237@First Fitness Center Participation Waiver
AGREEMENT, INFORMED CONSENT AND RELEASE OF LIABILITY
I, the undersigned, execute this Agreement, Informed Consent, and Release of Liability (this “Agreement”) on the date written below (the “Effective Date”), in favor of SPUS9 237 AT FIRST STREET, LP, a Delaware limited partnership, its affiliates, subsidiaries, its past or present investors, officers, directors, managers, employees, instructors, supervisors, agents, property managers, representatives and assigns (collectively known as “Owner”). I hereby acknowledge that I have voluntarily elected to utilize or engage in the health and fitness related training, classes, programs, events or activities, provided by Owner and using the fitness center and related facilities (the “Facilities”) located at 4353 North First Street and 4453 North First Street, San Jose, California (collectively, the “Property”).
I understand that my use of the Facilities is strictly voluntary, and that I may discontinue my use of these Facilities at any time, in my sole discretion.
I agree to be bound by and obey all rules, guidelines, and regulations for the use of the Facilities which may be promulgated from time to time by Owner.
I hereby certify that I am physically and mentally capable of performing the physical activity I choose to participate in while using the Facilities.
I am aware that my use of these Facilities may be potentially hazardous and that there are possibilities of injury or other complications including, but not limited to, illness or contraction of disease (including, without limitation, COVID-19), accidents, falls, contact with other participants, musculoskeletal injuries, cardiovascular trauma, neurological impairment, heart attack or death. I am voluntarily making use the Facilities with knowledge the danger involved and hereby agree to assume any and all risks of injury or death.
I understand and agree that Owner or the fitness center operator may not be held liable in any way for any harm, injury, death or other damages that may occur as a result of my use of the Facilities, and in consideration of same, I hereby personally assume all risks associated with my use of the Facilities, whether foreseen or unforeseen, for any harm, injury, death or other damages that may befall me as a result of my use.
As lawful consideration for being permitted by Owner to use the Facilities, I for myself and on behalf of my family, estate, heirs, guardians, legal representatives and assigns, hereby agree not to take claim against, sue, attach the property of or prosecute Owner, including, without limitation, the fitness center operator, and other participants and users of the Facilities (collectively, the "Releasees"), for any and all injury, death, loss or damage to person or property resulting from the negligence or other acts, however caused, by any Releasee or any of their respective employees, agents or contractors. In addition, I hereby relieve and discharge the Releasees from all actions, claims or demands I, my family, estate, heirs, guardians, legal representatives and assigns now have or may hereafter have for injury, death, loss or damage resulting from my use of the Facilities and/or participation in activities in the Facilities. I hereby agree to indemnify defend, hold harmless, release and discharge Releasees from all claims, demands, injuries, damage actions causes of action and from all acts of active or passive negligence on the part of the Releasees for any damages, injuries or losses that I may sustain arising from or in connection with the use of the Facilities, including without limitation, attorney’s fees, costs, and expenses of any litigation, arbitration or other proceeding.
I am aware that California Civil Code Section 1542 provides that a general release will not release those claims I did not know about at the time of executing this Agreement. Since it is my intention that under this Agreement, I forever release any claim I have, or may have against Owner and the Releasees, I specifically and knowingly waive any rights afforded by Section 1542 which provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor".
COVID-19 Membership Rules
All participants using the 237@First Fitness Center are expected to follow these guidelines and policies.
I agree to follow all COVID-19 personal protective guidelines as directed by Santa Clara County. The following additional rules are in place going forward in an effort to keep all of us safe and healthy and create the best possible experience for you while using the club.
Personal Protective Measures (Note these personal protective measures may be updated from time to time as directed by the Santa Clara County Public Health Department. Current guidelines will be posted in the fitness center.)
You agree to wear a face covering at all times
You agree to bring your own water bottle and towel
You agree to adhere to social distancing markers and guidelines
6 feet of space during all other activity You agree not to use the Gym if you exhibit any of the following symptoms or circumstances.
Been exposed to or tested positive for COVID-19 within the past 14 days.
Shortness of Breath
Loss of Taste or Smell
Cleanliness and Sanitation
You agree to wipe down each machine and each piece of equipment you utilize before and after use with the cleaning products provided by the Gym.
I understand that failure to follow the above rules may result in one or all of the following:
Verbal Warning from Team
Suspension of Gym Membership
Termination of Gym Membership
You hereby assume full responsibility for all risk of injury, illness or loss which may result from your participation in the activities offered at the fitness center.
You understand and agree that COVID-19 is a communicable disease about which the medical field is still learning. You also understand and agree that COVID-19 is a disease that may be contagious before the carrier is symptomatic. The 237@First Fitness Center follows all CDC guidelines in its efforts to properly clean, sanitize and otherwise protect its members from the spread of the disease. However, the 237@First Fitness Center must also rely upon its members to assist in these efforts. To that end, you hereby agree to follow all member rules and requirements while in 237@First facilities.
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