LIABILITY WAIVER 

WAIVER OF CLAIMS, RELEASE FROM LIABILITY, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

PLEASE READ THIS DOCUMENT CAREFULLY: THIS IS AN IMPORTANT AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS.

Delighted Pets, Inc., (NY Canine Athletic Club), and its respective directors, officers, employees, members, agents, officials, organizers, volunteers, assigns and any other representatives (collectively referred to as “Delighted Pets”); IN CONSIDERATION of Delighted Pets granting permission to me and/or my dog to use its equipment and engage in certain activities, such activities which include, without limitation: private or group-setting dog training and behavior services, dog daycare services, dog boarding services, dog agility training, and participation in Canine Athletic Club (collectively, the “Activities”), the undersigned releaser agrees as follows:

RULES

I agree to abide by any rules and regulations as established by Delighted Pets during my dog’s participation in the Activities, and I agree to act responsibly with a view to preserving my dog’s safety and the safety of other participants’ dogs. I understand that it is mandatory and is my responsibility that my dog be up-to-date with required vaccinations and anti-parasite treatments, and proof may be requested by Delighted Pets prior to allowing me and/or my dog to participate in any Activities.

I am responsible for ensuring my dog is appropriately attired, as necessary, knowing that the Activities may occur outdoors in any season, and subject to various weather conditions.

TRANSPORT

I acknowledge, understand, and consent to my dog being transported in Delighted Pets’ vehicles, as necessary, and recognize that the Activities may take place at a variety of locations, including Delighted Pets facilities, parks, and/or locations that are near water.

RISKS

I understand and acknowledge that my dog may be the cause of injury or illness to another person or dog, and I will be solely responsible for any costs or expenses resulting from such injury or illness, including without limitation any medical care expenses or veterinary expenses.

I understand and acknowledge that I am solely responsible for any and all veterinary and/or medical costs and expenses that may occur while my dog is in the care of Delighted Pets and during my and/or my dog’s participation in any Activities.

I understand that I assume all risks associated with an unaltered pet and will not hold Delighted Pets responsible for any unplanned breeding or pregnancy.

I understand that I am responsible for all veterinary fees associated with unplanned breeding or pregnancy.

I acknowledge that the enjoyment of my dog’s participation in the Activities is derived, in part from the Risks, and I agree to freely accept and fully assume all risks of personal injury, death or property damage or loss, resulting from any cause whatsoever, including but not limited to, the Risks, active or passive negligence, imprudence, lack of skill, error of judgment, breach of contract, or breach of statutory duty of care on the part of Delighted Pets.

I understand that if I choose for my dog to be crated with a bed, toy, blanket, bone, or towel that doing so may result in choking or ingestion of foreign objects.

I understand and assume all responsibility in the event that I insist upon a bed, toy, blanket, bone, or towel in the crate with my dog that Delighted Pets is not responsible for any damage of property or injury to my pet.

I hereby waive, release and forever discharge Delighted Pets from, and agree not to sue Delighted Pets in respect of, any and all damages, losses, liabilities, claims, costs and expenses (including medical and veterinary fees and legal fees) of any kind whatsoever and howsoever arising (including, without limitation, in respect of death, injury, loss or damage to any person, dog, or property, or any other loss or damage) that I or my heirs or next-of-kin may suffer.

I agree that Delighted Pets may terminate the Activities at its discretion for any reason whatsoever, including without limitation for the protection, safety, and wellbeing of my dog, Delighted Pets staff, and other participants in the Activities.

I agree to save harmless and indemnify Delighted Pets from and against any and all liability for any personal injury, death, property damage or loss to any third party, resulting from my or my dog’s participation in the Activities or in the operation of Delighted Pets.

I agree that I am responsible for all costs of rescue or medical or veterinary attention rendered to my dog or for my benefit or my dog’s benefit, arising from the Activities and I agree to indemnify Delighted Pets from any and all liability in respect of any and all such costs.

MEDIA I grant full permission to Delighted Pets to use my or my dog’s name and/or likeness, and/or any photographs, video clips, motion pictures, recordings, or any other record of my dog’s participation in the Activities, for any legitimate purpose as determined by Delighted Pets, without any compensation to me. I further authorize Delighted Pets to collect and use personal information about me for the purpose of receiving communications from Delighted Pets and posting articles of interest, newsletters, promotions, statistics, images and results on the Delighted Pets website and other social media. I understand that I may withdraw this consent at any time by contacting Delighted Pets directly.

EMERGENCY If I am unable to consent at the time due to injury or illness, or If I am unable to be contacted if my dog has been injured, I hereby consent to the administration of first aid and other emergency medical treatment, including veterinary treatment, for such injury or illness that occurs during participation in any Activities or while at any Delighted Pets facilities. Further, I hereby release and forever discharge Delighted Pets from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment, other medical services, or veterinary costs rendered as contemplated hereunder. This Agreement shall be binding on my heirs, next-of-kin, executors, administrators, assigns and representatives in the event of my death or incapacity. If any provision of this Agreement is held invalid or unenforceable, it will be severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement. This Agreement sets out the entire agreement between the parties regarding the subject matter hereof and may not be amended.

I HAVE READ THIS AGREEMENT AND UNDERSTAND THAT IT IS AN AGREEMENT TO INDEMNIFY DELIGHTED PETS, INC., (NY CANINE ATHLETIC CLUB) AND THE OTHER RELEASED PARTIES AND IT IS A WAIVER AND RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, I WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR MAKE A CLAIM. I AM AWARE THAT THIS AGREEMENT IS A CONTRACT BETWEEN THE DELIGHTED DOG AND ME, AND THAT I CANNOT PARTICIPATE IN DELIGHTED PETS SERVICES UNLESS I SIGN THIS AGREEMENT, WHICH I AM DOING OF MY OWN FREE WILL.