Chequamegon
Fat Tire Festival 2016 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 me to
participate in the Chequamegon Fat Tire Festival event (the “Event” or
“Events”); I, for myself, and on behalf of my spouse, children, parents,
guardians and heirs, next of kin, any legal and personal representatives, executors,
administrators, 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 in proper physical condition to participate in the Event;
(ii) have not been advised against participating in the Event by a qualified
health professional; and (iii) am not under the influence of alcohol or any
illicit or prescription drugs which would in any way impair my ability to
safely participate in the Event. 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, which include, without limitation: 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 or tidal conditions; 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 expressly assume all such
Risks and responsibility for any damages, liabilities, losses or expenses which
I incur as a result of my participation in the Event.
WAIVER, RELEASE OF LIABILITY,
AND INDEMNIFICATION: I hereby
Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend
and Hold Harmless the following parties: Life Time Fitness, Inc., 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. 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 hereby warrant that I have
read this Agreement carefully, understand and acknowledge 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, children, parents,
guardians heirs and next of kin, and any legal and personal representatives, executors,
administrators, 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.