NEW YORK METS WAIVER AND RELEASE AGREEMENT ANY ADULT PARTICIPATING AND/OR ANY PARENT OR LEGAL GUARDIAN OF EACH MINOR CHILD PARTICIPATING IN THE ACTIVITIES (AS HEREINAFTER DEFINED) MUST INITIAL BELOW AND EXECUTE THIS WAIVER AND RELEASE OF LIABILITY AND NAME AND LIKENESS PRIOR TO HIS/HER PARTICIPATING AND/OR PRIOR TO HIS/HER MINOR CHILD BEING PERMITTED TO PARTICIPATE IN ANY ACTIVITIES WHATSOEVER. In consideration for being permitted to enter certain areas at Citi Field (the “Stadium”) designated by the New York Mets (defined below) and to participate in other Activities (defined below), I hereby freely, voluntarily, and without duress execute this New York Mets Waiver and Release Agreement (“Agreement”)  and agree to the following terms. Definitions: “New York Mets” as used in this Agreement means Sterling Mets, L.P. and any of its parent, subsidiary, related, and/or affiliated companies—including without limitation Queens Ballpark Company, L.L.C.; CF Hospitality, L.L.C.; Sterling Mets Operations, L.L.C.; Sterling Mets Front Office, L.L.C.; and Amazin’ Mets Foundation, Inc.—as well as its and their respective past and present officials, owners, general partners, limited partners, controlling persons, investors, stockholders, members, directors, officers, employees, agents, representatives, affiliates, players, coaches, supervisors, volunteers, shareholders, beneficiaries, trustees, managers, attorneys, independent contractors, successors, and assigns. “Activities” as used in this Agreement includes without limitation my presence at the Stadium and all activities related to Team Red White and Blue 9/11 Stair Climb.  “Released Parties” as used in this agreement means the New York Mets, the City of New York Department of Parks and Recreation, the New York City Economic Development Corporation, the New York City Industrial Development Agency, any of their respective parent, subsidiary, related, and/or affiliated companies, and/or any of their respective past or present officials, owners, general partners, limited partners, controlling persons, investors, stockholders, members, directors, officers, employees, agents, representatives, affiliates, players, coaches, supervisors, volunteers, shareholders, beneficiaries, trustees, managers, attorneys, independent contractors, successors, and assigns (each such entity or individual being referred to as a “Released Party”). “Exculpated Person” as used in this agreement means any general or limited partner, shareholder, director, officer, member, beneficiary, trustee, manager, controlling person, investor, employee, attorney, agent or independent contractor of any Released Party. Name and Likeness Release: I grant permission to the New York Mets to utilize my name, voice and likeness (including, but not limited to, photographs and any video/audio recording of me engaging in Activities) in any and all manner and media, now known or hereafter developed, throughout the universe in perpetuity without limitation and without additional compensation or consideration, notification or permission, unless prohibited by applicable law. I waive any right that I may have to inspect or approve any finished product (including, but not limited to, any brochures, videos, slide shows, web sites, and/or other materials) or any advertising copy that may be used in connection therewith or the use to which it is applied. I represent and warrant that I have the right to enter this Agreement on behalf of myself and that my granting this waiver and release and conveying rights hereunder will not infringe upon the rights of any third party. I assign all right, title and interest I may have in any and all media now known or hereafter developed in which any or all of my appearance, image, name, voice and/or likeness have been captured in connection with the Activities to the Released Parties along with full rights of assignability.  Assumption of Risk: I am aware and understand that I will be engaging in activities that may involve the risk of serious personal injury, illness, permanent disability, dismemberment and death, and that may also involve the risk of severe economic and property loss and damage. I understand and acknowledge that these risks may result from the actions, negligence and/or failure to act of myself and others (including, but not limited to, the Released Parties, emergency response, and/or other participants in the Activities) as well as the physical challenges inherent in the Activities and the condition of any real or personal property, facilities or equipment used during the Activities. I also understand and acknowledge that there may be risks involved which are not known to me or the Released Parties and may not be foreseen or reasonably foreseeable by any of the foregoing entities or persons at this time or at the time of any Activities in which I may participate.  Notwithstanding the risks, I acknowledge that I am knowingly and voluntarily participating in the Activities with an express understanding of the risks involved and agree to accept and assume all of the foregoing risks including the risk of any negligence by emergency response, and/or other participants in Activities, or by the Released Parties and the risk of injury caused by the condition of any real or personal property, facilities or equipment used during the Activities, and accept personal responsibility for any injury (including, but not limited to, personal injury, disability, dismemberment and death), illness, damage, loss, claim, liability or expense (including reasonable attorneys’ and professionals’ fees), of any kind or nature, that I may suffer arising out of or in connection with the Activities or my participation therein. Furthermore, I agree that no Exculpated Person shall be personally liable for any obligation or liability of a Released Party in connection with the Activities under this Agreement and that all obligations and liabilities of a Released Party in connection with the Activities under this Agreement are enforceable solely against such Released Party (or the assets thereof) and not against any Exculpated Person (or the assets thereof). Liability Release and Indemnity: I hereby release and forever discharge and agree to indemnify, defend, save and hold harmless, each and every 1. Released Party of and from any and all injuries (including personal injury, disability, dismemberment, and death), illness, losses, damages, claims, liabilities or expenses of any kind or nature (and whether accruing to me, my heirs or my personal representatives) that are caused or alleged to be caused in whole or in part by the action, negligence or failure to act by any Released Party or condition of any real or personal property, facilities or equipment of any Released Party and that arise out of or in connection with my participation in Activities.  I acknowledge and agree that, in the event of any breach by the New York Mets or any third party, the damage, if any, caused to me will not be irreparable or otherwise sufficient to entitle me, my heirs, or my personal representatives to seek injunctive or other equitable relief, I will be strictly limited to the right, if any, to recover damages in an action at law. Except as otherwise set forth above, I will have the right to neither rescind nor terminate this Agreement (including any of the Released Parties’ rights hereunder) nor enjoin the production, exhibition, or other exploitation of my name, voice, or likeness or any subsidiary or allied rights with respect thereto. I further acknowledge that none of the Released Parties shall be responsible for any lost, stolen, misplaced or damaged personal items left unattended by me during my participation in Activities. Medical Treatment: In connection with any injury I may sustain or illness or other medical conditions I may experience during my participation in Activities, I authorize any emergency first aid, medication, medical treatment, surgery or other medical services deemed necessary by the attending medical personnel regardless of whether I am able to act on my behalf. I further authorize the attending medical personnel to execute on my behalf any permission forms, consents or other appropriate documents relating to medical attention and to act on my behalf if I am not able or immediately available to do so. I further agree to assume all responsibility for any costs and expenses incurred in such a medical emergency (e.g., transportation, hospitalization, x-rays, etc.). I hereby release, forever discharge, and hold harmless the Released Parties from any claim based on such emergency first aid, medication, medical treatment, surgery or other medical services. Severability of Provisions: I have carefully read the entirety of this Agreement and agree to all its terms and conditions. I agree that the foregoing terms and conditions are intended to be as broad and inclusive as is permitted by law, and any terms and conditions set forth herein found by a court to be void or unenforceable shall not affect the validity or enforceability of any other terms and conditions herein. This Agreement will inure to the benefit of and will be binding upon my and the Released Parties’ respective affiliates, successors, licensees, assigns, heirs and representatives. The validity, construction and enforceability of this waiver and release shall be governed by, and construed and interpreted in accordance with, the internal laws of the State of New York.