SPECTATOR RELEASE AND WAIVER OF LIABILITY AGREEMENT

 PLEASE READ THIS SPECTATOR RELEASE AND WAIVER OF LIABILITY AGREEMENT (THE “AGREEMENT”) CAREFULLY AND IN ITS ENTIRETY BEFORE ACCEPTING THESE TERMS. THIS AGREEMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR RIGHTS AND YOUR ABILITY TO BRING FUTURE LEGAL CLAIMS. IF YOU ACCEPT THIS AGREEMENT ON BEHALF OF A PERSON UNDER EIGHTEEN (18) YEARS OF AGE (“MINOR”), YOU AGREE TO ALLOW THE MINOR TO ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY; THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE THAT THE MINOR MAY BE SERIOUSLY INJURED OR KILLED WHILE PARTICIPATING IN THE ACTIVITY BECAUSE CERTAIN DANGERS INHERENT IN THE ACTIVITY CANNOT BE AVOIDED OR ELIMINATED; AND THAT YOU WAIVE THE MINOR’S RIGHT AND YOUR RIGHT TO CLAIM IN A LAWSUIT AGAINST THE RELEASED PARTIES ANY DAMAGES FOR ANY BODILY INJURY, INCLUDING DEATH, TO THE MINOR AND TO YOURSELF, OR ANY PROPERTY DAMAGE RESULTING FROM RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO ACCEPT THIS AGREEMENT, AND THE CLUB ENTITIES HAVE THE RIGHT TO REFUSE TO ALLOW YOU OR THE MINOR TO PARTICIPATE IN THE ACTIVITY IF YOU DO NOT SIGN THIS FORM.

In consideration of being permitted to enter and remain at Stade Saputo, Olympic Park, Olympic Stadium, or any other location where the match or event is presented, including all adjacent parking lots, pedestrian areas, entrances, and other related areas (collectively, the “Stadium”), for a CF Montréal home match or other event, I, and if I am under eighteen (18) years of age, my parent, tutor, or guardian, on my behalf and on behalf of each of my heirs, assigns, executors, administrators, next of kin, and other persons acting or purporting to act on my behalf or on their behalf (collectively, the “Related Persons”), hereby acknowledge and agree as follows:

  1. Acknowledgment of Risks Related to Communicable Diseases and Other Risks. I fully understand that:
    1. the SARS-CoV-2 coronavirus and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) and other communicable or contagious diseases (collectively, “Communicable Diseases”) may be extremely contagious diseases that can lead to serious illness and death, and there is an inherent risk of exposure to Communicable Diseases in any place where people are present;
    1. no precaution, including protocols implemented from time to time by Complexe de Soccer Saputo (also known as “Stade Saputo”), CF Montréal, Free 2 Play Limited Partnership, the ticket issuer, or the event promoter (collectively, the “Club Entities”), and/or by third parties (including, without limitation, federal, provincial, and municipal authorities) (collectively, the “Stadium Protocols”), can eliminate the risk of exposure to Communicable Diseases;
    1. while persons of all ages and health conditions may be and have been adversely affected by a Communicable Disease, according to governmental health authorities, (i) persons with pre-existing medical conditions are or may be particularly vulnerable, and (ii) the risk of serious illness from contracting a Communicable Disease increases proportionately with age; and contracting a Communicable Disease may cause transmission of Communicable Diseases to my spouse, family members, or other contacts; and
    1. exposure to a Communicable Disease may result in quarantine, illness, disability, and other short- and long-term health effects, including death, regardless of a person’s age or health condition.

I FULLY UNDERSTAND AND KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO MY ENTRY INTO THE STADIUM AND OUR PRESENCE IN THE STADIUM, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO A COMMUNICABLE DISEASE, BODILY INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHETHER RESULTING FROM THE ACTS, OMISSIONS, OR NEGLIGENCE OF MYSELF, ANY OF THE RELEASED PARTIES (AS DEFINED BELOW), OR OTHER THIRD PARTIES. I PERSONALLY ACCEPT RESPONSIBILITY FOR ANY DAMAGES, LIABILITIES, AND OTHER LOSSES THAT I OR MY RELATED PERSONS MAY SUFFER IN CONNECTION WITH THE FOREGOING RISKS.

  1. Release, Waiver of Liability, and Covenant Not to Sue.

(A)    I HEREBY, ON MY OWN BEHALF AND ON BEHALF OF EACH OF MY RELATED PERSONS, KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASE, DISCHARGE, AND WAIVE (AND COVENANT NOT TO SUE) EACH AND EVERY ONE OF THE RELEASED PARTIES WITH RESPECT TO ANY AND ALL CLAIMS, RIGHTS, CAUSES OF ACTION, AND DAMAGES, WHETHER PAST, PRESENT, OR FUTURE, KNOWN OR UNKNOWN, INCLUDING, WITHOUT LIMITATION, THOSE ARISING OUT OF OR RELATING TO DEATH, BODILY INJURY, ILLNESS, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, OR LOSS OF OR DAMAGE TO PROPERTY, THAT I OR MY RELATED PERSONS MAY SUFFER OR THAT MAY LATER ARISE AGAINST ANY OF THE RELEASED PARTIES AS A RESULT OF, OR IN ANY WAY RELATING TO: (I) MY EXPOSURE TO A COMMUNICABLE DISEASE; (II) MY TRAVEL TO OR FROM, ENTRY INTO, OR MY OR OUR PRESENCE AT THE STADIUM, OR COMPLIANCE WITH THE STADIUM PROTOCOLS OR ANY OTHER GUIDELINES OR PROTOCOLS APPLICABLE AT THE STADIUM; (III) ANY INTERACTION BETWEEN ME OR US, OTHER SPECTATORS, AND ANY PERSONNEL OF THE RELEASED PARTIES PRESENT AT THE STADIUM (INCLUDING, WITHOUT LIMITATION, ANY USHER, TICKET TAKER, SECURITY, HEALTH AND HYGIENE, MAINTENANCE AND CLEANING, CONCESSIONS, OR PARKING PERSONNEL AND ATTENDANTS); (IV) ANY PARTICIPATION IN OR ATTENDANCE AT A PROMOTIONAL, SPORTING, OR OTHER ACTIVITY OFFERED TO STADIUM GUESTS; OR (V) ANY RISK IDENTIFIED ABOVE IN SECTION 1; AND, IN EACH CASE, WHETHER CAUSED BY ANY ACT, OMISSION, OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE.

(B)     FOR PURPOSES HEREOF, THE “RELEASED PARTIES” COLLECTIVELY MEAN: (I) THE CLUB ENTITIES; (II) MAJOR LEAGUE SOCCER, L.L.C. AND ITS SUBSIDIARIES AND AFFILIATES (“MLS”), SOCCER UNITED MARKETING, LLC (“SUM”), THE MEMBERS AND PARTNERS OF MLS AND EACH MLS TEAM OPERATED BY THEM, AND, RESPECTIVELY, EACH OF THEIR SUBSIDIARIES AND AFFILIATES, MEMBERS, DIRECTORS, PARTNERS, REPRESENTATIVES, LICENSEES, AGENTS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, GUESTS, AND SUBCONTRACTORS (AND ALL EMPLOYEES OF SUCH SUBCONTRACTORS) AND OTHER PERSONNEL (COLLECTIVELY, INCLUDING MLS, SUM, AND THE CLUB ENTITIES, THE “MLS PARTIES”); (III) THE DIRECT AND INDIRECT OWNERS, LESSEES, AND SUBLESSEES OF THE STADIUM; (IV) THE CONCESSIONAIRES, VENDORS, OTHER SUPPLIERS, AND ALL OTHER SERVICE PROVIDERS AT THE STADIUM; (V) OTHER THIRD PARTIES PRESENT AT OR BROUGHT TO THE STADIUM FROM TIME TO TIME (INCLUDING, WITHOUT LIMITATION, MEDICAL PERSONNEL); AND (VI) ALL PARENT, SUBSIDIARY, AFFILIATED, OR RELATED COMPANIES OR OTHER ENTITIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, INSURERS, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS OF EACH OF THE ENTITIES AND PERSONS REFERRED TO ABOVE, WHETHER PAST, PRESENT, OR FUTURE, AND WHETHER ACTING IN THEIR INSTITUTIONAL OR PERSONAL CAPACITIES.

  1. Indemnification. I agree to indemnify and hold harmless the Released Parties from all liabilities, claims, demands, costs, expenses, and legal fees incurred by any Released Party as a result of (a) any claim by me or by any person on my behalf, including Related Persons, arising out of, relating to, or in connection with the activities whose risks I have acknowledged and assumed herein and/or that are covered by the acknowledgments, waivers, and releases under Sections 1 and 2, and (b) all claims and amounts related to legal and other proceedings brought against any Released Party, to the extent such claims are attributable to my negligence or wilful misconduct or to a breach of this Agreement.
  1. Governing Law. I agree that this Agreement shall be governed exclusively by the laws of the Province of Québec as the sole applicable laws, without regard to their choice-of-law or conflict-of-laws principles, and that any judicial proceeding relating to this Agreement shall take place in Montréal, Province of Québec.
  1. Arbitration Agreement FOR NON-RESIDENTS OF QUÉBEC ONLY. I AGREE THAT ANY CURRENT OR FUTURE DISPUTE, CLAIM, ACTION, OR PROCEEDING BETWEEN ME OR US AND ANY OF THE RELEASED PARTIES RELATING TO OR ARISING OUT OF THIS AGREEMENT OR MY OR OUR PRESENCE AT THE STADIUM (COLLECTIVELY, “CLAIMS”) SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION. I, ON MY OWN BEHALF AND ON BEHALF OF MY RELATED PERSONS, AND THE RELEASED PARTIES EACH AGREE THAT ALL CLAIMS SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES ANY RIGHT TO BRING SUCH CLAIM BEFORE A COURT, WHETHER AS AN INDIVIDUAL, GROUP, OR CLASS CLAIM, AND WAIVES ANY RIGHT TO ARBITRATE SUCH CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF I OR ANY OF MY RELATED PERSONS DO NOT CONSENT TO THIS PROVISION, I MUST LEAVE OR NOT ENTER THE STADIUM. IF ANY CURRENT OR FUTURE CLAIM ARISES BETWEEN ME AND THE CLUB, MLS, OR MANAGEMENT, I WILL SEND WRITTEN NOTICE DESCRIBING THE DISPUTE (A “NOTICE OF DISPUTE”) TO CF MONTRÉAL, 4750 SHERBROOKE STREET EAST, MONTRÉAL, QUÉBEC, CANADA H1V 3S8, ATTENTION: LEGAL DEPARTMENT. THE CLUB, MLS AND/OR MANAGEMENT AND I AGREE TO ATTEMPT IN GOOD FAITH TO RESOLVE THE DISPUTE FOR AT LEAST 30 DAYS (THE “NEGOTIATION PERIOD”) FOLLOWING RECEIPT OF THE NOTICE OF DISPUTE. IF THE CLUB, MLS AND/OR MANAGEMENT AND I CANNOT RESOLVE THE CLAIM DURING THE NEGOTIATION PERIOD, I UNDERSTAND THAT THE CLAIM SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR IN MONTRÉAL, ADMINISTERED BY THE ADR INSTITUTE OF CANADA, INC. IN ACCORDANCE WITH ITS APPLICABLE ARBITRATION RULES. I AGREE THAT ALL MATTERS RELATING OR PERTAINING TO THE ARBITRATION OR THIS ARBITRATION PROVISION, INCLUDING, WITHOUT LIMITATION, THE THRESHOLD QUESTION OF ARBITRABILITY OR THE ENFORCEABILITY OR VALIDITY OF THIS ARBITRATION PROVISION, SHALL BE DELEGATED TO THE ARBITRATOR SELECTED IN ACCORDANCE WITH THIS PROVISION.
  1. Class Action Waiver FOR NON-RESIDENTS OF QUÉBEC ONLY. I agree that all Claims described in Section 5 must be arbitrated solely on an individual basis. By accepting this Agreement, I hereby waive my right to commence or participate in any class or collective claim against the Released Parties.
  1. Severability. I agree that if any provision, or any part thereof, contained in this Agreement is declared illegal, unenforceable, or inapplicable, that provision or part thereof shall be modified, if possible, to give effect to the parties’ intentions and, if necessary, shall be deemed severable so that all other provisions contained in this Agreement remain valid and binding.  
  1. Term. This Agreement is of unlimited duration and applies to all activities and events at the Stadium at which I am or we are present or in which I participate or we participate, and to any Claim arising therefrom, from the date of acceptance.

I HAVE CAREFULLY READ, VOLUNTARILY ACCEPT, AND CONSENT TO THIS AGREEMENT. I understand its terms and am aware of its legal consequences, including that I hereby waive, for myself and on behalf of my Related Persons, significant legal rights and that, by signing this Agreement, neither I nor the Related Persons will be able to sue the Released Parties if we suffer illness, injury, or death for any reason as a result of exposure to a Communicable Disease; I understand that this is a material condition of my admission to and continued presence at the Stadium, upon which the MLS Parties and the other Released Parties rely; and I further agree that no oral representation, statement, or inducement contrary to anything contained herein has been made by any of the MLS Parties or other Released Parties.