FITNESS CENTER AGREEMENT
This Exercise Facility Agreement (the “Agreement”) dated as of ____________________, _____ (the “Effective Date”) is enteredinto by and between Dallas 2100 Ross, LP (the “Owner”), whose address is 2100 Ross Avenue, Dallas, TX 75201, the address of thebuilding commonly known as 2100 Ross, and the undersigned (the “Permittee”) for the right or privilege to use the exercise facility,
including the exercise equipment, improvements, furnishings, and fixtures therein situated, at 2100 Ross Avenue, Dallas, TX 75201(the “Fitness Center” or the “Facility”).
1.

Term. Subject to and upon the terms herein set forth, and the rules and regulations promulgated by either Owner or its
manager (“Manager”) from time to time, Permittee shall have the right to use the Fitness Center. Either Manager or
Owner may revoke the Permittee’s right to use the Fitness Center at any time with or without cause, in Manager’s orOwner’s sole discretion. In addition, this Agreement shall automatically terminate at such time as Permittee is no longer
a tenant or an employee of a tenant of 2100 Ross. The term of this Agreement shall commence on the Effective Date andshall continue month to month, unless this Agreement is sooner terminated by Manager or Owner, or otherwise
terminated in accordance with the terms set forth herein or otherwise extended by a written agreement by and between
the Permittee and either Owner or Manager.

2.

Use of Fitness Centera.

Fitness Center Rules. Permittee shall use the Fitness Center in accordance with the rules and regulations
promulgated by Manager or Owner (the “Rules”) and posted at the Fitness Center. Any and all persons whoparticipate in or use the Fitness Center or its services must be a Permittee in good standing. Any unauthorized
persons discovered by Manager or Owner within the Facility will be deemed a trespasser and requested to leave theFitness Center. Manager and Owner further reserve the right to close the Fitness Center during legal holidays.
Permittee acknowledges that he or she has received a copy of the current Rules prior to entering into this Agreement
and that he or she has read, understands, and agrees to the Rules which may from time to time be adopted byManager or Owner, including but not limited to, the provisions of the Rules which may govern or affect the terms ofthis Agreement such as renewal or termination of Permittee. Permittee’s failure to observe the rules and regulations
shall, at Manager’s or Owner’s election, result in the termination of Permittee’s right to use the Fitness Center.

b.

Permittee’s Responsibilities. The Fitness Center may be equipped from time to time with free weights, weightlifting machines, stationery bicycles, stair climbers, treadmills and other exercise equipment. In addition to the otherresponsibilities of the Permittee set forth herein or in the Rules, Permittee is responsible for becoming fully
informed as to the function and operation of all exercise equipment, machines, apparatus, furnishings and fixtures
within the Fitness Center prior to using the Fitness Center, and will exercise ordinary and reasonable care in his or
her operation and use of the Fitness Center. In the event Permittee is not fully informed as to the function andoperation of all exercise equipment, machines, apparatus, furnishing, and fixtures (the “Fitness Center Equipment”)
within the Fitness Center, Permittee shall be responsible for reviewing the equipment instruction brochures on filewith Manager or Owner regarding the safe and appropriate use and operation of all Fitness Center Equipment prior
to Permittee’s use of the Fitness Center. In the event Permittee requires additional explanation regarding the use ofthe Fitness Center Equipment, Permittee, with Owner’s prior written consent and at Permittee’s sole cost andexpense, may use a personal trainer who is certified by the National Academy of Sports Medicine or other similar
association reasonably acceptable to Owner to explain the safe and appropriate use and operation of all Fitness
Center Equipment prior to Permittee’s use of the Fitness Center. Permittee agrees to use the Fitness Center
Equipment for the purposes to which such equipment is intended and apparently designed to be used. Permittee
agrees that Permittee’s uses of the Fitness Center at all times will be within Permittee’s own physical capabilities
and limitation. Where instructions from the manufacturer, any independent instruction, or notices concerning use ofthe exercise equipment within the Fitness Center have been made available, Permittee agrees to follow such
instructions in utilizing the Fitness Center. Permittee agrees and understands that using the Fitness Center involves
dangers of personal injuries such as muscle strain, as well as other dangers and injuries that cannot be foreseen, andthat injury or death could result from his or her use of the Fitness Center. Use of the Fitness Center means that thePermittee has knowledge of and appreciates the risks involved with such use, including potential injuries, which
may arise therefrom. Permittee shall be responsible for undertaking all reasonable steps to guard against injury to hisor her self and to other persons or property within the Fitness Center or the premises of 2100 Ross, and to prevent
damage to the Fitness Center or any other property within 2100 Ross. Permittee shall promptly notify Manager ofany defective exercise equipment, as well as any damage to the equipment. Permittee is responsible forsafeguarding all valuables prior to entry, or while within the Fitness Center, and agrees that the lockers provided

Permittee Agreement.doc

within the Fitness Center are designed for clothing and gym bags and that valuables are not secure in the Fitness
Center. Neither Manager nor Owner is responsible for lost or stolen items.
c.

Assumption of Risk. Permittee has personally conducted an inspection of the Fitness Center and hereby
acknowledges that no security personnel, exercise consultant or other attendant shall be present in the Fitness
Center. Permittee shall be solely responsible for his or her own safety and shall determine his or her own physicalcapabilities and limitation in using utilizing the Fitness Center. Permittee agrees that upon any use of, or presence
within, the Fitness Center, Permittee is making an informed choice to use or be present within the Fitness Center andexpressly assumes the risk of such use or presence. Permittee acknowledges that the American College of Sports
Medicine advises that each Permittee, especially those 35 years of age and older, should consult his or her physician
and follow such physician’s recommendation before using the Facility or otherwise beginning any exercise programat the Fitness Center. Furthermore, if Permittee has a history of heart disease, Permittee should consult a physician
before using the Fitness Center.

3.

No Waiver. Permittee does hereby acknowledge that failure of Manager or Owner to enforce any Rules, or any
conditions of Permittee’s use of the Fitness Center or any of the Manager’s or Owner’s rights under this Agreement orunder law shall not be deemed or construed to be a waiver by Manager or Owner of its rights thereafter to insist upon thePermittee’s compliance with all Rules adopted by Manager or Owner, from time to time, and with all terms andconditions of this Agreement.

4.

Release. In consideration of the use of the exercise and recreational facilities at the Fitness Center, Permittee does
hereby agree to release and hold harmless Manager, Owner, and any successor owner or manager of the building wherein
the Fitness Center is located and their respective subsidiaries and affiliates, employees, officers, agents, contractors,
contract managers, successors and assigns (collectively hereinafter, the “Released Parties”) from liability for all injuries
sustained by Permittee, any loss or damages of any nature or kind and/or cost of liability resulting from any act oromission, including negligence of the Released Parties, in connection with the use of the Fitness Center by Permittee orothers. Permittee agrees to indemnify and hold harmless the Released Parties from any loss, liability, damage or costthat they may incur from Permittee’s presence at the Fitness Center or use of the Fitness Center, including but not limited
to any liability or loss the Released Parties may be held responsible for because of any torts committed by the Permittee
or any guest of Permittee, against the Permittee or against any other persons present at the Fitness Center or present
within the premises of 2100 Ross, and Permittee further agrees to reimburse the Released Parties for any damage that heor she may cause, or any guest of the Permittee may cause, to the Fitness Center or the asset or property of the Released
Parties. It is intended that this release shall constitute a good sufficient and complete defense against any actions whichmight be brought by the Permittee or anyone acting on the Permittee’s behalf or claiming by or through the Permittee
alleging injury, loss or damage arising out of use of or presence within the Fitness Center. The execution and delivery ofthis release and indemnity is a material inducement for the rights granted to Permittee hereunder, and Permitteeacknowledges that Manager and Owner are relying on this release and indemnity and that Manager and Owner would notgrant rights to Permittee as provided herein in the absence of this release and indemnity. Permittee has signed thisrelease and indemnity of his or her own free will and agrees with all terms and conditions.

Permittee Agreement.doc

2 of 4

5.

Miscellaneous. By signing this Agreement, Permittee acknowledges that he or she has read this entire Agreement andfully understands and agrees to all terms and conditions of this Agreement and the Rules as amended from time to time.
This Agreement shall inure to be the benefit of Manager, Owner, and the Released Parties and their respective successors
and assigns.
PERMITTEE:
Signed:Name:(Please Print)
Employer:
Suite Address:
Office Telephone Number:
Do you currently have an Access Card? (Y/N):
Gender for Locker Room Access (M/F):
Email Address:
Date:
In the event of an emergency, please contact:
Relationship and telephone number:

Return this signed form to the Lobby Level Security Console. You will be notified once
authorization for use of the Fitness Center is granted and your access card has been
programmed.

Permittee Agreement.doc

3 of 4

	  RULES	  AND	  REGULATIONS	  	  1.

The	  hours	  of	  operation	  are	  5:00am	  –	  9:00pm	  Monday	  –	  Friday,	  excluding	  Christmas	  Day,	  New	  Year’s	  Day,	  Thanksgiving	  Day,	  Independence	  Day,	  Labor	  Day,	  Memorial	  Day.	  	  

2.

The	  exercise	  equipment	  is	  to	  be	  used	  for	  the	  purpose	  and	  in	  the	  way	  the	  equipment	  is	  intended	  and	  designed	  to	  be	  used.	  	  Please	  limit	  use	  of	  each	  piece	  of	  exercise	  equipment	  to	  twenty	  (30)	  minutes	  when	  others	  are	  waiting.	  	  Please	  wipe	  down	  the	  exercise	  equipment	  after	  each	  use.	  	  Disposable	  wipes	  are	  provided.	  

3.
4.	  
5.

Towels	  are	  provided	  for	  your	  use	  while	  in	  the	  Fitness	  Center.	  	  Please	  return	  used	  towels	  to	  the	  collection	  bin	  inside	  the	  locker	  rooms.	  	  

6.

Please	  report	  any	  problems	  with	  exercise	  equipment	  or	  any	  area	  of	  the	  Fitness	  Center	  to	  Building	  Management	  or	  security.	  	  

7.

The	  Fitness	  Center	  is	  unattended	  and	  is	  to	  be	  used	  at	  your	  own	  risk.	  	  8.

In	  case	  of	  emergency,	  use	  the	  emergency	  call	  buttons	  located	  in	  each	  locker	  room	  and	  inside	  the	  Fitness	  area.	  	  This	  will	  put	  you	  in	  immediate	  contact	  with	  the	  building	  security.	  	  There	  is	  an	  Automated	  External	  Defibrillator	  (AED)	  mounted	  in	  each	  locker	  room	  and	  in	  the	  Fitness	  area,	  follow	  instructions	  included	  if	  a	  heart	  attack	  is	  suspected.	  	  

9.

Lockers	  are	  available	  for	  your	  day	  use	  only;	  no	  overnight	  or	  exclusive	  use.	  	  Items	  left	  for	  more	  than	  24	  hours	  will	  be	  discarded.	  	  Building	  Management	  shall	  not	  be	  liable	  for	  lost	  or	  stolen	  items.	  	  

10.

Your	  building	  access	  card	  will	  be	  activated	  within	  forty-­‐eight	  (48)	  hours	  after	  receipt	  of	  the	  executed	  PERMITTEE	  AGREEMENT.	  	  You	  will	  need	  to	  use	  your	  access	  card	  each	  time	  you	  enter	  the	  Fitness	  Center	  and	  to	  get	  into	  the	  Locker	  Rooms.	  	  	  	  
11.

The	  Fitness	  Center	  is	  exclusively	  for	  the	  use	  of	  2100	  Ross	  tenants	  over	  the	  age	  of	  eighteen	  (18)	  for	  their	  enjoyment,	  recreation	  and	  relaxation.	  	  You	  may	  be	  asked	  to	  furnish	  suitable	  identification	  as	  requested	  by	  Building	  Management	  to	  confirm	  your	  right	  to	  use	  the	  Fitness	  Center.	  	  All	  others	  will	  be	  denied	  access.	  	  Granting	  access	  to	  an	  outside	  party	  is	  subject	  to	  termination	  of	  Fitness	  Center	  privileges.	  	  	  	  
12.

Upon	  termination	  of	  your	  employment	  by	  a	  tenant	  of	  2100	  Ross	  or	  expiration	  of	  your	  employer’s	  lease	  at	  2100	  Ross,	  your	  Fitness	  Center	  privileges	  will	  be	  terminated.	  	  
13.

Food	  and	  beverages	  (with	  the	  exception	  of	  water,	  sports	  drinks	  and	  water	  bottles)	  are	  not	  permitted	  in	  any	  areas	  of	  the	  Fitness	  Center.	  	  Alcoholic	  beverages	  are	  also	  prohibited.	  	  
14.

Smoking	  is	  prohibited	  in	  all	  areas	  of	  2100	  Ross,	  and	  therefore	  prohibited	  in	  the	  Fitness	  Center.	  	  

15.

Building	  Management	  reserves	  the	  right	  at	  any	  time	  to	  change	  the	  rules	  and	  regulations,	  close	  the	  Fitness	  Center	  at	  any	  time	  for	  repairs	  or	  maintenance	  or	  to	  cease	  operation	  of	  the	  Fitness	  Center.	  	  Permittee Agreement.doc

4 of 4