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Opportunity Fitness Center Waiver of Liability

OPPORTUNITY FITNESS CENTER 

Waiver of Liability

As a condition to, and in consideration of, my use of the Opportunity Fitness Center (the “Fitness Center”) located at 1950 Opportunity Way, Reston, VA 20190 (the “Building”), I hereby certify, covenant, and agree as follows:

1.          I am over the age of 18 years. I am in good physical condition. I am familiar with and able to competently use the equipment, machines, weights, mats, mirrors, and other furnishings and facilities (collectively, the “Equipment”) located in or provided by or in connection with the Fitness Center. I am familiar with and able to participate in exercise and fitness activities and services available in the Fitness Center without any medical restrictions. I will perform all exercise, use the Equipment and participate in all activities at the Fitness Center at my own pace and at my own risk. I agree to follow all instructions regarding the use of the Equipment and to use the Equipment in a safe and responsible manner. I recognize and accept the inherent risk in using the Equipment and participating in any of the activities and services that may be provided at or in connection with the Fitness Center.

2.          I understand and agree that neither the owner of the Building, Boston Properties Limited Partnership, BP Management, L.P., nor Boston Properties, Inc. nor any of their employees, personnel, or agents of the owner or operator of the Fitness Center, if any, makes any representation or warranty to me regarding the Fitness Center or the fitness for use or suitability of the Equipment for the purpose for which I intend or have represented that I intend to use the Fitness Center and the Equipment.

3.          I understand that the employees, personnel, or agents of the owner or operator of the Fitness Center are not fitness or medical professionals, and they do not have any expertise in  diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on any medical or health condition(s).

4.          I grant permission for first aid and/or C.P.R. to be given to me in an emergency, as determined in the sole discretion of any of the employees, personnel, or agents of the owner or operator of the Fitness Center, and I agree that I will be solely responsible for any medical costs or expenses or any loss, liability or damage that may arise as a result thereof, or as a result of my use of the Fitness Center or Equipment in any manner whatsoever, including, without limitation, the costs of ambulance transportation or other emergency response services.

5.          I acknowledge that I have read and understand this Waiver of Liability and the attached Rules and Regulations (the “Rules and Regulations”) governing the use and hours of operation of the Fitness Center. I agree to fully comply with this Waiver of Liability and the Rules and Regulations as they are amended from time to time and posted in the Fitness Center.

6.          I will not provide access to the Fitness Center to any person who has not (x) executed and delivered to the operator of the Fitness Center a Waiver of Liability, and (y) received the express written permission of such operator to use the Fitness Center.

7.          I understand that in participating in one or more exercise, fitness or other activities, or in using the Equipment or any permitted personal training services, at the Fitness Center that there is a possibility of accidental or other physical injury or death to me or of loss or damage to my property.  I hereby assume all risk of any and all accidents, injuries and damages of any kind, which may be sustained by me or my property (including any injuries or damages resulting from the actions or omissions of another person using the Fitness Center) and which are caused by or in connection with my use of the Fitness Center or the Equipment, or participation in any of the activities or services provided by the Fitness Center.   I hereby agree to indemnify, defend and hold harmless, to fully and forever release and discharge, and to not to seek any damages, compensation or recovery whatsoever from, the owner of the Building, the operator of the Fitness Center, Boston Properties Limited Partnership, Boston Properties, Inc., BP Management, L.P., any tenants in the Building, and any of their respective officers, directors, shareholders, partners, members, employees, personnel, or agents (collectively, the “Indemnitees”) with respect to any and all liabilities, losses, costs, damages, claims, expenses (including attorneys’ fees), actions, causes of action, suits or liabilities of every kind and nature whatsoever, including without limitation those as to illness, harm, bodily injuries, including death at any time resulting therefrom, and loss or damage to property, and the consequences therefrom, in any manner incident to, arising out of, or in consequence of my use of the Fitness Center or the Equipment, or participation in any of the activities or services provided by the Fitness Center (collectively, “Losses”), except to the extent that any of the foregoing Losses is caused by the intentional act or intentional omission of any of the Indemnitees.

8.          I certify that my use of the shower facilities located in the Fitness Center is voluntary, and that my use of these facilities is in no way a requirement of or related to my employment duties with the Employer/Company specified below.


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Rules and Regulations

Rules and regulations for the use of the Opportunity Fitness Center (the “Fitness Center”) are established and enforced by Boston Properties. Each individual using the fitness center is asked to comply with the following rules and regulations. The Fitness Center reserves the right to amend, delete or add to these policies and procedures as necessary for the proper operation of the facility.

THIS SIGNED COPY OF THE RULES AND REGULATIONS WILL BECOME PART OF YOUR PERMANENT FILE.

HOURS OF OPERATION

Monday – Friday:                    5:00 a.m. to 10:00 p.m.

Saturday – Sunday:                  8:00 a.m. to 5:00 p.m.

The Fitness Center reserves the right to alter and amend the hours of operation from time to time as the need arises.

GUEST RULES

The Fitness Center is for the exclusive use of the tenants at RTC Next. All users must have an executed Waiver of Liability on file with Boston Properties prior to using this facility. Guests are not permitted to use the Fitness Center. The “no guest” policy is necessary for insurance purposes.

NOISE AND CONDUCT

Excessive noise, loud music, and profanity (whether live, amplified, recorded or otherwise) is not permitted in the Fitness Center. Users shall comply with any requests from Boston Properties to limit or cease such activity that is, in Boston Properties’ reasonable judgement, disturbing other users of the Fitness Center and/or resulting in excessive noise. Failure to comply and/or repeated offenses may result in the suspension or revocation of user’s access to the Fitness Center.

FOOD AND BEVERAGE/SMOKING

No food or beverages may be consumed in either the locker rooms or exercise room with the exception of water. Smoking is absolutely prohibited within the confines of the facility including the locker rooms.

PROPER ATTIRE

While using the Fitness Center, individuals may wear customary and appropriate athletic attire. Shirts are required and appropriate footwear must be worn at all times. NOTE: The Fitness Center reserves the right to deny admission to anyone wearing inappropriate footwear or attire, including attire with suggestive, lewd, or offensive legends or logos.

LOCKERS

Lockers are available for use during each exercise session. The Fitness Center and its affiliates are not responsible for items lost, stolen, or damaged while stored in lockers or within other areas of the fitness center. Gym bags will not be allowed in the exercise room. PERSONAL BELONGINGS ARE NOT TO BE LEFT IN LOCKERS EXCEPT WHILE YOU ARE EXERCISING. THESE ITEMS WILL BE REMOVED IF LEFT OVERNIGHT.

SHOWERS

Shower facilities are provided within each locker room of the Fitness Center. Please be mindful of others and of water conservation and keep showering time as short as possible.

EQUIPMENT

Tenants are to return all equipment to its proper location when they have completed their workout in the free weight area. All cardiovascular equipment must be wiped down using the wipes provided in the facility.

EQUIPMENT MALFUNCTIONS

Tenants should immediately report any piece of equipment that is not functioning properly so that it may be evaluated and serviced promptly. Please understand and acknowledge that equipment may, from time to time, be out of order. When special factory parts must be ordered, some units may be unavailable for several weeks. Please understand that any equipment in need of maintenance will be repaired as quickly as possible. If you encounter malfunctioning or broken fitness equipment, please place a work order via the work order system at www.bptenantservices.com

COMPLIANCE

Tenants are required to comply with all rules, policies, and procedures of the Fitness Center. Violation of any applicable rule, policy or procedure will be grounds for either suspension or revocation of privileges to use the Fitness Center.

I have read the above rules and regulations pertaining to my participation in the Fitness Center. I will comply with said requirements with the understanding that if I do not, my use of the fitness center may be suspended or revoked.




First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information:

Employer/ Company *
I will need:*
Male Locker Room Access
Female Locker Room Access

Please write your Badge/Fob/Card Number. *

If you have a 26 digit HID card, please only include the 5-digits after the asterisk

Example HID card format: 10101010 1*10101 10101010101-1

If you have a DataWatch badge or fob, please include the entire 8-digit number

Example DataWatch format: 123-14678


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

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information:

Employer/ Company *
I will need:*
Male Locker Room Access
Female Locker Room Access

Please write your Badge/Fob/Card Number. *

If you have a 26 digit HID card, please only include the 5-digits after the asterisk

Example HID card format: 10101010 1*10101 10101010101-1

If you have a DataWatch badge or fob, please include the entire 8-digit number

Example DataWatch format: 123-14678


Signature Date *
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information:

Employer/ Company *
I will need:*
Male Locker Room Access
Female Locker Room Access

Please write your Badge/Fob/Card Number. *

If you have a 26 digit HID card, please only include the 5-digits after the asterisk

Example HID card format: 10101010 1*10101 10101010101-1

If you have a DataWatch badge or fob, please include the entire 8-digit number

Example DataWatch format: 123-14678


Signature Date *
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information:

Employer/ Company *
I will need:*
Male Locker Room Access
Female Locker Room Access

Please write your Badge/Fob/Card Number. *

If you have a 26 digit HID card, please only include the 5-digits after the asterisk

Example HID card format: 10101010 1*10101 10101010101-1

If you have a DataWatch badge or fob, please include the entire 8-digit number

Example DataWatch format: 123-14678


Signature Date *
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information:

Employer/ Company *
I will need:*
Male Locker Room Access
Female Locker Room Access

Please write your Badge/Fob/Card Number. *

If you have a 26 digit HID card, please only include the 5-digits after the asterisk

Example HID card format: 10101010 1*10101 10101010101-1

If you have a DataWatch badge or fob, please include the entire 8-digit number

Example DataWatch format: 123-14678


Signature Date *
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information:

Employer/ Company *
I will need:*
Male Locker Room Access
Female Locker Room Access

Please write your Badge/Fob/Card Number. *

If you have a 26 digit HID card, please only include the 5-digits after the asterisk

Example HID card format: 10101010 1*10101 10101010101-1

If you have a DataWatch badge or fob, please include the entire 8-digit number

Example DataWatch format: 123-14678


Signature Date *
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information:

Employer/ Company *
I will need:*
Male Locker Room Access
Female Locker Room Access

Please write your Badge/Fob/Card Number. *

If you have a 26 digit HID card, please only include the 5-digits after the asterisk

Example HID card format: 10101010 1*10101 10101010101-1

If you have a DataWatch badge or fob, please include the entire 8-digit number

Example DataWatch format: 123-14678


Signature Date *
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information:

Employer/ Company *
I will need:*
Male Locker Room Access
Female Locker Room Access

Please write your Badge/Fob/Card Number. *

If you have a 26 digit HID card, please only include the 5-digits after the asterisk

Example HID card format: 10101010 1*10101 10101010101-1

If you have a DataWatch badge or fob, please include the entire 8-digit number

Example DataWatch format: 123-14678


Signature Date *
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information:

Employer/ Company *
I will need:*
Male Locker Room Access
Female Locker Room Access

Please write your Badge/Fob/Card Number. *

If you have a 26 digit HID card, please only include the 5-digits after the asterisk

Example HID card format: 10101010 1*10101 10101010101-1

If you have a DataWatch badge or fob, please include the entire 8-digit number

Example DataWatch format: 123-14678


Signature Date *
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information:

Employer/ Company *
I will need:*
Male Locker Room Access
Female Locker Room Access

Please write your Badge/Fob/Card Number. *

If you have a 26 digit HID card, please only include the 5-digits after the asterisk

Example HID card format: 10101010 1*10101 10101010101-1

If you have a DataWatch badge or fob, please include the entire 8-digit number

Example DataWatch format: 123-14678


Signature Date *
Parent or Guardian's Email Address

Email*

Confirm Email*
By signing this waiver, I acknowledge that my access to the fitness center will be granted within 1-3 days.
Yes
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information:

Employer/ Company *
I will need:*
Male Locker Room Access
Female Locker Room Access

Please write your Badge/Fob/Card Number. *

If you have a 26 digit HID card, please only include the 5-digits after the asterisk

Example HID card format: 10101010 1*10101 10101010101-1

If you have a DataWatch badge or fob, please include the entire 8-digit number

Example DataWatch format: 123-14678


Signature Date *
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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