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WAIVER OF LIABILITY
In order to use the 800 K Street Bike Room facilities and equipment (collectively, the "Bike Room Facility") on the P1 level (the "Building"), I hereby certify, covenant, and agree with TMG 800 K Street and each of their members (collectively, "Owner") and Cushman and Wakefield USA, Inc. ("Manager") as follows:
I am an employee of
1. I am in good physical condition and I am able to use the facilities and equipment in the Bike Room Facility, without risk of physical harm or injury to myself. I understand that I use the equipment at my own risk.
2. I will not invite guests to use the Bike Room Facility, and I will not provide access to the Bike Room Facility by persons who are not otherwise authorized to use the Bike Room Facility.
3. I understand in use of the equipment there is the possibility of accidental or other physical injury. I agree to assume the risk of such injury and indemnify and hold harmless TMG 800 K Street ("LANDLORD"), Meridian Management, and Cushman and Wakefield USA, INC. ("Manager"), (and the successors and assignees of the foregoing), and any officers, directors, shareholders, partners, employees, personnel, or agents thereof from liability for any and all injury, illness, harm, or damage resulting from my use of the bike room facility or the equipment therein.
4. I understand that there is no personnel, surveillance, or security provided in the Bike Room Facility to protect me from third parties or other harm, and I enter and use the Bike Room Facility at my own risk.
5. I acknowledge that I have received and read a copy of the Rules and Regulations attached hereto governing the use of the Bike Room Facility, equipment and courts, and I agree that (a) I will fully comply with these Rules and Regulations as they are amended from time to time; (b) I am fully bound by all of the terms and conditions set forth in such Rules and Regulations; and (c) neither Owner nor Manager shall be liable for the loss of, or damage to, any personal property, clothing, jewelry or other valuables that I bring into the Bike Room Facility.
RULES & REGULATIONS
The following Rules and Regulations are intended to make the Bike Room Facility at 800 K Street as safe, enjoyable and pleasant as possible for all users. These rules are applicable to all users and may be changed by Landlord from time to time in order to provide for the safe, orderly and enjoyable use of the Bike Room Facility and all equipment located therein. All capitalized terms shall have the meanings given to such terms in the Waiver of Liability to which these Rules and Regulations are attached.
1. The Bike Room Facility may only be used by current, on-site employees of tenants of the Building ("Tenants"). Any current employee of a Tenant who has executed a valid Waiver of Liability may use the Bike Room Facility, subject to the terms and conditions set forth below. Users shall use the facilities and equipment within the Bike Room Facility solely for their intended use and purpose.
2. The Bike Room Facility may be used only during those operating hours that have been designated by Landlord, provided that the Bike Room Facility may not be used when it is closed for repair or cleaning, or due to an emergency. Landlord may change the designated hours of operation from time to time in its sole discretion.
3. Any conduct which Landlord or the Building's property manager believes unreasonably interferes with the use or enjoyment of the Bike Room Facility or of the equipment therein by other persons, or which disrupts or interferes with the safe, orderly and efficient operation of the Bike Room Facility or the equipment therein, is strictly prohibited.
4. Smoking of any kind or any other consumption of tobacco products is strictly prohibited.
5. Solicitations for the sale of any product or service, or for charitable contributions or political or other petitions of any kind are strictly prohibited.
6. Users must present their access Datawatch card upon request by any employee of Landlord, the Building's property management company or contracted Building security for identification purposes. Landlord, its property management company, and any future operator of the Bike Room Facility assume no responsibility for lost or stolen access cards.
7. Users of the Bike Room Facility must immediately notify the property management office in the event that they discover any defective, unsafe or hazardous condition in, or relating to the use of, the Bike Room Facility or the equipment therein, or any breakage, fire or disorder at the Bike Room Facility. Complaints or suggestions as to the operation, maintenance, services or equipment at the Bike Room facility are welcome. Such notices, complaints or suggestions should be sent to the Building's property management office.
8. Failure or refusal to comply with these rules and regulations may result in the loss of individual privileges upon notice from Landlord, the Building's property manager or, if applicable, any operator of the Bike Room Facility.
9. No user shall leave litter, trash, debris or articles of clothing at the Bike Room Facility.
10. Landlord, the property manager and any future operator of the Bike Room Facility assume no liability for any personal property, clothing, jewelry or other valuables brought into or stored in the Bike Room Facility. Each user assumes all liability and responsibility for any loss or damage to any such personal property, clothing, jewelry or other valuables.
11. Access into the Bike Room Facility is through a Datawatch Key Fob. To obtain access, an employee of a Tenant must complete and submit to the property management office a Waiver of Liability. At that time, the employee's existing Datawatch key fob will be activated for access. Landlord, the property manager and any future operator of the Bike Room Facility reserve the right to change the combination or method of access at any time, without notice.
Repeated failure or refusal to comply with these Rules and Regulations will result in the loss of privileges. Landlord or Building Manager may prohibit the use, or close the Facility at any time if misused in any way.
User must sign below acknowledging that they have read and clearly understand all the above rules and regulations of the facility before Landlord or Building Manager will allow access to the Facility.
READ AND UNDERSTOOD BY:
Tenant Name, Building and Suite Number
Employee Phone Number
Datawatch Access Card Number
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