PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK In consideration of the services of Wisconsin College Baseball DBA/Wausau Woodchucks their agents, officers, volunteers, participants, employees, and all other person or entities acting in any capacity on their behalf (hereinafter collectively referred to as), I hereby agree to release, indemnify and discharge on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows. 1. I acknowledge that participation in on and off field promotions entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities to the activity. The risks include, among other things: falling, which could result in musculoskeletal injuries including head, neck and back injuries. Furthermore, Wisconsin College Baseball DBA/Wausau Woodchucks employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. 2. I expressly agree and promise to accept and assume all of the risk existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless form any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of equipment or facilities, including any such claims which allege negligent acts or omissions. 4. Should Wisconsin College Baseball DBA/Wausau Woodchucks or anyone acting on their behalf be required to incur attorney’s fees and cost to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. Further certify that I am willing to assume the risk of any medical or physical condition I may have. 6. In the event that I file a lawsuit against Wisconsin College Baseball DBA/Wausau Woodchucks I agree to do so solely in the state of Wisconsin and I further agree that the substantive law of that state shall apply in that action without regards to the conflict of laws rules of that state, I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Wisconsin College Baseball DBA/Wausau Woodchucks on the basis of any claim form which I have released them herein. By participating in this in-game promotion, you are acknowledging that an inherent risk of exposure to COVID-19 exists in any public place where people are present. By attending a Woodchucks game, you and any guests voluntarily assume all risks related to exposure to COVID-19 and agree not to hold the Wausau Woodchucks, or any of their affiliates, employees, contractors, players, or coaches liable for any illness or injury.