(If under 18 years of age a parent or guardian must
read, check, and initial.) 2016 Leadville
Race Series WAIVER,
ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT <u>WARNING</u>:
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 Leadville Race Series 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, <i>no refunds, credits or transfers will be issued, granted or permitted</i>. 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.