I, the undersigned, in consideration for LIFE TIME FITNESS, Inc. and its subsidiaries, affiliates, employees, representatives, and agents ("LTF") allowing my participation in the LIFE TIME FITNESS Minneapolis Triathlon, acknowledge that my participation in the Minneapolis Triathlon entails inherent risks, including but not limited to injury, death, and damage to property resulting from the following: (i) the negligence of LTF, its owners, employees, representatives, volunteers or agents; the negligence of guests, visitors or persons who may be present at or participating in the Minneapolis Triathlon; or the negligence of any applicable governmental entities; (ii) slips, trips, falls, crashes or other such accidents that occur while participating in the Minneapolis Triathlon, or which may be caused by other persons' participation in the Minneapolis Triathlon; (iii) the negligence or lack of adequate training of LTF's employees, representatives, volunteers, or agents who seek to assist with medical or other help either before or after injuries have occurred. I agree to release from all liability, discharge and promise not to take legal action against: (i) LTF, its directors, owners, employees, representatives, volunteers or agents, (ii) any guest, visitor or person present or participating in the Minneapolis Triathlon; (iii) any sponsor of the Minneapolis Triathlon, their directors, owners, employees, representatives, volunteers or agents; or (iv) any applicable governmental entities, their directors, employees, representatives, volunteers or agents. I agree to release the aforementioned persons from any liability to me, my heirs, next of kin, assigns or personal representatives for any losses, damages, claims or demand arising out of my injuries, death, or damages to property, even if their individual or collective negligence contributes to such injuries, death or damages. I certify to LTF that I am eighteen (18) years of age or older, physically fit, have sufficiently trained for participating in the Minneapolis Triathlon, and have not been advised against participating in the Minneapolis Triathlon by a qualified health professional. I freely and voluntarily assume complete personal responsibility for all risks and for any injury, death or damage that may occur to me or my property as a result of these risks, even if such injury, death, or damage occurs in a manner that is not foreseeable to me at this time. I realize that by voluntarily assuming the risks involved, I will be solely responsible for any injury, death, or damage that I sustain. I have read and understand the terms above. My participation in the Minneapolis Triathlon and my execution of this Assumption of Risk are both purely voluntary and I elect to do so in spite of the risks. Moreover, I understand that LTF, and/or those authorized by LTF, will be taking photographs and making audio and video recordings of the Minneapolis Triathlon and its related events. I hereby irrevocably consent to and grant LTF, and/or anyone authorized by LTF, the exclusive right to the ownership and use of (i) any and all photographs taken by LTF, and/or those authorized by LTF, that contain my person, image or likeness; (ii) any and all audio recordings made by LTF, and/or anyone authorized by LTF, that contain my person, name or voice; and/or (iii) any and all video recordings made by LTF, and/or anyone authorized by LTF, that contain my person, image, likeness, name or voice; for any lawful purpose whatsoever in connection with LTF and its related events.
Please sign/Accept the USAT and Life Time Waivers below IN CONSIDERATION of USA Triathlon (“USAT”) allowing me to participate in any USAT sanctioned event (the “Event” or “Events”) as either a member of USAT or through the issuance of a single event license or permit; I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, 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. I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event. 2. I understand and acknowledge the physical and mental rigors associated with triathlon, duathlon, or other multi-sport events, and realize that running, bicycling, swimming and other portions of such Events are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and death; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined harm or damage which may not be readily foreseeable, and other presently unknown risks and dangers (“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 negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in the Event. 3. I agree to be familiar with and abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted by USAT and the Guide to Prohibited Substances and Prohibited Methods of Doping adopted by the United States Anti-Doping Agency. I also accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment. 4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: USAT, the Event Organizers and Promoters, Race Directors, Sponsors, Advertisers, 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”) which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the negligence of the Released Parties. 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 any may be incurred as the result of such claim. I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, 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.