RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT

NOTICE: This RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT (“Agreement”) has legal consequences. READ IT CAREFULLY BEFORE SIGNING.

In consideration of me (and any accompanying minors) being permitted to participate in the TOUR DEPARTMENT ACTIVITIES to be held July 14, 2023 (the “Event”) in and around Minute Maid Park (the “Facility”), I hereby freely agree to make the following contractual representations and agreements.

A. GENERAL ASSUMPTION OF RISK AND RELEASE OF LIABILITY

I fully realize the inherent risks and dangers of participating in the Event and fully and voluntarily assume such risks and dangers, including, by way of example and not limitation: the dangers of thrown or batted balls, thrown or broken bats, collision with fixed or moving objects or with other persons, surface hazards, equipment failure, inadequate safety equipment, exposure to COVID-19 or other communicable diseases and the possibility of serious and permanently disabling or fatal physical injury and/or mental trauma or injury associated with this event. 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 claims, demands, suits, causes of action, liability, judgments, damages, costs and expenses (including attorney’s fees and court costs) (collectively, “Claim(s)”) arising from, related to, or in any way connected with the Event which I have or which may hereafter accrue to me against Houston Astros, LLC , its and their assignees, transferees and/or licensees, parents, subsidiaries and affiliated entities, and its and their directors, officers, members, managers, agents, representatives and employees, any promoting organization(s), media partners, and their respective agents, officials and employees (hereinafter collectively the “Released Parties”). This Agreement specifically includes, without limitation, all Claims in tort or contract, strict liability, and all Claims seeking compensatory or punitive damages, consequential, incidental, or direct damages, attorney’s fees, costs, injunctive relief, or any other relief whatsoever.

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, whether resulting in whole or in part from the negligence, gross negligence, or strict liability 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 or 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 fourteen (14) 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 IN CONFORMITY WITH THE LAWS OF THE STATE OF TEXAS (EXCLUSIVE OF CONFLICTS OF LAWS PRINCIPLES). EACH PARTY HEREBY EXPRESSLY CONSENTS TO AND WAIVES ALL RIGHTS WHICH IT MAY HAVE TO MAKE ANY OBJECTIONS BASED ON JURISDICTION, VENUE, OR SUFFICIENCY OF PROCESS TO ANY SUIT BROUGHT TO ENFORCE THIS AGREEMENT IN HARRIS COUNTY, TEXAS.

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.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT AND INTEND TO BE BOUND BY IT.