JBG/Residential Management, L.L.C. and JBG/Mark Center, L.L.C.

MEMBERSHIP APPLICATION Mark Center Advantage Card/Shuttle Bus Pass/Swimming Pool Pass 2012
BASIC INFORMATION: Date: __________________________________ Name of Applicant: Last First M.I. DOB:______________ Name of Applicant: _________________________________________________ Last First M.I. Name of Applicant: ________________________________________________ Last First M.I. Name of Applicant: ________________________________________________ Last First M.I. Resident Address: DOB: ______________

DOB: _____________

DOB: _____________

Telephone:

Children / Dependents List all dependents currently on your lease agreement. Please note that children one (1) years old and under are not required to have a card.
____________________________________________Male/Female_____________ ____________________________________________Male/Female_____________ ____________________________________________Male/Female_____________ (Print) Date of Birth: ________________________ ________________________ ________________________

Signature of Applicant (or legal guardian)

Signature of Applicant (or legal guardian)

Signature of Applicant (or legal guardian) _____________________________________________

MEMBERSHIP AGREEMENT
In consideration of being permitted to utilize the exercise room facilities, game room, TV lounge, business center, shuttle buses, garden plots, swimming pools and tennis courts located at the Pavilion Mark Center located at 5708 Merton Court, Alexandria, VA, 22311 (the Mark Center Facilities), additional Mark Center swimming pools and affiliated facilities at the Mark Center (the Pool Facilities) located at 5534 Ascot Court, and 5400 Richenbacher Avenue and in consideration of issuance of the Mark Center Advantage Card/Shuttle Bus Pass/Swimming Pool Pass, the undersigned, hereby agree, as follows: 1. 2. 3. If more than one person signs this Membership Agreement as Member, the term I refers to each such person and to all such persons collectively. The agreements, releases and covenants by each Member in this Agreement are made on behalf of each such Member, and that Members personal representatives, assigns, heirs and next of kin. I certify that I reside at an apartment home within JBG/Residential Management L.L.C. at a Mark Center Community and I hereby accept and agree to abide by all rules and regulations (as now in effect or as such rules may be hereafter from time to time modified by the owner) governing the operation of the Pavilion at Mark Center Facilities and all other recreation amenities and facilities offered by JBG/Residential Management L.L.C. (the Pavilion at Mark Center Facilities Rules and Regulations to include Swimming Pool Rules and Regulations), which the Pavilion at Mark Center Facilities and Swimming Pool Rules and Regulations are available at the Pavilion at Mark Center and will be provided to you upon issuing the Mark Center Advantage Club Cards, Shuttle Bus Passes & Pool Passes at the Pavilion at Mark Center Office. I agree that any violation of the Pavilion at Mark Center Facilities and Swimming Pool Rules and Regulations by me or my Guest will give the Pavilion at Mark Center the right to immediately expel me and such Guest from the Pavilion at Mark Center or Mark Center Pool Facilities and to terminate this Membership Agreement, in the sole and absolute discretion of the Pavilion at Mark Center. I agree to pay the Membership Fee set forth in the Membership Application above. The first such payment is due upon submission of this Membership Application and Membership Agreement. The Membership Fee is payable in advance, on the first day of each month during the dates of membership, without setoff, deduction or demand and is non-refundable. The Membership Fee shall be subject to increase by the Pavilion at Mark Center from time to time. This Membership Agreement shall constitute a binding license agreement between The Pavilion at Mark Center and me and be for the dates listed above, unless sooner terminated as provided herein. The term may be extended on a month-to-month basis in the sole discretion of the Pavilion at Mark Center by accepting and depositing monthly fees. AGREED: ________________________________ (must be signed by the Member). I acknowledge the Pavilion at Mark Center Facilities currently consist of a fitness room, business center, TV lounge, game room, shuttle buses, garden plots, tennis courts. The Pool Facilities consist of the 3 swimming pools, showering facilities, and locker rooms. The party rooms in the Pavilion at Mark Center may be licensed by Members, subject to availability on a first come, first serve basis, pursuant to a separate written agreement with the Pavilion at Mark Center. No use of the party rooms shall be permitted without coordinating in advance with the Pavilion at Mark Center.

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I agree that my membership will be terminated immediately by the Pavilion at Mark Center without further notice (any such notice is hereby expressly waived) for any of the following: delinquency of payments of either the Membership Fee hereunder, or, if I am a tenant of HILLWOOD/STONERIDGE/BROOKDALE/MEADOWCREEK/WILLOW RUN/LYNBROOK (Please circle the property that applies to your residence), the rent under my apartment lease exceeding five (5) days; my conduct and the conduct of any Guest of mine which, in the sole and absolute discretion of the Pavilion at Mark Center, is prejudicial to the welfare, good order and character of the Pavilion at Mark Center to include the swimming pool facilities; or any violation of this Membership Agreement, or any provision of the Pavilion at Mark Center Facilities Rules and Regulations or Pool Facilities Rules and Regulations. If I am so terminated, I agree that I am not entitled to any refund. Only members of the Pavilion at Mark Center Facilities (Members) and their invited guests (Guests) may use the Pavilion at Mark Center and Mark Center Swimming Pool Facilities. No Guest shall use the Pavilion at Mark Center or Mark Center Swimming Pool Facilities without being accompanied at all times by the Member who invited him/her. ALL GUESTS WILL BE REQUIRED TO SIGN A GUEST WAIVER, RELEASE AND INDEMNITY PROVIDED BY THE PAVILION AT MARK CENTER PRIOR TO ENTERING THE PAVILION AT MARK CENTER OR MARK CENTER SWIMMING POOL FACILITIES. _______________ INITIALS OF MEMBER. SECTION. I HAVE READ AND UNDERSTAND THIS

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I recognize that the use of the Pavilion at Mark Center and Mark Center Swimming Pool Facilities are inherently dangerous and can result in communicable diseases, serious bodily injury, paralysis or death, even when those facilities are properly used. With such knowledge, I: a. Assume the risk of any accident, bodily injury or death, damage or loss of property, that I may sustain while using, or present in or about, the Pavilion at Mark Center Facilities and the Pool Facilities; and I RELEASE, DISCHARGE, AND COVENANT NOT TO SUE The Pavilion at Mark Center, its owners, any other owners of the Pavilion at Mark Center Facilities, any other owners of the Mark Center Swimming Pool Facilities, US Aquatics, The JBG Companies, and JBG Residential Management, L.L.C., and all of their respective officers, employees, agents, members, management and contractors (the Released Parties) for any liability to me for any and all claims, demands, liabilities, obligations, loss or damage on account of any injury, death, damage or loss, at any time now or in the future, which I may sustain or incur arising from this Membership Agreement, or related to the use of the Pavilion at Mark Center Facilities, or while I am in or about the Pavilion at Mark Center Facilities, the Swimming Pool Facilities, or while I am in or about the Swimming Pool Facilities from any cause whatsoever, even if caused by the negligence of the Released Parties (excepting only gross negligence or intentional misconduct of the Released Parties); and I RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Released Parties for any liability to me, for any and all claims, demands, liabilities, obligations, loss or damage on account of any injury, death, damage or loss at any time now or in the future, sustained or incurred by any children or persons in the custody of me in connection with the use of any the Pavilion at Mark Center Facilities, or while he, she or they are in or about the Pavilion at Mark Center Facilities, or with the use of any of the Mark Center Swimming Pool Facilities, or while he, she, they are in or about any the Mark Center Swimming Pool Facilities from any cause whatsoever, even if caused by the negligence of the Released Parties (excepting only gross negligence or intentional misconduct of the Released Parties) (individually and collectively, inclusive of the items in (b) above, the Released Matters).

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The foregoing Releases, Discharges and Covenants are specifically intended to release and discharge, in advance, the Released Parties, from any and all released claims. The foregoing Releases, Discharges and Covenants are also made by me on behalf of the personal representatives, assigns, heirs and next of kin of me and of the said children or persons in my custody. If more than one person signs this Membership Agreement, the term I in this Section refers to each such person and to all such persons collectively.

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I AGREE TO INDEMNIFY, DEFEND (WITH COUNSEL SELECTED BY THE RELEASED PARTIES) AND SAVE AND HOLD HARMLESS the Released Parties from all claims, demands, liabilities, obligations, losses, damages, costs or expenses, including, but not limited to attorneys fees, which they may incur related to any Released Matters. BY SIGNING BELOW, IT IS MY INTENTION TO EXPRESSLY ASSUME ALL RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE UPON MYSELF, TO THE EXCLUSION OF THE RELEASED PARTIES, AND TO EXEMPT AND RELIEVE THE RELEASED PARTIES FROM LIABILITY FOR BODILY INJURY, DEATH, OR PROPERTY DAMAGE (EXCEPTING ONLY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE RELEASED PARTIES). I expressly agree that the foregoing release, discharge, covenant not to sue, and indemnity agreements are intended to be as broad and inclusive as is permitted by the laws of the Commonwealth of Virginia. I will check with my physician prior to participating in any physical activity. I understand that, the lifeguards are not the insurers of the safety of any person using the pool. Each user is responsible for his or her safety. I understand The JBG Companies reserves the right to limit the use of the Pavilion at Mark Center and Mark Center Swimming Pool Facilities or close the Pavilion at Mark Center Facilities, or any of the Mark Center Swimming Pool Facilities for renovations, repairs, or for any other reason, including ceasing its continued operation, without any liability to me. I understand that my use of the Pavilion at Mark Center is strictly limited to the Pavilion at Mark Center and Mark Center Swimming Pool Facilities. This pass does not include use of the party rooms in the Pavilion at Mark Center. I understand my pass is limited to use of the Pavilion at Mark Center and Swimming Pool Facilities at The Mark Center only I understand that there are limitations on childrens use of the Exercise Room Facilities at the Pavilion at Mark Center. Children ages 14 through 17 may use said facility only after they have filed a completed Exercise Room Minor Release Form with the Pavilion at Mark Center office. I understand that children under fourteen years old (14 years) must be accompanied by an adult member to the Swimming Pool Facilities. Adult members are required to stay at the Swimming Pool Facilities with all underage members for the entirety of the visit. Children one years old (1 year) and under are not required to have a membership card or a valid guest pass. Guest fees are $5 per person per visit.

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I understand that all the membership cards assigned to me are strictly to be used by the individual whose name appears on the Mark Center Advantage/Shuttle Bus/Swimming Pool Pass. I also understand that I must bring my 2012 Mark Center Advantage Card/Shuttle Bus/Swimming Pool Pass with me at all times in order to use any of the facilities. Unauthorized transfer of the Mark Center Advantage Card/Shuttle Bus/Swimming Pool Pass will result in automatic suspension of privileges. All cards will be issued by the Pavilion at Mark Center office with a valid photo identification card. Replacement of lost or damaged cards will be charged a fee of $150.00, and can be acquired at the Pavilion at Mark Center Office, fees may be paid by personal check and/or money orders only. I further agree that in the event I vacate my apartment at the Mark Center, I will return all Mark Center Advantage Card/Shuttle Bus/Swimming Pool Passes issued on the basis of this application and Membership Agreement to the appropriate Management Office at the time of vacating the apartment. Failure to do so may result in a charge assessed against your security deposit. I agree that the shuttle bus will operate pursuant to the shuttle bus policies. A copy of the shuttle bus services and its policies will be given to you at the time you receive your cards at the Pavilion at Mark Center Office. I agree that at all times that I utilize the business center located at the Pavilion at Mark Center, I will abide by the Business Center Rules and Regulations provided by the Pavilion at Mark Center. The Pavilion at Mark Center, the Mark Center Pool Facilities and Released Parties shall not be responsible to Members or Guests for articles lost or stolen in the Pavilion at Mark Center or Mark Center Swimming Pool Facilities, or for loss or damages to any property. Membership will not confer upon the Member or carry with it any interest in the property or assets of the Pavilion at Mark Center or Mark Center Swimming Pool Facilities. I am not purchasing an equity interest in the Pavilion at Mark Center or Mark Center Swimming Pool Facilities, but rather a license to use the Pavilion at Mark Center and Mark Center Swimming Pool Facilities. All memberships are non-transferable, non-assignable and non-refundable except as expressly provided in this Membership Agreement. This Membership Agreement may be modified only by an instrument in writing, signed by the Member and a duly authorized representative of the owner of the Pavilion at Mark Center and of the owners of the Mark Center Swimming Pool Facilities. Any agreements with the Member which are not set forth in this Membership Agreement, or in a written amendment as aforesaid, shall not be valid and any oral agreements or oral changes to this Agreement shall not be valid. You may park your vehicle anywhere on Merton Court during your visits to the Pavilion at Mark Center and/or the Swimming Pool Facility located within. I have read this Membership Agreement, understand it, and sign it voluntarily.

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IN WITNESS WHEREOF, this Membership Agreement for use of the Pavilion at Mark Center Facilities and the Pool Facilities at the Pavilion at Mark Center, Mark Center Pool at MeadowCreek and Willow Run pools is executed under seal as of the ______________ day of ___________________________, 2012.
Members: 1. _______________________________________ Signature of Leaseholder 2. Signature of Leaseholder, if applicable 3. ___________________________________________ Signature of Leaseholder, if applicable __________________________________________ Signature of Leaseholder, if applicable __________________________________________ Signature of Leaseholder, if applicable __________________________________________ Signature of Leaseholder, is applicable Printed Name ______________________________________________ Printed Name _____________________________________________ Printed Name ______________________________________________ Printed Name ______________________________________________ Printed Name

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Printed Name

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FOR COMPLETION BY THE PAVILION AT MARK CENTER: Membership Fee: Replacement Fee of Membership Card: Membership Card Valid from_____________________ to $0 $150 1/31/2013

_______________________________________ Numbers of Cards to Be Issued _______________________________________ Date Cards Issued _______________________________________ Signature of Leaseholder

__________________________________________ Approved by the Pavilion at Mark Center __________________________________________ Number of Cards Received __________________________________________ Signature of the Pavilion at Mark Center