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Waiver
Volunteer Liability Waiver and Agreement - Sea Otter Classic Foundation
WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE THE SEA OTTER CLASSIC FOUNDATION, INC., ITS SUBSIDIARIES, AFFILIATES, 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.
The Sea Otter Classic Foundation (“Foundation”), schedules and coordinates Volunteers for the Life Time Sea Otter Classic (the “Event”) to be held inclusive of April 10-13, 2025, at the Laguna Seca Recreation Area, Fort Ord National Monument, and surrounding area within Monterey County.
By signing below, I, the Volunteer, agree that:
1. Policies and Safety Rules. For my safety and that of others, I will comply with all volunteer policies, safety rules and other directions for all volunteer activities for the above dates and Event. If I become aware of any hazardous condition or danger at the Event, I will alert my Volunteer manager.
2. Awareness and Assumption of Risk. I understand that cycling activities have inherent risks that may arise from the activities themselves, my own actions or inactions, or the actions or inactions of the Foundation, their directors, officers, employees and agents, other volunteers, and others present at the Event. These risks may arise from: risks inherent at the Event and communicable diseases (including COVID-19). I further understand that it is not possible for anyone to eliminate such inherent risks and that such risks exist by the very nature of Event activities. I assume full responsibility for any and all risks of bodily injury, death or property damage caused by or arising directly or indirectly from my presence at or participation in activities at the Event, regardless of the cause.
3. Waiver and Release of Claims. In consideration for my participation as a volunteer at the Event, I waive and release, on behalf of myself, my personal representatives, assigns, heirs, and next of kin: the Foundation, and their directors, officers, agents, employees, other volunteers and affiliates; the promoters, participants, rescue personnel, sponsors, advertisers, owners and lessees of premises used to conduct the Event, and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or Event and each of them, their directors, officers, agents, employees, representatives, owners, members, affiliates, successors and assigns, (all for the purposes herein referred to as the "Released Parties”) FROM ANY AND ALL LIABILITY, LOSS, DAMAGES, OR CLAIMS, INCLUDING ATTORNEY’S FEES OR ANY OTHER ASSOCIATED COSTS OF ANY KIND, ON ACCOUNT OF INJURY TO ME OR MY PROPERTY, OR RESULTING IN MY DEATH, ARISING OUT OF OR RELATED TO MY PARTICIPATION AS A VOLUNTEER AT THE EVENT, WHETHER CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE. I agree not to sue any of the Released Parties on the basis of these waived and released claims.
4. Medical Care Consent and Waiver. I authorize the Event to provide me first aid and, through medical personnel of its choice, medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon the Event to provide such assistance, transportation, or services. In addition, I waive and release any claims against the Released Parties arising out of any first aid, treatment, or medical service, including the lack or timing of such, made in connection with my volunteer activities for the Event.
5. Indemnification. I will defend, indemnify, and hold the Foundation and their officers, agents, employees, and contractors harmless from and against any and all liability, loss, damages, claims and attorney’s fees or any other associated costs of any kind that are caused by me or arise out of my participation in providing volunteer services.
6. Confidentiality. As a volunteer, I may have access to confidential information. At all times during and after my participation, I agree to hold any such confidential information in confidence and not disclose or use it except as required in my Event volunteer activities or as expressly authorized in writing.
7. Publicity. I consent to the use by the Foundation of my image, voice, name and/or story in any format, including video, print, or electronic (collectively, the “Materials”), as Foundation may deem appropriate to promote its programs. The Life Time Sea Otter Classic may make the Materials available at its discretion to third parties, on Event website, in publications, or through any other media, including social networking websites. I waive any right to inspect or approve the finished product or to receive any payment. I grant to the Foundation all copyrights in the Materials and waive any legal claims, including those relating to copyright, or rights of publicity or privacy.
8. Volunteer Not an Employee. I understand that (i) I am not an employee of the Foundation, (ii) that I will not be paid for my participation, (iii) I am not protected by or subject to California or federal breaks, wage, and hour laws, and (iv) I may not be covered by or eligible for any Foundation insurance, health care, worker’s compensation, or other benefits. I may choose at any time not to participate in an activity, or to stop my participation entirely, with the Event. I have my own medical or healthcare insurance coverage.
9. SPECTATOR. I UNDERSTAND THAT THIS AGREEMENT WILL BE BINDING FOR THE DURATION OF MY VOLUNTEER SERVICES AT THE EVENT(S). I UNDERSTAND THAT BEFORE OR AFTER ANY SPECIFIC VOLUNTEER SHIFT, OR ADDITIONAL EVENT DAYS, I MAY HAVE THE OPPORTUNITY TO REMAIN AT THE LAGUNA SECA RECREATION AREA AS A SPECTATOR FOR THE APPLICABLE EVENT. I FURTHER UNDERSTAND AND AGREE THAT IF I REMAIN AS A SPECTATOR AT AN EVENT, I WILL NO LONGER BE CONSIDERED A VOLUNTEER AND ALL OF THE GENERAL TERMS AND CONDITIONS APPLICABLE TO THE GENERAL SPECTATOR AND/OR PUBLIC SHALL APPLY TO ME WHILE I AM A SPECTATOR.
10. Exclusive Agreement. This is the final, complete, and exclusive agreement between the Foundation, and me, and supersedes all prior or contemporaneous communications or understandings, either oral or written. This agreement will be binding to the fullest extent permitted by law. If any provision of this agreement is found to be illegal, invalid or unenforceable, the remaining terms will be effective.
I have read this agreement and understand its terms and that I am giving up certain legal rights by signing it. I sign it freely and voluntarily for the Event listed and scheduled as presented in this waiver.
ATHLETIC EVENTS VOLUNTEER WAIVER - LIFE TIME SEA OTTER CLASSIC
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, INC., ITS SUBSIDIARIES, AFFILIATES, 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 LTF Triathlon Series, LLC. and its subsidiaries, affiliates, employees, representatives, and agents (“Life Time”) allowing my participation as a volunteer in the Life Time Sea Otter Classic including as a volunteer for the race, finish festival, expos, and any other event-related activity (the “Event”); 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, Arbitration, and Indemnity Agreement (the “Agreement”);
1. VOLUNTEER REPRESENTATION. I hereby represent that (i) I am in good health and physically fit to participate as a volunteer for the Event; (ii) have not been advised against volunteering for the Event by a qualified health professional; (iii) I am at least 18 years of age (or this agreement is agreed to by my parent, natural guardian, or legal guardian); (iv) I will abide by any and all venue rules, restrictions, and instructions provided by Life time and/or the Event Organizer (as defined below); (v) I will abide by the Proper Conduct rules set out in Section 7 of this Agreement; and (vi) I will obey any and all laws, regulations, and local ordinances, including, but not limited to, traffic regulations. I understand that I should not volunteer unless medically able and represent that I am in good health and physically fit to volunteer. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate as a volunteer for the Event.
2. NO EMPLOYMENT RELATIONSHIP. I hereby understand and agree that as a volunteer, I am not, will not be considered, and will not become an employee of Life Time within the meaning or application of any federal, provincial, state, county, or local laws or regulations by virtue of my provision of volunteer services to Life Time under this Agreement.
3. ASSUMPTION OF RISK. I understand and acknowledge that the Athletic Event in which I am serving as a volunteer is an event of Life Time. I understand and acknowledge that there are dangers, hazards, and risk of injury or damages, including but not limited to physical and property damages, by volunteering at the Event, whether on or off Life Time premises, including but not limited to the organization, oversight and active monitoring of the run, bike and swim events, as well as all set-up and transferring of equipment and the race course. I understand and agree that volunteering involves many risks and hazards, some of which are inherent to the very nature of the activities involved in the volunteering, others of which may result from negligence, including but not limited to: tripping or falling for any reason; injuries from lifting; collisions or accidents with other volunteers, Event participants, spectators, media personnel, medical personnel, pedestrians, vehicles or other natural or manmade objects; contraction of an infectious disease or illness; equipment failure; danger from adverse weather; exposure to extreme conditions and cirumstances; criminal acts or acts of terrorism by third parties; and travel to and from different areas of the race course. I agree that if I believe conditions are unsafe, I will immediately discontinue participating in such volunteer activity or service. I understand and agree that these risks may result in major or minor injury, harm or damage, including but not limited to economic, property, emotional, mental, physical or any other type of damage, including but not limited to bruises; scrapes; sprains; torn muscles or ligaments; broken bones; strokes; heart stress; heart attacks; paralysis; disfigurement; heat stress and/or heat stroke; frost bite and/or hypothermia; dehyrdration; concussion; contraction of infectious diseases or illnesses; aggravation of pre-existing injuries or medical conditions; death; complications arising from personal, mental, physical or emotional state, including emotional distress, embarrassment, humiliation, or shock;or other forms of pain or suffering (“Risks”). I fully understand, voluntarily accept, and specifically assume responsibility for these risks of injury. I understand these Risks may be caused, in whole or in part, by my own actions or inactions, the actions or inactions of other volunteers, spectators, media personnel, representatives, subcontractors, medical personnel or Event participants, or by the NEGLIGENCE OF LIFE TIME, to me, minor volunteers, Event volunteers, and/or other persons. I FULLY UNDERSTAND AND VOLUNTARILY AND WILLINGLY ASSUME THE RISKS.
4. MEDICAL RELEASE. I authorize Event staff, representatives, contractors, subcontractors, or other medical personnel to obtain or provide medical care for me, to transport me to a medical facility, and to provide treatment (including but not limited to evacuation, hospitalization, blood transfusions, surgery, medications, etc.) they consider necessary for my health. I consent to emergency care by Life Time for me. I agree to pay all costs associated with that care and transportation. I agree to the release (to Life Time, insurance carriers, other health care providers and their staff, representatives, or contractors) of any medical information or records necessary for treatment, referral, billing, or other purposes. I acknowledge that I am responsible for my own conduct, health, and safety, and that Life Time is not responsible for any medical expenses incurred by me in connection with the Event. I further acknowledge and agree that if I refuse any medical treatment that is recommended by Event staff, other volunteers, representatives, contractors, subcontractors, or medical personnel, that I am doing so at my own risk.
5. RELEASE OF LIABILITY. I hereby Release, Waive and Covenant Not to Sue: Life Time (including, without limitation, Life Time, Inc. and LTF Triathlon Series, LLC, and their subsidiaries and affiliates), any Event sponsor, exhibitor, and vendor; any host city or host county; local organizing committee; venue or property owner upon which the Event takes place; law enforcement agency or any other public entity providing support for the Event; and each of their respective insurance companies, parent, subsidiary and affiliated companies, successors in interest, commercial and corporate sponsors, officers, directors, partners, shareholders, members, agents, employees, subcontractors, and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), ATHLETIC EVENTS VOLUNTEER WAIVER demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (“Claim(s)”) from my use of, presence at or participation in the Event, which may arise out of, result from, or relate to the alleged or actual negligence or breach of any express or implied warranty of the Released Parties.
6. INDEMNIFICATION. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a Claim against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Claim which may be incurred as the result of such Claim. I agree to pay all costs and attorney’s fees incurred by any Released Party in defending a Claim brought by or on behalf of myself. I further agree to indemnify, defend, and hold Life Time harmless to the fullest extent permitted by law from and against any Claims brought by a third party arising out of, resulting from, or related to (i) my breach of this Agreement or (ii) any illness, bodily injury, or death of any person, or any property damage to real or tangible personal property caused by (a) my participation as volunteer at the Event or (b) my presence at the Event.
7. PROPER CONDUCT. I acknowledge and agree that by participating as a volunteer at, or being present at, the Event, I must conduct myself in a proper, appropriate, and respectful manner at all times. I agree that I will not act disrespectfully towards Life Time, any Event Organizer, participants, or any other person. Disrespectful conduct may include, but is not limited to, being vulgar, profane, indecent, offensive, hateful, discriminatory, violent, hostile, aggressive, threatening, harassing, stalking, fraudulent, or any other conduct or communications that Life Time, in its sole discretion, deems inappropriate. I understand that Life Time reserves the right, in its sole discretion, to (i) immediately dismiss me from the Event and/or (ii) ban me temporarily or for life from participating as a volunteer in any future events hosted by or affiliated with Life Time if Life Time deems my conduct improper, inappropriate, or disrespectful. If I am dismissed or expelled for improper, inappropriate, or disrespectful, I agree I am responsible for all costs of dismissal.
8. IMAGE LIKENESS RELEASE AND AUTHORIZATION. 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 (collectively, the “Images”) and its related events. I hereby irrevocably consent to and grant Life Time and/or anyone authorized by Life Time, the exclusive, worldwide, perpetual, royalty-free, and otherwise unlimited right to the use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize any and all such Images (and the right to sublicense such Images through unlimited levels of sub-licensees) in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating me in any way, and to authorize others to do the same.
9. DISMISSAL; DEPARTURE. I understand that Event Organizer reserves the right, in its sole discretion, to dismiss any volunteer from the activities. I further understand that I have the right, in my sole discretion, to depart from the Event for any reason. If I am dismissed or depart for any reason, I agree I am responsible for all costs of departure whether for medical reasons, dismissal, personal emergencies, or otherwise.
10. GOVERNING LAW. This Agreement is governed in accordance with the laws of the State of Minnesota, without regard to principles of conflict of laws.
11. ARBITRATION. I understand and agree that any disputes which may arise regarding the interpretation or application of this Agreement, or that in any way relate to my relationship with Life Time, will be resolved through a process of binding arbitration (“Potential Claims”). I agree not to bring or participate in any class arbitration, class action, or collective action against Life Time that asserts any of the Potential Claims. The arbitrator will be chosen from among a randomly selected panel of five retired Hennepin County or Minnesota federal judges who are registered Rule 114 qualified neutral arbitrators. Each side shall have the right to strike two arbitrators from the list. The remaining arbitrator shall arbitrate any dispute in accordance with the Employment Arbitration Rules of the American Arbitration Association (“AAA”) and the Uniform Arbitration Act. The prevailing party in any arbitration shall be entitled to recover its attorneys’ fees and costs incurred to enforce this Agreement. This Agreement does not affect my right to file a charge with, make a complaint to, participate in a charge made to, or bring any matter to the attention of a federal, state, or local agency or administrative body; however, I can only seek monetary relief for a Potential Claim through the arbitration procedure outlined in this Agreement. I agree to waive any and all rights to a trial by jury on the Potential Claims. I agree not to bring or participate in any class action or collective action against Life Time in any forum, including but not limited to arbitration or court, that asserts, in whole or in part, any claims that arose before I signed this Agreement, whether or not such claims (if brought by me individually) are covered by this Agreement. However, I am not releasing my right to participate in any putative or certified class actions that were filed before I signed this Agreement.
12. ASSIGNMENT. I understand that Life Time may assign this Agreement to other entity/s or individual/s (“Assignees”) at any time, and any such assignment will grant assignees the full rights and protections accorded in this Agreement, consistent with Event Organizer’s and other Released Parties’ rights and protections under this Agreement.
13. NOTICE TO MEDICAL PROFESSIONALS. I understand that Life Time does not insure me for any activities that I may be involved in as a volunteer providing medical services for Life Time. Any insurance coverage related to my provision of medical services would be through personal insurance, and Life Time has no responsibility or liability for claims of injury resulting from my provision of medical services. I understand that Life Time is under no obligation to provide, carry or maintain medical malpractice insurance coverage for any medical professional Volunteer. ATHLETIC EVENTS VOLUNTEER WAIVER
14. ELECTRONIC SIGNATURES. Any electronic signature of a party, whether encrypted or signed, scanned, and uploaded, is considered valid and effectively binds the party to the Agreement. An electronically signed document, including the Agreement, will be deemed (i) “written” or “in writing”, (ii) signed, and (iii) constitutes a record established and maintained in the ordinary course of business and an original written record when printed from electronic files.
15. ADDITIONAL TERMS: 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. This Agreement is effective in regard to my enrollment or participation in the Event from the date signed through the completion of the Event, and this Agreement shall remain in full force and effect following completion of the Event. Unless otherwise stated herein, I agree that the contents of this Agreement will take precedence over any other forms or contracts I may sign in connection with the Event. 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. I agree I have read this Agreement carefully, understand its terms and conditions, understand that I will be giving up substantial legal rights by signing it, 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. If I sign this agreement both online and on-site at the Event, I agree that the executed on-site version of this agreement shall be binding against me and shall govern over the executed online version of the agreement as the on-site version may be amended from the online version.
Volunteer Liability Waiver and Agreement - Sea Otter Classic Foundation
WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE THE SEA OTTER CLASSIC FOUNDATION, INC., ITS SUBSIDIARIES, AFFILIATES, 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.
The Sea Otter Classic Foundation (“Foundation”), schedules and coordinates Volunteers for the Life Time Sea Otter Classic (the “Event”) to be held inclusive of April 10-13, 2025, at the Laguna Seca Recreation Area, Fort Ord National Monument, and surrounding area within Monterey County.
By signing below, I, the Volunteer, agree that:
1. Policies and Safety Rules. For my safety and that of others, I will comply with all volunteer policies, safety rules and other directions for all volunteer activities for the above dates and Event. If I become aware of any hazardous condition or danger at the Event, I will alert my Volunteer manager.
2. Awareness and Assumption of Risk. I understand that cycling activities have inherent risks that may arise from the activities themselves, my own actions or inactions, or the actions or inactions of the Foundation, their directors, officers, employees and agents, other volunteers, and others present at the Event. These risks may arise from: risks inherent at the Event and communicable diseases (including COVID-19). I further understand that it is not possible for anyone to eliminate such inherent risks and that such risks exist by the very nature of Event activities. I assume full responsibility for any and all risks of bodily injury, death or property damage caused by or arising directly or indirectly from my presence at or participation in activities at the Event, regardless of the cause.
3. Waiver and Release of Claims. In consideration for my participation as a volunteer at the Event, I waive and release, on behalf of myself, my personal representatives, assigns, heirs, and next of kin: the Foundation, and their directors, officers, agents, employees, other volunteers and affiliates; the promoters, participants, rescue personnel, sponsors, advertisers, owners and lessees of premises used to conduct the Event, and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or Event and each of them, their directors, officers, agents, employees, representatives, owners, members, affiliates, successors and assigns, (all for the purposes herein referred to as the "Released Parties”) FROM ANY AND ALL LIABILITY, LOSS, DAMAGES, OR CLAIMS, INCLUDING ATTORNEY’S FEES OR ANY OTHER ASSOCIATED COSTS OF ANY KIND, ON ACCOUNT OF INJURY TO ME OR MY PROPERTY, OR RESULTING IN MY DEATH, ARISING OUT OF OR RELATED TO MY PARTICIPATION AS A VOLUNTEER AT THE EVENT, WHETHER CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE. I agree not to sue any of the Released Parties on the basis of these waived and released claims.
4. Medical Care Consent and Waiver. I authorize the Event to provide me first aid and, through medical personnel of its choice, medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon the Event to provide such assistance, transportation, or services. In addition, I waive and release any claims against the Released Parties arising out of any first aid, treatment, or medical service, including the lack or timing of such, made in connection with my volunteer activities for the Event.
5. Indemnification. I will defend, indemnify, and hold the Foundation and their officers, agents, employees, and contractors harmless from and against any and all liability, loss, damages, claims and attorney’s fees or any other associated costs of any kind that are caused by me or arise out of my participation in providing volunteer services.
6. Confidentiality. As a volunteer, I may have access to confidential information. At all times during and after my participation, I agree to hold any such confidential information in confidence and not disclose or use it except as required in my Event volunteer activities or as expressly authorized in writing.
7. Publicity. I consent to the use by the Foundation of my image, voice, name and/or story in any format, including video, print, or electronic (collectively, the “Materials”), as Foundation may deem appropriate to promote its programs. The Life Time Sea Otter Classic may make the Materials available at its discretion to third parties, on Event website, in publications, or through any other media, including social networking websites. I waive any right to inspect or approve the finished product or to receive any payment. I grant to the Foundation all copyrights in the Materials and waive any legal claims, including those relating to copyright, or rights of publicity or privacy.
8. Volunteer Not an Employee. I understand that (i) I am not an employee of the Foundation, (ii) that I will not be paid for my participation, (iii) I am not protected by or subject to California or federal breaks, wage, and hour laws, and (iv) I may not be covered by or eligible for any Foundation insurance, health care, worker’s compensation, or other benefits. I may choose at any time not to participate in an activity, or to stop my participation entirely, with the Event. I have my own medical or healthcare insurance coverage.
9. SPECTATOR. I UNDERSTAND THAT THIS AGREEMENT WILL BE BINDING FOR THE DURATION OF MY VOLUNTEER SERVICES AT THE EVENT(S). I UNDERSTAND THAT BEFORE OR AFTER ANY SPECIFIC VOLUNTEER SHIFT, OR ADDITIONAL EVENT DAYS, I MAY HAVE THE OPPORTUNITY TO REMAIN AT THE LAGUNA SECA RECREATION AREA AS A SPECTATOR FOR THE APPLICABLE EVENT. I FURTHER UNDERSTAND AND AGREE THAT IF I REMAIN AS A SPECTATOR AT AN EVENT, I WILL NO LONGER BE CONSIDERED A VOLUNTEER AND ALL OF THE GENERAL TERMS AND CONDITIONS APPLICABLE TO THE GENERAL SPECTATOR AND/OR PUBLIC SHALL APPLY TO ME WHILE I AM A SPECTATOR.
10. Exclusive Agreement. This is the final, complete, and exclusive agreement between the Foundation, and me, and supersedes all prior or contemporaneous communications or understandings, either oral or written. This agreement will be binding to the fullest extent permitted by law. If any provision of this agreement is found to be illegal, invalid or unenforceable, the remaining terms will be effective.
I have read this agreement and understand its terms and that I am giving up certain legal rights by signing it. I sign it freely and voluntarily for the Event listed and scheduled as presented in this waiver.
ATHLETIC EVENTS VOLUNTEER WAIVER - LIFE TIME SEA OTTER CLASSIC
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, INC., ITS SUBSIDIARIES, AFFILIATES, 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 LTF Triathlon Series, LLC. and its subsidiaries, affiliates, employees, representatives, and agents (“Life Time”) allowing my participation as a volunteer in the Life Time Sea Otter Classic including as a volunteer for the race, finish festival, expos, and any other event-related activity (the “Event”); 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, Arbitration, and Indemnity Agreement (the “Agreement”);
1. VOLUNTEER REPRESENTATION. I hereby represent that (i) I am in good health and physically fit to participate as a volunteer for the Event; (ii) have not been advised against volunteering for the Event by a qualified health professional; (iii) I am at least 18 years of age (or this agreement is agreed to by my parent, natural guardian, or legal guardian); (iv) I will abide by any and all venue rules, restrictions, and instructions provided by Life time and/or the Event Organizer (as defined below); (v) I will abide by the Proper Conduct rules set out in Section 7 of this Agreement; and (vi) I will obey any and all laws, regulations, and local ordinances, including, but not limited to, traffic regulations. I understand that I should not volunteer unless medically able and represent that I am in good health and physically fit to volunteer. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate as a volunteer for the Event.
2. NO EMPLOYMENT RELATIONSHIP. I hereby understand and agree that as a volunteer, I am not, will not be considered, and will not become an employee of Life Time within the meaning or application of any federal, provincial, state, county, or local laws or regulations by virtue of my provision of volunteer services to Life Time under this Agreement.
3. ASSUMPTION OF RISK. I understand and acknowledge that the Athletic Event in which I am serving as a volunteer is an event of Life Time. I understand and acknowledge that there are dangers, hazards, and risk of injury or damages, including but not limited to physical and property damages, by volunteering at the Event, whether on or off Life Time premises, including but not limited to the organization, oversight and active monitoring of the run, bike and swim events, as well as all set-up and transferring of equipment and the race course. I understand and agree that volunteering involves many risks and hazards, some of which are inherent to the very nature of the activities involved in the volunteering, others of which may result from negligence, including but not limited to: tripping or falling for any reason; injuries from lifting; collisions or accidents with other volunteers, Event participants, spectators, media personnel, medical personnel, pedestrians, vehicles or other natural or manmade objects; contraction of an infectious disease or illness; equipment failure; danger from adverse weather; exposure to extreme conditions and cirumstances; criminal acts or acts of terrorism by third parties; and travel to and from different areas of the race course. I agree that if I believe conditions are unsafe, I will immediately discontinue participating in such volunteer activity or service. I understand and agree that these risks may result in major or minor injury, harm or damage, including but not limited to economic, property, emotional, mental, physical or any other type of damage, including but not limited to bruises; scrapes; sprains; torn muscles or ligaments; broken bones; strokes; heart stress; heart attacks; paralysis; disfigurement; heat stress and/or heat stroke; frost bite and/or hypothermia; dehyrdration; concussion; contraction of infectious diseases or illnesses; aggravation of pre-existing injuries or medical conditions; death; complications arising from personal, mental, physical or emotional state, including emotional distress, embarrassment, humiliation, or shock;or other forms of pain or suffering (“Risks”). I fully understand, voluntarily accept, and specifically assume responsibility for these risks of injury. I understand these Risks may be caused, in whole or in part, by my own actions or inactions, the actions or inactions of other volunteers, spectators, media personnel, representatives, subcontractors, medical personnel or Event participants, or by the NEGLIGENCE OF LIFE TIME, to me, minor volunteers, Event volunteers, and/or other persons. I FULLY UNDERSTAND AND VOLUNTARILY AND WILLINGLY ASSUME THE RISKS.
4. MEDICAL RELEASE. I authorize Event staff, representatives, contractors, subcontractors, or other medical personnel to obtain or provide medical care for me, to transport me to a medical facility, and to provide treatment (including but not limited to evacuation, hospitalization, blood transfusions, surgery, medications, etc.) they consider necessary for my health. I consent to emergency care by Life Time for me. I agree to pay all costs associated with that care and transportation. I agree to the release (to Life Time, insurance carriers, other health care providers and their staff, representatives, or contractors) of any medical information or records necessary for treatment, referral, billing, or other purposes. I acknowledge that I am responsible for my own conduct, health, and safety, and that Life Time is not responsible for any medical expenses incurred by me in connection with the Event. I further acknowledge and agree that if I refuse any medical treatment that is recommended by Event staff, other volunteers, representatives, contractors, subcontractors, or medical personnel, that I am doing so at my own risk.
5. RELEASE OF LIABILITY. I hereby Release, Waive and Covenant Not to Sue: Life Time (including, without limitation, Life Time, Inc. and LTF Triathlon Series, LLC, and their subsidiaries and affiliates), any Event sponsor, exhibitor, and vendor; any host city or host county; local organizing committee; venue or property owner upon which the Event takes place; law enforcement agency or any other public entity providing support for the Event; and each of their respective insurance companies, parent, subsidiary and affiliated companies, successors in interest, commercial and corporate sponsors, officers, directors, partners, shareholders, members, agents, employees, subcontractors, and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), ATHLETIC EVENTS VOLUNTEER WAIVER demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (“Claim(s)”) from my use of, presence at or participation in the Event, which may arise out of, result from, or relate to the alleged or actual negligence or breach of any express or implied warranty of the Released Parties.
6. INDEMNIFICATION. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a Claim against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Claim which may be incurred as the result of such Claim. I agree to pay all costs and attorney’s fees incurred by any Released Party in defending a Claim brought by or on behalf of myself. I further agree to indemnify, defend, and hold Life Time harmless to the fullest extent permitted by law from and against any Claims brought by a third party arising out of, resulting from, or related to (i) my breach of this Agreement or (ii) any illness, bodily injury, or death of any person, or any property damage to real or tangible personal property caused by (a) my participation as volunteer at the Event or (b) my presence at the Event.
7. PROPER CONDUCT. I acknowledge and agree that by participating as a volunteer at, or being present at, the Event, I must conduct myself in a proper, appropriate, and respectful manner at all times. I agree that I will not act disrespectfully towards Life Time, any Event Organizer, participants, or any other person. Disrespectful conduct may include, but is not limited to, being vulgar, profane, indecent, offensive, hateful, discriminatory, violent, hostile, aggressive, threatening, harassing, stalking, fraudulent, or any other conduct or communications that Life Time, in its sole discretion, deems inappropriate. I understand that Life Time reserves the right, in its sole discretion, to (i) immediately dismiss me from the Event and/or (ii) ban me temporarily or for life from participating as a volunteer in any future events hosted by or affiliated with Life Time if Life Time deems my conduct improper, inappropriate, or disrespectful. If I am dismissed or expelled for improper, inappropriate, or disrespectful, I agree I am responsible for all costs of dismissal.
8. IMAGE LIKENESS RELEASE AND AUTHORIZATION. 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 (collectively, the “Images”) and its related events. I hereby irrevocably consent to and grant Life Time and/or anyone authorized by Life Time, the exclusive, worldwide, perpetual, royalty-free, and otherwise unlimited right to the use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize any and all such Images (and the right to sublicense such Images through unlimited levels of sub-licensees) in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating me in any way, and to authorize others to do the same.
9. DISMISSAL; DEPARTURE. I understand that Event Organizer reserves the right, in its sole discretion, to dismiss any volunteer from the activities. I further understand that I have the right, in my sole discretion, to depart from the Event for any reason. If I am dismissed or depart for any reason, I agree I am responsible for all costs of departure whether for medical reasons, dismissal, personal emergencies, or otherwise.
10. GOVERNING LAW. This Agreement is governed in accordance with the laws of the State of Minnesota, without regard to principles of conflict of laws.
11. ARBITRATION. I understand and agree that any disputes which may arise regarding the interpretation or application of this Agreement, or that in any way relate to my relationship with Life Time, will be resolved through a process of binding arbitration (“Potential Claims”). I agree not to bring or participate in any class arbitration, class action, or collective action against Life Time that asserts any of the Potential Claims. The arbitrator will be chosen from among a randomly selected panel of five retired Hennepin County or Minnesota federal judges who are registered Rule 114 qualified neutral arbitrators. Each side shall have the right to strike two arbitrators from the list. The remaining arbitrator shall arbitrate any dispute in accordance with the Employment Arbitration Rules of the American Arbitration Association (“AAA”) and the Uniform Arbitration Act. The prevailing party in any arbitration shall be entitled to recover its attorneys’ fees and costs incurred to enforce this Agreement. This Agreement does not affect my right to file a charge with, make a complaint to, participate in a charge made to, or bring any matter to the attention of a federal, state, or local agency or administrative body; however, I can only seek monetary relief for a Potential Claim through the arbitration procedure outlined in this Agreement. I agree to waive any and all rights to a trial by jury on the Potential Claims. I agree not to bring or participate in any class action or collective action against Life Time in any forum, including but not limited to arbitration or court, that asserts, in whole or in part, any claims that arose before I signed this Agreement, whether or not such claims (if brought by me individually) are covered by this Agreement. However, I am not releasing my right to participate in any putative or certified class actions that were filed before I signed this Agreement.
12. ASSIGNMENT. I understand that Life Time may assign this Agreement to other entity/s or individual/s (“Assignees”) at any time, and any such assignment will grant assignees the full rights and protections accorded in this Agreement, consistent with Event Organizer’s and other Released Parties’ rights and protections under this Agreement.
13. NOTICE TO MEDICAL PROFESSIONALS. I understand that Life Time does not insure me for any activities that I may be involved in as a volunteer providing medical services for Life Time. Any insurance coverage related to my provision of medical services would be through personal insurance, and Life Time has no responsibility or liability for claims of injury resulting from my provision of medical services. I understand that Life Time is under no obligation to provide, carry or maintain medical malpractice insurance coverage for any medical professional Volunteer. ATHLETIC EVENTS VOLUNTEER WAIVER
14. ELECTRONIC SIGNATURES. Any electronic signature of a party, whether encrypted or signed, scanned, and uploaded, is considered valid and effectively binds the party to the Agreement. An electronically signed document, including the Agreement, will be deemed (i) “written” or “in writing”, (ii) signed, and (iii) constitutes a record established and maintained in the ordinary course of business and an original written record when printed from electronic files.
15. ADDITIONAL TERMS: 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. This Agreement is effective in regard to my enrollment or participation in the Event from the date signed through the completion of the Event, and this Agreement shall remain in full force and effect following completion of the Event. Unless otherwise stated herein, I agree that the contents of this Agreement will take precedence over any other forms or contracts I may sign in connection with the Event. 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. I agree I have read this Agreement carefully, understand its terms and conditions, understand that I will be giving up substantial legal rights by signing it, 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. If I sign this agreement both online and on-site at the Event, I agree that the executed on-site version of this agreement shall be binding against me and shall govern over the executed online version of the agreement as the on-site version may be amended from the online version.
Check here to show you accept the terms stated above for yourself or for a minor Volunteer for which you are the parental guardian.
