DEL MAR CORPORATE CENTRE FITNESS CENTER WAIVER
RELEASE OF LIABILITY
Kilroy Realty, L.P., a Delaware limited liability company (“Owner”) is the owner of the properties commonly known as “Del Mar Corporate Centre I” and “Del Mar Corporate Centre II” which contain the building(s) located at “12390 El Camino Real, San Diego, California 92130” and “12340 El Camino Real, San Diego, California 92130” (each, a “Building” and collectively the "Buildings"). The Building located at “12390 El Camino Real, San Diego, California 92130” contains a fitness center containing various types of exercise machines and related equipment (the “Fitness Center”).
Owner cannot prevent you from becoming exposed to, contracting, or spreading COVID-19 while visiting Owner’s Buildings and/or the Fitness Center. It is not possible to prevent against the presence of the disease. Therefore, if you choose to enter onto Owner’s Buildings and/or the Fitness Center you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
The undersigned represents that he/she is currently employed by a tenant or occupant of one of the Buildings and that such Building is his/her primary place of work (as opposed to other buildings occupied by his/her employer in the surrounding areas). The undersigned acknowledges that he/she has voluntarily chosen to utilize the Fitness Center and participate in exercise and/or sport programs in connection therewith, and hereby confirms and agrees as follows:
1. I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself in order to voluntarily enter the Fitness Center. I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to enter the Fitness Center.
2. I am aware that exercise and related sport activities are strenuous and may be hazardous, depending upon the nature and extent of my participation or involvement and the equipment or sport activity in which I am involved, and I hereby agree to accept any and all risk of injury or death, occasioned by my participation in such activities.
3. In consideration for being permitted to utilize the Fitness Center, or for my engaging in any contest, game, sports activity, exercise, function, competition or other activity at the Fitness Center or organized, arranged or sponsored by Owner or any other person or entity having the right to manage or utilize the Fitness Center, whether such activity is on or off the Fitness Center premises, I, on behalf of myself and my heirs, personal representatives, successors and assigns (collectively, the “Releasing Parties”) agree that the Releasing Parties:
a. shall not make any claim against or sue Owner, its affiliates and their respective partners, principals, officers, directors, employees, representatives, agents, contractors, managers and assigns (collectively, the “Released Parties”) for any act or omission or in connection with any injury or damage to persons or property occasioned by or resulting from the Releasing Parties’ use of the Fitness Center;
b. do hereby release and discharge the Released Parties from any and all actions, claims and demands the Releasing Parties have or may hereafter have for any injury or damage, including death, that any of the Releasing Parties may sustain or incur that is in any way related to a Releasing Parties’ use of the Fitness Center;
c. do hereby forever release and waive my right to bring suit against the Released Parties in connection with exposure, infection, and/or spread of COVID-19 related to utilizing the Fitness Center. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen; and
d. do hereby hold the Released Parties free and harmless from and indemnified against any and all loss, cost, claim, injury, damage or liability (including, without limitation, reasonable court costs and attorney’s fees) sustained or resulting to me or any of the Releasing Parties.
4. Neither Owner nor any Released Parties shall be liable to me or my guests at the Fitness Center for loss or theft of personal property. Any property left by me or my guests on the premises of the Fitness Center, without provision for its storage, may be disposed of or sold without notice.
5. In consideration of my entry upon the Fitness Center, I acknowledge and agree to the following:
a. I have not experienced symptoms of fever, fatigue, difficulty of breathing, dry cough or exhibited any other symptoms relating to COVID-19 or any communicable disease within the last fourteen (14) days. If I experience any of these symptoms, I will immediately cease use of the Fitness Center.
b. I have not been diagnosed with the COVID-19 virus within the last thirty (30) days.
c. I will follow any and all federal, state, and local government and federal and state health agencies’ orders, recommendations and guidelines concerning COVID-19, as the same may be updated from time to time.
d. I agree to comply with all posted signage within Owner’s Buildings and the Fitness Center and comply with all verbal logistical instructions provided by Owner to maximize safety.
I, THE UNDERSIGNED, CONFIRM I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS AND ALL PROVISIONS OF THIS RELEASE. I FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.
