I certify that I am a tenant, or an officer, employee or guest of the Landlord Parties (defined below), in the project known as "The Torrance", located at 21250 Hawthorne Blvd., Torrance, California (the "Project"), which is owned by RREF II Pacific Center, LLC, a Delaware limited liability company, and is managed by CM management services, a California corporation, and CRUZAN AMENITIES, a California corporation (together, the "Landlord Parties"). I wish to use the gym, fitness center and the exercise equipment and facilities located at the Project (together, the "Gym"). I also acknowledge that use of the Gym is limited only to tenants of the Project and their on-site employees and authorized guests of Landlord Parties. I understand that use of the Gym may involve strenuous activity and certain facilities and activities are or may become dangerous. I have consulted a physician with respect to my physical condition and requirements for such activity or am otherwise aware of my physical capabilities and will utilize the Gym in light thereof. I further acknowledge that the facilities and equipment within the Gym can cause personal injuries even if not defective, or possess or develop defects of which Landlord is unaware. I agree to give the Landlord written notice of any defect in the facilities or equipment in the Gym immediately upon acquiring knowledge thereof. IN CONSIDERATION OF MY USE OF THE GYM, I HEREBY ASSUME THE RISK OF USING THE EQUIPMENT AND FACILITIES THEREIN. I AM AWARE THAT THE STRENUOUS ACTIVITY INVOLVED WITH USE OF THE GYM, AND THE RISK IN USING THE EQUIPMENT AND FACILITIES THEREIN, MAY AND OFTEN DOES PRESENT HAZARDS OF INJURY, KNOWN AND UNKNOWN. I AGREE TO NOT OPERATE, UNDER ANY CIRCUMSTANCE, THE ROLL-UP DOORS IN THE FACILITY. I AM VOLUNTARILY MAKING USE OF THE GYM WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH AND VERIFY THIS STATEMENT BY PLACING MY INITIALS HERE: As further consideration for my use of the Gym, I, for myself and my assigns, heirs, distributees, guardians, and legal representatives, hereby waive any claim or liability arising from whatever cause against, and release and hold harmless, the Landlord Parties and any of their respective partners, agents or managers, and their respective officers, directors, employees, shareholders, agents, affiliates, successors and assigns (collectively, "Released Parties"). I agree that I will not allow unauthorized persons to utilize the Gym and will take necessary steps to prohibit such persons from doing so. I agree to indemnify, defend and hold the Released Parties harmless from all actions, claims or demands (and consequent attorneys' fees and costs) that may be brought by (i) persons wrongfully accompanying me to the Gym, or (ii) their assigns, heirs, distributees, guardians and legal representatives, arising from said persons' use of the Gym. I sign this release in the State of California, and agree that it shall be interpreted, enforced and governed by the laws of that State. I agree that this release is intended to be as broad and as inclusive as permitted by law and that if any portion of this release is held invalid by a court of law, then that portion shall be deemed stricken and it is agreed that the remainder of this release shall continue in full force and effect without the invalid portion. This release is my final, complete and exclusive agreement with the Landlord Parties relating to the matters herein. This document cancels and replaces all of my prior understandings and agreements (if any) with the Landlord Parties concerning use of the Gym, and these terms may not be changed unless amended by a written document signed by Landlord Parties. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY WITH RESPECT TO MY INJURIES AND DAMAGES, AND AN ASSUMPTION OF LIABILITY WITH RESPECT TO INJURIES AND DAMAGES OF THIRD PERSONS, AND A CONTRACT BETWEEN MYSELF AND LANDLORD, AND SIGN IT OF MY OWN FREE WILL. Executed at Torrance, California, on December 21, 2024 |