2017 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 Youphoriaproductionsllc. and its subsidiaries, affiliates,
employees, representatives, and agents allowing my participation in the Austin
Rattler, Wilmington Whiteface, Tahoe Trail MTB/RUN 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:
Youphoriaproductionsllc, 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 Youphoriaproductionsllc, and/or
those authorized by Youphoriaproductionsllc, 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
Youphoriaproductionsllc, and/or anyone authorized by Youphoriaproductionsllc,
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
Youphoriaproductionsllc 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.