Common use of ACKNOWLEDGMENT OF RISKS Clause in Contracts

ACKNOWLEDGMENT OF RISKS. Licensee acknowledges and agrees that: (i) the Fitness Center shall be unmanned and unsupervised; (ii) any and all employees of Licensor or Xxxxx Interests Limited Partnership (“Hines”), or any successor or assignee of the foregoing, who may be present at any time in the Fitness Center are not trained or authorized to provide, health, fitness or medical assistance or advice; (iii) Licensor does not manufacture or own the fitness equipment to be located in the Fitness Center, but rather leases the equipment, and shall not be held liable for any defective equipment; (iv) each person, including Licensee, has a different physical capacity for participating in physical fitness and exercise training, (v) there are inherent hazards, risks and dangers with physical fitness and exercise training, (vi) injuries are relatively common and despite the age, experience or level of fitness of the participant, such injuries are often difficult to avoid, and (vii) Licensee is subject to harm, injury and damage from physical fitness and exercise training and that no preplanning can eliminate, prevent or control such hazards, risks and dangers. Notwithstanding the foregoing, Licensee desires to use the Fitness Center for the Use. Licensee’s use of the Fitness Center is strictly voluntary. Licensee’s use of the Fitness Center is at Licensee’s sole risk and Licensee expressly, knowingly, voluntarily, unconditionally and willingly assumes any and all risk of personal injury, bodily injury, illness, death, property loss, damage or theft or any other Claim (as defined below) (collectively, “Harm”) arising out of, resulting from, in connection with and related to Licensee’s Use of the Fitness Center. Licensee hereby assumes all responsibility for its Use of the Fitness Center.

ACKNOWLEDGMENT OF RISKS. Licensee acknowledges and agrees that: (i) the Fitness Center shall be unmanned and unsupervised; (ii) any and all employees of Licensor or Xxxxx Interests Limited Partnership (“HinesXxxxx”), or any successor or assignee of the foregoing, who may be present at any time in the Fitness Center are not trained or authorized to provide, health, fitness or medical assistance or advice; (iii) Licensor does not manufacture or own the fitness equipment to be located in the Fitness Center, but rather leases the equipment, and shall not be held liable for any defective equipment; (iv) each person, including Licensee, has a different physical capacity for participating in physical fitness and exercise training, (v) there are inherent hazards, risks and dangers with physical fitness and exercise training, (vi) injuries are relatively common and despite the age, experience or level of fitness of the participant, such injuries are often difficult to avoid, and (vii) Licensee is subject to harm, injury and damage from physical fitness and exercise training and that no preplanning can eliminate, prevent or control such hazards, risks and dangers. Notwithstanding the foregoing, Licensee desires to use the Fitness Center for the Use. Licensee’s use of the Fitness Center is strictly voluntary. Licensee’s use of the Fitness Center is at Licensee’s sole risk and Licensee expressly, knowingly, voluntarily, unconditionally and willingly assumes any and all risk of personal injury, bodily injury, illness, death, property loss, damage or theft or any other Claim (as defined below) (collectively, “Harm”) arising out of, resulting from, in connection with and related to Licensee’s Use of the Fitness Center. Licensee hereby assumes all responsibility for its Use of the Fitness Center.