Member Application
By joining the One Consitution Square Fitness Center the member hereby agrees to abide by the following User Agreement.
USER AGREEMENT
This User Agreement is made and entered into by the member ("Licensee"), for the benefit of each of (i) Washington DC IV FGF , LLC ("Licensor"), the owner of the building located at 1275 First St., NE, Washington, DC 20002 (the "Building"), and (ii) SC Property Managment, LLC (“Manager”), as Agent for Owner.
This Agreement shall govern Licensee's use of the exercise facility located in the Building (the "Facility") and is executed by Licensee in consideration of permission to use the Facility granted by Licensor. Licensee acknowledges that he/she has carefully reviewed this Agreement and fully understands all of its provisions prior to signing.
Licensee covenants and agrees as follows:
1. Licensee agrees to use the Facility and all of the apparatus contained therein in its proper manner, cosistent with the purpose for which such Facility and apparatus were designed and in full compliance with all rules and regulations for the use thereof, and for the use of the Building, promulgated or which may be promulgated by Manager of Licensor.
2. Any damamge to the apparatus or the Facility directly or indirectly caused by the Licensee shall be the responsibility of Licensee, who shall reimburse Manager and Licensor promptly upon demand
3. Licensee represents that he/she has had a full physical examination by a physician within six (6) months prior to the date of this Agreement and does not suffer from any physical limitations or other physical conditions which would make Licensee's use of the Facility unsafe or otherwise medically or physically unadvisable for him/her. Licensee also represents that he/she will continue to have full physical examinations on a regular basis as recommended by his/her physician and will discontinue use of the Facility promptly upon the recommendation of his/her physician or otherwise when his/her physical conditions would prudently dictate such discontinuance.
4. Licensee understands that Licensee's right to use the Facility is nontransferable and is personal to him/her, and Licensee agrees not to permit entry to the Facility by any person who has not signed a similar Agreement for the benefit of Licensor and Manager and paid the appropriate fees.
5. Licensee shall, and does hereby, indemnify and hold harmless each Manager and Licensor from any and all loss, damage, liability, cost, expense or claim (including without limitation reasonable attorneys' fees and all costs) arising from or in any way relating to a breach of Licensee's representation contained in Paragraph 3 above.
6. Licensee hereby agrees to fully and completely comply with any and all rules and regulations for use of the Facility or access to the Building established by Manager and Licensor and any changes or amendments thereto.
7. Licensee agrees to wipe down and clean, with disinfectant wipes, all equipment that he/she uses in the Facility before and after use.
8. Licensee agrees to fully comply will all CDC and local department of health guidelines regarding use of face coverings and other associated safety measures that may be in place during the time of the Licensee's use of the Facility.
9. Licensee agrees not to access or use the Facility if he/she is sick, feels ill, has a fever, or thinks he/she has been exposed to anyone diagnosed with a contagious or communicable disease or illness.
10. Licensee hereby acknowledges and agrees that Licensee's use of the Facility shall be at Licensee's sole risk. Licensee acknowledges that use of the Facility may result in injury, illness or possible exposure to any number of communicable diseases that are contagious in nature (collectively "Diseases") to Licensee, and that neither Manager nor Licensor has made any representation, express or implied, to Licensee with regard to the safety of the Facility, its layout, or the apparatus. Licensee hereby agrees that the use of the Facility and all apparatus shall be undertaken by Licensee at his/her own risk. Licensee further agrees that none of Manager, Licensor or the facility design firms shall be liable either to Licensee or to any other person for any claims, demands, injuries, damages, actions or causes of action whatsoever arising from or in any way connected with use of the Facility, the apparatus or the terms, conditions and provisions of this License. Licensee shall, and does hereby, indemnify and hold harmless Manager and Licensor from and against any and all loss, damage, liability, cost, expense of claim (including without limitation reasonable attorneys' fees and all costs) incurred by Manager or Licensor and occasioned by or in any way related to or connected with the use of the Facility by Licensee. Licensee hereby forever releases and discharges each of Manager, Licensor and the facility designer from all acts on the part of Licensor, Manager, the facility designer, and their respective contractors, agents and employees.
11. Licensee may cancel this Agreement at any time upon not less than 30 days' written notice to Manager or Licensor; provided, however, that no refunds from the use of the Facility will be given at the time of any such cancellation, including the remaining unused months. Upon cancellation, licensee will return the key fob to the SC Property Management office, failure to do so will result in an additional $30 charge for a missing key fob.
12. Licensee agrees to pay, in advance, to the Manager ($72.00) Seventy-two Dollars for (6) months or ($20) Twenty Dollars for one (1) month for use of the Facility, by credit card only. Returned payments will be subject to a ($35.00) Thirty-Five Dollar fee. Renewal will automatically occur every month or (6) six months, depending upon Licensee payment agreement, for the same rate thereafter unless (i) Manager or Licensor gives Licensee no less than (30) thirty days' advanced notice of a rate increase, (ii) Licensee gives Manager or Licensor notice of its intent to cancel this Agreement no less than thirty (30) days prior to the expiration of any such one (1) month or six (6)-month period, depending upon Licensee payment agreement, or (iii) this Agreement is terminated by Licensor as hereafter provided. Licensee hereby acknowledges and agrees that Manager reserves the right to revoke Licensee's right to use the Facility, at any time and without notice, if any violation of this Agreement by Licensee occurs.
This Agreement contains the entire agreement between the parties hereto, and there are no understandings, representations or warranties of any kind except as set forth in this Agreement.