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Union House

Release, Waiver of Liability Indemnity and Hold Harmless Agreement

In addition to the building Fitness Rules and Regulations attached to this Release, Waiver of Liability Indemnity and Hold Harmless Agreement, the undersigned must also adhere to the Building Rules and Regulations in effect and as amended from time to time. PCT Nominee Owner LLC, a Delaware limited liability company (the “Building Owner”), Cushman & Wakefield U.S., Inc. (the “Manager”), and Playbook (the “Operator”) (together referred to as “Managing Parties”) are providing you with a limited non-exclusive, revocable and non-transferable license to access and use Union House, locker room facilities, the Sport Court (collectively, the “Union House”), and certain exercise equipment (the “Equipment”), located at 200 N. Pacific Coast Highway, Suite 360 (the “Building”).

You agree that if you engage in any physical exercise or activity, including group fitness classes, personal training, massage therapy, nutritional counseling or wellness coaching, or enter any premises or use any facility or equipment on any premise in which we do business for any purpose, you do so at your own risk and thereby assume the risk of any and all injury, sickness, and/or damage you may suffer, whether while engaging in physical exercise or not.

Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor.

You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of any Manager Parties or otherwise.

In consideration of the Operator providing the undersigned with an electronic key card that will allow the undersigned to access Union House during hours of operation, the undersigned hereby fully, finally and completely waives and releases the Building Owner, Manager, Operator, PCT Nominee Owner LLC, BCSP / 3E JV LLC, BCSP 9 PCT Asset Manager LLC, PCT Nominee TRS, LLC and Cushman & Wakefield U.S. Inc. and their respective successors, lenders, assigns, affiliates, subsidiaries, parents, officers, shareholders, directors, employees, attorneys, agents, past, present and future, and their respective heirs, successors and assigns (collectively and individually, “Manager Parties”), of and from any and all claims, controversies, disputes, liabilities, obligations, demands, damages, debts, liens, actions and causes of action of any and every nature whatsoever, known or unknown, whether at law, by statute or in equity, in contract or in tort, under state or federal jurisdiction, and whether or not the economic effects of such alleged matters arise or are discovered in the future, which the undersigned has or may claim to have against the Manager Parties arising out of or relating to the undersigned’s use, access or visitation of Union House, including use of the Equipment.

This waiver and release of liability includes, without limitation, injuries which may occur as a result of:

• Your use of any exercise equipment or facilities which may malfunction or break.
• Improper maintenance of any exercise equipment, premises, or facilities.
• Negligent instruction or supervision, including personal training.
• Negligent hiring or retention of employees.
• Slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Manager Parties or anyone else’s negligent inspection or maintenance of the facility or premises.

By execution of this agreement, you hereby agree to indemnify, defend, and hold harmless any and all Manager Parties from any loss, liability, damage, or cost that Manager Parties may incur as a result of or in connection with your use, access, or visitation of Union House, including use of the Equipment, for any and all claims, liabilities, losses, costs, damages, and expenses that you may have against any Owner Parties for any personal injury, illness or death, property loss, or other damages connected to or arising out of the associated risks.

Any dispute between you and any of the Manager Parties under this Waiver of Liability will be resolved by arbitration in the state of California in accordance with the rules of the American Arbitration Association.

Signature and Acknowledgement

The undersigned acknowledges that the limited non-exclusive, revocable and non-transferable license granted by the Operator is limited to the undersigned’s use, access, and visitation to Union House solely for its intended use and for no other reasons. The undersigned agrees not to provide any other individual, including family members, with entrance to or use of Union House.

The Operator has the right, in its sole discretion, to modify, without prior notice to or obtaining the consent of the undersigned, the terms and conditions of use of Union House, including but not limited to additions, deletions, or modifications to Equipment installed in Union House, increases in membership fees and fee structure, changes in hours of operation, ceasing operations of Union House in its entirety, or permitting access to Union House based on criteria developed by the Operator, as amended from time to time.

By signing this Release, Indemnity and Hold Harmless Agreement (the “Release”), I acknowledge that I have read and fully understand the foregoing Release and have received, read, and understood the Union House Rules and Regulations (the “Rules”). I therefore agree to be bound by the Release and conform to the Rules as amended from time to time. The undersigned acknowledges that the provisions of this Release shall survive any termination or expiration of their access to Union House, membership to Union House, and employment at 100/200/222 N. Pacific Coast Highway, El Segundo, CA 90245.

Union House Fitness Rules & Regulations

Location

The Union House is located at the basement level between the 100 and 200 Building.

Hours of Operation

Union House is open for use Monday through Friday from 5am to 9pm. Services such as towel and laundry service, HVAC, janitorial, fitness management, group classes, and private instruction are available only during regular staffed hours, which will be posted on-site and are subject to change.

Union House may be closed without notice on days determined by the Manager. Without limiting the foregoing, the Manager also reserves the right to close Union House for any special event, emergency, or other circumstance that the Manager or its agents believe necessitates restricted access to the facilities.

Membership

• Memberships are not transferable or assignable.
• All members must be at least eighteen (18) years of age.
• Membership rates and membership structure may be changed at any time.
• All membership fees are non-refundable.
• The right to membership may be revoked at any time and for any reason, without explanation or notice.
• Only occupants and/or tenants of 100/200/222 N. Pacific Coast Highway, El Segundo, CA 90245 shall be allowed to enter Union House or be members of Union House.
• All members must complete and execute the membership application, the Release, and such other documents required by Manager from time to time.

Access

• Upon receipt of payment for membership, a member’s existing building key card will be activated for access to Union House.

Key Card

• The assigned key card is to be used by the Union House member only and must be swiped each and every time the member enters Union House.
• Members agree not to allow any other individual, including family members, access to Union House through the use of their assigned key card.
• Any member who allows any other individual access to Union House, other than themselves, will automatically be terminated from use of Union House, without notice.

Emergency

• In the event of an emergency, the member shall inform the Manager immediately and call 911.

Member Conduct

• Cell phone use in the gym area is prohibited. If you must carry a cell phone or other communication device, please turn off the ringer as a courtesy to others and step outside of Union House to take the call.
• No food or gum chewing is allowed in Union House.
• No smoking, drugs, or alcohol use is permitted in Union House. Membership will be terminated immediately if any member is found to be under the influence of alcohol or any illegal substance while in Union House.
• No loud or abusive language is permitted.
• No music is to be played in Union House so that it is noticeably audible to other members, including the use of personal listening devices such as phones or speakers.
• Please be courteous to other members while in Union House and keep conversations to a minimum.

Dress Code

• Members are expected to dress appropriately for Union House. Any clothing which bears offensive language or offensive graphics is not permitted.
• Athletic shoes must be worn at all times. Bare feet, socks without shoes, flip flops, open back shoes, and boots are not permitted.
• Shirts must be worn at all times.
• Accessories such as jewelry, watches, scarves, and similar items that are likely to interfere with or damage Union House equipment are not permitted.

Equipment Usage

• Do not drop weights. Do not allow machine plates to slam. Perform controlled repetitions only or you will be asked to leave.
• Personal use of the workout studio is prohibited if a class is scheduled or in session.
• Please wipe down machines after use with the towels provided.
• Please share equipment and allow others to use your machine when doing multiple sets.
• Please return all dumbbell weight equipment to the appropriate place on the racks.
• There is a thirty (30) minute time limit on all cardiovascular equipment during peak periods of use.
• No outside personal trainers engaged by members will be allowed in Union House.
• All equipment failures should be reported to the Manager immediately.
• Any damage to equipment caused by a member’s negligence shall be repaired and/or replaced at such member’s cost.

Locker Room Use

• All belongings must be stored in a locker. Personal items should not be left or stored in the fitness area.
• Any personal items left in lockers at the end of the day will be removed. The contents of the locker will be placed in the Lost & Found. See building security to reclaim items.
• Any items left in the shower areas will be discarded nightly.
• Members accept complete responsibility for any personal items lost, stolen, or discarded from any area of Union House, including but not limited to the locker room.
• If an item is left with building security for more than fourteen (14) days, such item shall become the property of the Manager.

Further Conditions

• The Release and the Rules, as amended from time to time by the Manager, and the Union House Application constitute the entire understanding between the parties with respect to a member’s use, access, or visitation to Union House.
• The member agrees that neither the terms nor the provisions of the Rules may be waived, modified, amended, discharged, or terminated through any oral representation, agreement, or understanding.
• The Manager has the right, in its sole discretion, to modify, without prior notice to or obtaining the consent of the member, the terms and conditions of use of Union House, including but not limited to additions, deletions, or modifications to equipment installed in Union House, increases in membership fees, changes in hours of operation, ceasing operations of Union House in its entirety, or permitting access based on criteria developed by the Manager.
• The Manager may request that anyone seeking to utilize Union House execute other supplementary documents as required from time to time.