Leadville Trail 100 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 Leadville Trail 100 and any relevant Life Time Endurance training programs (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. 2a. 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. 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, contractors, 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. 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. 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 shall be governed and construed in accordance with
the laws of the State of Minnesota, without regard to principles of conflict of
laws. 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. 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. 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. 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.