PHYSICAL FITNESS AND OTHER FACILITIES Sample Clauses

PHYSICAL FITNESS AND OTHER FACILITIES. Tenant acknowledges that the Apartments contain physical fitness and tanning equipment (the "Facilities and Equipment") for the use of the tenants of the Apartments. In connection therewith, Tenant hereby acknowledges, represents, covenants and agrees that: (a) in consideration of being permitted to use the Facilities and Equipment, the Tenant, for himself or herself and any family members, personal representatives, heirs, agents and assigns, the use of such Facilities and Equipment by Tenant shall be at Tenant's own risk, and (b) Tenant assumes full responsibility for and risk of bodily injury, death or property damage or loss due to or arising out of, or related to, the Tenant's use of the Facilities and Equipment. Tenant hereby releases, waives, discharges and agrees not to xxx Capstone Development Corp., Capstone Properties, LLC, and their respective directors, officers, shareholders, members, managers, employees, agents and affiliates (hereinafter collectively referred to as "Releasees"), for any and all present and future liability to the Tenant and/or the Tenant's family members, personal representatives, heirs, agents and assigns, for any and all injury, loss, liability, damages or costs, and any and all claims, suits, causes of action or demands therefor, known and unknown, on account of injury to person or property or resulting in the death or disability of the Tenant, whether caused by the negligence of the Releasees or otherwise, during or arising out of or related to Tenant's use of the Facilities and Equipment, and Tenant hereby agrees to indemnify, defend and hold harmless each of the Releasees for, from and against any and all injury, loss, liability, damage or cost Tenant may incur during, arising out of or related to the Tenant's use of the Facilities and Equipment, whether caused by the negligence of the Releasees or otherwise.
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