ASSUMPTION OF RISK, WAIVER AND RELEASE AND INDEMNIFICATION I, the undersigned, in consideration for LIFE TIME FITNESS, Inc. and its subsidiaries, affiliates, employees, representatives, and agents (“LTF”) allowing my participation in the LIFE TIME FITNESS Ski Classes (“LTF Ski Classes”), acknowledge that my participation in the LTF Ski Classes entails inherent risks, including but not limited to injury, death, and damage to property resulting from the following: (i) the negligence of LTF, its owners, employees, representatives, volunteers or agents; the negligence of guests, visitors or persons who may be present at or participating in the LTF Ski Classes; or the negligence of any applicable governmental entities; (ii) slips, trips, falls, crashes or other such accidents that occur while participating in the LTF Ski Classes, or which may be caused by other persons’ participation in the LTF Ski Classes; (iii) the negligence or lack of adequate training of LTF’s employees, representatives, volunteers, or agents who seek to assist with medical or other help either before or after injuries have occurred. I agree to release from all liability, discharge and promise not to take legal action against: (i) LTF, its directors, owners, employees, representatives, volunteers or agents, (ii) any guest, visitor or person present or participating in the LTF Ski Classes; (iii) any sponsor of the LTF Ski Classes, their directors, owners, employees, representatives, volunteers or agents; or (iv) any applicable governmental entities, their directors, employees, representatives, volunteers or agents. I agree to release the aforementioned persons from any liability to me, my heirs, next of kin, assigns or personal representatives for any losses, damages, claims or demand arising out of my injuries, death, or damages to property, even if their individual or collective negligence contributes to such injuries, death or damages. I further agree that if I, or anyone on my behalf, makes a claim of liability against LTF, I will defend, indemnify and hold harmless LTF against any such liabilities which may be incurred as the result of such claim, from my participation in the LTF Ski Classes.
I certify to LTF that I am eighteen (18) years of age or older, physically fit, have sufficiently trained for participating in the LTF Ski Classes, and have not been advised against participating in the LTF Ski Classes by a qualified health professional. I freely and voluntarily assume complete personal responsibility for all risks and for any injury, death or damage that may occur to me or my property as a result of these risks, even if such injury, death, or damage occurs in a manner that is not foreseeable to me at this time. I realize that by voluntarily assuming the risks involved, I will be solely responsible for any injury, death, or damage that I sustain. I have read and understand the terms above. My participation in the LTF Ski Classes and my execution of this Assumption of Risk are both purely voluntary and I elect to do so in spite of the risks.
Moreover, I understand that LTF, and/or those authorized by LTF, will be taking photographs and making audio and video recordings of the LTF Ski Classes and its related events. I hereby irrevocably consent to and grant LTF, and/or anyone authorized by LTF, the exclusive right to the ownership and use of (i) any and all photographs taken by LTF, and/or those authorized by LTF, that contain my person, image or likeness; (ii) any and all audio recordings made by LTF, and/or anyone authorized by LTF, that contain my person, name or voice; and/or (iii) any and all video recordings made by LTF, and/or anyone authorized by LTF, that contain my person, image, likeness, name or voice; for any lawful purpose whatsoever in connection with LTF and its related events