As a condition to, and in consideration of, my use of the 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.
1950 Opportunity Way
OPPORTUNITY FITNESS CENTER
Rules and Regulations
Rules and regulations for the use of the RTC Next Tower B 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 RTC Next Tower B Fitness Center reserves the right to amend, delete or add to these policies and procedures as necessary for the proper operation of the facility.
PLEASE READ AND SIGN. THIS SIGNED COPY OF THE RULES AND REGULATIONS WILL BECOME PART OF YOUR PERMANENT FILE.
HOURS OF OPERATION:
Mon-Fri – 5:00am – 10:00pm
Sat-Sun – 8:00am – 5:00pm
The RTC Next Tower B Fitness Center reserves the right to alter and amend the hours of operation from time to time as the need arises.
The RTC Next Tower B 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 RTC Next Tower B Fitness Center. The “no guest” policy is necessary for insurance purposes.
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.
While using the RTC Next Tower B Fitness Center, individuals may wear customary and appropriate athletic attire. Shirts are required and appropriate footwear must be worn at all times. NOTE: The RTC Next Tower B 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 are available for use during each exercise session. The RTC Next Tower B 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.
Shower facilities are provided within each locker room of the RTC Next Tower B Fitness Center. Please be mindful of others and of water conservation and keep showering time as short as possible.
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.
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 notify the on-site fitness center manager.
Tenants are required to comply with all rules, policies and procedures of the RTC Next Tower B Fitness Center. Violation of any applicable rule, policy or procedure will be grounds for either suspension or revocation of privileges to use the RTC Next Tower B Fitness Center.
I have read the above rules and regulations pertaining to my participation in the RTC Next Tower B 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.