2018 Miami Marathon, Half Marathon
and Tropical 5K 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 Miami Marathon, Half Marathon and Tropical 5K (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 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, contractors,
subcontractors, volunteers, and City of Miami, City of Miami Beach, Miami-Dade
County, and Florida Department of Transportation (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 attorney’s 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 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. 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.