Common use of FITNESS FACILITY Clause in Contracts

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 received Landlord’s consent, and that 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.

Appears in 1 contract

Sources: Tenant Lease Agreement

FITNESS FACILITY. If a (i) From and after the Sublease Commencement Date as applicable to the Phase I Subleased Premises, Sublandlord shall provide to Subtenant and its employees the non-exclusive right to use the fitness or activity facility within the Building (including, without limitation and by way of example only, a fitness room, bowling alley, climbing wall, pool, boxing ring, billiards room, etc.) (each, a the “Fitness Facility”) is provided). Subtenant and its employees shall use the Fitness Facility at their own risk and will provide any certifications of waiver of liability as Sublandlord may reasonably request from time to time. Sublandlord shall, ▇▇▇▇▇▇ understand that with the use prior written consent of Subtenant, which consent shall not be unreasonably withheld, have the right to relocate all or any portion of the Fitness Facility at and to staff the Premises Fitness Facility (or not) and its equipment is solely at Tenant's own riskcontract or terminate any party hired in connection therewith. 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 Use of the Fitness Facility or equipment. Tenant expressly acknowledges that there are certain dangers shall be in accordance with all applicable provisions of this Sublease (including the insurance and risks inherent in indemnity provisions, and the use terms of Section 34 hereof). (ii) Sublandlord represents, and Subtenant acknowledges, (x) that, as a result of the Facilitiespandemic caused by COVID-19, which may result from accidentsSublandlord has not been in occupancy of any portion of the Prime Premises (other than for incidental property management functions) since on or about March 2020, negligenceand (y) that on a date to be determined, Sublandlord will re-occupy its retained portion of the Prime Premises (such date, the use of equipment, exercise or other activities, or due to Tenant's physical condition“Cognizant RTO Date”). 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 ▇▇▇▇▇▇Costs” means Sublandlord’s health while exercising and/or using reasonable costs of operating, staffing, repairing, and maintaining the Fitness Facility, which may include severe injury or death. Rules may be posted at including but not limited to the reasonable cost of any third-party operator, provided that all Fitness Facility Costs are reasonably agreed upon by Subtenant and Sublandlord in advance, it being the intent that the Fitness Facility Costs to operate, staff and ▇▇▇▇▇▇ agrees maintain the Fitness Facility shall be reasonably agreed upon in good faith by Subtenant and Sublandlord prior to follow Subtenant having any additionalrules postedobligation to reimburse for any such expenses. 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 At all times prior to the management office immediatelyCognizant RTO Date, so that Subtenant shall reimburse Sublandlord, as Additional Rent, for one hundred percent (100%) of 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 Costs. From and after the equipment or guidelines. By utilizing any equipment in a Cognizant RTO Date, Subtenant shall reimburse Sublandlord, as Additional Rent, for Subtenant’s Proportionate Share of the Fitness Facility or Costs. Subtenant shall deliver such reimbursement to Sublandlord within thirty (30) days of its receipt of notice as delivered from time to time 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 received Landlord’s consent, and that 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 thereinSublandlord.

Appears in 1 contract

Sources: Sublease Agreement (Zynex Inc)

FITNESS FACILITY. If a Landlord shall maintain an unstaffed fitness or activity facility containing at least 2,500 square feet, located in the Building which contains locker facilities, showers, restrooms, and high-quality exercise equipment with towel service (including, without limitation and by way of example only, a fitness room, bowling alley, climbing wall, pool, boxing ring, billiards room, etc.) (each, a the “Fitness Facility”). Tenant’s employees who are assigned to work at the Premises (whether permanently or on a temporary basis), shall have the non-exclusive right, in common with the employees of other Building tenants, to utilize the Fitness Facility from 5:00 a.m. to 11:00 p.m. Monday through Friday (excluding Holidays) is providedand from 8:00 a.m. to 1:00 p.m. on Saturday (excluding Holidays), ▇▇▇▇▇▇ understand that the use and during such other hours as Landlord shall designate in its sole discretion. Use of the Fitness Facility at will be limited to tenants of the Premises Building and their employees, on a non-exclusive basis. Tenant and its equipment is solely employees shall use the Fitness Facility at Tenant's their own riskrisk and will provide such reasonable certifications of waiver of liability as Landlord may reasonably request from time to time. To Without limiting the extent permitted by applicable lawgenerality of the foregoing, 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 each user of the Fitness Facility or equipment. Tenant expressly acknowledges that there are certain dangers shall be required to execute and risks inherent deliver a waiver of liability in the use of the Facilities, which may result from accidents, negligence, the use of equipment, exercise or other activities, or due a form to be provided by Landlord and reasonably acceptable to Tenant's physical condition. Landlord shall reasonably consider any request by Tenant expressly acknowledge that ▇▇▇▇▇▇ voluntarily assume sole risk for any and all dangers, illnesses, damages, personal injuries and death that may result while using to modify or replace the Fitness Facility and/or while participating exercise equipment located 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 deathprovided the foregoing shall not impose any affirmative obligation on Landlord to comply with any such request. Rules may be posted Notwithstanding anything in this Lease to the contrary, as part of Operating Charges, Landlord shall have the right at any time, in its sole and absolute discretion, to staff the Fitness Facility (or not) and ▇▇▇▇▇▇ agrees to follow contract or terminate any additionalrules postedparty hired in connection therewith. Tenant should consult a physician before using any fitness equipment. Landlord urges Tenant to be considerate of others shall have the right, at Tenant’s sole cost and wipe down equipment after ▇▇▇▇▇▇'s use. Tenant agree to report any damaged or broken equipment expense and subject to the management office immediatelyreasonable, so that non-discriminatory rules and regulations established by Landlord for 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 in common with others, to have represented and warranted that Tenant fully understand all risks normally associated with participation one or presence more personal trainers and/or instructors operate 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 received Landlord’s consent, and that Landlord reserves the right to deny access to any Fitness Facility to any Tenant or other person whom Landlord judges provide fitness services and training to be a risk to Tenant’s employees at reasonable times that do not conflict with previously scheduled fitness classes offered by the safety of any person or equipment located thereinFitness Facility.

Appears in 1 contract

Sources: Office Lease Agreement (PTC Inc.)

FITNESS FACILITY. If a fitness or activity facility (including, without limitation and by way As of example onlythe date of this Lease, a fitness room, bowling alley, climbing wall, pool, boxing ring, billiards room, etc.) facility is located in the Building (each, a the “Fitness Facility”). Tenant and its on-site employees shall have the right, at no additional cost to Tenant, to use the Fitness Facility as hereinafter set forth. All costs associated with the Fitness Facility, whether operated by Landlord or a third party operator, shall in any event be included in Operating Expenses. The provisions of Article 25 shall fully apply in connection with use of the Fitness Facility by Tenant or any other Tenant Party. Without limitation of the preceding sentence, Tenant shall hold Landlord and the other Indemnitees harmless from and indemnify the Indemnitees against any and all Losses to the extent arising from (a) is providedthe acts or omissions of Tenant or any other Tenant Party in, ▇▇▇▇▇▇ understand that on or about the Fitness Facility, or (b) any accident, injury or damage, howsoever and by whomsoever caused, to any Tenant Party, occurring in, on or about the Fitness Facility. Landlord may prescribe rules and regulations for the use of the Fitness Facility at the Premises and its equipment is solely at Facility. 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 ’s use of the Fitness Facility shall be conditioned upon Tenant’s observance of such rules and regulations. Landlord may at any time close or equipment. Tenant expressly acknowledges that there are certain dangers and risks inherent in the use temporarily or permanently discontinue operation 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 and/or increase or death. Rules may be posted at reduce the amenities thereof, and/or relocate the Fitness Facility and ▇▇▇▇▇▇ agrees to follow space elsewhere in the Building, all without any additionalrules posted. liability to Tenant should consult or any obligation to open or make available to Tenant 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 replacement Fitness Facility or replacement amenities. Without limitation of the foregoing, Landlord may discontinue operation of the pool that is presently part of the Fitness Facility. Notwithstanding the foregoing, Landlord shall not permanently discontinue operation of the Fitness Facility unless Landlord determines in good faith that the same is necessary by being present reason of material health, safety, or economic concerns, including material insurance costs or liability risks that are unacceptable to Landlord in a its good faith discretion. In the event Landlord permanently discontinues operation of the Fitness Facility, Tenant will be deemed to have represented and warranted that Tenant fully understand all risks normally Operating Expenses shall thereafter exclude costs associated with participation or presence in such the 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 received Landlord’s consent, and that 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 thereinFacility.

Appears in 1 contract

Sources: Lease Agreement (Inphi Corp)

FITNESS FACILITY. If a 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 or activity facility center which Landlord anticipates opening within nine (including, without limitation and by way of example only, a fitness room, bowling alley, climbing wall, pool, boxing ring, billiards room, etc.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”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) is providedeach and every Tenant Member and its guests shall abide by the facility rules and regulations as enacted or modified from time to time, ▇▇▇▇▇▇ understand that the (iii) Landlord may charge a reasonable monthly fee for 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 rate that may be revoked if Tenant abuse the equipment or guidelines. By utilizing any equipment in a Fitness Facility or set 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 time to Tenant. time currently $5.00 per month per 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 received Landlord’s consentMember, and that (iv) Landlord reserves the right to deny access 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 any Tenant 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 person whom Landlord judges to be a risk to the safety of any person or equipment located thereinfirst 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 first class bathrooms.

Appears in 1 contract

Sources: Office Lease Agreement (Twinlab Consolidated Holdings, Inc.)

FITNESS FACILITY. If Subject to the terms of this Section 24.32, Landlord agrees to maintain an exercise room in the Building in a fitness manner consistent with the exercise room currently existing at the Building and used by tenants and occupants of the Building (such exercise room or activity reasonable replacement thereof, the “Exercise Room”). The Exercise Room will be for the non-exclusive use by Landlord, Tenant and other permitted users, including other tenants and occupants of the Building and Tenant and its invitees may use such facility at no cost to Tenant in accordance with this Section 24.32 and such reasonable rules and regulations as Landlord may from time to time promulgate. Tenant agrees that (includingi) it will instruct all of its officers, without limitation agents, employees, guests, 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 invitees that the use of the Fitness Facility Exercise Room is at the Premises and its equipment is solely at Tenant's their own risk. To the extent permitted by applicable law, neither Landlord, ▇▇▇▇▇▇▇▇'s property manager nor ; and (ii) Landlord shall not be liable for any of Landlord's employees (collectively the “Landlord Parties” assumes any liability for injuries Tenant, or ▇▇▇▇▇▇'s guests may sustain damages resulting from use of the Fitness Facility or equipmentExercise Room. 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 received Landlord’s consent, and that Landlord reserves the right to deny refuse access to such Exercise Room in the event of any Fitness Facility breach or violation of Landlord’s rules and regulations concerning use of the Exercise Room, or any other default under the terms of the Lease. All users of the Exercise Room shall sign a release, waiver and indemnification in form acceptable to any Tenant or other person whom Landlord judges prior to be a risk admittance to the safety Exercise Room. Notwithstanding the foregoing, Landlord shall not be required to continue to maintain the Exercise Room if (a) the maintenance or operation of any person the Exercise Room in its current manner of operation does not comply with laws, rules or equipment located thereinregulations, (b) Landlord’s insurers or lenders prohibit the operation of the Exercise Room, or (c) Landlord determines, using Landlord’s commercially reasonable judgment, that maintaining the Exercise Room is cost prohibitive or results in an unreasonable operating expense, presents an unreasonable danger or hazard to the tenants or occupants of the Building.

Appears in 1 contract

Sources: Office Lease (PDF Solutions Inc)

FITNESS FACILITY. If 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 or activity facility within the Project (including, without limitation and by way of example only, a fitness room, bowling alley, climbing wall, pool, boxing ring, billiards room, etc.) (each, a “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 providedunder no obligation to staff the Fitness Facility and, ▇▇▇▇▇▇ understand 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 at the Premises and its equipment is solely at by any of Tenant's own risk. To the extent permitted by applicable law, neither Landlord, ▇▇▇▇▇▇▇▇'s property manager nor any of Landlordemployees; (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 (collectively a copy of the waiver form currently in use is attached to this Lease as Schedule B); and (iv) Landlord Parties” assumes any liability 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 injuries Tenant, or ▇▇▇▇▇▇'s guests may sustain from the use of the Fitness Facility or equipment. (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 expressly acknowledges that there are certain dangers and risks inherent in and/or its employees to Landlord on account of the use of the Facilities, which may result from accidents, negligence, Fitness Facility during such Lease Year (the use of equipment, exercise or other activities, or due to "Tenant's physical conditionMembership Payments"). Tenant expressly acknowledge To the extent that ▇▇▇▇▇▇ voluntarily assume sole risk 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 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 added to the management office immediately, so that Costs Base Year for the equipment may be placed "Out Of Service" following Lease Year 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 same 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 received Landlord’s consent, and that 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 thereinutilized.

Appears in 1 contract

Sources: Office Lease Agreement (Teligent Inc)