In consideration of Vantage South End agreement to furnish the undersigned with an access card for the use of the BIKE ROOM STORAGE FACILITY, the undersigned hereby acknowledges and agrees that he/she shall save harmless, exonerate and indemnify Tryon Investors, LLC (the building “Owner”) (managed by Spectrum Properties Management Company, Inc. ((Management”)) and its successors and assigns (collectively and individually “Vantage South End”) and their directors, officers agents and employees, from and against any and all claims, liabilities or penalties arising out of the undersigned’s use of the Bike Room Storage Facility or violation of its rules and regulations. This waiver and release shall encompass, but is not limited to, and all claims, liabilities or penalties arising from personal injuries, property damage or other losses which the undersigned might sustain in connection with his or her use of the bike room storage facility, regardless of whether or not such claim, liability or penalty arises in whole or in part by the action, inaction or negligence of Vantage South End, or whether such claim, liability or injury is caused in whole or in part by the actions or inactions of any third party. In this regard, the undersigned hereby agrees to use the bike room storage facility at his/her own risk and to assume all risk of any such occurrences on the premises, or otherwise.

The undersigned acknowledges that Vantage South End has not made any warranties, guaranties, or representations of any kind whatsoever regarding the condition of the bike room storage facility and that Vantage South End is not providing supervision of activity in the facilities or security for the facilities other than the provision of access cards.

The undersigned further (i) agrees that his/her right to use Vantage South End Bike Room Storage Facility is subject to rules and regulations imposed from time to time by Vantage South End, with which the undersigned agrees to comply, and (ii) acknowledges that such rules and regulations, inter alia, prohibit any card holder from affording access to Vantage South End Bike Room Storage facility to any individual who has not been given an access card by Vantage South End.

PARKING DECK INFORMATION AND RULES:

1. The Bike Room is open 24 hours a day 365 days a year.
2. Anyone wishing to access the bike room storage facility will be required to complete the Vantage South End Bike Room Storage Facility Waiver and Member Agreement. The bike room storage facility is for the enjoyment of all Vantage South End’s tenants and their employees. (no friends, children, relatives or vendors NO EXCEPTIONS!). If this becomes an issue we will be forced to close the bike room indefinitely.
3. Landlord reserves the right, to terminate or suspend, for such period of time as Landlord shall deem appropriate, any privileges of Member for Members failure to comply with any provision of the Membership Agreement or for any other actions that are in any way detrimental to the best interest of the operations of the bike room storage facility or its use by other members. Landlord may terminate membership orally with subsequent written notification to the last known employer of Member. Upon notification of termination or suspension, Member’s access card will be de-activated.

PARKING DECK INFORMATION AND RULES:

THE UNDERSIGNED FURTHER ACKNOWLEDGES THAT HE/SHE HAS CAREFULLY READ THIS AGREEMENT AND UNDERSTANDS THAT, UNDER THIS AGREEMENT, THE UNDERSIGNED HAS WAIVED AND /OR RELINQUISHED ANY RIGHT TO MAKE ANY CLAIM AGAINST TRYON INVESTORS, LLC, SPECTRUM PROPERTIES MANAGEMENT COMPANY, INC. OR ANY PARTY FOR WHOSE CONDUCT VANTAGE SOUTH END MIGHT OTHERWISE BE RESPONSIBLE AND WHICH HAVE ARISEN OUT OF THE USE OF THE BIKE ROOM STORAGE FACILITY BY THE UNDERSIGNED.