As a condition to, and in consideration of, my use of the Fitness Center and the exercise and weight training facilities and equipment located at 251 18th St S, Arlington, VA, I hereby certify, covenant and agree as follows:
- I am an employee of the Tenant designated below.
- I am in good physical condition and able to use the facilities and equipment at the Center, and to participate in exercise and fitness activities available therein. I will exercise and participate in activities at the Center at my own pace and at my own risk. I have consulted with my physician or other qualified and licensed healthcare provider to determine whether or not I should use an exercise facility and/or participate in the activities at the Center.
- I represent that I have no disability, impairment, or ailment preventing me from engaging in active or passive exercise or that will be detrimental to my health, safety or physical condition if I do engage or participate.
- I understand that the Center is unstaffed and unsupervised.
- I understand that CESC Gateway/Square LLC represent that neither they nor any of their employees, personnel or agents has expertise in (a) diagnosing, examining or treating medical conditions of any kind, (b) determining the effect of any specific exercise, (c) prescribing any exercise program, or (d) instructing in the use of exercise equipment.
- I agree to notify the Landlord immediately by telephone or in person of any alleged injury or damage to any person or property relating to the use of the fitness center within forty‐eight (48) hours of any such alleged injury or damage.
- I acknowledge that, where applicable, I have received and read a copy of the Rules and Regulations governing the use of the Center. I agree that I will fully comply with these Rules and Regulations and any subsequent amendments. I further agree that that I will fully comply with any and all signage posted at or about the Center, including any equipment manufactures’ instructions or guidelines.
- I agree that I will wipe down and clean with disinfectant wipes all equipment and other facilities that I use in the Center before and after use.
- I agree that I will fully comply with all CDC and local department of health guidelines regarding use of face coverings and other associated safety measures that may be in place during the time of my use of the Center.
- I agree that I will not access or use the Center if I am sick, feel ill, have a fever, or think I may have been exposed to anyone diagnosed with a contagious or communicable disease or illness.
- I understand that in participating in one or more exercise or fitness activities at the Center or in my use of the facilities therein, there is a possibility of accidental or other physical injury or of loss of or damage to my personal property. I AGREE TO ASSUME THAT RISK OF SUCH INJURY OR LOSS OF PROPERTY OR DAMAGE TO PROPERTY, AND FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CESC GATEWAY/SQUARE LLC AND ANY OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, PERSONNEL, AGENTS, OR CONTRACTORS THEREOF, FROM LIABILITY FOR ANY AND ALL INJURY, LOSS, ILLNESS, HARM, COST, EXPENSE, CLAIM, SUIT, OR DAMAGE RESULTING FROM OR RELATED TO MY USE OF THE FACILITY OR THE EQUIPMENT AND FACILITIES THEREIN, OTHER THAN THAT WHICH RESULTS FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CESC GATEWAY/SQUARE LLC.
- I also understand that in accessing the Center and in my use of the facilities, and equipment therein, there is a possibility of exposure to any number of communicable diseases or other illnesses that are contagious in nature (collectively “Diseases”), and that such exposure could result in infection to myself and others (including members of my household and family) that may cause personal injury, illness, permanent disability or death. WITH RESPECT TO SUCH DISEASES, I AGREE TO ASSUME THAT RISK OF EXPOSURE, INFECTION, PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY OR DEATH AND FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CESC GATEWAY/SQUARE LLC AND ANY OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, PERSONNEL, AGENTS, OR CONTRACTORS THEREOF, FROM LIABILITY FOR ANY AND ALL INJURY (INCLUDING PERMANENT DISABILITY OR DEATH), INFECTION, LOSS, ILLNESS, HARM, COST, EXPENSE, CLAIM, SUIT, OR DAMAGE RESULTING FROM OR RELATED TO MY ACCESS AND USE OF THE CENTER OR THE EQUIPMENT AND FACILITIES THEREIN.
- I grant permission for first aid to be given to me in an emergency, and agree that I will be solely responsible for any medical costs which may arise as a result thereof or as a result of my use of the Center and/or the equipment and facilities located therein.