Bentsen Grove Resort Fitness Center Rules & Regulations 1. A signed Informed Consent Agreement and Liability Waiver Form must be on file with the Office prior to using the fitness center. 2. Use of the fitness center is limited to those who are active Residents at Bentsen Grove Resort. 3. Hours of the fitness center are: Daily from 6:00 am – 10:00 pm 4. Proper attire, decorum and consideration of the rights and comforts of others must be observed at all times. 5. Appropriate gym attire must be worn inclusive of a shirt or top, shorts and/or pants, and appropriate shoes. 6. For safety reasons, personal items, gym bags, backpacks and other items should not be on the fitness center floor. 7. No food should be brought into the fitness center at any time. 8. Beverages consumed during workout must be in a non-glass container with a lid. 9. Spills must be cleaned immediately. 10. Equipment must be wiped down after use. Disinfectant and paper towels will be available for your use. 11. No bare feet allowed in the fitness center. 12. Portable stereos and electronic devices may be used with headphones only. 13. Use of the “buddy system” is recommended when lifting heavy weights. 14. Return all equipment to their respective places after use. 15. Equipment must be handled with care; any abuse will result in loss of fitness center privileges. 16. Equipment malfunctions must be reported to the Community Office at 956-585-7011 immediately. 17. Proper use of equipment is expected at all times. FITNESS CENTER USER AGREEMENT AND RELEASE Bentsen Grove SPE, LLC, has made available a fitness and workout facility located in Bentsen Grove Resort (on the west side adjacent to indoor pool)(the “Fitness Center”) for the use of tenants of Bentsen Grove Resort. The undersigned (“User”) shall be permitted to make use of the Fitness Center upon the following terms and conditions: 1) USE OF FITNESS CENTER. Users shall use the Fitness Center only in accordance with the Bentsen Grove Fitness Center Rules and Regulations. Enforcement of rules are at Management’s sole discretion. Management further reserves the right to revoke User’s access to the Fitness Center if Management deems such revocation reasonably necessary to protect persons or property at the Fitness Center. The Fitness Center is a smoke-free environment and smoking and/or use of other tobacco products in the Fitness Center is prohibited. While using the Fitness Center, User shall not engage in any activity that is injurious or offensive to other users or otherwise in conflict with the rules and regulations of the building. 2) RELEASE AND WAIVER. User understands and agrees as follows: ▪ The Fitness Center shall be used only by such tenants who have signed this User Agreement and Release NO CHILDREN UNDER 18 YEARS OF AGE ARE PERMITTED IN THE FITNESS CENTER ▪ If Users bring a Guest/s, they should check in at the office and sign a release. User will be responsible for any issues or problems with their Guest/s. The Fitness Center is not supervised and use of the facilities and equipment located therein (the “Equipment”) is at User’s own risk Management will not provide any instruction, supervision or direction regarding the use of the Equipment and User will not use any piece of the Equipment with which User is not thoroughly familiar or which User does not know how to operate ▪ Management does not provide materials supplied by the manufacturer(s) of the Equipment, Management is not required to maintain or provide such materials, and Management will not be held liable or responsible in any way for the contents of or any omissions from such material ▪ Management has advised User to obtain a medical examination and physician’s approval prior to using the Fitness Center ▪ All strength training, cardiovascular exercise, or any other exercise shall be undertaken by User at User’s sole risk and Management and/or their respective agents or employees shall not be liable to User for claims, demands, injuries, damages, actions or causes of action, whatsoever, to my person or property arising out of or connected with User’s use of the Fitness Center. User hereby expressly and forever releases and discharges Management and their respective agents and employees from all such claims, demands, injuries, damages, actions or causes of action, from all acts of active or passive negligence on the part of Management and their respective agents or employees. ▪ Any illegal drugs, alcoholic beverages, intoxicants and criminal or lewd conduct is prohibited in the Fitness Center. Management is not responsible for any of User’s personal belongings. 3) TERMINATION POLICY. Management reserves the right to terminate User’s use of the Fitness Center for any reason including but not limited to improper use of equipment, failure to exhibit proof of tenancy in the building, and not complying with Bentsen Grove Fitness Center Rules and Regulations. HOURS OF OPERATION. The fitness center hours are 6:00 a.m. – 10:00 p.m. daily and are subject to change at any time without notice and at Management’s sole discretion. Doors will be locked outside of these hours. 8) ACKNOWLEDGEMENT. THE UNDERSIGNED USER HAS READ THE ABOVE USER AGREEMENT AND RELEASE AND UNDERSTANDS THAT HE/SHE HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING BELOW. THE UNDERSIGNED FURTHER ACKNOWLEDGES THAT THE FITNESS CENTER WILL NOT BE MONITORED OR SUPERVISED BY