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2015 Life Time Kids Tri Winona

June 6, 2015 8:00 AM CDT
Winona, MN

2014 Life Time Kids Tri Series

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(EVENT) 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 Life Time Trinona Kids Triathlon; 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.   
 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   


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Saint Mary's University of Minnesota
INFORMED CONSENT, LIABILITY RELEASE,
MEDICAL TREATMENT AUTHORIZATION AND PHOTO RELEASE
I hereby agree that my child may participate in the Saint Mary's University of Minnesota/Trinona youth triathlon. I understand the level of supervision to be provided, the number of potential participants, and the triathlon’s degree of difficulty. I understand and acknowledge that certain risks (including death, injury, serious neck and spinal injuries, paralysis, brain damage, and injury to vital organs, bones, joints, muscles, and tendons) are associated with the athletic activity of the triathlon. I understand and acknowledge that my child must follow the rules, regulations, and instructions provided by the staff of the triathlon. I certify that my child is medically fit to participate in the triathlon. In consideration of the enrollment of my child in this triathlon, I assume all risks in connection with the triathlon, including risks of harm, injury or damage to my child. I hereby release Saint Mary's University of Minnesota (the University), its agents, and employees from any and all damages, claims, and causes of action whatsoever for any loss or injury suffered by me/us or my child, including any damages, claims or causes of action which may result from the negligence of the University, its agents, or employees. I agree to save and hold harmless the University, its agents, and employees from any claim by me or my child or my child's estate arising out of my child's enrollment and participation in the triathlon. I intend by this instrument to exempt and release the University, its agents and employees from all liability whatsoever for personal injury, property damage, or wrongful death caused by negligence. In consideration of my child’s enrollment in the triathlon, I do hereby grant permission to the staff and physicians of the University, any medical or surgical consultants deemed advisable, and any hospital to render to my child any medical and surgical treatment that they deem necessary. I understand that all possible effort will be made to inform me in case of such treatment. I agree to be personally responsible for any related medical expenses. On behalf of my child and myself, I release the University, its agents, and employees from any liability arising out of the medical and surgical treatment obtained. I authorize the University to release medical information regarding my child to interested parties including physicians and athletic trainers. I give the University and Trinona, LLC the absolute right and permission to use photographs taken of my child in promotional materials and publicity efforts, without further notice to me. I understand that the photographs may be used in recruiting brochures, newsletters, magazines, other publications, print ads, direct-mail pieces, electronic media (e.g. video, CD-ROM, Internet/www, websites), or other forms of promotion. I hereby waive any right to inspect or approve the finished photographs or printed or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown. I waive any right to royalties or other compensation arising from or related to the use of the photograph. I hereby release the University and its officers, agents or employees, including any firm publishing and/or distributing the finished product in whole or in part, whether on paper or via electronic media, from and against any claims, damages or liability arising from or related to the use of the photographs, including but not limited to any misuse, distortion, blurring, alteration, optical illusion or use in composite form, either intentionally or otherwise, that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution. 

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The Life Time Foundation aims to inspire healthy people and a healthy planet – one mission at a time. With a goal of ensuring every child has a healthy start in life, our current mission is all about improving children’s nutrition, beginning with healthy eating and exercise at school and home. Because Life Time Fitness, Inc. contributes all administrative costs, 100% of every dollar donated to the Life Time Foundation directly supports our missions www.ltffoundation.org


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