Form CT-10 / Encino Terrace Center
I hereby apply for the non-exclusive permission to enter and use the Fitness Center for recreational purposes on the terms and conditions set forth in this Agreement. This permission will be non-transferable and my annual membership fee of $200.00 will be non-refundable. I recognize that my activities at the Fitness Center will not be supervised and I will be using the Fitness Center (including the equipment) entirely at my own risk. I agree to obtain competent instruction as to the proper methods of using the exercise equipment if I am not already familiar with such methods. I will comply with all notices, rules and/or regulations provided to me or posted in the Fitness Center and as well as any other reasonable instructions of Building Management. Violations may lead to liability for any damages as well as temporary or permanent loss of privileges of use of the Fitness Center without refund of annual fees.
Medical Condition. I recognize that the use of the Fitness Center is strictly voluntary and I assume the risk that some of the activities in which I engage could be hazardous and/or cause injury or otherwise adversely impact my health. I have no medical, physical, mental or emotional health conditions which would hinder or prevent my active participation in such activities. I agree to obtain a medical physical examination and a physician’s clearance before undertaking any type of exercise or physical activity at the Fitness Center and to maintain sufficient health insurance coverage to treat any injury related to my exercise activities.
Assumption of Risk. I understand that no one has or will give me any assurance that the Fitness Center or equipment are safe for any purposes, or has conferred or will confer upon me the legal status of an invitee or licensee to whom a duty of care is owed, or has or will assume responsibility for, or incur liability for, any injury to person or property caused by any condition of the Fitness Center or the equipment.
Release. I HEREBY VOLUNTARILY RELEASE AND FOREVER DISCHARGE ENCINO TERRACE CENTER, DOUGLAS EMMETT 2014, LLC, DOUGLAS EMMETT MANAGEMENT, LLC, AND THEIR MEMBERS, MANAGERS, AGENTS, EMPLOYEES AND OTHER REPRESENTATIVES, FROM ALL CLAIMS, DEMANDS, AND LIABILITIES WHATSOEVER WHICH I MAY HAVE ARISING OR RESULTING DIRECTLY OR INDIRECTLY FROM ANY USE OF THE FITNESS CENTER, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, MEDICAL EXPENSES, LOSS OF SERVICES, ON ACCOUNT OF OR IN ANY WAY RELATED TO OR GROWING OUT OF MY PRESENCE AT THE FITNESS CENTER OR USE OF THE FITNESS CENTER AND /OR EQUIPMENT.THIS WAIVER AND RELEASE IS INTENDED TO AND DOES RELEASE SUCH PERSONS FROM ANY AND ALL LIABILITY FOR DAMAGES OR INJURIES ON ACCOUNT OF OR IN ANY WAY RELATED TO OR GROWING OUT OF MY NEGLIGENCE, NEGLIGENCE OF ANY PERSON, INCLUDING BUT NOT LIMITED TO NEGLIGENCE IN THE CONSTRUCTION, MAINTENANCE AND UPKEEP OF THE FITNESS CENTER AND ITS EQUIPMENT, NEGLIGENCE IN TRAINING OR SUPERVISION, OR LACK OF SECURITY OR VIOLATION OF THE SAFE PLACE STATUTE. THIS IS NOT INTENDED TO RELEASE THE NAMED PARTIES FROM ANY LIABILITY RESULTING FROM THEIR INTENTIONAL CONDUCT. I UNDERSTAND THAT THIS WAIVER IS INTENDED TO BE AS BROAD AND AS INCLUSIVE AS PERMITTED BY THE LAWS OF THE STATE OF CALIFORNIA AND AGREE THAT IF ANY PORTION IS HELD INVALID, THE REMAINDER OF THE WAIVER WILL CONTINUE IN FULL LEGAL FORCE AND EFFECT.
Indemnity. I hereby voluntarily agree to protect, indemnify, defend, save and hold harmless each of the persons released above from any and all claims, liabilities, damages or right of action directly or indirectly arising out of any allegations of my negligence or intentional misconduct except to the extent caused by that indemnified party’s willful misconduct.
The provisions set forth on this page may only be changed by a writing signed by both parties. I am not relying on any other promises or agreements by any party in executing this Application and Agreement.
Employee Name: / Employee Signature:Tenant: / Suite No.: / FOB #:
Tenant Authorized Person: / Signature: / Date:
Type/print name and title:
This agreement is not valid until countersigned here by Landlord:
By: ______
If you have any questions, please contact the Office of the Building:
Phone: 818-990-8410 Fax: 818-784-4419 Email:
15821 Ventura Boulevard, Suite 150, Encino, CA 91436
Page 1 of 2 Rev. 10/15
/ FITNESS CENTER APPLICATION & AGREEMENTForm CT-10 / Encino Terrace Center
Fitness Center Regulations
1. Use. If you knowingly allow a non-member or guest to enter the facilities without checking into the front desk, or if you access the facilities when closed, you will be responsible for any damages and may lose your membership privileges without any refund. Please report lost or misplaced cards immediately, as you may be responsible for theft or damage done if your card is used and you failed to report its loss. There will be a charge of $30.00 for any lost key or for any key that is not returned when you terminate your membership. The Fitness Center hours are Monday to Friday from 5:00 AM to 8:00 PM and Saturdays from 8:00 AM to 2:00 PM. The Fitness Center reserves the right to alter, modify and/or change its hours of business, as well as any equipment, programs and/or staff without notice. The Fitness Club may be temporarily unavailable from time to time for maintenance or special events. There will be no adjustment in fees for any changes or periods of closure.
2. Lockers. Fitness Center lockers may only be used while you are in the Center and not for any overnight storage, and must be kept clean and free from any nuisance odors. Any padlock or similar device must be removed when you finish your work out. Please leave valuables at home; the Fitness Center is not responsible for any personal items. Personal items such as book bags, backpacks, coats etc. are not permitted on the floor of the Fitness Center. All property left at the end of a day will be placed in the "Lost and Found" and donated to a charity if not claimed within one month.
3. Attire. For the comfort and safety of all of the participants and for the care of the equipment, you must wear appropriate attire while using the Fitness Center. Shirts and athletic shoes must be worn at all times (except in locker room areas). Cut-off pants are strictly prohibited. No street shoes or boots, bare feet, sandals, inclement weather overshoes, shower or pool shoes will be worn in the fitness center facilities except in the reception area and the locker/ shower rooms. The determination of appropriate dress will be left to the discretion of Building Management. If your attire is determined to be unacceptable, you will be asked to change before exercising.
4. Equipment. Use the equipment with respect and care. You are responsible for any harm, damage or injury caused by your negligence, intentional or willful misconduct. Replace any weight plates you use on the weight racks in their respective weight categories, and do not leave them on the floor or leaning on a wall. Do not move the equipment around in the Center, and no equipment or any other items belonging to the Fitness Center may be removed from the Fitness Center. All benches, machines, etc. are to stay where they have been arranged by management. If there are other users waiting to use any equipment, you must vacate the equipment promptly when finished. Use spotters on all free weights. Chalk is not permitted in the Fitness Center. Wipe clean all machines and surrounding area after use.
5. Appropriate Conduct. While at the center you must conduct yourself in a responsible manner, and refrain from engaging in inappropriate conduct, including the use of loud, foul, slanderous language, or any intimidating or offensive conduct which would interfere with the peaceful use and enjoyment of the Fitness Center by others. No illegal drugs, alcoholic beverages, intoxicants, criminal conduct dogs, cats, or animals of any kind are permitted in the Fitness Center.
6. Music, Cell Phones, Food and Drink. Participants may use personal listening devices provided they do not affect others. Music that includes any type of foul language is not to be played. Cell phones may be used in the foyer area, but are not to be used in the Fitness Center. No food or drink other than water is permitted in the Fitness Center. If you do bring your own water, please use a sport bottle or similar spill proof container.
7. Emergencies. In the event of an emergency within the Fitness Center, or if you have an injury or adverse reaction to exercise, call 9-1-1 immediately if appropriate and then notify the staff and follow their instructions.
These rules and regulations may be changed by Building Management at any time by posting or other notice. Building Management will have full power to interpret, amend and enforce all of these policies, and you agree to comply with all reasonable directives of Building Management. Any matters not specifically covered in the rules of the Fitness Center shall be subject solely to the discretion of Building Management.
Failure to comply with any applicable rules or directives may subject you to liability for any damages and/or, in the discretion of Building Management, the immediate cessation of the right to use the Fitness Center without any refund of the fees paid.
If you have any questions, please contact the Office of the Building:
Phone: 818-990-8410 Fax: 818-784-4419 Email:
15821 Ventura Boulevard, Suite 150, Encino, CA 91436
Page 1 of 2 Rev. 10/15