Waiver and Release of Claims Arising Out of the Use of the
La Jolla Commons Fitness Center and Shower Facilities
I (name given above) hereby request permission to use the Fitness Center located on the ground floor of La Jolla Commons, 4747 Executive Drive, the bicycles provided for tenant use located on the P1 Level of the parking garage the Tower Shower Facilities located on the P1 Level of the parking garage, 4757 Executive Drive and the Common Area Park and Facilities adjacent to the 4757 Executive Drive Building in San Diego, California together with any and all equipment and other facilities located therein (the "Fitness Facilities"). I understand and acknowledge that the Fitness Facilities are not public facilities, but rather is for the exclusive use of those individuals, such as myself, as are specifically authorized in writing by ("Landlord") or its authorized representative to use the facilities, and who read and sign this WAIVER AND RELEASE. I understand and acknowledge that there are risks associated with vigorous exercise, weight training, or other activities customarily undertaken at the Fitness Facilities and with the use of the bicycles, including but not limited to serious bodily injury or even death. I also understand and acknowledge that I should not engage in vigorous exercise, weight training, or other activities customarily undertaken at the Fitness Facilities without first consulting my personal physician and considering any particular risks I may incur in participating in these activities. I acknowledge that any safety equipment needed and/or required by law are to be provided by me including but not limited to a safety helmet.
I ACKNOWLEDGE AND AGREE THAT THE USE OF THE FITNESS FACILITIES WILL BE ENTIRELY AT MY OWN RISK. I FURTHER ACKNOWLEDGE AND AGREE THAT, IN CONSIDERATION FOR BEING PERMITTED TO USE THE FITNESS FACILITIES, I SHALL BE ENTIRELY RESPONSIBLE FOR, AND I HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS I HAVE OR MAY HAVE IN THE FUTURE against Landlord, and their successors, assigns, affiliates, directors, officers, employees and partners or any of them (collectively, "Landlord Parties") for any and all losses, costs, expenses, including reasonable attorney's fees damages or liabilities whatsoever of any nature, including bodily injury or death, arising out of my use of the Fitness Facilities, provided, however, that the foregoing waiver and indemnification shall not apply to any injuries or damages caused by the gross negligence or willful misconduct of Landlord or its agents or employees. I also agree that my use of the Fitness Facilities shall be in accordance with the rules and regulations attached hereto, as the same may be amended, modified or replaced from time to time by Landlord or its authorized representative.