2018 Chicago Spring Half
Marathon & 10K 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
Chicago Spring Half Marathon & 10K (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,
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 Chicago
(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, Life Time Triathlon, LLC, and/or
those authorized by Life Time, 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,
Life Time Triathlon, LLC, and/or anyone authorized by Life Time, 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.