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Consent, Assignment and Release

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Consent, Assignment and Release CONSENT AND RELEASE In exchange for the possibility of the use of my original banner, artwork, drawing, photograph, written material and/or other content (collectively, the “Submission”), or any portion thereof, in a Major League Baseball audio, visual, and/or multi-media production(s) and attendant publicity, the receipt of which opportunities shall be sufficient consideration for this Consent and Release, I do hereby: (1) represent that (a) I am of legal age of majority in the jurisdiction in which I reside and at least eighteen (18) years of age; (b) my Submission is an original work of authorship and I own all right, title, and interest in the Submission as of the date of submission, or that I have authorization from all Submission copyright owners to submit the Submission in accordance with the terms hereof; and (c) I have secured all necessary releases, licenses, permits, and other authorizations, including but not limited to synchronization or performance licenses, to use any name, likeness, music, footage, artwork, trademark, or other property appearing in the Submission and to submit the Submission in accordance with the terms hereof; (2) grant to The Baseball Club of Seattle, LLLP, d/b/a the Seattle Mariners (the “Club”) and the other MLB Entities (as defined below) the perpetual and unlimited right and license to use, edit, modify, duplicate, display and/or create derivative works from my Submission throughout the universe and via any media now known or hereafter developed, without further notice and without payment of any compensation to me or my heirs and successors, including but not limited to use in connection with advertising, promotional, and merchandising purposes; (3) consent to the collection of my personal information (the “Information”), including without limitation name, email address, words, biographical information, and personal attributes, by the Club, MLB Advanced Media, L.P. (“MLB”), and/or their designees in connection with the Submission; (4) acknowledge and agree that, with respect to the Information, (a) the MLB Entities shall have the right (subject to applicable law) to incorporate certain of the Information into the Submission and use such Information as incorporated therein and (b) the Information is otherwise subject to, and will be treated in accordance with, MLB’s Privacy Policy, accessible at mlb.com/privacy; (5) acknowledge that I shall have no right of approval of any use of the Submission and Information as permitted hereunder and agree that I shall use any copy of the Submission that I retain solely for my personal, non-commercial use; and (6) release and hold harmless in perpetuity MLB, the Club and the other Major League Baseball Clubs (“Clubs”), the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, Major League Baseball Properties, Inc., The MLB Network, LLC, each of their parent, subsidiary, affiliated, and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, the owners, general and limited partners, shareholders, directors, officers, employees, and agents of the foregoing entities (collectively, the “MLB Entities”) and such entities’ licensees, sponsors, advertisers, and broadcast partners from any claims, demands, losses, liabilities, damages, injuries, costs, expenses, and cause of action of any kind arising out of or in any way connected with the Submission, the Information, and use thereof as permitted hereunder, including but not limited to claims of copyright infringement, false endorsement, or infringement of rights of publicity or privacy. Nothing herein will obligate the MLB Entities to make any use of any of the rights set forth herein. This Consent and Release shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflicts of law principles. Any dispute, claim, or cause of action arising out of this Consent and Release shall be settled by mandatory, confidential, final, and binding arbitration in Seattle, Washington and administered by JAMS in accordance with its then-current commercial arbitration rules. Neither I nor the MLB Entities shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate as a representative member of a putative class or in a private attorney general capacity. The arbitrator shall have the power to award any remedies available under applicable law; provided, however, that the arbitrator shall have no authority to award punitive or other monetary damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. I have fully read and fully understand the above, and my signature below constitutes my acceptance of and agreement with this Consent and Release. NAME: __________________________________ SIGNATURE: ____________________________ DATE: _______________________ .
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