LIFE TIME EVENT 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., LTF Triathlon Series, LLC and their subsidiaries,
affiliates, employees, representatives, volunteers, and agents (“Life
Time”) allowing my participation in the Lutsen Event (99er, 69er, 39er,
19er and kid races) 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, animals, 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: Life Time, 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 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, including those 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.
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. PARENT/GUARDIAN SIGNATURE (required if participant is under the age of 18)