(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.