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 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 Triathlon, LLC. and its subsidiaries, affiliates,
employees, representatives, and agents (“Life Time”) allowing my participation
in the 2019 Miami Marathon and Half Marathon or Tropical 5K; 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.
VOLUNTEER REPRESENTATION. I hereby
represent that (i) I am in good health and physically fit to participate in the
Event; (ii) have not been advised against volunteering 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
understand that I should not volunteer unless medically able and represent that
I am in good health and physically fit to volunteer. I agree that it is my sole
responsibility to determine whether I am sufficiently fit and healthy enough to
participate in the event.
2.
ASSUMPTION
OF RISK.
I understand and acknowledge that the Athletic
Event in which I am
serving as a volunteer is an
event of Life
Time. I understand and acknowledge that there are dangers, hazards, and risk of injury or
damages, including but not limited to physical and property damages, by volunteering at the Event, whether on or
off Life Time premises,
including but not limited
to the organization, oversight
and active monitoring of the run,
bike and swim
events, as well all
set-up and transferring of equipment and
the race course. I understand and agree that volunteering involves many risks
and hazards, some of which are inherent to the very nature of the activities
involved in the volunteering, others of
which may result from
negligence, including but not limited to: tripping
or falling for any reason, lifting,
collisions, equipment failure, weather
conditions, accidents with Event participants or other volunteers,
criminal acts or acts of terrorism by third parties, and travel to and from different areas of the race course.
I agree that if
I believe conditions are unsafe,
I will
immediately discontinue participating
in
such volunteer activity or service. I understand and agree that these risks may result
in injury, harm or
damage, including
but not limited to
economic, property,
emotional, mental, physical or any
other type of damage, including but not limited
to sprains, torn muscles or ligaments, broken bones, strokes, heart stress,
heart attacks, paralysis, disfigurement, death, or other
forms of pain or suffering (“Risks”). I fully understand, voluntarily accept, and specifically assume responsibility for these risks of
injury.
3. MEDICAL RELEASE: I authorize Event staff, representatives, contractors, 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 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 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.
PERSONAL LIKENESS
RELEASE AND AUTHORIZATION.
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.
7.
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.
8.
GOVERNING LAW: This Agreement is governed in accordance
with the laws of the State of Minnesota, and the Parties submit to the
exclusive jurisdiction of Minnesota courts.
9.
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.
10. 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.
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 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.
You must scroll to the bottom of the waiver to consent.