PARTICIPANT RELEASE, INDEMNITY AND LICENCE AGREEMENT (the “Agreement”)
JAYS CARE FOUNDATION – JAYS CARE COMMUNITY CLUBHOUSE VOLUNTEER
ROGERS CENTRE (1 BLUE JAYS WAY, TORONTO, ON M5V 1J1)
April 11th, 2023 - October 1st, 2023
In consideration of Jays Care Foundation, Rogers Blue Jays Baseball Partnership (the “Blue Jays”), Rogers Stadium Limited Partnership ("Rogers Centre")and Rogers Communication Inc. (Rogers) allowing me to volunteer at and/or participate in an on-field baseball game, baseball-related and other physical activities, and any other related events and/or activities taking place at Rogers Centre (the “Stadium”) for the course of the 2023 Toronto Blue Jays season from April 11th to October 1st 2023 as specified by Jays Care Foundation, or otherwise in the event of postponement or cancellation (collectively, the “Event”), I hereby acknowledge, appreciate and agree that:
There are risks associated with attending at the Stadium attending the Event and/or participating in the Event, including, without limitation, the risk of death or serious injury to myself and others and/or loss of or damage to the property of myself and others. I am in proper physical condition to participate in the Event, including but not limited assisting guests, serving food and leading games, activities and giveaways in the Jays Care Community Clubhouse. If I am or become aware of any injury, illness, or condition that could be worsened, aggravated and/or exacerbated by my participation in any particular activity/ies, I will refrain from participating in such activity/ies at the Event;
I, my heirs, administrators, executors and assigns (collectively, the “Releasors”) hereby release and forever discharge Jays Care Foundation, Blue Jays, Rogers their respective affiliates, successors, assigns, officers, directors, shareholders, employees, and representatives, other participants, sponsors, and advertisers (collectively, the “Releasees”), with respect to any and all injury, disability, death, or loss of or damage arson or property occurring at the Event or within the Club or in any way related to the Event or to the Releasees, whether caused by the negligence of any of the releases or otherwise;
The Releasors will not make any claim or take any actions or proceedings of any type in respect of any matter referred to in this Agreement against any of the Releasees or against any other person, corporation, firm or government authority who or which might claim contribution, indemnity or relief from or over the Releasees. The Releasors will not assign any claim or proceedings of any type in respect of any matter referred to in this Agreement. If, despite this Agreement, I or anyone else on my behalf, makes a claim or takes any actions or proceedings of any type against any of the Releasees or against any other person, corporation, firm or government authority who or which might claim contribution, indemnity or relief from or over the Releasees, I will fully indemnify and save harmless each of the Releasees in respect of any losses, damages, liabilities and costs (including legal fees) incurred in respect of such claims, actions and/or proceedings; and.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any suit, action or proceeding arising out of or relating to this Agreement shall be brought in any court in the Province of Ontario having jurisdiction over the subject matter hereof, and each of the Releasors irrevocably and unconditionally attorns and submits to the exclusive jurisdiction of such court. Each of the Releasors irrevocably waives and agrees not to raise any objection either might now or hereafter have to the bringing of any such suit, action or proceeding in any such court, including any objection that the place where such court is located is an inconvenient forum or that there is any other suit, action or proceeding in any other place relating in whole or in part to the same subject matter.
For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, I hereby irrevocably grant Jays Care Foundation, Blue Jays, Rogers, their affiliates, and their respective agents, employees, assignees and licensees (the “Authorized Parties”) the right, license and permission to record, photograph and/or otherwise document my attendance at and/or participation in the Event (as well as my attendance at and/or participation in any in any matters ancillary thereto, on the date of the Event) by any available means and I acknowledge and agree that I hold no rights in or to any such recordings, photographs or documentation (the “Footage”). I acknowledge and agree that Jays Care Foundation and the Blue Jays will be the first and exclusive owner of the copyright in any and all Footage and I hereby waive any and all claims to any right, title or interest therein or thereto. I further hereby irrevocably authorize the Authorized Parties to reproduce, display, publish, broadcast, distribute, transmit, exhibit, alter without restriction and otherwise use my name, voice, image, testimonial, likeness and any and all Footage (collectively, the “Materials”) throughout the world and in perpetuity, in all manner and media, whether now known or hereafter devised, including, without limitation, all forms of print and digital media, for advertising, trade, commerce and any other lawful purposes. I hereby waive all rights of inspection or approval regarding any use of the Materials. I hereby release and discharge the Authorized Parties from any and all claims and demands arising out of or in connection with the use of the Materials, including, without limitation, any and all claims for invasion of privacy, right of publicity or defamation. I warrant and represent that I have the authority to grant the foregoing rights and shall fully indemnify and hold harmless the Authorized Parties in relation thereto.
I hereby declare that I have carefully read all of the foregoing; that I fully understand its contents; that I have given this release, indemnity and license of my own free will; and, that this release, indemnity and license binds the Releasors.