ASSUMPTION OF RISK, WAIVER AND RELEASE AND INDEMNIFICATION I, the undersigned, in consideration for Life Time Fitness and its subsidiaries, affiliates, employees, representatives, and agents (“LIFE TIME FITNESS”) allowing my participation in the LIFE TIME FITNESS Commitment Day Run (“Commitment Day Run”), acknowledge that my participation in the Commitment Day Run entails inherent risks, including but not limited to injury, death, and damage to property resulting from the following: (i) the negligence of LIFE TIME FITNESS, its owners, employees, representatives, volunteers or agents; the negligence of guests, visitors or persons who may be present at or participating in the Commitment Day Run; or the negligence of any applicable governmental entities; (ii) slips, trips, falls, crashes or other such accidents that occur while participating in the Commitment Day Run, or which may be caused by other persons’ participation in the Commitment Day Run; (iii) the negligence or lack of adequate training of LIFE TIME FITNESS’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) LIFE TIME FITNESS, its directors, owners, employees, representatives, volunteers or agents, (ii) any guest, visitor or person present or participating in the Commitment Day Run; (iii) any sponsor of the Commitment Day Run, 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 LIFE TIME FITNESS, I will defend, indemnify and hold harmless LIFE TIME FITNESS against any such liabilities which may be incurred as the result of such claim, from my participation in the Commitment Day Run. I certify to LIFE TIME FITNESS that I am eighteen (18) years of age or older, physically fit, have sufficiently trained for participating in the Commitment Day Run, and have not been advised against participating in the Commitment Day Run 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 Commitment Day Run 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 LIFE TIME FITNESS, and/or those authorized by LIFE TIME FITNESS, will be taking photographs and making audio and video recordings of the Commitment Day Run and its related events. I hereby irrevocably consent to and grant LIFE TIME FITNESS, and/or anyone authorized by LIFE TIME FITNESS, the exclusive right to the ownership and use of (i) any and all photographs taken by LIFE TIME FITNESS, and/or those authorized by LIFE TIME FITNESS, that contain my person, image or likeness; (ii) any and all audio recordings made by LIFE TIME FITNESS, and/or anyone authorized by LIFE TIME FITNESS, that contain my person, name or voice; and/or (iii) any and all video recordings made by LIFE TIME FITNESS, and/or anyone authorized by LIFE TIME FITNESS, that contain my person, image, likeness, name or voice; for any lawful purpose whatsoever in connection with LIFE TIME FITNESS and its related events
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