Fitness Room Waiver & Release

Resident(s) agree that use of the Fitness Room (includes fitness and gaming spaces) at Como Student Community Cooperative, and any equipment therein, is subject to the following terms and conditions:

WAIVER AND RELEASE

Resident acknowledges that use of the Fitness Room and exercise equipment is at Resident’s own risk. Resident is advised to consult with his/her own healthcare providers before undertaking any exercise program. Management and their owners, agents, successors and assigns, are not responsible under any circumstances for any accidents or injury that occurs to Resident while using equipment in the Fitness Room or when participating in any activity or program offered in the Fitness Room. Resident assumes full responsibility for and risk of bodily injury, disability, death, property loss or damage, and waives any claim s/he might have against, the residential premises managed by Management, and their respective officers, directors, agents, representatives, employees, insurers, class instructors and volunteers, from and against any and all liability and any and all loss or damage for claims or demands (including claims based upon contract) on account of injury to the undersigned Resident or Resident’s property, even if such action, damage or injury is alleged to be caused by a negligent act or omission by the parties released in this Agreement. This assumption of risk and release and waiver of liability is intended to be as broad and inclusive as permitted by the laws of Minnesota. If any part of this Agreement is found invalid, the rest shall continue to be in full legal force and effect. The only action that is not released by this Agreement is an action against any person that causes injury or damage to the undersigned person by willful or wanton recklessness or intentional wrongful action.

RECOMMENDATION

It is strongly recommended that any person using the Fitness Room equipment have in place his/her own accident or health insurance.

RULES

The following Rules apply to the Fitness Room use and access. Additional rules, hours, requirements and guidelines may be posted. Fitness Room users are expected to comply with posted rules. Posted rules and hours may be changed at any time without prior notice in Management’s discretion.

  1. The Fitness Room is limited to use by Residents. Residents are not permitted to bring guests into the Fitness Room.
  2. For liability and safety purposes. Residents are not permitted to bring minors in the Fitness Room when they are working out or using equipment. Minors of suitable age and discretion, with the consent of a parent or guardian, and Management’s prior written approval, may be given permission and access to the Fitness Room based on representations from a parent or guardian that the minor understands the risks of the equipment, and has been properly trained on the use of the equipment. Where consent is requested for access for a minor, the parent will be asked to sign a waiver and release on behalf of a minor child.
  3. Residents are liable to Management for any damages, loss, or breakage to Fitness equipment caused by misuse, carelessness, or removal of property by Resident.
  4. The door must be kept locked at all times. Do not open the door for any Resident and/or friend or acquaintance even if they are recognized by you. Access to the facility is limited to Residents that have signed this Lease Addendum and have a key code that will allow entrance to the Fitness Room.
  5. Residents agree to notify Management immediately, and in writing, of any conditions in the Fitness Room that may cause injury, require repair, or affect the usability of the Fitness Room. If any equipment or fixtures break or malfunction, stop use immediately and notify the Management office. If you are uncertain if equipment is functioning properly, do not use it and notify the office. Notification may be given by leaving a message in the drop-box or via email.
  6. No food, beverages or smoking are allowed in the Fitness Room. Bottled water, in a plastic container, may be brought into the Fitness Room for use while exercising. Residents shall wear proper attire, including athletic footwear that is not otherwise used by Residents for outdoor use.
  7. Animals are not allowed in the Fitness Room.
  8. Only one person may use a single piece of equipment – or workout station — at a single time.
  9. Residents are requested to respect the rights of other Residents using the Fitness Room. If time-limits for equipment use are posted, they shall be followed by Resident. Any complaints of discourteous or improper use may result in Management revoking Fitness Room privileges.
  10. The discontinuation of the Fitness Room rights and access for any Resident, a change in Fitness Room availability or hours, or changes in Fitness Room equipment, shall not change the continued terms of each Resident’s lease agreement. The Fitness Room is provided as an amenity that may be changed, continued, or discontinued at any time without affecting the rents owed or the term of the lease agreement.
  11. Resident agrees not to disturb other Residents or Management staff while using the Fitness Room. Residents shall not make or permit any noise, play music, or conduct any action that will interfere with the peaceful enjoyment of the Fitness Room rights, comfort or convenience of Residents or Management staff.
  12. Resident shall show consideration for other Residents by refraining from loud talking, yelling, or use of vulgar or offensive language, actions or gestures. Personal audio systems are only permitted with headsets so that sound is not heard by other Fitness Room users. Any television, radio, or sound equipment in the Fitness Room shall have the volume set at a level that is considerate to other Fitness Room users.
  13. Resident is responsible for removing all refuse and debris and depositing such in designated containers.
  14. Resident shall reset machines to the lowest possible weight after use. Free weights must be placed back on racks. Weights shall not be dropped or slammed down when used. After use of any equipment, Resident shall clean and sanitize the equipment with supplies provided by Management. Resident shall notify Management if supplies are not present for the purpose of cleaning sanitizing equipment.
  15. Resident shall not remove or relocate any equipment or materials in the Fitness Room.
  16. Resident shall use good safety practices while exercising, lifting, or using any machine. Management recommends that Residents find a workout partner for exercise. Do not use weights that are too heavy for you and use proper form while lifting.
  17. The Fitness Room is not monitored on any regular basis. Resident should report any damage to equipment, injury, or safety concerns – including any use by an unauthorized person or Resident – to the Management office. If there is any emergency, injury, or security concerns – including any suspicion of unlawful activity – Residents are encouraged to call 911.
  • Resident Signature

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