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 Life Time South Beach
Triathlon; 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)