ASSOCIATION OF APARTMENT OWNERS OF THE KAHALA BEACH
EXERCISE ROOM USE RELEASE,
USE AGREEMENT, RULES, AND WAIVER
I request the right to use the ASSOCIATION OF APARTMENT OWNERS OF THE KAHALA BEACH exercise room despite recent concerns regarding the COVID-19 Pandemic. In exchange, I agree to the following terms and conditions:
I understand and acknowledge that use of the exercise room presents inherent risks of harm for the user, including but not limited to bodily injury, sickness, disease, and death. I understand that, while the Association will take efforts to sanitize and/or disinfect certain areas, there is a risk of contracting the virus that causes COVID-19 with use of the exercise room. I understand that the use of the exercise room by me and my family members is done with full knowledge and disclosure of the risks and dangers associated with such use. I agree to comply (and shall cause my family members to comply) with the Association’s rules, regulations, guidelines, policies, and restrictions and any local or federal guidance or rules governing my use and my family members’ use of the exercise room facilities. I certify that I and my family members have no symptoms associated with COVID-19 and no reason to believe that I or my family members have been in contact with someone who has COVID-19.
On behalf of myself and my family members, heirs, personal representatives, successors and assigns, I release and discharge the ASSOCIATION OF APARTMENT OWNERS OF THE KAHALA BEACH, and its board, officers, agents, employees, insurers, and their successors and assigns from all disputes, claims, actions, liabilities, injuries and damages of whatsoever nature, related to, resulting from, or in any way connected to the use of the exercise room by me or my family members, including contraction of COVID-19 by me or my family members.
I will assume the cost of defense, including attorney’s fees, and defend the ASSOCIATION OF APARTMENT OWNERS OF THE KAHALA BEACH and its board, officers, agents, employees, insurers and their successors, and assigns, against any and all disputes, claims, actions, liabilities, injuries and damages of whatsoever nature, related to, resulting from, or in any way connected to the use of the exercise room by me or my family members, including any claims related to the spread of COVID-19 at the Project caused by the use of the exercise room facilities by me or my family members and any citations issued to the ASSOCIATION OF APARTMENT OWNERS OF THE KAHALA BEACH by the State of Hawaii or the City and County of Honolulu officials due to my use or my family members’ use of the exercise room.
If I fail to comply with any of the above agreements, I will reimburse the Association for all fees and costs incurred in enforcing those agreements, including attorney’s fees.
I acknowledge that this agreement expresses the entire agreement between me and the Association and that neither the Association nor anyone representing the Association is authorized to waive anything stated in this agreement or to change its terms.
As a condition of utilizing the Exercise Room, I/we, the resident(s) of The Kahala Beach listed above agree that I/we do so at our own risk and expense, and that I/we hereby expressly release, waive, and hold harmless, The Kahala Beach Association of Apartment Owners, its Board of Directors and its members (collectively referred to hereinafter as “AOAO”) from and against any and all liability or claims resulting while in or utilizing The Kahala Beach Exercise Room, regardless of the injury’s cause. Except to the extent covered by insurance, I/we further expressly agree, on behalf of my/ourselves, heirs, successors, and assigns, to fully indemnify and fully reimburse the AOAO any and all costs and expenses incurred by the AOAO as a result of any injury sustained or caused by me/us or any of our guests, or other authorized users arising out of my/our use of The Kahala Beach Exercise Room, regardless of the injury’s cause.
I/we further recognize that I/we are solely responsible for any determination of my/our physical condition and state of health, or that of my/our guests, relative to the appropriateness of my/our use of the Exercise Room. I/we also understand that prior to undertaking any exercise program, it is recommended that a physician be consulted in order to fully understand the risks that are involved. I/we hereby represent that I/we carry my/our own health insurance or am/are members of a Health Maintenance Organization (HMO) and that I/we agree that I/we will make any and all claims which may arise as a result of my/our use of the Exercise Room in the case of or in the event of injury to me/us against said insurance or HMO. My/our insurance policy and/or HMO coverage in effect at the time of the incident will be considered my/our primary insurance or primary coverage.
Furthermore, I/we agree to utilize all equipment in a safe and proper manner, and abide by all Exercise Room rules, including any future modifications, rules, and regulations posted in the facility, or as otherwise determined by the Board of Directors. Additionally, and as more fully stated in the Condominium governing documents, I/we understand that I/we are fully responsible for any damage to the facility or its contents as a result of my/our behavior.
Additional Temporary Covid-19 Exercise Room Rules
Temporary Kahala Beach Apartments Exercise Room rules, July 2020, modified for social distancing during Covid-19 Pandemic. All other exercise room rules (House Rules N-18 through N-22, effective January 2020) are still in force.
- Residents must agree NOT to use the exercise room if they have any symptoms or exposure risks as listed by the CDC Guidelines.
- Individuals using the exercise room must comply with social distancing
(6 feet separation to the greatest extent reasonable and practical) as mandated by the State of Hawaii DOH.
- All exercise room users must be Kahala Beach AOAO residents. No guests.
- The exercise room is open for exercise seven days a week from 9:30 a.m. to 5:30 p.m. by individual unit. Exercise room sign up, one apartment unit limited to one exercise room time slot per day. Names of all users, maximum 4 per time slot, must be on sign-up sheet with unit number.
- Reservations cannot be made more than one week in advance.
- Appointments are hourly, on the half-hour, restricted to 50-minute time slots to allow a 10-minute window for change-over between exercise times.
- Appointment times cannot be transferred or divided between units.
- Booking privileges will be revoked from individuals who fail to show up to their appointment without canceling or who fail to comply with rules.
- Exercise room users must select and mark each machine or weights used with colored stickers provided. Users must wipe off each machine or weights used before AND after use with wipes provided.
- Booking and use privileges will be denied to anyone who fails to identify themselves and their resident unit number when requested to do so.
- There will be no restroom facilities available and the water fountain will be closed. Please bring your own filled water bottles.
- Exercise room users must accept the Kahala Beach Exercise Room Exercise Room Use Release, Indemnification Agreement, Use Agreement, and Waiver.
SIGN UP FOR EXERCISE ROOM USE BY ENTERING THE NAMES OF ALL USERS, MAXIMUM 4 PER SESSION, AND APARTMENT NUMBER ON THE ELECTRONIC SIGN-UP SHEET.
EXERCISE ROOM SIGN-UP ADDRESS: https://kahalabeachapts.com/kahala-exercise-room-time-slot-reservations/