TOWER PLACE FITNESS CENTER
FITNESS CENTER AGREEMENT AND RELEASE OF LIABILITY

I acknowledge that I am voluntarily participating in the Fitness Center located at Two Tower Place, South San Francisco, California 94080 (“TOWER PLACE FITNESS CENTER”). In exchange for access to the Fitness Center and use of any related equipment, services and activities, I agree to the following:
1. The term “Provider” refers to Active Wellness, LLC.
2. The term “Released Parties” refers to Provider, Atlantic/P3 TRS, LLC, AP3-SF2 CT South LLC, AP3-SF3 CT North, LLC, Phase 3 Real Estate Partners, Inc., the property management company for One and Two Tower Place, and all current and future tenants of One and Two Tower Place, and to their respective agents, owners, directors, officers, employees, partners, independent contractors, and all other persons acting in any capacity on their behalf.
3. The term “Participant” refers to the undersigned.
4. The term “facility” refers to the entire premises of the Fitness Center at Two Tower Place including but not limited to all exercise equipment, weights, showers, and locker rooms.
5. NO family members or guests are allowed to use the facility at ANY time. All users of the facility must be authorized members of the facility.
6. Provider urges Participant to obtain a physical examination from his/her physician prior to the use of any fitness equipment or attendance in any exercise class.
7. Participant acknowledges that the facility is for Participant’s own personal use and pleasure and in no way benefits Participant’s employer. Participant therefore waives any right to worker’s compensation benefits as a result of injuries sustained or aggravated while using the facility.
8. Provider may suspend or cancel the privileges of Participant at any time, at the sole discretion of the Provider, for any reason or no reason.
9. Provider reserves the right to charge Participant the cost of any damage to the facility if such damage occurs through Participant’s negligence, and Participant shall promptly pay any such charge.
10. An access card shall be used for entrance to the Fitness Center at Two Tower Place. If such access card is lost or stolen, Participant shall pay Provider a $25.00 fee to replace such access card.
11. Participant is required to wear proper attire (such as appropriate workout clothes and closed-toe athletic shoes) when using the facility. Workout towels are required. Lockers are available for use during Participant’s workouts and workout wear shall not be left at the facility overnight. Provider will not supply locks for the locker room lockers. Provider is not liable for any lost, stolen or damaged property stored by the Participant in the locker room. Participant agrees that any such lost, stolen or damaged property is covered by Participant’s assumption of risk and waiver and release in the paragraphs below.
12. There is NO SMOKING ALLOWED in any area of the facility.
13. Participant represents that no known physical or health limitation prevents Participant from safely using the facility, that Participant will only take actions that are within Participant’s physical capability, and that Participant will not use any equipment or machines with which Participant is unfamiliar or does not know how to operate safely and will observe all safety rules and use due care at all times.
14. ASSUMPTION OF RISK. Participant acknowledges, understands and appreciates that Participant’s entry upon and/or use of the facilities, equipment, services and activities of or offered by the Released Parties entails significant risks, both known and unknown, including, without limitation, the possibility of physical or emotional injury, paralysis, death, other serious or catastrophic personal injuries, and loss or damage to personal property. Participant expressly agrees and promises to accept and assume all of the risks, both known or unknown, that may arise as a result of Participant’s entry upon, participation in and use of the facilities, equipment, services and activities of or offered by the Released Parties, whether or not such risks are caused or alleged to be caused by the negligent acts or omissions of any the Released Parties. Participant hereby confirms that Participant is voluntarily entering upon, participating in and using the facilities, equipment, services and activities of or offered by the released Parties, and that Participant is electing to take such voluntary actions in spite of the risks. Participant acknowledges and agrees that Participant is solely responsible for Participant’s own safety and responsible entry upon, participation in, and use of the facilities, equipment, services and activities of or offered by the Released Parties, whether or not supervised by any of the Released Parties.
15. RELEASE OF LIABILITY. Participant expressly and voluntarily releases and forever discharges each of the Released Parties and all officers, directors, employees and agents of Released Parties from any and all liability, claims, causes of action or damages (including attorney fees, costs and expenses), and Participant waives any and all claims and agrees that Participant will not sue or make any claim against Released Parties or any officers, directors, employees and agents of Released Parties, for any personal injury, illness, property damage or loss, or death arising out of Participant’s use of or presence at the facility, whether Participant was using exercise equipment or not. This release and waiver extends to all acts of negligence by Released Parties and all officers, directors, employees or agents of Released Parties. This waiver and release binds Participant and Participant’s heirs, distributes, guardians, legal representatives, successors and assigns.
16. INDEMNIFICATION. Participant expressly agree to hold harmless, indemnify and defend each of the Released Parties (with attorneys of each of the Released Parties’ choice) from any and all claims, demands, causes of action, or liability for any loss, damages, injuries or death suffered by any other person in connection with my entry upon, participation in or use of the facilities, equipment, services or activities of or offered by the Released Parties, whether the same arises out of or results from any act, omission or conduct of one of more of the Released Parties, negligent or otherwise. Participant’s agreement to hold harmless, indemnify and defend the Released Parties is immediate upon the assertion of any claims, demands, causes of action or liability by any other person and is not contingent or dependent upon a finding that Participant’s actions caused the loss, damages, injuries or death claimed. Participant’s agreement to hold harmless, indemnify and defend the Released Parties includes all consequential damages incurred by the Released Parties, or which otherwise would be incurred by the Released Parties absent this agreement, including, but not limited to, all attorney’s fees and costs, court and litigation costs, experts fees and costs, arbitrator fees and costs, mediator fees and costs, payment of any judgment, verdict, award or settlement on behalf of the Released Parties, and any other damages incurred by the Released Parties not included in the preceding list which arise as a direct or indirect consequence of the claims, demands, causes of action or liability asserted by any other person.
17. Provider reserves the right to amend or terminate this program or to change the fees paid by Participant, if any, at Provider’s discretion and in the absence of financial necessity.
18. This document represents the entire agreement between Participant and Provider.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND AM AWARE THAT IT CONTAINS A WAIVER AND RELEASE OF LIABILITY AND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE OR HOLD ANY OF THE RELEASED PARTIES RESPONSIBLE FOR ANY INJURY WHICH I MAY SUFFER. I AM SIGNING THIS AGREEMENT OF MY OWN FREE WILL AND INTEND FOR MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

ACTIVE WELLNESS
TERMS FOR RELEASE AND WAIVER OF LIABILITY & ASSUMPTION OF RISK & INDEMNIFICATION AGREEMENT
Member enters into this Release and Waiver, and Assumption of Risk, for Member and for any and all of Member’s guests and Member’s minor children who Member permits to use the Facilities with or without supervision.

In consideration of being permitted to enter upon, participate in and use the facilities, equipment, services and activities of or offered by TOWER PLACE FITNESS CENTER and Active Wellness LLC, (including, without limitation, fitness programs offered via the internet or otherwise offsite (“Remote Programs”)), and their agents, owners, directors, officers, employees, partners, independent contractors, volunteers, and all other persons acting in any capacity on their behalf (collectively, the “TOWER PLACE FITNESS CENTER Parties”), I, on behalf of myself, my guests, children, heirs, executors, administrators, successors and assigns, hereby:

1. Acknowledge, understand and appreciate that my entry upon and/or use of the facilities, equipment, services and activities, including Remote Programs, of or offered by the TOWER PLACE FITNESS CENTER Parties entails significant risks, both known and unknown, including, without limitation, the possibility of physical or emotional injury, infectious diseases (viral or bacterial, including but not limited to COVID-19), paralysis, death, other serious or catastrophic personal injuries, and loss or damage to personal property.

2. Expressly agree and promise to accept and assume all of the risks, both known or unknown, that may arise as a result of my entry upon, participation in and use of the facilities, equipment, services and activities, including Remote Programs, of or offered by the TOWER PLACE FITNESS CENTER Parties, whether such risks are caused or alleged to be caused by the negligent (actively or passively) acts or omissions of any the TOWER PLACE FITNESS CENTER Parties. I hereby confirm that I am voluntarily entering upon, participating in and using the facilities, equipment, services and activities, including Remote Programs, of or offered by the TOWER PLACE FITNESS CENTER Parties, and that I am electing to take such voluntary actions in spite of the risks. I acknowledge and agree that I am solely responsible for my safety and responsible entry upon, participation in, and use of the facilities, equipment, services and activities, including Remote Programs, of or offered by the TOWER PLACE FITNESS CENTER Parties, whether or not supervised by a TOWER PLACE FITNESS CENTER Party.

3. Expressly and voluntarily release and forever discharge each of the TOWER PLACE FITNESS CENTER Parties from any and all claims, demands, causes of action or liability for any loss, damages, injuries or death that I may suffer as a result of my entry upon, participation in or use of the facilities, equipment, services or activities, including Remote Programs, of or offered by the TOWER PLACE FITNESS CENTER Parties, whether the same arises out of or results from any act, omission or conduct of one or more of the TOWER PLACE FITNESS CENTER Parties, negligent (actively or passively) or otherwise.

4. Expressly agree to hold harmless, indemnify and defend each of the TOWER PLACE FITNESS CENTER Parties (with attorneys of each TOWER PLACE FITNESS CENTER Party’s choice) from any and all claims, demands, causes of action, or liability for any loss, damages, injuries or death suffered by any other person in connection with my entry upon, participation in or use of the facilities, equipment, services or activities, including Remote Programs, of or offered by TOWER PLACE FITNESS CENTER Parties, whether the same arises out of or results from any act, omission or conduct of one of more of the TOWER PLACE FITNESS CENTER Parties, negligent (actively or passively) or otherwise. The agreement by me to hold harmless, indemnify and defend the TOWER PLACE FITNESS CENTER Parties is immediate upon the assertion of any claims, demands, causes of action or liability by any other person and is not contingent or dependent upon a finding that my actions caused the loss, damages, injuries or death claimed. The agreement by me to hold harmless, indemnify and defend the TOWER PLACE FITNESS CENTER Parties includes all consequential damages incurred by the TOWER PLACE FITNESS CENTER Parties, or which otherwise would be incurred by the TOWER PLACE FITNESS CENTER Parties absent this agreement, including, but not limited to, all attorney’s fees and costs, court and litigation costs, experts fees and costs, arbitrator fees and costs, mediator fees and costs, payment of any judgment, verdict, award or settlement on behalf of the TOWER PLACE FITNESS CENTER Parties, and any other damages incurred by the TOWER PLACE FITNESS CENTER Parties not included in the preceding list which arise as a direct or indirect consequence of the claims, demands, causes of action or liability asserted by any other person.

5. ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND AM AWARE THAT IT CONTAINS A WAIVER AND RELEASE OF LIABILITY AND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE OR HOLD A TOWER PLACE FITNESS CENTER PARTY RESPONSIBLE FOR ANY INJURY WHICH I MAY SUFFER. I AM SIGNING THIS AGREEMENT OF MY OWN FREE WILL AND INTEND FOR MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

PHOTO RELEASE
I understand that while participating in activities atTower Place Fitness Center, I may be photographed or filmed. I hereby assign copyright of the resulting images to Active Wellness, LLC together with the right of reproduction either wholly or in part, including in advertising and promotion, and I undertake not to prosecute or to institute proceedings, claims or demands against Active Wellness, LLC or its agents in respect of any reasonable usage of the above mentioned photographs or footage.

MEMBER RESPONSIBILITY CODE OF CONDUCT
All members need to be knowledgeable of and responsible for complying with safe and healthful conduct to minimize the risk of communicable diseases. We ask members to follow the guidelines below:

Members who feel ill should stay home, follow appropriate self-care guidelines and/or contact their health care provider.

Members who have tested positive for COVID-19, or have knowingly come into close contact with someone who has, are not to come to the facility for 14 days or until they have tested negative for COVID-19.

Wear masks or face shields that cover the nose, mouth and chin as requested by Active and/or government mandates.

Do not engage in hand shaking, fist bumping, high-fiving or any other person-to-person contact.

Practice physical distancing by maintaining a distance of six feet from others and observing floor and wall signage related to physical distancing expectations.

Wash hands frequently with water and soap for at least 20 seconds before entering the facility, after leaving the facility, and as needed during visits.

If soap and running water are not immediately available, use hand sanitizer that contains at least 60% alcohol. Hand sanitizing stations are placed throughout the facility.

Cover their mouth and nose when coughing or sneezing. Follow-up Immediately with hand washing or sanitizer as noted above.

Avoid gathering in communal areas with other members where physical distancing expectations may be compromised.

Follow all equipment cleaning protocols as defined by site management. Wipe down every piece of equipment BEFORE use and again immediately AFTER use.

Support Active’s commitment to providing a safe environment for all by reporting incidents of non-compliance by others to Active staff.

Be kind and patient – we’re all learning how to adapt to this new normal.

RULES & REGULATIONS
1. Registration. Member must check in and present his/her membership card each time he/she uses any Facilities.
2. Attire and Personal Property. Proper attire is required for participants using any Facilities. Shirts and shoes are required in all public and recreational areas. Tower Place Fitness Center may prohibit the use of any personal equipment on the premises of the Facilities.
3. Damages. Any damage caused by Member, or Member’s guest to any property ofTower Place Fitness Center, owner, or another person at any Facilities shall be paid for by Member.
4. Hours of Operation. The hours of operation are adjusted seasonally and in accordance with the frequency of member usage. Tower Place Fitness Center reserves the right to change the operating hours.
5. Personal Business. Members may not useTower Place Fitness Center for personal business without written approval by an authorized representative ofTower Place Fitness Center. OnlyTower Place Fitness Center Personal Trainers are allowed to give exercise instruction to members and guests. Members caught providing personal training services will receive a 60-day membership suspension. On the second offense, members and those being trained by an outside trainer will receive a permanent membership suspension.
6. Replacement Items. Lost or stolen access cards will be subject to a replacement fee of $30.00.
7. Access. Each Member must use his/her own access card to access the Facilities, and only during Hours of Access stated on each member’s Membership Agreement. Allowing another person (whether or not that person is a Member) to use your access card is strictly prohibited and will result in immediate loss of membership privileges for all Members involved.
8. Lockers. Lockers are for day use only. Items left overnight will be removed and promptly discarded. Tower Place Fitness Center does not assume liability for any items left in the lockers.
9. Water conservation. In order to conserve natural resources, please be courteous with your shower time.
10. Use of personal products. No use of hair coloring or self-tanning products (which stain surfaces) or strong fragrances or other chemical applications (they can cause allergic reactions to others).
Two Tower Place, Suite 200, S. San Francisco, CA, 94080, 650.267.4244

TERMS FOR RELEASE AND WAIVER OF LIABILITY & ASSUMPTION OF RISK & INDEMNIFICATION AGREEMENT
Member enters into this Release and Waiver, and Assumption of Risk, for Member and for any and all of Member’s guests and Member’s minor children who Member permits to use the Facilities with or without supervision.

In consideration of being permitted to enter upon, participate in and use the facilities, equipment, services and activities of or offered by Active Wellness Center and Active Wellness LLC, (including, without limitation, fitness programs offered via the internet or otherwise offsite (“Remote Programs”)), and their agents, owners, directors, officers, employees, partners, independent contractors, volunteers, and all other persons acting in any capacity on their behalf (collectively, the “Active Wellness Center Parties”), I, on behalf of myself, my guests, children, heirs, executors, administrators, successors and assigns, hereby:

1. Acknowledge, understand and appreciate that my entry upon and/or use of the facilities, equipment, services and activities, including Remote Programs, of or offered by the Active Wellness Center Parties entails significant risks, both known and unknown, including, without limitation, the possibility of physical or emotional injury, infectious diseases (viral or bacterial, including but not limited to COVID-19), paralysis, death, other serious or catastrophic personal injuries, and loss or damage to personal property.

2. Expressly agree and promise to accept and assume all of the risks, both known or unknown, that may arise as a result of my entry upon, participation in and use of the facilities, equipment, services and activities, including Remote Programs, of or offered by the Active Wellness Center Parties, whether such risks are caused or alleged to be caused by the negligent (actively or passively) acts or omissions of any the Active Wellness Center Parties. I hereby confirm that I am voluntarily entering upon, participating in and using the facilities, equipment, services and activities, including Remote Programs, of or offered by the Active Wellness Center Parties, and that I am electing to take such voluntary actions in spite of the risks. I acknowledge and agree that I am solely responsible for my safety and responsible entry upon, participation in, and use of the facilities, equipment, services and activities, including Remote Programs, of or offered by the Active Wellness Center Parties, whether or not supervised by an Active Wellness Center Party.

3. Expressly and voluntarily release and forever discharge each of the Active Wellness Center Parties from any and all claims, demands, causes of action or liability for any loss, damages, injuries or death that I may suffer as a result of my entry upon, participation in or use of the facilities, equipment, services or activities, including Remote Programs, of or offered by the Active Wellness Center Parties, whether the same arises out of or results from any act, omission or conduct of one or more of the Active Wellness Center Parties, negligent (actively or passively) or otherwise.

4. Expressly agree to hold harmless, indemnify and defend each of the Active Wellness Center Parties (with attorneys of each Active Wellness Center Party’s choice) from any and all claims, demands, causes of action, or liability for any loss, damages, injuries or death suffered by any other person in connection with my entry upon, participation in or use of the facilities, equipment, services or activities, including Remote Programs, of or offered by Active Wellness Center Parties, whether the same arises out of or results from any act, omission or conduct of one of more of the Active Wellness Center Parties, negligent (actively or passively) or otherwise. The agreement by me to hold harmless, indemnify and defend the Active Wellness Center Parties is immediate upon the assertion of any claims, demands, causes of action or liability by any other person and is not contingent or dependent upon a finding that my actions caused the loss, damages, injuries or death claimed. The agreement by me to hold harmless, indemnify and defend the Active Wellness Center Parties includes all consequential damages incurred by the Active Wellness Center Parties, or which otherwise would be incurred by the Active Wellness Center Parties absent this agreement, including, but not limited to, all attorney’s fees and costs, court and litigation costs, experts fees and costs, arbitrator fees and costs, mediator fees and costs, payment of any judgment, verdict, award or settlement on behalf of the Active Wellness Center Parties, and any other damages incurred by the Active Wellness Center Parties not included in the preceding list which arise as a direct or indirect consequence of the claims, demands, causes of action or liability asserted by any other person.

5. ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND AM AWARE THAT IT CONTAINS A WAIVER AND RELEASE OF LIABILITY AND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE OR HOLD AN ACTIVE WELLNESS CENTER PARTY RESPONSIBLE FOR ANY INJURY WHICH I MAY SUFFER. I AM SIGNING THIS AGREEMENT OF MY OWN FREE WILL AND INTEND FOR MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

PHOTO RELEASE
I understand that while participating in activities at Active Wellness Center, I may be photographed or filmed. I hereby assign copyright of the resulting images to Active Wellness, LLC together with the right of reproduction either wholly or in part, including in advertising and promotion, and I undertake not to prosecute or to institute proceedings, claims or demands against Active Wellness, LLC or its agents in respect of any reasonable usage of the above mentioned photographs or footage.

MEMBER RESPONSIBILITY CODE OF CONDUCT
All members need to be knowledgeable of and responsible for complying with safe and healthful conduct to minimize the risk of communicable diseases. We ask members to follow the guidelines below:

Members who feel ill should stay home, follow appropriate self-care guidelines and/or contact their health care provider.

Members who have tested positive for COVID-19, or have knowingly come into close contact with someone who has, are not to come to the facility for 14 days or until they have tested negative for COVID-19.

Wear masks or face shields that cover the nose, mouth and chin as requested by Active and/or government mandates.

Do not engage in hand shaking, fist bumping, high-fiving or any other person-to-person contact.

Practice physical distancing by maintaining a distance of six feet from others and observing floor and wall signage related to physical distancing expectations.

Wash hands frequently with water and soap for at least 20 seconds before entering the facility, after leaving the facility, and as needed during visits.

If soap and running water are not immediately available, use hand sanitizer that contains at least 60% alcohol. Hand sanitizing stations are placed throughout the facility.

Cover their mouth and nose when coughing or sneezing. Follow-up Immediately with hand washing or sanitizer as noted above.

Avoid gathering in communal areas with other members where physical distancing expectations may be compromised.

Follow all equipment cleaning protocols as defined by site management. Wipe down every piece of equipment BEFORE use and again immediately AFTER use.

Support Active’s commitment to providing a safe environment for all by reporting incidents of non-compliance by others to Active staff.

Be kind and patient – we’re all learning how to adapt to this new normal.

600 California St. 11th FL • San Francisco, CA. 94108 • phone 415.741.3300 • https://www.activewellnesscenter.com/