2018 CAPTEX TRIATHLON 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 Captex Triathlon (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.
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.
4.
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, subcontractors, 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 alleged or actual
negligence or breach of any express or implied warranty of the Released
Parties.
5.
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.
6.
INSURANCE: This event is insured through
K&K/Nationwide Insurance. Eligible persons are provided excess Accidental
Medical Expense (“Excess Coverage”) coverage with a $250.00 deductible per
claim. If the participant has other coverage (“Primary Coverage”), claims must
first be filed with the Primary Coverage insurer. The injured party is
responsible for filing a claim by submitting a completed Claim Form to K&K
Insurance at: P.O. Box 2338, Fort Wayne, IN 46801-2338. A copy of the Claim
Form and Summary of Coverages can be found (here: insert link). For additional questions,
please email events@lifetimefitness.com.
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.
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, fire, public
disaster, police activity, acts/threats of terrorism, unavoidable casualty,
race course conditions 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.
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.
PARENT/GUARDIAN SIGNATURE
(required if participant is under the age of 18)
You must scroll to the bottom of the waiver to consent.
