KINGSTOWNE
RESIDENTIAL OWNERS CORPORATION
POLICY RESOLUTION NO. 15
FITNESS CENTER USAGE
WHEREAS, Article III, Section 3(b) of the Declaration of Covenants, Conditions and restrictions of the Kingstowne Residential Owners Corporation states that "the Board of Trustees shall have all powers for the conduct of the affairs of the Residential Corporation which are provided by law or the Founding Documents and which are not specifically reserved to Members or the Declarant in the Founding Documents;" and
WHEREAS, Article VI, Sections 9(c) and (d) of the Bylaws of the Kingstowne Residential Owners Corporation stipulate that it shall be the duty of the Board to:
"Adopt and follow procedures for adoption and publication of Board Resolutions to be included in the book of Regulations, including the provision for hearing and notice to Members..." and
"Adopt and publish rules and regulations including fees, if any, governing the use of the common area and facilities and the personal conduct of the Members and their guests thereon and include these in the Book of Regulations."
And NOW THEREFORE, BE IT RESOLVED THAT the following Rules and Regulations for use of the fitness center be adopted:
1. All Owners (or their designated tenants), are entitled to use the fitness center. This privilege may be suspended by the Board of Trustees for Owners who are delinquent in their assessment payments for two (2) months in accordance with Administrative Resolution No. 1. Single Family, Condominium, and Town Home owners who lease their unit must designate, in writing, those tenants living in the unit who are entitled to use the community facilities. Only tenants of record (listed on the lease) may be designated. A Single Family, Condominium or Town Home owner who leases his unit is not entitled to the use of these community facilities, if the right of use is assigned to a tenant. Tenants living in multi-family rental units must provide evidence of a current valid lease in order to use the fitness center.
2. A facilities pass will be issued to all owners, members of their families residing in the unit, or to the designated tenants of owners. Only those persons with a valid facilities pass shall be entitled to use the fitness center and other community facilities. Facilities passes will be issued or validated on an annual basis.
Facilities passes are the property of the Corporation and are for the exclusive use of members of the Kingstowne Residential Owners Corporation or their designees. The passes are not transferable and may be suspended by the Board of Trustees for violations of the Corporation's founding documents or rules and regulations.
3. Guests must be escorted by a resident with a valid facilities pass who is eighteen years of age or older. Guests will not be admitted to fitness center without such escort. The conduct of guests is the responsibility of the escort.
4. Situations and issues not specifically covered by these rules and regulations may be addressed by the Board of Trustees within their discretion. The Board of Trustees is empowered to amend, add, or delete rules as it deems appropriate for the benefit of the general membership.
II. RULES FOR USE OF THE FITNESS CENTER
1. The Corporation is represented by the managers and guards, who have been instructed in the rules of the fitness center. Any conflicts shall be addressed with the manager, or Kingstowne Business Office staff, who will bring the issue to the Board of Trustees if it cannot be satisfactorily resolved.
2. Safety is of primary concern to the Corporation and its members. All persons using the fitness center do so at their own risk and agree to abide by the rules for use of the facility. The Corporation, its Trustees, agents and employees assume no responsibility for any accident or injury incurred in connection with the use of the fitness center or for any loss or damage to personal property. Residents (home owners and tenants) are responsible for the actions of their children and guests.
3. Children under the age of thirteen years (13) are not permitted in the fitness center. Children thirteen (13) to sixteen (16) are not permitted unless accompanied by an adult twenty-one (21) years of age or older.
4. No person shall use the fitness center unless the center is officially open. Unauthorized persons entering the fitness center when the center is closed will lose their privileges for the remainder of the year and risk prosecution for trespassing.
5. Intoxicated persons will not be allowed in the fitness center at any time.
6. Appropriate attire for the fitness center: shorts or warm-up suits, shirts, tights/leotards and appropriate athletic footwear must be worn. Bathing suits and bare feet are prohibited.
7. All refuse must be placed in containers provided for this purpose. Keeping the facility clean is everyone's responsibility.
8. Radios are not permitted in the fitness center. The only exception to this rule is "walkman" type radios with earphones played at a volume that does not disturb others.
9. Each user is requested to wipe off the equipment after each use. Cleaning supplies are provided in the weight room.
10. Maximum number of people in the weight room section of the fitness center at any given time is 25.
11. While users are waiting, the time limit on each piece of equipment is 30 minutes.
III. PERSONAL TRAINER POLICY
1. Residents are entitled to bring a Personal Trainer to the Fitness Facilities for the purpose of providing the Resident with personal training services, provided that the Resident complies with either of the two following requirements:
2. The Resident’s Personal Trainer must enter into an employment agreement with WTS International. The employment agreement shall provide that the personal trainer shall be an employee of WTS International for the purpose of providing personal training services in the Fitness Facilities; or
- The Resident must complete a Request to Use a Personal Trainer Form, a copy of which is attached to this Policy, that includes the following information and documentation:
- The name of the Resident;
- The name, address, phone number and business information for the Personal Trainer;
- The Personal Trainer’s certifications and licenses;
- The Resident must submit copies of the Personal Trainer’s professional liability insurance policy ($1,000,000 per occurrence with $10,000,000 umbrella);
- The Resident must agree to indemnify and hold harmless the Corporation and WTS International against any liabilities, damages or causes of action arising out of their use of the Fitness Facilities while receiving personal training from the Personal Trainer; and
- The Resident must provide with their application a Personal Trainer Agreement, a copy of which is attached, completed and signed by the Personal Trainer.
3. Personal Trainers are prohibited from providing any services in the Fitness Facilities unless the Resident has submitted a complete application that satisfies the criteria set forth in Paragraph 2.
4. A Personal Trainer is prohibited from providing personal training services to more than two individuals in the Fitness Facilities in any single month. Personal Trainers are prohibited from advertising their services within the Fitness Facilities. These prohibitions shall not apply to any Personal Trainer that is employed by WTS International and any Personal Trainer that is employed by WTS International shall not be required to provide a fully executed Personal Trainer Agreement.
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