Forms

Member Agreement

In consideration of 301 Congress agreement to furnish the undersigned with an access card for the use of the private health club facilities and equipment in 301 CONGRESS FITNESS CENTER, the undersigned hereby acknowledges and agrees that he/she shall save harmless, exonerate and indemnify PR 301 CONGRESS, LP (Landlord) and HPI Real Estate Management, Inc. (Agent for Owner) and its successors and assigns (collectively and individually "301 Congress") and their directors, officers agents and employees, from and against any and all claims, liabilities or penalties arising out of the undersigned's use of the health club facilities and equipment or violation of its rules and regulations. This waiver and release shall encompass, but is not limited to, and all claims, liabilities or penalties arising from personal injuries, property damage or other losses which the undersigned might sustain in connection with his or her use of the health club facilities and equipment, regardless of whether or not such claim, liability or penalty arises in whole or in part by the action, inaction or negligence of 301 Congress, or whether such claim, liability or injury is caused in whole or in part by the actions or inactions of any third party. In this regard, the undersigned hereby agrees to use the health club facilities and equipment at his/ her own risk and to assume all risk of any such occurrences on the premises, or otherwise. The undersigned acknowledges that 301 Congress has not made any warranties, guaranties or representations of any kind whatsoever regarding the condition of the health club facilities or equipment, and that 301 Congress is not providing supervision of activity in the facilities or security for the facilities other than the provision of access cards. The undersigned further acknowledges that he/she is aware that engaging in physical exercise and using the health club facilities and equipment could cause injury to the undersigned and that the undersigned has voluntarily chosen to engage in such activities. The undersigned acknowledges that is their sole responsible to consult with a physician regarding any medical condition, impairment or disability that might impact on the advisability of participation in or with 301 Congress Fitness Center equipment, classes or services offered in the facility. The undersigned further (i) agrees that his/her right to use 301 Congress Fitness Center is subject to rules and regulations imposed from time to time by 301 Congress, with which the undersigned agrees to comply, and (ii) acknowledges that such rules and regulations, inter alia, prohibit any card holder from affording access to 301 Congress Fitness Center to any individual who has not been given an access card by 301 Congress.

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301 Congress Fitness Center Rules & Regulations

1. The Fitness Center is open 24 hours a day 365 days a year.

2. Anyone wishing to access the fitness center will be required to complete a "Waiver". The Fitness Center is for the enjoyment of all 301 tenants and their employees. (no friends, children, relatives or vendors NO EXCEPTIONS!). If this becomes an issue we will be forced to close the gym indefinitely.

3. Facial coverings are encouraged but not mandatory.

4. There are hand sanitizing stations throughout the facility, please use them freely and remember to disinfect equipment after each use.

5. The lockers are intended to be used by fitness center members while they are present within the center. Security is instructed to open all lockers after 10:00 p.m. every night and place any contents into the lost and found located at the security desk. Landlord shall not be liable for the disappearance, loss, theft or damage to or of any Members personal property.

6. Glass containers and alcoholic beverages are not permitted in the Fitness Center. All portable music players must be used with headphones. Please refrain from using your cell phone in the fitness center and locker rooms. If you need to make a call, please step out into the lobby.

7. Shoes must be worn in the weight and cardio equipment areas of the gym at all times.

8. Landlord reserves the right, to terminate or suspend, for such period of time as Landlord shall deem appropriate, any privileges of Member for Members failure to comply with any provision of the Membership Agreement or for any other actions that are in any way detrimental to the best interest of the operations of the Fitness Center or its use by other members. Landlord may terminate membership orally with subsequent written notification to the last known employer of Member. Upon notification of termination or suspension, Member's access card will be de-activated.

THE UNDERSIGNED FURTHER ACKNOWLEDGES THAT HE/SHE HAS CAREFULLY READ THIS AGREEMENT AND UNDERSTANDS THAT, UNDER THIS AGREEMENT, THE UNDERSIGNED HAS WAIVED AND /OR RELINQUISHED ANY RIGHT TO MAKE ANY CLAIM AGAINST PR 301 CONGRESS, L.P., HPI REAL ESTATE MANAGEMENT, INC. OR ANY PARTY FOR WHOSE CONDUCT 301 CONGRESS MIGHT OTHERWISE BE RESPONSIBLE AND WHICH HAVE ARISEN OUT OF THE USE OF THE HEALTH FACILITIES BY THE UNDERSIGNED.