waiver of Liability, Assumption of Risk, and Indemnity Agreement

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Waiver:

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In consideration of being permitted to participate in the CLUB XTRA MILE LIFESTYLE or XTRA MILE LIFESTYLE Training Programs, I, for myself, my heirs, personal representative and assigns, do hereby release, waive, covenant not to sue and discharge XTRA MILE LIFESTYLE LLC from liability from any and all claims including their negligence.

 

Assumption of Risk:

Participating in running and conditioning programs carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I know that running, biking, and swimming is a potentially hazardous activity and certify that I am in good health and physically fit to enter into a training program. I acknowledge that I am aware of the many risks involved in athletic training in general and run & triathlon training specifically, which risks include by way of example and not limitation: (1) minor injuries such as scrapes, bruises, sprains and strains, (2) more serious injuries such as joint, muscle and bone injuries, concussions and other head injuries, heat related injuries such as heat stroke and heat exhaustion, dehydration and over hydration conditions such as hyponatremia, and (3) catastrophic injuries and conditions such as heart attacks and other conditions or injuries which could be fatal. I have read the previous paragraphs and I know, understand and appreciate these and other risks that are inherent in training for and participating in road, trail and track running and triathlon and racing and any conditioning and cross training activities associated with that training. I hereby assert that my participation is voluntary and that I knowingly assume all such risk.

 

Indemnification and Hold Harmless:

I also agree to INDEMNIFY AND HOLD HARMLESS XTRA MILE LIFESTYLE LLC, their affiliates, directors, officers, employees, agents, members, managers, successors and assigns  from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in XTRA MILE LIFESTYLE LLC Training Program.

 

Severability:

The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of Minnesota and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

 

Acknowledgement of Understanding:

I have read this waiver of liability, assumption of risk, and indemnity agreement and fully understand its terms, and I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.