2018 Miami Marathon, Half Marathon and Tropical 5K WARNING,
ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION 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, 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 Triathlon, LLC. and its subsidiaries, affiliates, employees,
representatives, and agents (“Life Time”) allowing my participation in the 2018
Miami Marathon, Half Marathon and Tropical 5K (the “Event”); 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”);
1. PARTICIPANT
REPRESENTATIONS: I hereby represent that (i) I am in good health and
physically fit to participate in the Event; (ii) have not been advised against
participating in the Event by a qualified health professional; and (iii) I am
at least 18 years of age (or this agreement is agreed to by my parent, natural
guardian, or legal guardian). I agree that it is my sole responsibility to
determine whether I am sufficiently fit and healthy enough to participate in
the Event. I agree that it is my sole responsibility for maintaining control at
all possible times while engaging in the Event and for reading, understanding,
and complying with all signage.
2.
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 participation in the Event will be an extreme test of
my physical and mental abilities. 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; risks from training for, practicing, or competing
in the Event; complications arising from personal mental, physical, or
emotional state; accidents, tripping, falling down, illness, drowning, contact
or collision with other participants, spectators, pedestrians, vehicles or
other natural or manmade objects; danger from adverse weather, imperfect course
conditions, exposure to extreme conditions and circumstances, water, road or
surface hazards, variations in terrain, encounters with wild and domestic
animals, becoming lost or separated from race, inadequate safety measures;
unmaintained and/or unmarked trails, roads, bridges, etc.; loss or damage to
property; equipment failure; participants of varying skill levels; acts of
terrorism or criminal activity; 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.
3.
TIME LIMITS: I understand that there will be cutoff times
for the operation of aid stations and course sweepers. I understand and
acknowledge that if I choose to continue in the Event after these cutoff times
have passed, that I 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. I further understand and acknowledge that if
I choose to continue after the cutoff time that I will not hold the Released
Parties or Event Organizers (defined below) responsible 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.
4. MEDICAL
RELEASE: I authorize Event staff, representatives,
contractors, subcontractors, or other medical personnel to obtain or provide
medical care for me, to transport me to a medical facility, and to provide
treatment (including but not limited to evacuation, hospitalization, blood
transfusions, surgery, medications, etc.) they consider necessary for my
health. I agree to pay all costs associated with that care and transportation.
I agree to the release (to Life Time, insurance carriers, other health care
providers and their staff, representatives, or contractors) of any medical
information or records necessary for treatment, referral, billing, or other
purposes.
5. RELEASE
OF LIABILITY: I hereby Release, Waive and Covenant Not to Sue: Life
Time Fitness, Life Time Triathlon, LLC, 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 insurance companies,
parent, subsidiary and affiliated companies, successors in interest, commercial
and corporate sponsors, officers, directors, partners, shareholders, members,
agents, employees, contractors, subcontractors, volunteers, and City of Miami,
City of Miami Beach, Miami-Dade County, and Florida Department of
Transportation (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 alleged or actual
negligence or breach of any express or implied warranty of the Released
Parties.
6. 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 for any property damage or
personal injury which may be incurred as the result of such claim. I agree to
pay all costs and attorney’s fees incurred by any Released Party in defending a
claim or suit brought by or on behalf of myself.
7.
RELEASE FOR PERSONAL LIKENESS: I
understand that Life Time Fitness, Life Time Triathlon, LLC, and/or those
authorized by Life Time Fitness, Life Time
Triathlon, LLC, 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 Fitness, Life Time Triathlon,
LLC, and/or anyone authorized by Life Time Fitness, Life Time Triathlon,
LLC, 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.
8. DISMISSAL: I understand that Event Organizer reserves
the right, in its sole discretion, to dismiss any participant from the
activities and to deny or revoke any applicant at any time from the event. If I
am dismissed or depart for any reason, I agree I am responsible for all costs
of departure whether for medical reasons, dismissal, personal emergencies, or
otherwise.
9.
GOVERNING
LAW: This Agreement shall be governed and construed in accordance
with the laws of the State of Minnesota, without regard to principles of
conflict of laws.
10. ASSIGNMENT: I understand that the Event Organizer may assign
this Form to other entity/s or individual/s (“Assignees”) at any time, and any
such assignment will grant assignees the full rights and protections accorded
in this Form, consistent with Event Organizer’s and other Released Parties’
rights and protections under this form.
11. FORCE MAJEURE. In the event that the Event(s) or
any portion thereof are cancelled or omitted because of war, an Act of God,
inclement weather, natural disturbances, fire, public emergency, disaster, or
necessity, plague, epidemics of health or other, national or state emergency,
riot, acts or threats of terrorism or criminal activity, unavoidable casualty,
race course conditions, legal restriction, labor disputes, strikes, boycotts,
mechanical or electrical breakdowns, or for any other reason beyond the
reasonable control of Life Time, the same shall not constitute a breach of this
Agreement. If any or all of the Event(s) are cancelled or omitted as described
above, Life Time, in its absolute and sole discretion, shall determine whether
refunds, credits, or transfers will be issued, granted, or permitted.
12. 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.
I agree 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 I sign this form both online and on-site, I agree that the
on-site version of this form, as that version may be amended from the on-line
version, will be binding. This agreement is effective in regard to my
enrollment or participation in the activities from the date signed through the
completion of all activities, and this Agreement shall remain in full force and
effect following completion of all activities. I agree that the contents of
this Agreement will take precedence over any other forms or contracts I may
sign in connection with these activities. 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.
As the Parent and/or
Legal Guardian to the minor identified above, I hereby accept and agree to all
of the terms and conditions of this Agreement in connection with the minor’s
participation in the Event(s). If, despite this Agreement, I, or anyone on the
minor’s 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 Liabilities which any may be incurred as the result of
such claim.