UNITUS PLAZA FITNESS FACILITY

MEMBERSHIP AGREEMENT

(INCLUDING WAIVER OF LIABILITY FOR USE OF FITNESS FACILITY)

This Membership Agreement governs your rights and obligations with respect to the use the Fitness Facility at Unitus Plaza.  This Membership Agreement including the Rules and Regulations following hereto, any additional terms set forth on Landlord’s website through which the membership fee is paid (whether Member pays or Member’s employer pays the membership fee on Member’s behalf), rules posted in the Fitness Facility, and all updates thereto promulgated from time to time by Landlord constitute the terms of your Membership.  “Landlord” means Erickson Realty, LTD., its successors or assigns.

 Member agrees that Landlord may communicate with Member by email for any purpose, including modifying the terms and conditions of Membership, changing the Rules and Regulations regarding use of the Fitness Facility, and increasing the membership fee for use of the Fitness Facility.

RIGHT TO CANCEL WITHIN 3 BUSINESS DAYS WITHOUT PENALTY

IF YOU WISH TO CANCEL THIS CONTRACT, WITHOUT PENALTY, YOU MAY CANCEL IT BY DELIVERING OR MAILING A WRITTEN NOTICE TO LANDLORD. THE NOTICE MUST SAY THAT YOU DO NOT WISH TO BE BOUND BY THE CONTRACT AND MUST BE DELIVERED OR MAILED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS MEMBERHSIP AGREEMENT. THE NOTICE MUST BE MAILED TO: 4900 SW GRIFFITH DR., SUITE 133, ATTN: GYM CANCELATION, BEAVERTON, OR 97005 . IF YOU CANCEL WITHIN THE THREE DAYS, LANDLORD WILL RETURN TO YOU WITHIN 15 DAYS ALL AMOUNTS YOU HAVE PAID.

Member agrees to pay timely the then-prevailing membership fee in advance.  Late payment will result in the immediate suspension of the right to use the Fitness Facility.

The term of membership is month to month.  Membership may be cancelled at any time; however, Member shall not be entitled to a refund of any membership fee paid in advance, unless Landlord has terminated Membership for Landlord’s convenience and without cause, in which Landlord will refund a pro rata amount of the membership fee, calculated on a weekly basis.

 Only persons who are an employee of a tenant in Unitus Plaza or who are a bike tenant of Unitus Plaza shall be entitled to be a Member.  Membership shall cease immediately upon the Member becoming ineligible to be a Member.

 Access to the Fitness Facility shall be controlled by an Access Device issued by Landlord upon receipt of Member’s payment of the first installment of the membership fee and a $10.00 Access Device Deposit.  Member must use the Access Device with appropriate care to cause it to remain in good working order.  Landlord may change the form of the Access Device from time to time, as Landlord elects.  If Member loses or damages Member’s Access Device, Member shall pay the then-prevailing Access Device Replacement Fee prior to being issued a replacement Access Device.  The Access Device Replacement Fee is currently $10.00.  Landlord may modify the Access Device Replacement Fee from time to time, as Landlord elects.  If the Access Device ceases to function even though Member handled the Access Device appropriately (as reasonably determined by Management), Management shall replace the Access Device without charge.

 Member must scan the Access Device to access the Fitness Facility whether the door to the Fitness Facility is locked or not, to facilitate Landlord monitoring usage of the Fitness Facility.

 Member shall promptly return Member’s Access Device in good condition to Management upon termination or cancellation of Membership.  Upon terminating or cancelling Membership and returning the Access Device in good condition, the Access Device Deposit will be refunded.  Failure to do so will result in the application of the Access Device Deposit. 

 Member’s rights to use the Fitness Facility are personal to Member.  They may not be lent or assigned to or shared with any other person.

 Member agrees to be bound by all Rules and Regulations now or hereafter adopted by Landlord with respect to the Fitness Facility. 

 Use of the Fitness Facility at Member’s own risk.  Member assumes all risk of injury, damage or loss arising from or related to use of the Fitness Facility.  Member shall hold Landlord, its employees and agents harmless from and indemnify and defend Landlord against all claims, liabilities, damages, liens and expenses (including, without limitation, attorney’s fees whether or not suit shall be brought) arising directly or indirectly from (a) use of the Fitness Facility by Member; or (b) breach of the Rules and Regulations or any other direction promulgated by Landlord.

 Member understands that the use of the Fitness Facility may involve strenuous physical exertion and that a medical check-up is advisable before participating in any fitness program. Member represents that Member is in good physical condition and has no disability, impairment or ailment that prevents use of the Fitness Facility.  Member recognizes and accepts the danger of physical stress, strain or injury (including cardiac arrest and abnormalities of blood pressure or heart rate) that may result from any physical fitness program.  Member understands and acknowledges that the Fitness Facility is intended to be used by persons knowledgeable about fitness equipment and fitness training generally.  Member acknowledges the Fitness Facility is unstaffed.  Without limitation, the Fitness Facility does not include a fitness expert or any other health authority.

PLEASE PRINT AND RETAIN A COPY OF THIS MEMBERSHIP AGREEMENT (INCLUDING THE WAIVER AND THE RULES AND REGULATIONS) FOR YOUR RECORDS.  ALTERNATIVELY, YOU MAY REQUEST A COPY OF THE MEMBERSHIP AGREEMENT FROM MANAGEMENT.

Rules and Regulations for Use of Unitus Plaza Fitness Facility

 A. Only persons authorized as Members and who possess an Access Device are entitled to enter and to use the Fitness Facility.  No guests are permitted to use the Fitness Facility. Members must have in their possession a pre-authorized Access Device to enter and use the Fitness Facility.  

B. Members are not allowed to use the Fitness Facility other than during the hours designated by Management.  Management shall have the right to alter the hours of use of the Fitness Facility, at Management’s sole discretion.

C. Members shall use the Fitness Facility, any and all equipment and participate in any exercise program or class at their own risk.

D. Members with medical conditions, such as high blood pressure, heart disease, respiratory problems or any other conditions or situations that may cause any form of exercise to be dangerous to one’s health, including pregnancy or medication(s), must consult with and receive consent from their physician prior to joining or using the Fitness Facility.

E. If a Member feels faint, dizzy, sick, experiences pain and/or difficulty breathing while using the Fitness Facility, Member shall immediately stop the activity, rest, and, if necessary, seek medical assistance.

F. If a Member notices any faulty or malfunctioning equipment, hazardous conditions, situations, or safety concerns while using the Fitness Facility, Member shall promptly report the situation to the Management or building staff personnel immediately.  In addition, Member shall immediately cease use of faulty or malfunctioning equipment, and avoid hazardous conditions, situations, or safety concerns.

G. Access Devices shall not be shared and shall be used only by the individual to whom the Access Device was issued.

H. Member agrees to keep the Fitness Facility neat and orderly fashion, including but not limited to wiping all equipment after use. 

I. Members shall not store anything in the Fitness Facility, except to the extent Member’s personal belongings are temporarily stored in locker rooms during Member’s use of the Fitness Facility.  Such lockers are for day-use only.  All property must be removed upon completion of Member’s usage each time.  Any property, of whatever value, left in the locker or in the Fitness Facility while Member is not using the Fitness Facility will be removed by Management at the end of the day.  Such property will be donated or discarded from time to time.  MANAGEMENT WILL NOT MAINTAIN A LOST AND FOUND.  Neither Landlord nor Management is responsible for personal articles left in the Fitness Facility.

J. No alcoholic beverages or glassware are allowed in or around the Fitness Facility at any time.  No eating is permitted in the Fitness Facility.

K. Appropriate exercise attire is required at all times, which attire shall include without limitation, shirt, bottoms, and shoes.

L. Members agree to read and comply with all equipment instructions.

M. Member shall comply with all rules posted in the Fitness Facility. 

N. No one under 18 years of age may enter or use the Fitness Facility nor be a Member.

O. Member’s membership may be terminated upon Member’s violation of any of the Rules and Regulations.

P. Management reserves the right to change the membership fee, change the Access Device, alter Fitness Facility equipment and hours of operation, and add, change or delete any of the Rules and Regulations of this Fitness Facility as may from time to time be deemed necessary in the sole and absolute discretion of Management.

Q. Use is on a first-come, first-served basis.  No more than the posted maximum number of occupants may be in the Fitness Facility at any time.

R. Failure to abide by any Rule or Regulation, either in the Membership Agreement or as posted in the Fitness Facility, may result in immediate termination of such Member’s right to use the Fitness Facility, in Management’s sole discretion.

“Management” is one or more persons designated by Landlord, from time to time, to operate the Fitness Facility.