Common use of PHYSICAL FITNESS AND OTHER FACILITIES Clause in Contracts

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.

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. ACKNOWLEDGMENT – TENANT HEREBY ACKNOWLEDGES THAT TENANT HAS READ THIS LEASE, THE RENTAL APPLICATION, THE RULES AND REGULATIONS, AND ANY EXHIBITS DESCRIBED HEREIN. TENANT UNDERSTANDS THAT THE RULES AND REGULATIONS MAY BE AMENDED FROM TIME TO TIME AND ARE FOR THE PURPOSE OF PROTECTING THE APARTMENT UNIT AND PROVIDING FOR THE SAFETY AND WELL BEING OF ALL OCCUPANTS OF THE APARTMENT UNIT, AND AFFIRMS THAT TENANT WILL, IN ALL RESPECTS; COMPLY WITH THE TERMS, CONDITIONS, COVENANTS AND PROVISIONS OF THIS LEASE. TENANT ACKNOWLEDGES THAT THIS LEASE IS A LEGAL DOCUMENT AND IS INTENDED TO BE ENFORCEABLE AGAINST TENANT IN ACCORDANCE WITH ITS TERMS, CONDITIONS, COVENANTS AND PROVISIONS. TENANT SHOULD SEEK COMPETENT LEGAL ADVICE IF ANY PORTION OF THIS LEASE OR RELATED DOCUMENTS IS NOT CLEAR OR OTHERWISE UNDERSTOOD BY TENANT.

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 sue 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 TenantXxxxxx'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.