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. 24.1 An exercise center, which shall include exercise equipment, separate men’s and women’s showers and towel service, shall be provided by Landlord in the Complex (the “Fitness Facility”), which shall be commensurate in size and offerings (including as set forth herein), with other fitness facilities in Comparable Buildings in the Rosslyn area. The Fitness Facility shall be operated and maintained for the exclusive use of the office tenants of the Building, including Tenant, and its and their employees, without cost or expense to such users (except for special services, such as provisions of lockers, personal training, and other special services). Admission to the Fitness Facility will be obtained through the use of the access control system for the Building. Use of the Fitness Facility and the hours of operation thereof will be subject to such reasonable rules and regulations that Landlord or its agent may promulgate, and amend, from time to time, provided that the Fitness Facility shall be open during hours commensurate with other fitness facilities in first-class office buildings in the Rosslyn area. It is understood that no person shall be entitled to use the Fitness Facility until such person has signed a waiver to be prepared by Landlord and reasonably acceptable to Tenant (such approval right by Tenant being applicable in the case of Tenant’s employees only). There shall be no charge or fees for the use of the Fitness Facility, other than for specialty services separately hired and paid by individual users (e.g., for personal training and massages). The Fitness Facility shall contain separate men’s and women’s locker rooms, each containing not less than two (2) shower stalls (as well as sinks and toilets), which will be kept clean and operational by Landlord during the hours of operation of the Fitness Facility, in a manner consistent with the standards of a first-class fitness facility. Landlord shall cause the Fitness Facility and all equipment and improvements therein to be operated and maintained in accordance with the standards of a first-class fitness facility. Costs for initial construction of the Fitness Facility shall not be included in Operating Expenses, but costs of equipment leases may be included in Operating Expenses so long as they are included in the Base Year Costs. Costs for maintenance, stocking, and operation of the Fitness Facility, including utilities, equipment maintenance contracts, equipment leases, and towel service, shal...
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 ofLandlord 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. 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. 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. 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 Tenant 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 maintain an unstaffed fitness 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 (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) and from 8:00 a.m. to 1:00 p.m. on Saturday (excluding Holidays), and during such other hours as Landlord shall designate in its sole discretion. Use of the Fitness Facility will be limited to tenants of the Building and their employees, on a non-exclusive basis. Tenant and its employees shall use the Fitness Facility at their own risk and will provide such reasonable certifications of waiver of liability as Landlord may reasonably 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 a form to be provided by Landlord and reasonably acceptable to Tenant. Landlord shall reasonably consider any request by Tenant to modify or replace the exercise equipment located in the Fitness Facility, provided the foregoing shall not impose any affirmative obligation on Landlord to comply with any such request. 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 contract or terminate any party hired in connection therewith. Tenant shall have the right, at Tenant’s sole cost and expense and subject to the reasonable, non-discriminatory rules and regulations established by Landlord for the Fitness Facility, in common with others, to have one or more personal trainers and/or instructors operate in the Fitness Facility to provide fitness services and training to Tenant’s employees at reasonable times that do not conflict with previously scheduled fitness classes offered by the Fitness Facility.
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.
