Fitness Center Rules & Waiver

WAIVER OF LIABILITY

In order to use the exercise and weight training facilities and equipment located at 11111 Sunset Hills (the "Facility"), I hereby certify, covenant, and agree with TMG ACQUISITION G, L.L.C. and each of their members (collectively, "Owner") and Cushman and Wakefield USA ("Manager") as follows:

I am an employee of * ("Tenant")

1. I am at least eighteen (18) years of age and I am in good physical condition and able to use the Facility and all equipment or videos therein contained and able to participate in any and all exercise and fitness activities available. I fully recognize that I am responsible for knowledge of my own state of health at all times. I have a reasonable basis for this opinion due to examination and/or consultation with my physician.

2. I understand and acknowledge that the Facility shall be unmanned and unsupervised and that neither the Owner nor the Manager, or any of the Owner's or Manager's agents, shall provide nor be obligated to provide attendants or instructions regarding the use of any exercise equipment within the Facility. I agree that I am solely responsible for educating myself as to the safe and proper use of the equipment at the Facility. I understand that any and all employees or agents of the Owner and/or Manager who may be present at any time in the Facility are not trained or authorized to provide health, fitness or medical assistance or advice. I will do all exercise and participate in all activities at my own pace and at my own risk. I will use good judgement while exercising, will not overexert, and will follow any instructions concerning exercise procedures. If I have any questions regarding my workout, I will consult a trained professional. I agree that I will not use any equipment in the Facility for which I do not know the safe and proper use and I agree that I will not misuse any equipment in the Facility. I will assume the risk of injury resulting from my use of any equipment in the Facility with which I am not familiar or from my misuse of any such equipment.

3. I understand that neither Owner, its employees and/or agents, nor the Cushman and Wakefield USA Manager represents that its employees, personnel or agents have expertise in diagnosing, examining, or treating medical conditions of any kind or in determining the effect of any specific exercise on such medical condition.

4. I understand that in participation of one or more fitness activities at the Facility, including aerobic videos done without supervision, or any use of the equipment or the Facility, there is a possibility of accidental or other physical injury or loss of my personal property. I agree to assume that risk of any such accident or injury or loss of property. I, for myself, my heirs and representatives, hereby release and discharge and agree to indemnify and hold harmless the Owner, its wholly owned subsidiaries and agents, Cushman and Wakefield USA, the Manager, the Owner's and the Manager's officers, agents, employees, personnel, partners, directors, shareholders, affiliates, and other representatives, and their successors and assigns, and any third party fitness provider (including its employees, personnel, partners, directors, shareholders, affiliates, and other representatives) (collectively, the "Released Parties"), and hereby waive any claim I may have or right of action against the Released Parties, from or in connection with any and all liability, harm, damage, expense, cause of action, suit, claim, judgment and cost of defense (including reasonable attorneys' fees) arising from any injury, accident, theft of my property, or any other loss in connection with my use of or entry into the Facility.

5. I hereby acknowledge and agree that the use of the Facility is not required in any way by any employer within the building and is provided solely for my personal use and is outside the scope of my employment. Accordingly, I agree that my use of the Facility shall be at my sole risk and neither the Owner nor the Manager (or its or their respective agents) shall be liable to me or any other person for any injuries, liabilities, damages, expenses, causes of action, suits, claims, judgments and/or costs whatsoever arising out of or connected with my use of the Facility.

6. I acknowledge that I have received and read a copy of the Fitness Center Rules and Regulations attached hereto and incorporated herein. I agree that I will fully comply with these Rules and Regulations as they are amended from time to time.

7. I acknowledge that this Consent and my right to utilize the Facility shall terminate upon (a) the termination of my employment with the Tenant, (b) the termination of the Tenant's lease with the Owner, or (c) my violation of this Consent or any rules and/or regulation promulgated hereunder from time to time by the Owner.

8. I acknowledge and agree that I will report as soon as reasonably possible any and all conditions noted to be unsafe, including but not limited to damaged equipment or violation of this Consent and/or any Rules and Regulations by any other person in the Facility.

9. I acknowledge and agree that my right to utilize the Facility pursuant to the terms and conditions of this Consent is not transferable.

10. I will not invite or encourage the use of the Facility by any person other than another on-site employee of a tenant in the building in which the Facility is located, who has been authorized to so use the Facility.

11. I acknowledge and agree that this Consent, together with the Rules and Regulations promulgated from time to time hereunder, contains the entire agreement with respect to my use and operation of the Facility and is intended to be an integration of all prior agreements and understandings. Owner shall not be bound by any terms, conditions, statement, warranty or representations, oral or written, not contained in this Consent. No charge or modification of this Consent shall be valid unless the same is in writing and is signed by the Owner.



COVID-19 WAIVER

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious. In order to use the fitness center, equipment and fitness center restrooms located at the above referenced building (the "Fitness Center"), I hereby certify, covenant, and agree as follows:

  1. I understand and acknowledge and agree that neither the owner of the building ("Owner"), nor the property management company ("Manager"), nor any of their agents, advisors or employees, have any expertise in diagnosing, examining or treating medical conditions of any kind.

  2. I understand and acknowledge the contagious nature of COVID-19, and I understand, acknowledge and agree that none of Owner, Manager, or their agents, advisors or employees, can ensure that I will not become infected with COVID-19 related to the use of the Fitness Center, or otherwise. I agree that use of and access to the Fitness Center is strictly voluntary, that I am personally responsible for my safety and actions while using the Fitness Center, and I agree to comply with all of Owner's and Manager's policies and rules with respect to the same, including but not limited to all policies, guidelines, signage, and instructions.

  3. I understand and acknowledge and agree that Landlord may suspend the operations of the Fitness Center and/or any of the services provided in connection therewith and Landlord shall not be obligated to provide any towel service and/or personal care/hygiene products such as soap, shampoo, mouthwash, etc. and I shall be solely and exclusively responsible for providing my own towel(s), soap, shampoo, mouthwash and/or any other personal care/hygiene products. I agree not to utilize the Fitness Center at any time that I am feeling physically unwell and/or have a temperature of greater than 100.4 degrees Fahrenheit.

  4. With full awareness and appreciation of the risks involved, I voluntarily assume all risks with respect to use of the Fitness Center and that such risks may include personal injury, illness, permanent disability, and/or death. I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby release and discharge Owner and Manager, their respective officers, agents, employees, personnel, partners, directors, shareholders, affiliates and other representatives, and their successors and assigns (collectively, the "Released Parties"), from any and all liability, harm and damage, and waive any and all claims whatsoever, for any injury, illness, permanent disability, death, and/or loss in connection with my use of the Fitness Center. In addition, I hereby agree to defend, indemnify and hold harmless the Released Parties from any and all costs, claims, liability, harm, damage or expenses resulting from any of the foregoing.

  5. By signing below, I acknowledge and represent that I have read the foregoing Agreement, Consent and Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the release of liability and indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using the Fitness Center to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Agreement, Consent and Waiver of Liability shall be governed by and construed in accordance with the laws of the jurisdiction in which the Building is located, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of this Agreement, Consent and Waiver of Liability as a whole.



RULES & REGULATIONS

The following Rules and Regulations are intended to make the fitness facility ("Facility") at 11111 Sunset Hills as safe, enjoyable and pleasant as possible for all Users. These Rules are applicable to all Users and may be changed from time to time in order to provide for the safe, orderly and enjoyable use of the Facility's facilities and equipment.

USE OF FACILITY
  1. Users shall use the Facility and related equipment solely for weight and cardiovascular training on the equipment provided.

  2. Users shall not misuse or use the Facility and related equipment in any manner which will damage the same.

  3. Users shall not drop or throw weights on the floors. Weights must be placed on the floor gently so as to not damage floor.

  4. All weights must be returned to their designated place after use.

  5. Please be courteous; all elliptical equipment, mats, benches, seat handles, etc, must be wiped down with the building-provided antibacterial wipes after each use.

  6. Please limit the time in using each piece of equipment to no more than 25 minutes during peak hours or when others are waiting.

  7. Do not use any equipment that is broken or marked "Out of Order."

  8. Users shall not install, nor tamper with or remove, any equipment in the Facility.

  9. No person may use the Facility unless they have signed a Waiver of Liability. This Facility is open to Tenants only. Guests are not authorized to use the Facility and Users shall not grant access to the Facility, nor permit the Facility to be used, by any unauthorized person. Children under the age of 18 are not permitted in the Facility.

  10. Food and beverages (other than water) shall not be brought to the Facility for consumption on the premises. Alcoholic beverages are strictly prohibited.

  11. Locks on lockers are permissible, but all articles and locks must be removed when the User leaves the Facility. Landlord and Building Manager take no responsibility for personal possessions left in the Facility. Landlord and Building Manager reserve the right to remove and dispose of any locks or personal possessions remaining in the Facility when it closes each day. Landlord and Building Manager make no representation or warranty that the use of any locker will protect User's personal property from damage, loss, or theft. Articles removed from lockers can be retrieved from the management office by calling 703-506-4551. After 60 days, items will be donated to Goodwill.

  12. No person shall leave any litter, trash, debris, or articles of clothing at the Facility. The entry door(s) to the Facility shall be kept closed at all times.

CLOTHING
  1. The minimum attire at the Facility shall be gym shorts, tee shirts, socks, and athletic shoes.

  2. Any conventional exercise attire is permissible, including leotards and tights, warm-up suits, etc.

  3. Sneakers, tennis shoes, or similar footwear must be worn at all times.

  4. Shirt must be worn at all times.

  5. Users of the Facility must wear clean and appropriate attire when in transit to and from the Facility, which may include, but not limited to, warm-up suits and sweat suits.

CONDUCT
  1. Any conduct which unreasonably interferes with the use or enjoyment of Facility or the equipment by others, or disrupts or interferes with the normal, safe, orderly and efficient operation of the Facility or the equipment, is strictly prohibited.

  2. Swearing, cussing and foul language is strictly prohibited.

  3. Spitting of any kind anywhere in the Facility is strictly prohibited.

  4. Cell phone usage is allowed but must be used with headphones set or hand set. Use of the speaker phone is strictly prohibited.

  5. Radios or other similar personal audio equipment may not be used without headphones.

  6. No User shall make, or permit to be made, any disturbing noises or disturb or interfere with the occupants of the Building or neighboring Buildings or premises or those having business with them, whether by the use of any musical instrument, radio, loud speaker or other sound system.

  7. Smoking of any kind or any other consumption of tobacco products is strictly prohibited in the Facility.

GENERAL
  1. HOURS OF OPERATION: The Facility is open only between the hours of 5:00 a.m. and 8:00 p.m., Monday through Friday and Saturday between the hours of 9:00 a.m. and 1:00 p.m. The Facility is closed on Sunday and Building Federal Holidays.

  2. JANITORIAL STAFF: Janitorial Staff is permitted to restock and clean the Facility during the day and in the evening while the Facility is in use.

  3. SOLICITATIONS AND PETITIONS: Solicitation for the sale of any product or service, or for charitable contributions, and petitions of any kind, are strictly prohibited at the Facility.

  4. DATAWATCH ACCESS CARD: User agrees to keep any card key provided to User in User's possession and control at all times until required or requested to surrender the same, and in no event shall User lend or otherwise transfer his or her card key to any other person. Neither Landlord nor the Building Manager assumes responsibility for lost or stolen keys. Users must not permit anyone to gain access by "tailgating" during entry into the Facility.

  5. NOTICES, COMPLAINTS, OR SUGGESTIONS: Users must immediately notify Landlord or Building Manager in the event that they discover any unsafe or hazardous defect or condition relating to the Facility or the equipment. Complaints or suggestions as to the operation, maintenance, services, or equipment at the Facility should be directed to the Building Manager.

  6.NO REPRESENTATION: User hereby acknowledges that the installation of equipment, devices and/or facilities in or serving the Facility shall in no way be deemed a representation or warranty by Operator regarding the efficiency or safety of the same, nor as an agreement or undertaking by, or obligation of, Operator to protect, indemnify or hold User harmless from any harm of any type or to ensure User's safety. It is expressly understood and agreed that use of the Facility by User shall be at User's sole risk.



ACKNOWLEDGMENT

Repeated failure or refusal to comply with these Rules and Regulations will result in the loss of privileges. Landlord or Building Manager may prohibit the use, or close the Facility at any time if misused in any way.

User must sign below acknowledging that they have read and clearly understand all the above rules and regulations of the facility before Landlord or Building Manager will allow access to the Facility.

READ AND UNDERSTOOD BY:
Tenant Name, Building and Suite Number *
Employee Name *
Employee Phone Number *
Datawatch Access Card Number *
Select one
E-signature *
Date *

* Required