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I, on behalf of myself, my heirs and assigns, in order to be allowed to (a) use the exercise facilities located at 8720 and 8725 Ariva Court as well as 4855 and 4955 Ariva Way (collectively, the “Fitness Centers”), (b) use the sporting, fitness, and recreation areas located throughout the Project (the “Sporting Areas”), and (c) participate in exercise activities at the Project, hereby agree as follows: 

  1. Defined Terms. The term “Project” means the four (4) buildings located at 8720 & 8725 Ariva Court & 4855 & 4955 Ariva Way, San Diego, California, commonly known as Vive and Ariva and owned by Sunroad Centrum Apartments 23, L.P and Sunroad Centrum Apartments 45, L.P. respectively, and the park located at 8578 Lightwave Ave, San Diego, California.  The term “Exercise Facilities” shall mean the Fitness Centers and Sporting Areas.
  2. Assumption of Risk. I understand that certain dangers are inherent in (i) exercise activities and (ii) the use of the Exercise Facilities and the equipment located within and on the Exercise Facilities. The Exercise Facilities will not be attended. I will adhere to the rules and warnings posted in or about the Exercise Facilities and on the equipment. I expressly assume all risk of and accept full responsibility in the event of any injury, loss, or damage of any nature (including death) which may occur as a result of my use of the Exercise Facilities or participation in exercise activities at the Project.
  3. Indemnification. I shall indemnify and defend Sunroad Centrum Apartments 23, L.P Sunroad Centrum Apartments 45, L.P., Avenue5 Residential LLC, DRVN Unlimited Inc. and their respective members, managers, partners, officers, directors, affiliates, agents, representative, employees, successors and assignees against any and all loss, injury, accident, expense, and claims of any type, including damages, attorney’s fees, costs, paralegal fees or other expenses of any kind arising as a result of my use of the Exercise Facilities or participation in exercise activities at the Project.
  4. Release from Liability. I hereby release Sunroad Centrum Apartments 23, L.P Sunroad Centrum Apartments 45, L.P., Avenue5 Residential LLC, DRVN Unlimited Inc. and their respective members, managers, partners, officers, directors, affiliates, agents, representative, employees, successors and assignees from any liability, whether or not caused by their own negligent acts or the negligent acts of their employees or contractors, in the event of any injury, loss, or damage of any nature (including death) to me or anyone else caused by my use of the Exercise Facilities or participation in exercise activities at the Project.
  5. Covenant.
    1. I promise that I will follow all instructions concerning the operation of the equipment within the Exercise Facilities and my participation in exercise activities at the Project, and that I will use all equipment as is intended by the equipment manufacturers (although there are still inherent risks associated with the activity even if the equipment is used properly). I will comply with all posted rules and heed all posted warning signs. I will exercise reasonable care when using the Exercise Facilities and participating in exercise activities at the Project.
    2. I am not now nor will I become impaired in any way by the use of intoxicants or otherwise before or during my use of the Exercise Facilities or participation in exercise activities at the Project. I do not have any medical conditions or physical disabilities which may prevent me (with reasonable accommodation) from safely using the Exercise Facilities or participating in any physical or exercise activity, including but not limited to exercising and physical exertion. I am in good physical condition and not currently under a doctor’s care.
    3. I certify that I have read and fully understand this Consent and Release, that I am at least eighteen (18), years of age, and legally competent to enter into this Consent and Release.
    4. I am an employee of the selected company below. Upon termination of my employment with that company, I will immediately cease using the Exercise Facilities and cease participating in exercise activities at the Project.
    5. I promise that within twenty-four hours after any accident or mishap involving my use of the Facility, I will deliver written notice of the event to Avenue5 Residential LLC, at the office of the building manager by certified mail, return receipt requested. 
  6. Governing Law. The Consent and Release shall be interpreted under the laws of the State of California and is intended to be as broad and inclusive as permitted under such law. If any portion of the Consent and Release is held to be unenforceable or invalid, the balance of the Consent and Release shall continue in full force and effect.

I hereby understand and agree to the above terms as evidenced by my signature below. 

October 20, 2019

First Participant's Name

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First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

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Second Participant's Date of Birth*
Third Participant's Name

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Third Participant's Date of Birth*
Fourth Participant's Name

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Fourth Participant's Date of Birth*
Fifth Participant's Name

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Fifth Participant's Date of Birth*
Sixth Participant's Name

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Sixth Participant's Date of Birth*
Seventh Participant's Name

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Eighth Participant's Name

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Eighth Participant's Date of Birth*
Ninth Participant's Name

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Tenth Participant's Name

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Participant Information
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