities under the control of either of the Club and/or Licensor, and that such exposure or infection may involve the RISK OF SERIOUS PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, PERMANENT DISABILITY AND/OR DEATH, BOTH FORESEEN AND UNFORESEEN. Licensee understands that the risk of becoming exposed to or infected with any Communicable Diseases while attending Postseason Games the Event or otherwise being present in or at (or interacting with staff, participants and/or any other individuals present in or at) the Stadium, the Luxury Suite or any other facilities under the control of either of the Club and/or Licensor may result from the actions, omissions, or negligence of others and/or Licensee and/or any Attendee(s), including, but not limited to, the Released Entities. LICENSEE (ON BEHALF OF THEMSELVES AND ANY ATTENDEE(S)) HEREBY EXPRESSLY ASSUMES ALL SUCH RISKS AND DANGERS, WHETHER PRESENTLY KNOWN OR UNKNOWN, AND SPECIFICALLY RELEASES EACH OF THE RELEASED ENTITIES FROM ANY AND ALL COSTS, EXPENSES, DAMAGES, CAUSES OF ACTION, AND LIABILITIES OF ANY KIND ARISING OUT OF, ON ACCOUNT OF, OR RELATING TO ANY PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, DISABILITY OR RESULTING DEATH (INCLUDING BUT NOT LIMITED TO PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, DISABILITY OR RESULTING DEATH FROM THE CORONAVIRUS, COVID-19, OR ANY OTHER COMMUNICABLE DISEASES) BOTH FORESEEN AND UNFORESEEN OF LICENSEE (OR ANY ATTENDEE(S)) ARISING OUT OF OR RELATED TO ANY OF THE SERVICES DESCRIBED IN THIS AGREEMENT, PARTICIPATION IN, ATTENDANCE AT, AND/OR OBSERVATION OF, AS APPLICABLE, ANY POSTSEASON GAMESEVENTS, ATTRACTIONS OR ATTENDING OR OTHERWISE BEING PRESENT IN OR AT (OR INTERACTING WITH STAFF, PARTICIPANTS, AND/OR ANY OTHER INDIVIDUALS PRESENT IN OR AT) THE LUXURY SUITE AND/OR THE STADIUM. Licensee further acknowledges and agrees that Licensee will not attend at the Stadium (including, but not limited to, the Luxury Suite) or use any Ticket, or knowingly allow any Attendee(s) to attend at the Stadium or use any Ticket, ifif the Licensee or any Attendee, within fourteen as applicable: (14i) days preceding is required and/or advised (whether pursuant to applicable law or guidance of public health authorities) to self-isolate, quarantine or otherwise refrain from attending at public gatherings, or (ii) is otherwise prohibited from attending the Postseason Game Stadium and/or using any Ticket pursuant to any of the Restrictions. Licensor reserves the right to add to and/or modify the foregoing restrictions. Licensee (on behalf of themselves and any Attendee(s)) further releases the Released Entities from and against any and all claims which such Ticket relatesLicensee and/or any Attendee(s) 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 recordings or photographs of Licensee or any Attendee(s) (i) tested positive to the Event and/or Attraction appear. Licensee further acknowledges and agrees that the Restrictions and/or other matters that have or presumptively positive for COVID- 19 or will result from the Coronavirus, COVID-19, any other Communicable DiseaseDisease and the Pandemic (including, but not limited to, recommendations from public health authorities and other relevant policies and guidelines) may reasonably necessitate that the Licensor modify and update policies, procedures, and/or operations. By way of illustration and not limitation, evolving public health guidelines (ii) has been identified such as social distancing recommendations), could reasonably necessitate that the Licensor modify the maximum capacity of the Luxury Suite, seating/standing distribution at / in the Stadium or the Luxury Suite, and/ or entrance protocols at the Stadium for the Event. Licensee acknowledges and agrees that under no circumstances will Licensor be in beach of or default under this Agreement as a potential carrier result of COVID-19 implementing any of the aforementioned modifications or any other Communicable Disease,updates, whether or not such modifications or updates impact the Ticket(s) forming part of this Agreement or Licensor’s ability to deliver one or more of the items as specified under this Agreement. LICENSEE, BY ACCEPTING THIS AGREEMENT AND/OR BY ATTENDING THE EVENT OR ATTRACTION OR OTHERWISE ATTENDING IN OR AT (OR INTERACTING WITH STAFF, PARTICIPANTS, AND/OR ANY OTHER INDIVIDUALS PRESENT IN OR AT) THE STADIUM OR THE LUXURY SUITE, IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED ENTITIES TO THE FULLEST EXTENT PERMITTED BY LAW. LICENSEE IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY ATTENDEE(S). IF LICENSEE DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY ATTENDEE(S), LICENSEE MUST NOT PERMIT SUCH ATTENDEE(S) TO ENTER THE LUXURY SUITE. THE FOREGOING RELEASES WILL SURVIVE THE EXPIRATION OR EARLY TERMINATION OF THIS AGREEMENT.
Appears in 1 contract
Samples: 2022 Luxury Suite License Agreement
RELEASE BY LICENSEE. Licensee agrees (on behalf of themselves and any Attendee(s)) that Licensor, the Club, the MLB Entities (as defined herein), their past, present and future corporate affiliates, successors, assigns, and each of their respective players, managers, coaches, employees, partners, members, directors, officers, owners, agents, representatives, independent contractors and volunteers (collectively, the “Released Entities”), will not be responsible for any personal illness, physical and/or mental injuries, medical complications (including death) disability or injury, property damage, or other loss, both foreseen and unforeseen, suffered by Licensee COMMITMENTS AND ACKNOWLEDGMENTS (or any Attendee(s)) as a result of (a) attendance in or at the Stadium (including, but not limited to, in or at the Luxury Suite and/or any common areas of the Stadium), (b) participation in, attendance at, and/or observation of any Postseason Game or any Attractions taking place in or at the Stadium and/or the Luxury Suite, and/or (c) the negligence of any of the Released Entities. Without limiting the generality of the foregoing, Licensee specifically acknowledges the extremely contagious nature of SARS-CoV-2 and voluntarily assumes the risk that Licensee (and/or any Attendee(s)) may be exposed to or infected by one or more Communicable Diseases while attending Postseason Games the Game or otherwise being present in or at (or interacting with staff, participants, and/or any other individuals present in or at) the Stadium, the Luxury Suite or any other facilities under the control of either of the Club and/or Licensor, and that such exposure or infection may involve the RISK OF SERIOUS PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, PERMANENT DISABILITY AND/OR DEATH, BOTH FORESEEN AND UNFORESEEN. Licensee understands that the risk of becoming exposed to or infected with any Communicable Diseases while attending Postseason Games the Game or otherwise being present in or at (or interacting with staff, participants and/or any other individuals present in or at) the Stadium, the Luxury Suite or any other facilities under the control of either of the Club and/or Licensor may result from the actions, omissions, or negligence of others and/or Licensee and/or any Attendee(s), including, but not limited to, the Released Entities. LICENSEE (ON BEHALF OF THEMSELVES AND ANY ATTENDEE(S)) HEREBY EXPRESSLY ASSUMES ALL SUCH RISKS AND DANGERS, WHETHER PRESENTLY KNOWN OR UNKNOWN, AND SPECIFICALLY RELEASES EACH OF THE RELEASED ENTITIES FROM ANY AND ALL COSTS, EXPENSES, DAMAGES, CAUSES OF ACTION, AND LIABILITIES OF ANY KIND ARISING OUT OF, ON ACCOUNT OF, OR RELATING TO ANY PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, DISABILITY OR RESULTING DEATH (INCLUDING BUT NOT LIMITED TO PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, DISABILITY OR RESULTING DEATH FROM THE CORONAVIRUS, COVID-19, OR ANY OTHER COMMUNICABLE DISEASES) BOTH FORESEEN AND UNFORESEEN OF LICENSEE (OR ANY ATTENDEE(S)) ARISING OUT OF OR RELATED TO ANY OF THE SERVICES DESCRIBED IN THIS AGREEMENT, PARTICIPATION IN, ATTENDANCE AT, AND/OR OBSERVATION OF, AS APPLICABLE, ANY POSTSEASON GAMES, ATTRACTIONS OR ATTENDING OR OTHERWISE BEING PRESENT IN OR AT (OR INTERACTING WITH STAFF, PARTICIPANTS, AND/OR ANY OTHER INDIVIDUALS PRESENT IN OR AT) THE LUXURY SUITE AND/OR THE STADIUM. Licensee further acknowledges and agrees that Licensee will not attend at the Stadium (including, but not limited to, the Luxury Suite) or use any Ticket, or knowingly allow any Attendee(s) to attend at the Stadium or use any Ticket, ifif the Licensee or any Attendee, within fourteen as applicable: (14i) days preceding is required and/or advised (whether pursuant to applicable law or guidance of public health authorities) to self-isolate, quarantine or otherwise refrain from attending at public gatherings, or (ii) is otherwise prohibited from attending the Postseason Game Stadium and/or using any Ticket pursuant to any of the Restrictions. Licensor reserves the right to add to and/or modify the foregoing restrictions. Licensor reserves the right to add to and/or modify the foregoing restrictions. Licensee (on behalf of themselves and any Attendee(s)) further releases the Released Entities from and against any and all claims which such Ticket relatesLicensee and/or any Attendee(s) 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 recordings or photographs of Licensee or any Attendee(s) (i) tested positive to the Game and/or Attraction appear. Licensee further acknowledges and agrees that the Restrictions and/or other matters that have or presumptively positive for COVID- 19 or will result from the Coronavirus, COVID-19, any other Communicable DiseaseDisease and the Pandemic (including, but not limited to, recommendations from public health authorities, guidance and requirements of the MLB Entities, and other relevant policies and guidelines) may reasonably necessitate that the Licensor modify and update policies, procedures, and/or operations. By way of illustration and not limitation, evolving public health guidelines (ii) has been identified such as social distancing recommendations), could reasonably necessitate that the Club and/or Licensor modify the maximum capacity of the Luxury Suite, seating/standing distribution at/in the Stadium or the Luxury Suite and/or entrance protocols at the Stadium for the Game. Licensee acknowledges and agrees that under no circumstances will Licensor be in beach of or default under this Agreement as a potential carrier result of COVID-19 implementing any of the aforementioned modifications or any other Communicable Disease,updates, whether or not such modifications or updates impact the Ticket(s) forming part of this Agreement or Licensor’s ability to deliver one or more of the items as specified under this Agreement. LICENSEE, BY ACCEPTING THIS AGREEMENT AND/OR BY ATTENDING THE GAME, EVENT OR ATTRACTION OR OTHERWISE ATTENDING IN OR AT (OR INTERACTING WITH STAFF, PARTICIPANTS, AND/OR ANY OTHER INDIVIDUALS PRESENT IN OR AT) THE STADIUM OR THE LUXURY SUITE, IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED ENTITIES TO THE FULLEST EXTENT PERMITTED BY LAW. LICENSEE IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY ATTENDEE(S). IF LICENSEE DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY ATTENDEE(S), LICENSEE MUST NOT PERMIT SUCH ATTENDEE(S) TO ENTER THE LUXURY SUITE. THE FOREGOING RELEASES WILL SURVIVE THE EXPIRATION OR EARLY TERMINATION OF THIS AGREEMENT.
Appears in 1 contract
Samples: Luxury Suite License Agreement
RELEASE BY LICENSEE. Licensee agrees (on behalf of themselves and any Attendee(s)) that Licensor, the Club, the MLB Entities (as defined herein), their past, present and future corporate affiliates, successors, assigns, and each of their respective players, managers, coaches, employees, partners, members, directors, officers, owners, agents, representatives, independent contractors and volunteers (collectively, the “Released Entities”), will not be responsible for any personal illness, physical and/or mental injuries, medical complications (including death) disability or injury, property damage, or other loss, both foreseen and unforeseen, suffered by Licensee (or any Attendee(s)) as a result of (a) attendance in or at the Stadium (including, but not limited to, in or at the Luxury Suite Group Space and/or any common areas of the Stadium), (b) participation in, attendance at, and/or observation of any Postseason Game or any Attractions taking place in or at the Stadium and/or the Luxury SuiteGroup Space, and/or (c) the negligence of any of the Released Entities. Without limiting the generality of the foregoing, Licensee specifically acknowledges the extremely contagious nature of SARS-CoV-2 and voluntarily assumes the risk that Licensee (and/or any Attendee(s)) may be exposed to or infected by one or more Communicable Diseases while attending Postseason Games the Game or otherwise being present in or at (or interacting with staff, participants, and/or any other individuals present in or at) the Stadium, the Luxury Suite Group Space or any other facilities under the control of either of the Club and/or Licensor, and that such exposure or infection may involve the RISK OF SERIOUS PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, PERMANENT DISABILITY AND/OR DEATH, BOTH FORESEEN AND UNFORESEEN. Licensee understands that the risk of becoming exposed to or infected with any Communicable Diseases while attending Postseason Games the Game or otherwise being present in or at (or interacting with staff, participants and/or any other individuals present in or at) the Stadium, the Luxury Suite Group Space or any other facilities under the control of either of the Club and/or Licensor may result from the actions, omissions, or negligence of others and/or Licensee and/or any Attendee(s), including, but not limited to, the Released Entities. LICENSEE (ON BEHALF OF THEMSELVES AND ANY ATTENDEE(S)) HEREBY EXPRESSLY ASSUMES ALL SUCH RISKS AND DANGERS, WHETHER PRESENTLY KNOWN OR UNKNOWN, AND SPECIFICALLY RELEASES EACH OF THE RELEASED ENTITIES FROM ANY AND ALL COSTS, EXPENSES, DAMAGES, CAUSES OF ACTION, AND LIABILITIES OF ANY KIND ARISING OUT OF, ON ACCOUNT OF, OR RELATING TO ANY PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, DISABILITY OR RESULTING DEATH (INCLUDING BUT NOT LIMITED TO PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, DISABILITY OR RESULTING DEATH FROM THE CORONAVIRUS, COVID-19, OR ANY OTHER COMMUNICABLE DISEASES) BOTH FORESEEN AND UNFORESEEN OF LICENSEE (OR ANY ATTENDEE(S)) ARISING OUT OF OR RELATED TO ANY OF THE SERVICES DESCRIBED IN THIS AGREEMENT, PARTICIPATION IN, ATTENDANCE AT, AND/OR OBSERVATION OF, AS APPLICABLE, ANY POSTSEASON GAMES, ATTRACTIONS OR ATTENDING OR OTHERWISE BEING PRESENT IN OR AT (OR INTERACTING WITH STAFF, PARTICIPANTS, AND/OR ANY OTHER INDIVIDUALS PRESENT IN OR AT) THE LUXURY SUITE GROUP SPACE AND/OR THE STADIUM. Licensee further acknowledges and agrees that Licensee will not attend at the Stadium (including, but not limited to, the Luxury SuiteGroup Space) or use any Ticket, or knowingly allow any Attendee(s) to attend at the Stadium or use any Ticket, ifif the Licensee or any Attendee, within fourteen as applicable: (14i) days preceding is required and/or advised (whether pursuant to applicable law or guidance of public health authorities) to self-isolate, quarantine or otherwise refrain from attending at public gatherings, or (ii) is otherwise prohibited from attending the Postseason Game Stadium and/or using any Ticket pursuant to any of the Restrictions. Licensor reserves the right to add to and/or modify the foregoing restrictions. Licensor reserves the right to add to and/or modify the foregoing restrictions. Licensee (on behalf of themselves and any Attendee(s)) further releases the Released Entities from and against any and all claims which such Ticket relatesLicensee and/or any Attendee(s) 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 recordings or photographs of Licensee or any Attendee(s) (i) tested positive to the Game and/or Attraction appear. Licensee further acknowledges and agrees that the Restrictions and/or other matters that have or presumptively positive for COVID- 19 or will result from the Coronavirus, COVID-19, any other Communicable DiseaseDisease and the Pandemic (including, but not limited to, recommendations from public health authorities, guidance and requirements of the MLB Entities, and other relevant policies and guidelines) may reasonably necessitate that the Licensor modify and update policies, procedures, and/or operations. By way of illustration and not limitation, evolving public health guidelines (ii) has been identified such as social distancing recommendations), could reasonably necessitate that the Club and/or Licensor modify the maximum capacity of the Group Space, seating/standing distribution at/in the Stadium or the Group Space and/or entrance protocols at the Stadium for the Game. Licensee acknowledges and agrees that under no circumstances will Licensor be in beach of or default under this Agreement as a potential carrier result of COVID-19 implementing any of the aforementioned modifications or any other Communicable Disease,updates, whether or not such modifications or updates impact the Ticket(s) forming part of this Agreement or Licensor’s ability to deliver one or more of the items as specified under this Agreement. LICENSEE, BY ACCEPTING THIS AGREEMENT AND/OR BY ATTENDING THE GAME, EVENT OR ATTRACTION OR OTHERWISE ATTENDING IN OR AT (OR INTERACTING WITH STAFF, PARTICIPANTS, AND/OR ANY OTHER INDIVIDUALS PRESENT IN OR AT) THE STADIUM OR THE GROUP SPACE, IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED ENTITIES TO THE FULLEST EXTENT PERMITTED BY LAW. LICENSEE IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY ATTENDEE(S). IF LICENSEE DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY ATTENDEE(S), LICENSEE MUST NOT PERMIT SUCH ATTENDEE(S) TO ENTER THE GROUP SPACE. THE FOREGOING RELEASES WILL SURVIVE THE EXPIRATION OR EARLY TERMINATION OF THIS AGREEMENT.
Appears in 1 contract
Samples: Space License Agreement
RELEASE BY LICENSEE. Licensee agrees (on behalf of themselves and any Attendee(s)) that the Licensor, the Club, the MLB Entities (as defined herein), their past, present and future corporate affiliates, successors, assigns, and each of their respective players, managers, coaches, employees, partners, membersmembers , directors, officers, owners, agents, representatives, independent contractors and volunteers (collectively, the “Released Entities”), will not be responsible for any personal illness, physical and/or mental injuries, medical complications (including death) disability or injury, property damage, or other loss, both foreseen and unforeseen, suffered by Licensee (or any Attendee(s)) as a result of (a) attendance in or at the Stadium (including, but not limited to, in or at the Luxury Suite and/or any common areas of the Stadium), (b) participation in, attendance at, and/or observation of any Postseason Game or any Attractions taking place in or at the Stadium and/or the Luxury Suite, and/or (c) the negligence of any of the Released Entities. Without limiting the generality of the foregoing, Licensee specifically acknowledges the extremely contagious nature of SARS-CoV-2 and voluntarily assumes the risk that Licensee (and/or any Attendee(s)) may be exposed to or infected by one or more Communicable Diseases while attending Postseason Games or otherwise being present in or at (or interacting with staff, participants, and/or any other individuals present in or at) the Stadium, the Luxury Suite or any other facilities under the control of either of the Club and/or Licensor, and that such exposure or infection may involve the RISK OF SERIOUS PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, PERMANENT DISABILITY AND/OR DEATH, BOTH FORESEEN AND UNFORESEEN. Licensee understands that the risk of becoming exposed to or infected with any Communicable Diseases while attending Postseason Games or otherwise being present in or at (or interacting with staff, participants and/or any other individuals present in or at) the Stadium, the Luxury Suite or any other facilities under the control of either of the Club and/or Licensor may result from the actions, omissions, or negligence of others and/or Licensee and/or any Attendee(s), including, but not limited to, the Released Entities. LICENSEE (ON BEHALF OF THEMSELVES AND ANY ATTENDEE(S)) HEREBY EXPRESSLY ASSUMES ALL SUCH RISKS AND DANGERS, WHETHER PRESENTLY KNOWN OR UNKNOWN, AND SPECIFICALLY RELEASES EACH OF THE RELEASED ENTITIES FROM ANY AND ALL COSTS, EXPENSES, DAMAGES, CAUSES OF ACTION, AND LIABILITIES OF ANY KIND ARISING OUT OF, ON ACCOUNT OF, OR RELATING TO ANY PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, DISABILITY OR RESULTING DEATH (INCLUDING BUT NOT LIMITED TO PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, DISABILITY OR RESULTING DEATH FROM THE CORONAVIRUS, COVID-19, OR ANY OTHER COMMUNICABLE DISEASES) BOTH FORESEEN AND UNFORESEEN OF LICENSEE (OR ANY ATTENDEE(S)) ARISING OUT OF OR RELATED TO ANY OF THE SERVICES DESCRIBED IN THIS AGREEMENT, PARTICIPATION IN, ATTENDANCE AT, AND/OR OBSERVATION OF, AS APPLICABLE, ANY POSTSEASON GAMES, ATTRACTIONS OR ATTENDING OR OTHERWISE BEING PRESENT IN OR AT (OR INTERACTING WITH STAFF, PARTICIPANTS, AND/OR ANY OTHER INDIVIDUALS PRESENT IN OR AT) THE LUXURY SUITE AND/OR THE STADIUM. Licensee further acknowledges and agrees that Licensee will not attend at the Stadium (including, but not limited to, the Luxury Suite) or use any Ticket, or knowingly allow any Attendee(s) to attend at the Stadium or use any Ticket, if, within fourteen (14) days preceding the Postseason Game to which such Ticket relates, Licensee or any Attendee(s) (i) tested positive or presumptively positive for COVID- 19 the Coronavirus, COVID-19 or any other Communicable Disease or has been identified as a potential carrier of the Coronavirus, COVID-19 or any other Communicable Disease, (ii) has been identified as a potential carrier of experienced any symptoms commonly associated with the Coronavirus, COVID-19 or any other Communicable Disease,, (iii) have been in direct contact with or in the immediate vicinity of any person who is confirmed or suspected of being infected with the Coronavirus, COVID-19 or any other Communicable Disease, or (iv) is required and/or advised (whether pursuant to applicable law or guidance of public health authorities) to self-isolate, quarantine or otherwise refrain from attending at public gathering places. Licensee (on behalf of themselves and any Attendee(s)) further releases the Released Entities from and against any and all claims which Licensee and/or any Attendee(s) 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 recordings or photographs of Licensee or any Attendee(s) to a Game and/or Attraction appear. Licensee further acknowledges and agrees that the Restrictions and/or other matters that have or will result from the Coronavirus, COVID-19, any other Communicable Disease and the Pandemic (including, but not limited to, recommendations from public health authorities, guidance and requirements of the MLB Entities, and other relevant policies and guidelines) may reasonably necessitate that the Club and/or Licensor modify and update policies, procedures, and/or operations. By way of illustration and not limitation, evolving public health guidelines (such as social distancing recommendations), could reasonably necessitate that the Club and/or Licensor modify the maximum capacity of the Luxury Suite and/or seating or standing distribution at / in the Stadium or the Luxury Suite. Licensee acknowledges and agrees that under no circumstances will Licensor be in beach of or default under this Agreement as a result of implementing any of the aforementioned modifications or updates, whether or not such modifications or updates impact the Ticket(s) forming part of this Agreement or Licensor’s ability to deliver one or more of the items as specified under this Agreement. LICENSEE, BY ACCEPTING THIS AGREEMENT AND/OR BY ATTENDING A GAME OR ATTRACTION OR OTHERWISE ATTENDING IN OR AT (OR INTERACTING WITH STAFF, PARTICIPANTS, AND/OR ANY OTHER INDIVIDUALS PRESENT IN OR AT) THE STADIUM OR THE LUXURY SUITE, IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED ENTITIES TO THE FULLEST EXTENT PERMITTED BY LAW. LICENSEE IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY ATTENDEE(S). IF LICENSEE DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY ATTENDEE(S), LICENSEE MUST NOT PERMIT SUCH ATTENDEE(S) TO ENTER THE LUXURY SUITE. THE FOREGOING RELEASES WILL SURVIVE THE EXPIRATION OR EARLY TERMINATION OF THIS AGREEMENT.
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RELEASE BY LICENSEE. Licensee agrees (on behalf of themselves and any Attendee(s)) that Licensor, the Club, the MLB Entities (as defined herein), their past, present and future corporate affiliates, successors, assigns, and each of their respective players, managers, coaches, employees, partners, members, directors, officers, owners, agents, representatives, independent contractors and volunteers (collectively, the “Released Entities”), will not be responsible for any personal illness, physical and/or mental injuries, medical complications (including death) disability or injury, property damage, or other loss, both foreseen and unforeseen, suffered by Licensee (or any Attendee(s)) as a result of (a) attendance in or at the Stadium (including, but not limited to, in or at the Luxury Suite Group Space and/or any common areas of the Stadium), (b) participation in, attendance at, and/or observation of any Postseason Game or any Attractions taking place in or at the Stadium and/or the Luxury SuiteGroup Space, and/or (c) the negligence of any of the Released Entities. Without limiting the generality of the foregoing, Licensee specifically acknowledges the extremely contagious nature of SARS-CoV-2 Communicable Diseases and voluntarily assumes the risk that Licensee (and/or any Attendee(s)) may be exposed to or infected by one or more Communicable Diseases while attending Postseason Games the Game or otherwise being present in or at (or interacting with staff, participants, and/or any other individuals present in or at) the Stadium, the Luxury Suite Group Space or any other facilities under the control of either of the Club and/or Licensor, and that such exposure or infection may involve the RISK OF SERIOUS PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, PERMANENT DISABILITY AND/OR DEATH, BOTH FORESEEN AND UNFORESEEN. Licensee understands that the risk of becoming exposed to or infected with any Communicable Diseases while attending Postseason Games the Game or otherwise being present in or at (or interacting with staff, participants and/or any other individuals present in or at) the Stadium, the Luxury Suite Group Space or any other facilities under the control of either of the Club and/or Licensor may result from the actions, omissions, or negligence of others and/or Licensee and/or any Attendee(s), including, but not limited to, the Released Entities. LICENSEE (ON BEHALF OF THEMSELVES AND ANY ATTENDEE(S)) HEREBY EXPRESSLY ASSUMES ALL SUCH RISKS AND DANGERS, WHETHER PRESENTLY KNOWN OR UNKNOWN, AND SPECIFICALLY RELEASES EACH OF THE RELEASED ENTITIES FROM ANY AND ALL COSTS, EXPENSES, DAMAGES, CAUSES OF ACTION, AND LIABILITIES OF ANY KIND ARISING OUT OF, ON ACCOUNT OF, OR RELATING TO ANY PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, DISABILITY OR RESULTING DEATH (INCLUDING BUT NOT LIMITED TO PHYSICAL AND/OR MENTAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, DISABILITY OR RESULTING DEATH FROM THE CORONAVIRUS, COVID-19, OR ANY OTHER COMMUNICABLE DISEASESDISEASE) BOTH FORESEEN AND UNFORESEEN OF LICENSEE (OR ANY ATTENDEE(S)) ARISING OUT OF OR RELATED TO ANY OF THE SERVICES DESCRIBED IN THIS AGREEMENT, PARTICIPATION IN, ATTENDANCE AT, AND/OR OBSERVATION OF, AS APPLICABLE, ANY POSTSEASON GAMES, ATTRACTIONS OR ATTENDING OR OTHERWISE BEING PRESENT IN OR AT (OR INTERACTING WITH STAFF, PARTICIPANTS, AND/OR ANY OTHER INDIVIDUALS PRESENT IN OR AT) THE LUXURY SUITE GROUP SPACE AND/OR THE STADIUM. Licensee further acknowledges and agrees that Licensee will not attend at the Stadium (including, but not limited to, the Luxury SuiteGroup Space) or use any Ticket, or knowingly allow any Attendee(s) to attend at the Stadium or use any Ticket, ifif the Licensee or any Attendee: (i) is required and/or advised (whether pursuant to applicable law or guidance of public health authorities) to self-isolate, within fourteen quarantine or otherwise refrain from attending at public gatherings, or (14ii) days preceding is otherwise prohibited from attending the Postseason Game Stadium and/or using any Ticket pursuant to any existing or future requirements, restrictions, and/or limitations required by applicable law, the Club, the Licensor, or the MLB Entities; any of the Club’s, Licensor’s, or the MLB Entities’ processes, procedures or operations; and/or any other applicable legal requirements (collectively, the “Restrictions”). The Licensor reserves the right to add to and/or modify the Restrictions. The Licensee further acknowledges and agrees that the Restrictions (including, but not limited to, any matters that have or will result from any Communicable Disease, recommendations from public health authorities, guidance and requirements of the MLB Entities, and other relevant policies and guidelines) may reasonably necessitate that the Club and/or the Licensor modify and update policies, procedures, and/or operations. By way of illustration and not limitation, public health guidelines (such as social distancing recommendations), could reasonably necessitate that the Club and/or Licensor modify seating/standing distribution at / in the Stadium or the Group Space for Games. The Licensee acknowledges and agrees that under no circumstances will the Licensor be in beach of or default under this Agreement as a result of implementing any of the aforementioned modifications or updates, whether or not such modifications or updates impact the Ticket(s) forming part of this Agreement or Licensor’s ability to deliver one or more of the items as specified under this Agreement. Licensee (on behalf of themselves and any Attendee(s)) further releases the Released Entities from and against any and all claims which such Ticket relatesLicensee and/or any Attendee(s) 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 recordings or photographs of Licensee or any Attendee(s) to the Game and/or Attraction appear. LICENSEE, BY ACCEPTING THIS AGREEMENT AND/OR BY ATTENDING A GAME, EVENT OR ATTRACTION OR OTHERWISE ATTENDING IN OR AT (iOR INTERACTING WITH STAFF, PARTICIPANTS, AND/OR ANY OTHER INDIVIDUALS PRESENT IN OR AT) tested positive or presumptively positive for COVID- 19 or any other Communicable DiseaseTHE STADIUM OR THE GROUP SPACE, (iiIS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED ENTITIES TO THE FULLEST EXTENT PERMITTED BY LAW. LICENSEE IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY ATTENDEE(S). IF LICENSEE DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY ATTENDEE(S), LICENSEE MUST NOT PERMIT SUCH ATTENDEE(S) has been identified as a potential carrier of COVID-19 or any other Communicable Disease,TO ENTER THE GROUP SPACE. THE FOREGOING RELEASES WILL SURVIVE THE EXPIRATION OR EARLY TERMINATION OF THIS AGREEMENT.
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Samples: Space License Agreement
