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WAIVER AND RELEASE OF LIABILITY, ACKNOWLEDGEMENT OF RISK, AND INDEMNIFICATION AGREEMENT

WARNING: PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS, AND DEPRIVES YOU OF THE RIGHT TO SUE LIFE TIME, INC. AND OTHER PARTIES.

IN CONSIDERATION for Life Time, Inc., its subsidiaries ChronoTrack and Athlinks, and their subsidiaries, affiliates, employees, representatives, and agents (“Life Time”) allowing my participation in the ChronoTrack 2021 Timers Conference and Virtual Bay Ray 5K and/or Virtual Mini Micah Marathon (the “Event(s)”); 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 Indemnification 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. VIRTUAL RACE WAIVER: I know that running in an event that is organized as a virtual activity where I run on my own, at a date and time of my choosing, in a location and running route of my choosing, which will not have any support or security measures in place by ChronoTrack, the Baby Ray Virtual 5K and/or the Mini Micah Marathon is a potentially hazardous activity, which could result in injury or death. I acknowledge that I am participating in the activity outlined by this virtual event by my own free will and at my own personal risk. I will not participate in a virtual event unless I am medically able and properly trained, and by my signature, I certify that I am medically able to perform this event, and am in good health, and I am properly trained. I further agree to abide by the Center for Disease Control’s (CDC) recommendations for the prevention of the spread of the 2019 Novel Coronavirus Disease (COVID-19) and other communicable diseases, and I attest to having read the CDC’s guidance at https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.htmlv . I attest that if my community has a shelter in place order, that I will only participate in the virtual event by using a personal treadmill, and I will not run outside in the community during the duration of a shelter in place order. I agree to follow all pedestrian safety ordinances including running on a sidewalk where available and not on the road.  I agree to follow the rules of the road if no sidewalk or multi-use trail is available, and I will run against oncoming traffic and not with traffic. 
   
   I agree to abide by any decision of a race official relative to any aspect of my participation in this virtual event, including the right of any official to deny or suspend my participation for any reason whatsoever.  I attest that I having read the rules of the virtual race scheduled for January 8, 2021 - January 29, 2021, including the terms in this waiver, the timeline of the virtual event, and agree to abide by them.  I assume all risks to me associated with running on my own as part of this virtual activity, including but not limited to: falls, contact with other pedestrians, the effects of the weather, including high heat and/or humidity, traffic, and the conditions of the road or trail, all such risks being known or unknown and appreciated by me when out running on my own without any type of support from local officials or event organizers.
   
   Having read this waiver and knowing these facts and in consideration of your accepting my entry, I, for myself and anyone entitled to act on my behalf, waive and release the Baby Ray 5K or Mini Micah Marathon, ChronoTrack, Athlinks, and Life Time Inc., all event sponsors, their representatives and successors from all claims or liabilities of any kind arising out of my participation in this virtual event, and waive my ability to bring any legal action against the entities outlined in this waiver as I am voluntarily electing to run on my own as part of this virtual event.  I grant permission to all of the foregoing to use my photographs which I may share online as part of the event, personal data provided during registration and post-event reporting, video or audio recordings, or any other record of this event for any legitimate purpose.  I understand that this event does not provide for refunds in the event of a cancellation, and by signing this waiver, I consent that I am not entitled to a refund if the event is canceled before or during the event.  
3. ASSUMPTION OF RISK: I acknowledge that there are dangers, hazards, and risks of injury or damage, some of which are inherent in my presence at, or participation in, such as running, bicycling, swimming, or other participation, the Event.
   1. Risks.  Participation in the Event may be an extreme test of my physical and mental abilities. I understand the dangers, hazards, and risk of injury or damages (“Risks”) may include accidents, tripping, falling down, slips, loss of footing or balance, including “slip and falls”, illness, drowning, contact or collision with other participants, spectators, pedestrians, vehicles or other natural or manmade objects; danger from adverse weather, imperfect course conditions, participants of varying skill levels, 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, and inadequate safety measures; unmaintained and/or unmarked trails, roads, bridges, or other running surfaces; loss, theft, damage, or misuse to property or information, including vehicles, equipment, files or systems; equipment failure, malfunction or misuse; acts of terrorism or criminal activity.
   2. Injuries. I understand that such injuries and damages may include but are not limited to major or minor personal, physical, bodily, emotional, mental, economic, property, or other types of injuries or damages (“Injuries”) to me, Minor Participants, or other participants, including: death; the potential for serious bodily injury, permanent disability, paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, frostbite and/or hypothermia, dehydration, concussions, hearing loss, torn or damaged muscles or ligaments, broken bones, allergic reactions, burns, sprains, bruises and scrapes; aggravation of pre-existing injuries or medical conditions; pain and suffering; loss of consortium, love, affection, comfort, companionship, or care; complications arising from personal mental, physical, or emotional state, including emotional distress, embarrassment, humiliation, or shock; lost wages or lost earning capacity; and other disability, impairment, incapacity, accidents or incidents that may result in injury or damage.

I understand these Risks and Injuries (collectively, “Risks of Injury”) may be caused, in whole or in part, by my own actions or inactions, the actions or inactions of other participants, or by the NEGLIGENCE OF LIFE TIME, to me, Minor Participants, other participants, and/or other persons. I FULLY UNDERSTAND, AND VOLUNTARILY AND WILLINGLY ASSUME, THE RISKS OF INJURY.

3. MEDICAL RELEASE: I acknowledge that I am responsible for my own conduct, health, and safety and that Life Time is not responsible for any medical expenses incurred by me in connection with the Event.
4. RELEASE OF LIABILITY:  I voluntarily and forever release and discharge, covenant, and agree not to sue ChronoTrack, Athlinks,  Life Time, Inc., 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, State of Colorado and Boulder County (Individually and Collectively, the “Released Parties” or the “Event Organizers”), with respect to any liability, claims, demands, causes of action, damages, loss or expense (including court costs and reasonable attorneys’ fees) of any kind or nature, whether known or unknown (“Claim(s)”) from my presence at, or participation in, the Event, which may arise out of, result from, or relate to any alleged or actual NEGLIGENCE OF LIFE TIME or breach of any express or implied warranty of the Released Parties.   
   1. Negligence Claims. I understand that Negligence Claims include Life Time’s: negligent design, construction, repair, maintenance, operation, supervision, monitoring, or provision of the Event course; negligent failure to warn of or remove a hazardous, unsafe, dangerous, or defective condition; negligent failure to provide or keep the Event course in a reasonably safe condition; negligent provision of or failure to provide emergency care; negligent hiring, selection, training, instruction, certification, supervision, or retention of an employee, independent contractors or volunteers, negligent collection, use, disclosure, or storage of personal, sensitive or other information; or other negligent acts or omissions. I specifically agree that if I (on my own behalf or on behalf of another) assert a Negligence Claim against Life Time and/or breach my agreement not to sue Life Time, I will pay all reasonable fees (including attorneys’ fees), costs and expenses incurred by Life Time to defend the Negligence Claims and all other Claims based on the same facts.
5. INDEMNIFICATION:  I further agree that if despite this Agreement, I, or anyone on my behalf, makes a claim against any of the Released Parties, I agree to indemnify, defend and hold Life Time harmless to the fullest extent permitted by law from and against any Claim (including any Negligence Claim) asserted against Life Time by any other person (including but not limited to by any other participant, any family member who is not an Event participant, or any other person or entity) arising out of, resulting from, or caused by my participation in the Events, or the participation of children or other participants. My agreement to defend Life Time means that I will pay all of Life Time’s fees and costs incurred to defend a Claim from the date the Claim is asserted. My agreement to indemnify and hold Life Time harmless means that I will pay any settlement, judgment, or other damages, fees, or costs of any type incurred by Life Time to resolve the Claim.
6. PARENT OR GUARDIAN AGREEMENT:  If I am the parent or legal guardian of a participant under the age of 18, (“Minor Participant”), I acknowledge and represent to Life Time that I have the right and authority to make decisions concerning the care, custody, and control of each Minor Participant, including but not limited to the right and authority to execute this Agreement on the Minor Participant’s behalf. By signing this Agreement, I am binding each of my Minor Participant to its terms, including but not limited to the ASSUMPTION OF RISK, MEDICAL RELEASE, RELEASE OF LIABILITY, INDEMNIFICATION, IMAGE AND LIKENESS RELEASE, and DATA PRIVACY provisions. If despite this Agreement, I, or anyone on the minor’s behalf, makes a claim 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.    

IMAGE AND LIKENESS RELEASE: Life Time may take photographs, audio or video recordings, or testimonial accounts that may contain the name, image, voice, likeness, or account of me during the Event (“Images”). I hereby irrevocably consent to and grant Life Time the exclusive, worldwide, perpetual, royalty- 

1. free and otherwise unlimited right to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize any and all such Images (and the right to sublicense such images through unlimited levels of sub-licensees) in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating me in any way, and to authorize others to do the same. Without limiting the foregoing, I hereby consent to Life Time’s use of the Images for commercial and promotional use, including on social media. Life Time may change, modify, rearrange, add, delete, or otherwise alter such Images. I waive any right to inspect, approve, or edit such Images as used by Life Time.
2. DATA PRIVACY:  I understand Life Time is collecting Personally Identifiable Information (“PII”) through its subsidiaries, Athlinks, and ChronoTrack, for the purposes of completing my registration for and participation in the Event. If I have a pre-existing Athlinks or ChronoTrack account, I understand my PII may be shared with the Event Organizers in order to facilitate my registration for the Event. If I do not have a pre-existing Athlinks or ChronoTrack account, my PII will be input for purposes of registration for the Event and will be governed by the privacy policy found at https://athlinks.com/home/privacy.  I further agree to Life Time retaining my personal information for as long as permitted or required by applicable law or business practices.
3. DISMISSAL: I understand that the 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 am responsible for all costs of departure whether for medical reasons, dismissal, personal emergencies, or otherwise.
4. FORCE MAJEURE: If the Event or any portion thereof are canceled 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, racecourse 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" is canceled 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.
5. COMMUNICATIONS:  I expressly consent to allow Event Organizers to use my contact information that I have provided to Life Time, such as my phone number or email address, to contact me in the event that the Event is delayed, canceled, an emergency occurs, or to provide me with updates and relevant information regarding the Event.
6. ADDITIONAL TERMS: 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. I understand that the Event Organizer may assign this Form to other entities or individuals (“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. 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 the Event. If any provision of this Agreement is held to be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

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 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. 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.

Finally, I agree that if Kevin Smith, slow as he may be, beats my race time in either the Baby Ray 5K or Mini Micah Marathon, I will owe him and the entire ChronoTrack staff a free beer.