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I hereby register voluntarily to engage in exercise and fitness activities and to use the exercise equipment, fitness areas and related locker and outdoor facilities at the Fitness Center (the “Fitness Center”), which is operated by FPG TEXAS MANAGEMENT, LP (“Operator”) and is located within the building commonly known as Chase Tower and located at 2200 Ross Avenue, Dallas, Texas 75201 owned by FPG CT OWNER, LP, a Delaware limited partnership (“Owner”). ASSUMPTION OF RISK: I know, understand and appreciate the risks of entry upon and use of the Fitness Center’s facilities and equipment, including, but not limited to, loss or damage to personal property and serious, catastrophic or fatal personal injuries. I declare myself to be physically sound and suYering from no condition, impairment, disease, infirmity or other illness that would prevent my use of the Fitness Center’s facilities and equipment. I acknowledge that I have either: (i) had a recent physical examination and have been given by my physician permission to use the Fitness Center’s facilities and equipment; or (ii) decided to use the Fitness Center’s facilities and equipment without approval of a physician and without regard to the possible consequences of such decision. I acknowledge and confirm that no supervisory personnel, staY, medical personnel, fitness trainers or other employees of Owner or Operator will be present when I use the Fitness Center’s facilities and equipment, and I hereby expressly assume all risk of use, including, without limitation, that I may suYer personal bodily or mental injury or death, economic loss or other damage. I acknowledge and agree that I am solely responsible for my safe and responsible entry upon and use of the Fitness Center’s facilities and equipment. RELEASE AND WAIVER: In consideration for being permitted to enter upon and use the Fitness Center’s facilities and equipment, on behalf of myself and my spouse, children, unborn children, heirs, representatives, guardians, successors and assigns, I HEREBY AGREE NOT TO SUE AND FOREVER RELEASE AND DISCHARGE, AND WAIVE ANY CLAIM THAT I MIGHT HAVE OR MAKE AGAINST, OWNER AND OPERATOR, AND EACH OF THEIR RESPECTIVE TRUSTEES, AFFILIATES AND AFFILIATED ENTITIES, SUBSIDIARIES, PRINCIPALS, PARTNERS, MEMBERS, CONSTITUENTS, INVESTORS, DIRECTORS, OFFICERS, SHAREHOLDERS, MORTGAGEE(S), LENDERS, EMPLOYEES, CONTRACTORS, AGENTS, PROPERTY MANAGERS (INCLUDING, WITHOUT LIMITATION, THE OPERATOR TROPHY FITNESS DOWNTOWN, LP), SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “FITNESS CENTER PARTIES”) FROM OR FOR ANY AND ALL CLAIMS, CAUSES OF ACTION OR LIABILITY FOR ANY ILLNESS, INJURY, DEATH, THEFT, LOSS, LOSS OF USE OR DAMAGE TO PERSONAL PROPERTY, OR INCONVENIENCE IN CONNECTION WITH, ARISING OUT OF OR RELATING TO MY ENTRY UPON OR USE OF THE FITNESS CENTER’S FACILITIES OR EQUIPMENT, WHETHER OR NOT THE SAME ARISES OUT OF OR RESULTS FROM ANY ACT, OMISSION OR CONDUCT OF ANY OF THE FITNESS CENTER PARTIES, WHETHER NEGLIGENT OR OTHERWISE. THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, ALL INJURIES WHICH MAY OCCUR, REGARDLESS OF NEGLIGENCE, AS A RESULT OF: (a) YOUR USE OF ALL AMENITIES AND EQUIPMENT IN THE FACILITY AND YOUR PARTICIPATION IN ANY ACTIVITY, CLASS, PROGRAM, PERSONAL TRAINING OR INSTRUCTION; (b) THE SUDDEN AND UNFORESEEN MALFUNCTIONING OF ANY EQUIPMENT; (c) ANY INSTRUCTION, TRAINING, SUPERVISION, OR DIETARY RECOMMENDATIONS; OR (d) YOUR SLIPPING AND/OR FALLING WHILE IN THE FITNESS CENTER, OR ON THE FITNESS CENTER PREMISES, INCLUDING ADJACENT SIDEWALKS AND PARKING AREAS. THIS ALSO INCLUDES ANY NEGLIGENCE ASSOCIATED WITH THE PRESENCE OF OR TRANSMISSION OF ANY BACTERIA, VIRUSES, OR INFECTIOUS DISEASES. INDEMNITY: In addition, on behalf of myself and my spouse, children, unborn children, heirs, representatives, guardians, successors and assigns, I agree to give up all of my legal rights to file any lawsuit or to recover any money damages against the Fitness Center Parties for, and agree to hold harmless, indemnify and defend the Fitness Center Parties from, all claims, demands, damages, causes of action and liability for any loss, damage or injury to person or property in connection with, arising from or relating to my entry upon and use of the Fitness Center’s facilities or equipment, including, without limitation, attorneys’ fees, expenses, costs and all consequential and special damages, WHETHER OR NOT RESULTING FROM ANY ACT, OMISSION OR CONDUCT OF ANY OF THE FITNESS CENTER PARTIES, NEGLIGENT OR OTHERWISE. THE RELEASE, WAIVER AND INDEMNITY PROVIDED ABOVE ARE INTENDED TO RELEASE AND INDEMNIFY FITNESS CENTER PARTIES AGAINST THE CONSEQUENCES OF A FITNESS CENTER PARTY’S OWN NEGLIGENCE OR FAULT, EVEN WHEN A FITNESS CENTER PARTY IS SOLELY, JOINTLY, COMPARATIVELY, CONTRIBUTIVELY, OR CONCURRENTLY NEGLIGENT. NON-WAIVER/SEVERABILITY: I understand that the failure of Owner or Operator to enforce any of the Rules or Regulations of the Fitness Center (as may be modified by Owner or Operator from time to time) or any of its rights under this Release shall not be deemed or construed to be a waiver by Owner or Operator of its rights thereafter to insist upon compliance by myself and other users of the Fitness Center with all the Rules and Regulations of the Fitness Center. If any term or provision of this Release shall be invalid or unenforceable, then such term or provision shall be automatically reformed to the extent necessary to render such term or provision enforceable and the remainder of this Release shall not be aYected, and each remaining and reformed provision of this Release shall be valid and enforced to the fullest extent permitted by law. I hereby acknowledge that I have carefully read the above paragraphs and that I fully understand the terms, conditions, significance and consequences of this Release; and that I have executed this Release knowingly and voluntarily of my own free will and intend for my signature to be a complete and unconditional release of the Fitness Center Parties of and from all liability to the greatest extent allowed by law.(Required)

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