WAIVER OF LIABILITY FOR BEVERLY ATHLETIC CLUB AND BAC EXPRESS As a condition to, and in consideration of, my use of the Beverly Athletic Club located at 7 Reservoir Road or BAC Express located at 600 Cummings Center and the exercise and weight training facilities and equipment. 1. I am in good physical condition and am able to use the facilities and equipment at Beverly Athletic Club, and to participate in exercise and fitness activities available therein. I will do all exercises and participate in all activities at my own pace and at my own risk. I also understand that BAC Express has a part-time operator and may be unmanned and unsupervised during its hours of operation. 2. I understand that SOUL REAL ESTATE HOLDINGS and BEVERLY RACQUET & FITNESS CLUB, Inc., do not represent that their employees, personnel or agents have expertise in diagnosing, examining or treating medical conditions of any kind or in determining the effects of any specific exercise on such medical conditions. 3. I understand that in participating in one or more exercise or fitness activities or in my use of the equipment or the facilities, there is a possibility of accidental or other physical injury or of loss of or damage to my personal property. I AGREE TO ASSUME ALL RISK OF SUCH INJURY OR LOSS OF OR DAMAGE OF PROPERTY, AND FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS SOUL REAL ESTATE HOLDINGS and BEVERLY RACQUET & FITNESS CLUB, Inc, AND ANY OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, EMPLOYEES, PERSONNEL OR AGENTS THEREOF, FROM ANY LIABILITY, LOSS, COST, DAMAGE, EXPENSE, CLAIM OR SUIT WHATSOEVER FOR ANY AND ALL INJURY, LOSS, ILLNESS, HARM, COST, EXPENSE, CLAIM, SUIT, OR DAMAGE RESULTING FROM OR RELATED TO MY USE OF THE CENTER OR THE EQUIPMENT AND FACILITIES LOCATED THEREIN, EXCEPT TO THE EXTENT SUCH AN INJURY, LOSS, ILLNESS, HARM, COST, EXPENSE, CLAIM, SUIT, OR DAMAGE IS CAUSED BY THE INTENTIONAL ACT OR OMISSION OF SUCH PARTIES. 4. In consideration for my being permitted to use the Beverly Athletic Club, I hereby release SOUL REAL ESTATE HOLDINGS and BEVERLY RACQUET & FITNESS CLUB, Inc their officers, directors, agents or employees form any and all liability whatsoever, whether to my person or my claims or liabilities arising from or out of my use of the Beverly Athletic Club. I further agree not to use or make any claim of any nature whatsoever in any court, agency or other forum or proceeding against any individual or entity whom I have released and agreed to hold harmless in the preceding sentence. 5. I further grant permission for first aid to be given to me in an emergency, and agree that I will be solely responsible for any medical costs which may arise as a result of my use of the Beverly Athletic Club and/or the equipment and facilities located therein. 6. I acknowledge that I have received and read a copy of the Rules and Regulations governing the use and hours of operation of the Beverly Athletic Club and the equipment and facilities located therein. I agree that I will fully comply with these Rules and Regulations as they are amended from time to time. 7. I acknowledge that I am aware of the location and understand the use of the security panic buttons. 8. I have read this form and have had the opportunity to ask questions and consult with my attorney. I have sufficient information to give my informed consent to use the Fitness Center.