In consideration of ________________________ (the “Participant”) being permitted to participate in Play Above Average and its related programs and activities (collectively, “the Program”), offered by or through the Kansas City MLB Urban Youth Academy, Inc a Missouri nonprofit corporation and Play Above Average LLC, the Participant and the Participant's parent(s) or natural guardian(s) (collectively, the "Releasing Parties") hereby voluntarily agree (on behalf of themselves and their respective personal representatives, executors, administrators, heirs, successors and assigns) to the following: RELEASE FROM LIABILITY AND COVENANT NOT TO SUE: The Releasing Parties hereby acknowledge, agree and represent that they have carefully considered participation in the Program and have or will inspect and carefully consider any premises, facilities or equipment to be used in connection with the Program prior to the use thereof by the Participant. It is further warranted that such participation and the use of such premises, facilities or equipment constitutes acknowledgement that the Program and the premises, facilities and equipment to be used in connection therewith have been inspected and carefully considered and that the Releasing Parties find and accept them as being safe and reasonably suited for the purpose of such participation or use by the Participant. The Releasing Parties agree to release and forever discharge the Program, each organizer, promoter and sponsor of the Program, the Kansas City MLB Urban Youth Academy, Play Above Average LLC, Success Achieved in Future Environments, Wyandotte County, Kansas, Jackson County, MO, the Major League Urban Youth Foundation, the member clubs of Major League Baseball, the Office of the Commissioner of Baseball, Major League Baseball Properties, Inc., Major League Baseball Enterprises, Inc., MLB Advanced Media, LP, MLB Advanced Media, Inc., Major League Baseball Charity, Inc., each person or entity responsible for transporting the Participant to or from Program activities (including bus lines, airlines and other methods of travel), and all of the respective past, present and future owners (direct and indirect), officers, directors, employees, and agents each of the foregoing and each of their successors and assigns (collectively, the “Releasees”), from, and waive in respect of each Releasee and covenant not to sue any Releasee for, any liabilities, losses, damages, costs, expenses (including attorneys' fees and expenses), actions, causes of actions, suits, obligations, judgments of any nature whatsoever (collectively, the “Liabilities”) arising from, based upon or relating to personal injury or death to, or damage to or loss of property of, the Releasing Parties sustained in connection with the Participant’s participation in the Program. This release, discharge, waiver and covenant not to sue includes, but is not limited to, any and all such Liabilities caused in whole or in part by the negligence of any Releasee in connection with the Releasee’s involvement with the Program (for example, in connection with a Releasee’s training or personnel). PARTICIPANT ASSUMES RISK: Each of the Releasing Parties is aware of and understands the inherent risk and dangers of baseball and softball and the potential for injury that exists when participating in this activity, and agrees to assume all risk of and responsibility for personal injury or death to, or damage to or loss of property, the Participant arising from, based upon or relating to the Participant’s participation in the Program. Such assumptions of risk include, but are not limited to, any personal injury or death, or damage to loss of property, arising from, based upon or relating to the lack of skill of any other participant, the improper conduct of any other participants and acts or omissions of any referee, coach, chaperone, or supervisor, and any personal injury or death, or damage to or loss of property, caused in whole or in part by the negligence of any Releasee. In the event of an injury to the Participant, none of the Releasees will be responsible for any decision relating to medical treatment for the Participant or for such treatment itself. RIGHT OF PUBLICITY: Participation in the Program will constitute permission to use the name, likeness or any other identification for commercial or promotional advertising, publicity, instructional or any other purposes in connection with the Program or the business of any of the Releasees, in any medium, at any time and from time to time, without compensation to or right or prior review or approval by the Releasing Parties. Each of the Releasing Parties agrees to release and discharge each Releasee from, to waive in respect of each Releasee, and not to sue any Releasee for, any and all liabilities arising from, based upon or relating to any claim for invasion of privacy, violation of right of publicity, defamation or appropriation, or any similar claim, in connection with any such use. MISCELLANEOUS: This agreement is intended to be as broad and inclusive as is permitted by applicable law and if any portion thereof is held invalid, the balance will continue in full legal force and effect. This agreement is governed by and is to be construed in accordance with the laws of the State of Kansas and Missouri, without regard to conflict of laws principles. The state and federal courts located in Wyandotte County, Kansas and Jackson County, MO will be the sole jurisdiction for all disputes. REPRESENTATIONS: Each of the Releasing Parties states that the Releasing Party has had full opportunity to ask questions regarding the Program, that the Releasing Party has read and understands this release, discharge, waiver and covenant not to sue and that the Releasing Party has been given the opportunity to review this release, discharge, waiver and covenant not to sue with anyone of their choice, including a lawyer, and has done so to the extent the Releasing Party desires to do so. Each Releasing Party further states that the Participant has been examined by a doctor within the past six months and is in good physical condition, is physically fit to participate in the Program and is not subject to any medical condition that poses risk of harm or disability to the Participant or others. THE UNDERSIGNED ACKNOWLEDGES THAT HE OR SHE HAS READ THIS RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, AND FULLY UNDERSTANDS ITS TERMS. THE UNDERSIGNED IS AWARE THAT BY SIGNING THIS RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, THE UNDERSIGNED IS WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. THE UNDERSIGNED VOLUNTARILY SIGNS THIS RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, AND FURTHER AGREES THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. THE UNDERSIGNED ACKNOWLEDGES THAT IN THE EVENT OF THE UNDERSIGNED’S DEATH OR INCAPACITY, THIS RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT WILL BE EFFECTIVE AND BINDING UPON THE UNDERSIGNED’S HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES.