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Dublin Corporate Center - Gym Waiver
4160 Dublin Blvd, Suite 140 , Dublin, CA 94568
FITNESS CENTER MEMBERSHIP AGREEMENT,
RELEASE AND WAIVER OF LIABILITY
I certify that I am a tenant, or an employee of a tenant, in the project know as Dublin Corporate Center, Dublin, CA (the "Project"). I desire to use the gym and yoga studio (collectively, the "Fitness Center") located within the Project on the ground floor of the building having a street address of 4120 Dublin Boulevard, Dublin, California, and I agree that my use of the Fitness Center shall be expressly subject to the following acknowledgments, terms, conditions and provisions of this Fitness Center Membership Agreement, Release and Waiver of Liability (this "Agreement"):
1. I acknowledge that admittance to, and use of, the Fitness Center is strictly limited to those persons who are tenants of the Project or who are employees of tenants of the Project. I acknowledge that my friends, family, customers, licensees, invitees, and those of my employer ("Third Persons"), are expressly prohibited from utilizing the Fitness Center unless they are "authorized guests". I agree that I will not allow Third Persons who are not "authorized guests" to utilize the Fitness Center and I will take necessary steps to prohibit Third Persons from doing so. I agree to indemnify, defend and hold the Released Parties (as hereinafter defined) harmless from all actions, claims or demands (and consequent attorneys' fees and costs) that may be brought by (i) Third Persons wrongfully accompanying me to the Fitness Center, or (ii) their assigns, heirs, distributees, guardians and legal representatives, arising from said Third Person's use of the Fitness Center.
2. I understand that exercise and the use of the Fitness Center will involve strenuous activity. I have consulted a physician with respect to my physical condition and requirements for such activity or am otherwise aware of my physical capabilities, and will utilize the Fitness Center in light thereof. I acknowledge that the facilities and equipment within the Fitness Center can cause personal injuries even if not defective, or possess or develop defects of which the owner of the Project, Dublin Corporate Center Owner LLC (hereinafter referred to as the "Project Owner"), and the property management company for the Project, Hines Interests Limited Partnership (hereinafter referred to as the "Project Management Company"), is unaware. I also understand that fitness activities involve a risk of injury and even death and that I am voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved. I expressly assume and accept any and all risks of physical injury or death associated with use of the Fitness Center.
3. I understand that all personal property that I may bring into the Fitness Center shall be brought in at my own risk, and neither the Project Owner nor the Project Management Company or any employee or agent of the Project Owner or Project Management Company shall have any liability for any damage thereto or for the theft or misappropriation thereof.
4. IMPORTANT: RELEASE AND WAIVER OF LIABILITY AND INDEMNITY. As a condition to, and in consideration of, my use of the Fitness Center, including use of the equipment and participation in classes offered in the yoga studio, in addition to the payment of any fee or charge, I do hereby waive, release and hold harmless, to the fullest extent permitted by law, Project Owner and Project Management Company and their respective officers, directors, stockholders, partner, members, managers, shareholders, officers, principals, affiliates, subsidiaries, parent companies, agents, employees, contractors, invitees, attorneys and representatives, and their respective predecessors, heirs, executors, successors and assigns of each of the foregoing, as well as the suppliers of any of the equipment in the Fitness Center and the instructors of any classes offered in the yoga studio (collectively, the "Released Parties"), from and against any and all losses, costs, claims, damages, demands, causes of action, injury and liability (collectively, "Claims"), whether caused by the active or passive negligence of any Released Party or otherwise, arising in connection with or resulting from my presence in, upon or about the Fitness Center (including, without limitation, my participation in any classes offered in the yoga studio and my use of any of the Fitness Center's equipment, facilities or services). I also hereby agree to indemnify, defend and hold harmless each of the Released Parties from any and all Claims asserted against, or suffered or incurred by, the Released Parties arising from or in connection with my presence in, upon or about the Fitness Center (including, without limitation, my participation in any of the classes offered in the yoga studio and my use of any of the Fitness Center's equipment, facilities or services) or my breach of the terms of this Agreement. The foregoing indemnity shall include, without limitation, all Claims that may be brought by any Third Persons wrongfully accompanying me to the Fitness Center or their personal representatives, assigns, heirs or next of kin) and arising from such Third Persons' presence in, upon or about the Fitness Center. It is my intention that the release set forth herein will be effective with respect to each and every claim, demand, liability, judgment, cause of action and expense specified above, an in furtherance of this intention, I waive all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR"
5. FITNESS CENTER RULES AND REGULATIONS:
I agree to abide by all rules and regulations governing the use of the Fitness Center set forth herein and any new rules and regulations imposed by the Owner or the Project management company (the "Project Management Company") in the future (collectively, the "Rules and Regulations"). All signs posted in or about the Fitness Center shall be considered a part of the Rules and Regulations. Breach of any of the Rules and Regulations by a Member shall constitute grounds for cancellation of such Member's Fitness Center membership. The current Rules and Regulation are as follows:
a. Admittance to, and use of, the Fitness Center is strictly limited to those persons who are tenants of the Project or who are employees of tenants of the Project and who have signed a Fitness Center Membership Agreement, Release and Waiver of Liability form. The membership of any Member who permits a Third Person who is not an "authorized guest" access to the Fitness Center shall be subject to cancellation at the Project Owner's or Project Management Company's election.
b. The Fitness Center and related equipment shall be used solely for its intended use and purpose.
c. Members must wear clean and appropriate attire and clean athletic shoes in the Fitness Center. The minimum attire at the Fitness Center shall be gym shorts, tee shirts, socks and athletic shoes (with the exception of yoga classes which may permit removal of footwear). Swimsuits, underwear, street clothes, offensive attire, "cut off" shorts, sandals and jeans are not permitted. In addition, Members must wear clean and appropriate attire when in transit to and from the Fitness Center. It us up to the discretion of the Project Management Company to decide if any attire in inappropriate or disruptive to other users of the Fitness Center and the Project Management Company has the right to reasonably request the Member to correct the inappropriate attire.
d. To ensure a comfortable atmosphere for everyone, please be courteous and respectful of others. Any conduct which unreasonably interferes with the use or enjoyment of the Fitness Center or the equipment by another Member, or disrupts or interferes with the safe, orderly and efficient operation of the Fitness Center or the equipment therein is strictly prohibited.
e. Members are requested to wipe down all fitness equipment, including but not limited to, yoga mats, after use of such equipment.
f. No swearing, grunting or loud or abusive language shall be permitted. Personal devices emitting sound (e.g., radios, iPods, iPhones, etc.) shall not be used without headphones or earbuds.
g. No food or beverages (except for water) are permitted in the Fitness Center. No glass containers may be brought into the Fitness Center. The consumption of alcohol, drugs, or any tobacco products, including smoking and vaping, is strictly prohibited in the Fitness Center.
h. Solicitation for the sale of any product or service or collecting for any charitable organization or collecting signatures for any petition of any kind in the Fitness Center is strictly prohibited.
i. All water bottles, newspapers, magazines and other trash must be disposed of in the receptacles provided within the Fitness Center.
j. If a Member notices any faulty or malfunctioning equipment, hazardous conditions or situations, safety concerns, or feels uncomfortable for any reason while using the Fitness Center, such Member shall immediately report the situation to Project Management Company. In addition, any injuries occurring in the Fitness Center shall be immediately reported to Project Management Company.
k. Any damage to equipment or other property in the Fitness Center caused by a Member shall be paid for by such Member.
l. Project Management Company reserves the right, exercisable in Project Management Company's sole discretion, to add to, change or delete any of the rules and regulations of the Fitness Center as may from time to time be deemed necessary or desirable. Without any prior notice to Members being required, Project Management Company reserves the right to change any Fitness Center fees and hours of operation and to close all or any portion of the Fitness Center for any period of time due to an act of God, government restriction, labor dispute, inability to obtain utilities, supplies, equipment or materials or for any other reason whatsoever.
6. I sign this Agreement in the State of California, and agree that it shall be interpreted, enforced and governed by the laws of the State.
7. I HAVE CAREFULLY READ THIS AGREEMENT) IN ITS ENTIRETY AND I HAVE SIGNED IT VOLUNTARILY. I AM AWARE THAT THIS IS AGREEMENT CONTAINS A RELEASE OF LIABILITY WITH REPECT TO MY INJURIES AND DAMAGES, AND AN ASSUMPTION OF LIABILITY WITH RESPECT TO INJURIES AND DAMAGES OF THIRD PERSONS AND I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP LEGAL RIGHTS AND/OR REMEDIES THAT MAY OTHERWISE BE AVAILABLE. THIS AGREEMENT SHALL BE BINDING TO THE FULLEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE UNENFORCEABLE, THE BALANCE OF THIS AGREEMENT SHALL REMAININ FULL FORCE AND EFFECT.
8. I acknowledge that I may be signing this Agreement digitally or electronically and I agree that my digital or electronic signature is the legal equivalent of a manual signature on this Agreement. I further agree that no certification authority or other third party verification is necessary to validate my electronic or digital signature and the lack of such certification or third party verification will not in any way effect the enforceability of this Agreement.
By entering your full name here, you are Acknowledging and Agreeing to the DCC Gym Waiver:
Building Badge Number
Emergency Contact Name
Emergency Contact Phone Number
4160 Dublin Boulevard, Suite 140
Dublin, CA 94568
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