By checking the box below, you agree, warrant and covenant as follows: I, in consideration for LIFE TIME FITNESS, Inc. ("LTF") allowing my participation in the LIFE TIME FITNESS The Ride of a Lifetime ("Ride of a Lifetime"), acknowledge that my participation in the Ride of a Lifetime entails inherent risks such as death, injury and damage to property. Those risks include, but are not limited to, death, injuries and damages resulting from the following: 1. 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 Ride of a Lifetime; or the negligence of any applicable governmental entities; 2. Slips, trips, falls, crashes or other such accidents that occur while participating in the Ride of a Lifetime, or which may be caused by other persons' participation in the Ride of a Lifetime; and 3. 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 Ride of a Lifetime; (iii) any sponsor of the Ride of a Lifetime, 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 death, injuries or damages to property, even if their individual or collective negligence contributes to such death, injuries or damages. I certify to LTF that I am twelve (12) years of age or older, physically fit, have sufficiently trained for participating in the Ride of a Lifetime, and have not been advised against participating in the Ride of a Lifetime by a qualified health professional. I freely and voluntarily assume complete personal responsibility for all risks and for my death or any injury or damage that may occur to me or my property as a result of these risks, even if such death, injury 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 my death or any injury or damage that I sustain I have read this Assumption of Risk thoroughly and understand the terms. My participation in the Ride of a Lifetime and my agreement to this Assumption of Risk are both purely voluntary and I elect to do so in spite of the risks. 1. Authority to Register and/or to Act as Agent. You represent and warrant to TST Media, LLC creators of NGIN. ("TST Media") that you have full legal authority to complete this event registration on TST Media, including full authority to make use of the credit or debit card to which registration fees will be charged. In addition, if you are registering third parties, you represent and warrant that you have been duly authorized to act as agent on behalf of such parties in performing this event registration. By proceeding with this event registration, you agree that the terms of this Registration Agreement shall apply equally to you and to any third parties for whom you are acting as agent. Compliance with Children's Online Privacy Protection Act (COPPA). You represent and warrant that, in compliance with COPPA, you are over thirteen (13) years of age, and that if you are registering a child under fourteen (14) years of age you are the parent of such child, and do hereby consent to the collection of such child's personal information by TST Media. 2. Limitation of Liability; Disclaimer of Warranties. TST Media SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE TST Media OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH TST Media OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF TST Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF TST Media IS AT YOUR SOLE RISK. TST Media IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TST Media EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TST Media makes no warranty that the TST Media sites' services will be uninterrupted, secure or error free. TST Media does not guarantee the accuracy or completeness of any information in, or provided in connection with, the TST Media sites. TST Media is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the TST Media sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data. 3. Indemnification. You agree to indemnify and hold each of TST Media and its officers and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of TST Media or the violation of any term of this Liability Waiver or the TST Media Terms of Service by you. 4. Applicable Law; Consent to Jurisdiction. The TST Media sites (excluding linked sites) are controlled by TST Media from its offices within the State of Minnesota, United States of America. By completing this event registration, both you and TST Media agree that the statutes and laws of the State of Minnesota, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Liability Waiver, or other use of the TST Media sites. You agree that exclusive jurisdiction for any dispute with TST Media resides in the courts of the State of Minnesota and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Minnesota in connection with any dispute including any claim involving TST Media or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. 5. Severability. If any provision of this Liability Waiver shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Liability Waiver and shall not affect the validity and enforceability of any remaining provisions. Photo Waiver You must be 12 years or older to register for this event By checking the box below, you agree, warrant and covenant as follows: For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby irrevocably consent to and grant LIFE TIME FITNESS, Inc., a Minnesota corporation ("LIFE TIME FITNESS"), and/or anyone authorized by LIFE TIME FITNESS, the right to use and/or reproduce (i) any and all photographs which I may provide to LIFE TIME FITNESS that contain my person, image or likeness; (ii) any and all audio recordings which I may provide to LIFE TIME FITNESS that contain my person, name or voice; and/or (iii) any and all video recordings which I may provide to LIFE TIME FITNESS that contain my person, image, likeness, name or voice; for any lawful purpose whatsoever in connection with the LIFE TIME FITNESS Triathlon and its related events. LIFE TIME FITNESS acknowledges that it shall have no proprietary rights to any photographs, audio recordings and video recordings provided to it by the undersigned.
Moreover, I understand that LIFE TIME FITNESS, and/or those authorized by LIFE TIME FITNESS, will be taking photographs and making audio and video recordings of the LIFE TIME FITNESS Triathlon and its related events. I hereby irrevocably consent to and grant LIFE TIME FITNESS, and/or anyone authorized by LIFE TIME FITNESS, the exclusive right to the ownership and use of (i) any and all photographs taken by LIFE TIME FITNESS, and/or those authorized by LIFE TIME FITNESS, that contain my person, image or likeness; (ii) any and all audio recordings made by LIFE TIME FITNESS, and/or anyone authorized by LIFE TIME FITNESS, that contain my person, name or voice; and/or (iii) any and all video recordings made by LIFE TIME FITNESS, and/or anyone authorized by LIFE TIME FITNESS, that contain my person, image, likeness, name or voice; for any lawful purpose whatsoever in connection with the LIFE TIME FITNESS Triathlon and its related events.
I have read this Release thoroughly and understand the terms. My agreement to this Release is purely voluntary.