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AGREEMENT & RELEASE FROM LIABILITY

AND PUBLICITY RELEASE


Class/Activity at China Basin Park


1.                  I acknowledge that I am (as applicable, my child is) voluntarily participating in a fitness class (the “Activity”) with China Basin Ballpark Company LLC (“Giants”) at China Basin Park (“Venue”) on September 3, 2025.

               

2.            I AM AWARE THAT I AM (AS APPLICABLE, MY CHILD IS) PARTICIPATING IN AN ACTIVITY THAT COULD POTENTIALLY BE HAZARDOUS AND INVOLVES INHERENT RISKS INJURY AND/OR DEATH AND (e.g. STRENUOUS MOVEMENTS, STRAINS, SPRAINS, FRACTURES, INJURIES INVOLVING OTHER PARTICIPANTS ) OR CAUSE PROPERTY DAMAGE. I UNDERSTAND THAT THERE IS NO GUARANTEE THAT THE VENUE IS FREE OF DEFECTS. I UNDERSTAND THAT IN ADDITION TO THE ABOVE-MENTIONED RISKS, THERE ARE UNPREDICTABLE DANGERS IN THE ACTIVITY. I AM (AS APPLICABLE, MY CHILD IS) VOLUNTARILY PARTICIPATING IN THIS ACTIVITY WITH KNOWLEDGE OF THE POSSIBLE DANGERS INVOLVED TO ME (OR MY CHILD) AND HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY TO ME (OR MY CHILD) AND RISKS OF PROPERTY DAMAGE AND I AGREE TO ASSUME MY OWN MEDICAL EXPENSES (AND THOSE OF MY CHILD) OF EVERY KIND IN THE EVENT OF INJURY. I REPRESENT THAT I AM AND/OR MY CHILD IS PHYSICALLY FIT TO PARTICIPATE IN THE ACTIVITY. I AM NOT AWARE OF ANY MEDICAL CONDITION THAT SHOULD PREVENT ME OR MY CHILD FROM PARTICIPATING OR WOULD RESULT IN INCREASED HEALTH RISK RELATING TO MY OR MY CHILD’S PARTICIPATION, AND THAT I AND/OR MY CHILD HAVE BEEN CLEARED BY A PHYSICIAN TO PARTICIPATE IN THE ACTIVITY. I UNDERSTAND AND AGREE THAT I MUST NOT PARTICIPATE IN THE ACTIVITY IF I AM UNDER THE INFLUENCE OF ALCOHOL AND DRUGS.

               3.            In consideration for being permitted by the Giants to participate in the Activity and to use its facilities, I hereby agree for myself/my child that I, my assignees, heirs, distributees, guardians, and legal representatives (and those of my child) will not make a claim against, sue, or attach the property of the Giants, San Francisco Baseball Associates LLC, Tishman Speyer Properties, L.P., Mission Rock Partners LLC, or any of its or their members, parents, affiliates, subsidiaries, representatives, employees or contractors or any of the partners, members, representatives, employees or contractors of any such affiliate (all of the foregoing hereinafter referred to as the “Released Parties”) for any injury or damage resulting from the negligence or other acts, howsoever caused, by the Released Parties as a result of my or my child’s participation in the Activity. I, on behalf of myself/my child, hereby release each of the Released Parties from all actions, claims, or demands that I/my child, my/my child’s assignees, heirs, distributees, guardians, and legal representatives now have or may hereafter have for injury or damage resulting from my/my child’s participation in the Activity. I further agree to indemnify, defend, and hold harmless the Released Parties from any loss liability, cost, claim and/or damages arising from my and/or my child's participation in the Activity, including, but not limited to, reasonable attorney’s fees.

4.            COMMUNICABLE DISEASE ASSUMPTION OF RISK AND RELEASE OF LIABILITY. Without limitation to any other section herein, 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 Activity and/or my/my child’s presence at the Venue. By participating in the Activity and/or being present at the Venue, 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 Released Parties staff, participants and any other individuals present at the Venue 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 and/or being present at the Venue 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 or be present at the Venue if, within fourteen (14) days preceding the 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 traveled 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 and/or presence at the Venue. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I HEREBY WAIVE, RELEASE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE RELEASED PARTIES FOR, AND 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 AND/OR BEING PRESENT AT THE FACILITY DURING A COMMUNICABLE DISEASE PANDEMIC.

5.            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.”

6.            I authorize the Released Parties to photograph, videotape or use any other mechanical means of recording or reproducing images and to use my/my child’s likeness. I also acknowledge and hereby grant to Released Parties the worldwide and perpetual right and authority to use, reproduce, distribute, broadcast or otherwise transmit, publish and display in whole or in part, my/my child’s name, photograph, or any other likeness and/or biographical information I/my child may provide, and any statement I/my child have made or may make concerning Released Parties in any and all media now known or hereafter invented, in perpetuity, for the purpose of trade, promotion and/or otherwise without notification, compensation or additional consideration, except where prohibited by law.


I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND THE GIANTS (ON BEHALF OF THE RELEASED PARTIES), AND SIGN IT ON MY OWN FREE WILL.

Executed at San Francisco, California, on: September 3, 2025

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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