2015 Tahoe Trail MTB

(If under 18 years of age a parent or guardian must read, check, and initial.)  
2015 Leadville Race Series WAIVER, ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT   WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE LIFE TIME FITNESS, INC. AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.   IN CONSIDERATION for Life Time Fitness, Inc. and its subsidiaries, affiliates, employees, representatives, and agents (“Life Time”) allowing my participation in the Leadville Race Series event (the “Event” or “Events”); I, the undersigned, and on behalf of my spouse, heirs, next of kin, any legal and personal representatives, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”);   PARTICIPANT REPRESENTATIONS:  I hereby represent that (i) I am in good health and physically fit to participate in the Event; and (ii) have not been advised against participating in the Event by a qualified health professional. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event.   ASSUMPTION OF RISK:  I understand and acknowledge that there are dangers, hazards and risks of injury or damages, some of which are inherent, in my use of, presence at, or participation in the Event.  I understand that these dangers, hazards and risks, arising from my use of, presence at, or participation in the Event, whether running, bicycling, swimming, or other portions of the Event, include but are not limited to: the potential for serious bodily injury, permanent disability, paralysis and death; drowning; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, pedestrians, vehicles, or other natural or manmade objects; dangers arising from adverse weather; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; and other accidents or incidents that may result in injury or damage (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the acts, inaction or ordinary negligence of the Released Parties defined below, and I hereby voluntarily and willingly assume all such Risks and any other damages, liabilities, losses or expenses to my person or personal property which I incur as a result of my participation in the Event.   RELEASE OF LIABILITY:  I hereby Release, Waive and Covenant Not to Sue: Life Time, all Event sponsors, and all Host Cities, Local Organizing Committees, Venues and Property Owners upon which the Event takes place, Law Enforcement Agencies and other Public Entities providing support for the Event, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) from my use of, presence at or participation in the Event, which may arise out of, result from or relate to the ordinary negligence of the Released Parties.   INDEMNIFICATION:  I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which may be incurred as the result of such claim.   RELEASE FOR PERSONAL LIKENESS:  I understand that Life Time, and/or those authorized by Life Time, will be (i) taking photographs, (ii) making audio recordings and (iii) video recordings of the Event and its related events. I hereby irrevocably consent to and grant Life Time, and/or anyone authorized by Life Time, the exclusive right to the ownership and use of any and all (i) photographs, (ii) audio recordings and/or (iii) video recordings containing my image or likeness, for any lawful purpose whatsoever in connection with Life Time and its related events.    ADDITIONAL TERMS: I understand the Event course, distance, location, and timeline can be changed at the discretion of the Related Parties. All distances are approximate by GPS measurements. The Event can be altered, postponed or cancelled for any reason including but not limited to: inclement weather, natural disturbances, police activity, acts/threats of terrorism, or other reasons beyond the Related Parties’ reasonable control. If the Event is cancelled or altered as described above, no refunds, credits or transfers will be issued, granted or permitted.   PARTICIPANT WARRANTS:  I have read this Agreement carefully, understand its terms and conditions, understand that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, heirs and next of kin, and any legal and personal representatives, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

2015 Northstar California Resort Waiver

PLEASE READ CAREFULLY. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. 1. I understand that renting and using bicycling equipment, riding a bicycle on-road, off-road or in a bike park, guided or unguided, bicycle racing or competing, participating in bicycle instruction, and using ski area facilities, including the lifts, for any purpose (the “Activity”) ARE HAZARDOUS AND MAY CAUSE PHYSICAL INJURY, DEATH OR PROPERTY DAMAGE. I understand that each person participating in the Activity is a “Participant” and that I am signing this on my own behalf and, if my child is a Participant under 18, on behalf of my child. 2. I EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH THE ACTIVITY. I understand that risks associated with the Activity include, but are not limited to: the negligence of other participants and instructors; equipment malfunction, including unexpected loss of braking or handling; collisions; varying weather and surface conditions; slick or uneven surface conditions; variations in slope and terrain; forest growth/downed timber; rocks, loose gravel, dirt and paved surfaces; holes and potholes; debris; trail configuration; marked and unmarked obstacles; bike park terrain features; high speeds; high altitude; strenuous activity; encountering wildlife; sharing ski area facilities and trails with others; and following the direction of instructors and officials. 3. I acknowledge that: 1) Participant has been informed of and understands all rules and regulations of participation in the Activity; 2) Participant is responsible for understanding and complying with all signage, including instructions on use of the lifts; 3) Participant must have the physical dexterity and knowledge to safely load, ride and unload the lifts; 4) equipment and obstacles may be encountered at any time; and 6) that falls and collisions occur and that injuries are a common and ordinary occurrence of the Activity. I acknowledge that PARTICIPANT HAS THE OPPORTUNITY TO INSPECT THE ACTIVITY COURSES AND VENUES PRIOR TO PARTICIPATING in the Activity and that PARTICIPANT ASSUMES THE RISK OF ALL COURSE AND VENUE CONDITIONS. If my child is participating, I also acknowledge that: 1) I have spoken to my child about the Activity; 2) my child understands and appreciates the risks of participating in the Activity; and 3) my child is voluntarily participating in the Activity. 4. In consideration for my or my child's participation in the Activity, I AGREE TO RELEASE, DEFEND, INDEMNIFY AND NOT TO SUE Vail Resorts, Inc., The Vail Corporation, all of their affiliated companies and subsidiaries, the United States, and all their respective insurance companies, successors in interest, commercial and corporate sponsors, agents, employees, representatives, assignees, officers, directors, and shareholders (each a “Released Party”) FROM ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from participation in the Activity, INCLUDING THOSE INJURIES AND DAMAGES CAUSED BY ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. I agree to pay all costs and attorney’s fees incurred by any Released Party in defending a claim or suit brought as a result of Participant’s participation in the Activity. 5. I represent that Participant is in good health and that there are no special problems associated with Participant’s physical or mental condition. I authorize a licensed physician and/or other medical care provider to carry out any emergency medical care for Participant when deemed necessary and agrees to be fully responsible for any associated costs. 6. I agree that ANY AND ALL CLAIMS FOR LOSS, INJURY AND/OR DEATH REGARDING AN ALLEGED INCIDENT SHALL BE GOVERNED BY THE LAW OF THE STATE WHERE THE ALLEGED INCIDENT OCCURRED AND EXCLUSIVE JURISDICTION SHALL BE IN THE STATE or federal court sitting in the district where the alleged incident occurred (except that all claims arising at Heavenly shall be governed by California law and exclusive jurisdiction shall be in a California court of competent jurisdiction). 7. I represent that I am the minor Participant’s parent or legal guardian and I VOLUNTARILY GRANT PERMISSION FOR THE MINOR TO TAKE PART IN THE ACTIVITY. I acknowledge that I am also signing this release on behalf of my child and that MY CHILD SHALL BE BOUND BY ALL THE TERMS OF THIS RELEASE. By signing this agreement without a parent or guardian’s signature, I represent that I am at least 18 years of age. I AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, ARISING FROM ANY MISREPRESENTATIONS IN OR FRAUDULENT EXECUTION OF THIS AGREEMENT. 8. USE OF A HELMET IS STRONGLY RECOMMENDED. I understand that a helmet IS IN NO WAY A GUARANTEE OF SAFETY and that no helmet can protect the wearer against all foreseeable impacts to the head, and that biking and other related activities can expose the user to forces that exceed the limits of protection provided by a helmet. 9. This release shall be binding to the fullest extent permitted by law and shall continue to apply for the duration of the operating season. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This release shall be binding upon my and my child’s assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.