Fitness Facility. You understand that the use of the Fitness Facility at the Community and its equipment is solely at your own risk. To the extent permitted by law, neither Owner, nor Manager, or any of its/their employees (collectively the “Owner parties”) assumes any liability for injuries you, or your guests may sustain from use of the Facility or the equipment. You expressly acknowledge that there are certain dangers and risks inherent in use of exercise facilities, which may result from accidents, negligence, the use of any equipment, exercise, or other activities, or due to your physical condition. You expressly acknowledge that you voluntarily assume the sole risk for any and all dangers, illnesses, damages, personal injuries, and death that may result while using the Fitness Facility and/or while participating in exercises with or without instruction. You represent that you understand the potential risk to one’s health while exercising and/or using the Fitness Facility, which may include severe injury or even death.
Fitness Facility. The Department shall provide facilities and equipment to allow employees to maintain physical fitness at each station. Decisions related to the location of the fitness facilities, the type of and replacement of fitness equipment are within the sole discretion of the Department.
Fitness Facility. The City agrees that as long as Local continues to take part in the division’s mandatory/non-punitive/Wellness and Fitness Initiative, the City will continue to provide a fitness facility that will enable Local members to meet the intent of the standards set in NFPA 1583.
Fitness Facility. In furtherance of the provisions of Section 2.1(c), above, the parties agree that for so long as Landlord continues to operate a fitness facility within the Project (the "Fitness Facility"), Tenant's employees shall be entitled to use the same. In this regard, the parties acknowledge and agree that: (i) Landlord is under no obligation to staff the Fitness Facility and, accordingly, Tenant's employees shall use the Fitness Facility at their sole risk; (ii) Landlord may require that Tenant procure certain insurance coverage prior to the use of the Fitness Facility by any of Tenant's employees; (iii) Landlord may require Tenant's employees to participate in an orientation program prior to using the Fitness Facility and to sign waivers for the same (a copy of the waiver form currently in use is attached to this Lease as Schedule B); and (iv) Landlord may restrict the number of Tenant's employees that may use the Fitness Facility, which number shall be based proportionately on the total square feet of Premises occupied by Tenant. Landlord reserves the right to impose a membership fee for the use of the Fitness Facility (although no such fee is currently being charged); however, in such event, for each Lease Year in which such a fee is charged, the "Costs Base Year" shall be deemed increased by the amount paid by Tenant and/or its employees to Landlord on account of the use of the Fitness Facility during such Lease Year (the "Tenant's Membership Payments"). To the extent that Tenant's Operating Cost Charge for any Lease Year is not reduced by the full amount of the Tenant's Membership Payments made in such Lease Year, any unused portion shall accrue and be added to the Costs Base Year for the following Lease Year until the same is fully utilized.
Fitness Facility. The parties acknowledge that a fitness facility is or shall be provided in the lower level of the Building, containing approximately 3,000 rentable square feet, in or about the location shown on Exhibit "D" annexed hereto and made a part hereof. For so much of the Term as such fitness facility is provided in the Building, Tenant's principals and employees may use same at a cost of $100 per year per member (which amount is subject to reasonable increases from time to time time during the Term). Landlord agrees to maintain the fitness facility in good condition and Landlord shall be responsible, at its sole cost and expense, for the maintenance, repair and replacement of the fitness facility and equipment located therein. The use of the fitness facility shall be subject to the reasonable rules and regulations of Landlord now or hereafter imposed. Notwithstanding anything contained herein to the contrary, if the fitness facility closes, either temporarily or permanently, there shall be no abatement or diminution of Rent and Tenant shall in no event be relieved from any of its obligations under this lease.
Fitness Facility. Subtenant shall have the non-exclusive right to use the fitness facility located in the Building (the “Fitness Facility”), which shall be accessible to employees of Subtenant during the hours that it is available to employees of Sublandlord, by means of Building standard card key readers. There will be no charge to Subtenant or its employees (other than increases in Additional Sublease Rent relating to the Fitness Facility) in connection with the use of the Fitness Facility. Subtenant and its employees shall use the Fitness Facility at their own risk and will provide any customary certifications of waiver of liability as Sublandlord may reasonably request from time to time.
Fitness Facility. As long as Tenant is entitled to possession of the Premises, Tenant’s employees working in the Building and the employees of any Affiliate regularly working the Building shall be permitted to use the Building’s fitness center which Landlord anticipates opening within nine (9) months after the Commencement Date (the “Fitness Facility”) during the Lease Term (each, a “Tenant Member”), in accordance with the terms of this section and the following: (i) each Tenant Member shall sign and deliver to Landlord or the Fitness Facility manager a membership agreement provided by Landlord on a form and with such terms as shall be acceptable to Landlord or the Facility manager, in its sole and absolute discretion (Landlord shall have the right to deny access to the Facility to any Tenant Member and its guest who fails to execute the membership agreement); (ii) each and every Tenant Member and its guests shall abide by the facility rules and regulations as enacted or modified from time to time, (iii) Landlord may charge a reasonable monthly fee for use of the Fitness Facility at a rate that may be set by Landlord from time to time currently $5.00 per month per Tenant Member, and (iv) Landlord reserves the right to revoke the privileges of any Tenant Member or its guest for such person’s failure to observe the Facility rules and regulations at any time without notice and without liability to Landlord or the facility manager. Landlord will not be liable to Tenant or any other person for direct or consequential damages (including, without limitation, damages to persons or property), and Tenant shall not be entitled to any abatement or reduction of rent, nor shall Tenant be released from any of Tenant’s obligations under this Lease due to the interruption, relocation, reconfiguration, or temporary unavailability of any of the common facilities described in this Section for any reason, provided that once the Fitness Facility is open, Landlord shall operate the Fitness Facility throughout the Lease Term, subject to periodic or temporary closures for repairs, renovations an otherwise as a result of force majeure or casualty. The Fitness Facility shall always be operated and maintained as a first class fitness facility consistent with other first class fitness centers in Comparable Buildings and in downtown St. Petersburg, FL. The Fitness Facility will include new fitness equipment, including, without limitation, aerobic machines with individualized TV screens, weights and firs...
Fitness Facility. If a fitness or activity facility (including, without limitation and by way of example only, a fitness room, bowling alley, climbing wall, pool, boxing ring, billiards room, etc.) (each, a “Fitness Facility”) is provided, Tenant expressly acknowledges that there are certain dangers and risks inherent in the use of exercise facilities, which may result from accidents, negligence, the use of equipment, exercise or other activities, or due to Tenants own physical condition. Tenant understands the potential risk to one’s health while exercising and/or using the Fitness activity, which may include severe injury or death. Rules may be posted at the Fitness Facility and Xxxxxx agrees to follow any additional rules posted. Tenant should consult a physician before using any fitness equipment. Tenant should be considerate of others and wipe down equipment after its use and report any damaged or broken equipment to the management office immediately, so that the equipment may be placed "Out Of Service" until repairs have been made. Tenant will not attempt to make any repairs to the equipment. Use of these facilities is a privilege that may be revoked if Tenant abuses the equipment or guidelines. Tenant may not enter any Fitness Facility without Landlord’s prior consent or allow anyone to access a Fitness Facility without Landlord’s consent. Landlord reserves the right to deny access to any Fitness Facility to any Tenant or other person whom Landlord judges to be a risk to the safety of any person or equipment located therein.
Fitness Facility. Landlord shall, at no additional cost to Tenant or its employees (other than recovery of Operating Expenses as set forth herein), maintain an unstaffed fitness facility within the Building (the “Fitness Center”), and provide certain rights to use an outside basketball court and tennis court (the “Court Facilities”) constructed on the Land and/or land adjacent to the Building. The Fitness Center and the Court Facilities are sometimes hereinafter collectively referred to as the “Fitness Facility”. Tenant and Tenant’s employees shall have the non-exclusive right to utilize the Fitness Facility during the Fitness Facility’s hours of operation. Use of the Fitness Facility will be limited to tenants (including any permitted assignees and subtenants) of the Building and their employees (and, with respect to the Court Facilities only, the tenants of the two (2) adjacent buildings (i.e., Presidents Park I and Presidents Park III) and their employees), on a non-exclusive basis. Tenant and its employees shall use the Fitness Facility at its own risk and will provide any certifications of waiver of liability as Landlord may request from time to time. Without limiting the generality of the foregoing, each user of the Fitness Facility shall be required to execute and deliver a waiver of liability in the form attached hereto as Exhibit E (or in another similar form provided by and acceptable to Landlord). Notwithstanding anything in this Lease to the contrary, Landlord shall have the right at any time, in its sole and absolute discretion to: (a) cease the operation of all or any portion of the Fitness Facility and thereafter use the Fitness Facility space and equipment for any purpose that Landlord determines; (b) staff the Fitness Facility (or not) and contract or terminate any party hired in connection therewith; (c) modify the size, type, capacity or configuration of the Fitness Facility (it being understood, however, that the Fitness Center shall provide substantially the same services that were provided prior to such reconfiguration); (d) relocate any of the Fitness Facility (including, without limitation, relocating the Fitness Center from the Building to one of the two (2) adjacent buildings); or (e) perform any other reasonable act with respect to the Fitness Facility. In the event that Landlord makes any modification with respect to the Fitness Facility pursuant to the immediately preceding sentence, then costs of such modification shall be included within Opera...
Fitness Facility. Throughout the initial Lease Term, Tenant shall be entitled to use the fitness facility on the first floor of the Building at no additional cost to Tenant from Landlord (except to the extent of Tenant’s proportionate share of Annual Operation Costs for Landlord to maintain, make repairs and replacements to, and operate the fitness center), but subject to any rules, regulations and waivers that may be required by the fitness center operator, if any. As of the Execution Date, Landlord has no plans to discontinue the operation of the fitness center in the Building.
