SALT LAKE CITY MARATHON/HALF/RUN/10K
SKATE/BIKE TOUR 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 Salt Lake City Marathon/Half/Run/Skate/Bike; 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, skating, 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.
Bike/Skate: Helmets are mandatory.
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. As
the Parent and/or Legal Guardian to the minor identified above, I hereby accept
and agree to all of the terms and conditions of this Agreement in connection
with the minor’s participation in the Event(s). If, despite this Agreement, I,
or anyone on the minor’s 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 Liabilities which any may be incurred as the result
of such claim. PARENT/GUARDIAN SIGNATURE
(required if participant is under the age of 18
Relay Team Captains ONLY: I am electronically signing to the terms outlined
above, on behalf of each member of my relay team.