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. and its subsidiaries, affiliates,
employees, representatives, and agents (“Life Time”) allowing my participation
in the Esprit De She
event (the “Event” or “Events”); 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, 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 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.