RELEASE OF LIABILITY
Kilroy Realty L.P., a Delaware limited partnership (“Owner”) is the owner of the properties commonly known as “Sabre Springs Corporate Center” and “Kilroy Sabre Springs” which contain the buildings located at 13280, 13290, 13480, 13500 and 13520 Evening Creek Drive, San Diego, California 92128 (each, a “Building”). The Building located at 13500 Evening Creek Drive contains a fitness center containing various types of exercise machines and related equipment (the “Fitness Center”).
The undersigned represents that he/she is currently employed by a tenant or occupant of one of the Buildings and that such Building is his/her primary place of work (as opposed to other buildings occupied by his/her employer in the surrounding areas). The undersigned acknowledges that he/she has voluntarily chosen to utilize the Fitness Center and participate in exercise and/or sport programs in connection therewith, and hereby confirms and agrees as follows:
1. I AM AWARE THAT EXERCISE AND RELATED SPORT ACTIVITIES ARE STRENUOUS AND MAY BE HAZARDOUS, depending upon the nature and extent of my participation or involvement and the equipment or sport activity in which I am involved, and I hereby agree to accept any and all risks of injury or death, occasioned by my participation in such activities. In consideration for being permitted to utilize the Fitness Center, or for my engaging in any contest, game, sports activity, exercise, function, competition or other activity at the Fitness Center or organized, arranged or sponsored by Owner or any other person or entity having the right to manage or utilize the Fitness Center, whether such activity is on or off the Fitness Center premises, I, on behalf of myself and my heirs, personal representatives, successors and assigns (collectively, the “Releasing Parties”) agree that the Releasing Parties:
1.1 shall not make any claim against or sue Owner or any of the parties named in Paragraph 2 below for any act or omission or in connection with any injury or damage to persons or property occasioned by or resulting from the Releasing Parties’ use of the Fitness Center;
1.2 do hereby release and discharge Owner from any and all actions, claims and demands the Releasing Parties have or may hereafter have for any injury or damage, including death, that any of the Releasing Parties may sustain or incur that is in any way related to a Releasing Parties’ use of the Fitness Center; and
1.3 do hereby hold Owner free and harmless from and indemnified against any and all loss, cost, claim, injury, damage or liability sustained or resulting to me or any of the Releasing Parties.
2. For purposes of this agreement, the provisions of Paragraph 1 above shall extend and apply to Owner and its affiliates and their respective partners, principals, officers, directors, employees, representatives, agents, contractors and assigns.
Neither Owner nor any of the entities or persons described in Paragraph 2 above shall be responsible or liable to me or my guests at the Fitness Center for loss or theft of personal property. Any property left by me or my guests on the premises of the Fitness Center, without provision for its storage, may be disposed of or sold without notice.
I, THE UNDERSIGNED, CONFIRM I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND OWNER AND EXTENDING TO THE ENTITIES AND PERSONS DESCRIBED IN PARAGRAPH 2 ABOVE, AND I SIGN IT OF MY OWN FREE WILL.
Today's Date: January 23, 2021