FITNESS FACILITY Clause Samples

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, ▇▇▇▇▇▇ understand that the use of the Fitness Facility at the Premises and its equipment is solely at Tenant's own risk. To the extent permitted by applicable law, neither Landlord, ▇▇▇▇▇▇▇▇'s property manager nor any of Landlord's employees (collectively the “Landlord Parties” assumes any liability for injuries Tenant, or ▇▇▇▇▇▇'s guests may sustain from use of the Fitness Facility or equipment. Tenant expressly acknowledges that there are certain dangers and risks inherent in the use of the Facilities, which may result from accidents, negligence, the use of equipment, exercise or other activities, or due to Tenant's physical condition. Tenant expressly acknowledge that ▇▇▇▇▇▇ voluntarily assume 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 exercise with or without instruction. Tenant represents that Tenant understands the potential risk to ▇▇▇▇▇▇’s health while exercising and/or using the Fitness Facility, which may include severe injury or death. Rules may be posted at the Fitness Facility and ▇▇▇▇▇▇ agrees to follow any additionalrules posted. Tenant should consult a physician before using any fitness equipment. Landlord urges Tenant to be considerate of others and wipe down equipment after ▇▇▇▇▇▇'s use. Tenant agree to 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. Tenant understand that the use of each Fitness Facility is a privilege that may be revoked if Tenant abuse the equipment or guidelines. By utilizing any equipment in a Fitness Facility or by being present in a Fitness Facility, Tenant will be deemed to have represented and warranted that Tenant fully understand all risks normally associated with participation or presence in such Fitness Facility or activity and fully indemnify and release Landlord from any and all injuries and damages caused to Tenant. Tenant agrees that Tenant may not enter any Fitness Facility without ▇▇▇▇▇▇▇▇’s prior consent, that Tenant will not allow anyone to access a Fitness Facility unless that person has receive...

FITNESS FACILITY. Landlord shall construct a fitness facility the “Fitness Facility”) as part of the Building Common Areas; provided that the location, specifications and all other aspects of the Fitness Facility (including, without limitation, the construction thereof) shall be determined by Landlord in its sole discretion; provided further that the use of the Fitness Facility by the tenants of the Project, when constructed, shall be subject to reasonable and non-discriminatory rules and regulations promulgated from time to time by Landlord in connection with such fitness facility. Subject to Force Majeure (as that term is defined in Section 29.16 below), Landlord’s temporary closure of the Fitness Facility to repair, improve or maintain the same, and/or any closure of the Fitness Facility caused by an act or omission of Tenant, the hours of operation of the Fitness Facility shall be at least 8:00 a.m. to 6:00 p.m. Monday through Friday, excluding Holidays (as that term is defined in Section 6.1.1 below). Notwithstanding anything to the contrary in this Lease, if, following the date (the “Fitness Facility Outside Date”) which occurs four (4) months following the date upon which the Premises is Ready for Occupancy (provided that the Fitness Facility Outside Date shall be delayed on a day- for-day basis for each day that the substantial completion of the Fitness Facility (subject to punch list items) is delayed by an act or omission of Tenant or Force Majeure), either (i) Landlord has failed to substantially complete the Fitness Facility (subject to punch list items) or (ii) Tenant is prevented from accessing the Fitness Facility between 4:00 a.m. to 10:00 p.m. Monday through Friday, excluding Holidays (provided that such prevention of access is not the result of (A) Force Majeure, (B) Landlord’s temporary closure (which temporary closure shall not exceed an aggregate of fifteen (15) consecutive business days) of the Fitness Facility to repair, improve or maintain the same, and/or (C) any closure of the Fitness Facility caused by an act or omission of Tenant) (any such set of circumstances as set forth in items (i) or (ii), above, to be known as a “Fitness Facility Abatement Event”), then Tenant shall give Landlord notice of such Fitness Abatement Event (provided that in no event shall Tenant delivery such notice prior to the Fitness Facility Outside Date, as the same may be delayed pursuant to this Section 1.1.3.1 above), and if such Fitness Abatement Event continues for fi...

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. The Department shall provide facilities or equipment to allow employees to maintain physical fitness. Any changes to this Policy will be developed through Labor/Management.

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. You understand that the use of the Fitness Facility at the Community and its equipment is solely at your own risk. acility 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 wit exercising and/or using the Fitness Facility, which may include severe injury or even death.

FITNESS FACILITY. Landlord will construct, at Landlord's expense (including, but not limited to, the construction costs of the initial buildout), a fitness center in the Building not exceeding 3,000 rentable square feet and of not less than 2,400 rentable square feet (the "Fitness Facility"). The Fitness Facility shall be operated and maintained for the exclusive use of Landlord, its agents, employees or invitees and the office tenants of the Building, including Tenant and its employees; provided, however, that (i) Landlord shall not be required to provide an attendant for the Fitness Facility, and (ii) such use shall be at Tenant's sole risk and Landlord assumes no liability therefor. Admission to the Fitness Facility will be obtained through the use of the Building security system. Use of the Fitness Facility and the hours of operation thereof will be subject to such rules and regulations that Landlord or its agent may promulgate, and amend, from time to time. It is understood that no person shall be entitled to use the Fitness Facility until (a) such person has signed a waiver to be prepared by Landlord, and (b) if Landlord charges a fee for the use of the Fitness Facility, until such person has paid such fee; it being understood and agreed that Landlord shall not charge any fees for use of the Fitness Facility, other than for specialty services. The Fitness Facility shall contain separate men's and women's locker rooms each containing no less than two (2) shower stalls, which will be kept clean and tidy throughout each day of the week. Cleaning will be extended to weekends and Holidays if permitted use warrants. All expenses of operating the Fitness Facility (including, but not limited to, equipment leases) other than the initial construction and the initial equipment installed therein shall be includable in Operating Expenses (it being agreed that all equipment installed in the Fitness Facility shall be leased and not purchased by Landlord). Any fees charged by Landlord for use of the Fitness Facility, other than specialty fees for specific services (which will be applied to the cost of such specific services) shall be an offset against Operating Expenses. Tenant agrees to indemnify and hold harmless Landlord for any loss, liability or other cost (including, but not limited to, reasonable attorneys' fees) Landlord may suffer arising out of any injury to any employee, agent or invitee of Tenant in the Fitness Facility irrespective of whether such person is authorized to...

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 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.