Events Calendar
5.21.23 Orbit's Party (10am - 1pm)
Minute Maid Park, Crawford Street, Houston, TX, USA
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Hugo Mojica
6 registered, 6 needed
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No. of volunteers needed
: 6
Date: May 21, 2023
Time
: 10:00 am – 1:00 pm
Location
: Minute Maid Park’s Union Cafe, 501 Crawford St., Houston, TX 77002
Duties
: Assisting with Orbits Birthday Party Activities
Dress code
: Foundation t-shirt, along with long-pants/comfortable closed-toe shoe
Parking info
: paid parking available around the ballpark
Entrance
: (if any) Part-time Employee Entrance
Point of Contact
: Carolyn Scherpe -
cscherpe@astros.com
Special notes
: (if any) After check-in, please go to the Union Station to assist with setup.
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I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT AND INTEND TO BE BOUND BY IT.
NAME & LIKENESS RELEASE - RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT
NOTICE: This NAME & LIKENESS RELEASE, RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT (“Release”) has legal consequences. READ IT CAREFULLY BEFORE SIGNING.
In consideration of me/my child being permitted to participate in the Astros Foundation Volunteer Activities (the “Event”), to be held at various locations around Houston, Texas, I hereby freely agree to make the following contractual representations and agreements.
A.
GENERAL ASSUMPTION OF RISK AND RELEASE OF LIABILITY
I acknowledge and understand that my participation in the Event is voluntary. I fully realize the dangers of participating in the Event and fully assume the risks associated with such participation including, by way of example and not limitation, the possibility of serious and permanently disabling or fatal physical and/or mental trauma or injury or exposure to COVID-19 or any other communicable disease. I hereby represent that I have adequate medical insurance covering the possible injuries that may occur as a result of my participation in the Event. I further represent that I do not have any physical condition or illness that would be aggravated by participation in the Event or that would make participation in the Event medically inadvisable.
For myself, my heirs, executors, administrators, personal or legal representatives, assigns and successors in interest (hereinafter collectively “successors”), I hereby waive, release and discharge any and all rights and claims which I have or which may hereafter accrue to me against the sponsors of this Event, the Astros Foundation, Houston Astros LLC, Arthur J. Gallagher & Co., and each of its and their parents, subsidiaries, affiliated entities, directors, officers, members, managers, agents, representatives and employees, and its and their sponsors, promoting organization(s), media partners, and their respective agents, officials and employees (hereinafter collectively the “Released Parties”) through or which the Event will be held, for any and all injuries or damages which may be sustained by me directly or indirectly in connection with, or arising out of, my participation in or association with the Event. Accordingly, I hereby and forever, irrevocably and unconditionally release and discharge the Club, and each of its present and past subsidiaries, parent and related corporations, companies and/or divisions, and their past and present directors, officers, trustees, employees, insurers and agents, and their predecessors, successors, and assigns, from any and all claims, complaints, or causes of action relating to or arising from the Images or any past, present, or future use thereof. This release specifically includes all claims in tort or contract, and all claims seeking compensatory or punitive damages, consequential, incidental, or direct damages, attorney’s fees, costs, injunctive relief, or any other relief whatsoever.
I hereby acknowledge, hereby irrevocably consent to, and grant to Houston Astros, LLC and Astros Foundation (together “Club) and its and their affiliates, assignees, transferees and/or licensees, the unrestricted, perpetual, worldwide, royalty-free, full paid-up and transferable right and license to use and exploit, and grant others the right to use and exploit, my name, art work, photograph, picture, voice, voice recorded image, appearance or other likeness of me depicted in connection with the Tournament (hereinafter, the “Images”) for any lawful purpose without further compensation, including but not limited to commercial purposes, advertising, marketing, and promotional materials, and in any manner, form, format or media now known or later developed or created in the future, including without limitation, television, cable, radio or over the internet, phone based services, and other digital based services, all without inspection or further consent or approval by the undersigned of the finished product or of the use to which it may be applied. I hereby grant to the Club, its affiliates, assignees, transferees and/or licensees, the right to copyright and otherwise secure proprietary rights without limitation or reservation. I acknowledge that the Club its affiliates, assignees, transferees and/or licensees, is and will be the sole and exclusive owner of all rights in and to the Images, including my appearance thereon and all recordings thereof and all ideas, comments, contributions, and suggestions offered by me in connection therewith. Additionally, I hereby waive any and all moral rights in such images (to the extent any moral rights exist in such Images), any claim that I may have based on rights of publicity, privacy, or any other rights that may arise based on the use of my Images. I hereby waive any right I may have to inspect and approve such Images or any use thereof by the Club or its affiliates, assignees, or licensees. I consent to the release of my name, both verbally and in print, when used in conjunction with the above represented Images. Accordingly, I hereby and forever, irrevocably and unconditionally release and discharge the Released Parties from any and all Claims relating to or arising from the Images or any past, present, or future use thereof.
I agree that the above representations are contractually binding and are not mere recitals. Should any claim be asserted in contravention of this agreement, I for myself my successors agree to indemnify and hold harmless the Released Parties from, and to reimburse the Released Parties for any and all expenses (including legal fees) incurred in defending such claim or damage, judgment or settlement whether resulting in whole or in part from simple or gross negligence of a Released Party, provided that this indemnity shall not apply to a Released Party which is finally adjudged liable on such claim for willful and wanton misconduct of sole negligence. This agreement may not be modified orally, and a waiver of any provision shall not be construed as a modification or waiver of any other provision herein or as consent to any subsequent waiver or modification.
B.
COMMUNICABLE DISEASE ASSUMPTION OF RISK AND RELEASE OF LIABILITY
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 Event and/or my/my child’s presence at the Facility. By participating in the Event 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 Event 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 Event 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 Event or be present at the Facility if, within ten (10) days preceding the Event, 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 Event 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 EVENT AND/OR BEING PRESENT AT THE FACILITY DURING A COMMUNICABLE DISEASE PANDEMIC.
The following paragraph pertains to California residents only: 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.”
This agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas, United States of America, without reference to its conflicts of laws principles. In the event of litigation arising under or relating to the Event or this Release explicitly consents to the jurisdiction of the federal or state courts of Harris County, Texas. If any of the provisions of this Release are determined to be invalid or unenforceable for any reason, I agree that the remaining provisions of this release shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by law.
If any of the provisions of this Agreement are determined to be illegal, invalid, unconscionable or unenforceable for any reason, I agree that the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by law.
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