General Waiver 2019

 

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. BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

TO: Dogzies Pet Services Inc. dba Dogzies Canine School of Excellence©, and its respective directors, officers, employees, members, agents, officials, organizers, volunteers, assigns and any other representatives (collectively referred to as “Dogzies”);

IN CONSIDERATION of Dogzies 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 treadmill training, and participation in Touchless Training© and/or RuDogFit?© Fitness (collectively, the “Activities”), the undersigned releaser agrees as follows:

1. I agree to abide by any rules and regulations as established by Dogzies during my and/or my dog’s participation in the Activities, and I agree to act responsibly with a view to preserving my own and my dog’s safety and the safety of other participants (including 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 Dogzies prior to allowing me and/or my dog to participate in any Activities.

2. Dogzies has encouraged me to wear appropriate clothing, including footwear, for the Activities, at my own discretion, knowing that the Activities may occur outdoors in any season, and subject to various weather conditions. I am responsible for ensuring my dog is appropriately attired, as necessary.

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

4. I acknowledge that the Activities involve various risks to both myself and/or my dog, dangers and hazards inherent with physical activity and activities involving dogs, including being around dogs that may be difficult to control or aggressive, despite being handled with care by Dogzies, and which may result in injuries to myself or my dog as caused by my dog or any other dog(s), and I further acknowledge that in addition to these inherent risks, the Activities involve certain additional dangers and hazards, which may include, without limitation: physical exertion and fatigue for which I or my dog may not be prepared; weather extremes, including sudden and unexpected changes; slippery conditions; confrontations with wildlife; spread of canine illnesses or diseases, including parasites; equipment malfunction or failure; delay or inability for rescue or medical treatment in a timely manner; and hazards associated with water or road transportation (collectively, the “Risks”). I further understand that the Activities are potentially hazardous to me and/or my dog, and I should not participate unless my dog and I are medically able and properly trained.

 

5. 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.

6. 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 Dogzies and during my and/or my dog’s participation in any Activities.

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

8. I acknowledge that the enjoyment of my and 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 Dogzies.

9. I hereby waive, release and forever discharge Dogzies from, and agree not to sue Dogzies 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 or incur, or allege to suffer or incur, arising in any way out of my participation in the Activities due to any cause whatsoever, including without limitation, 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 Dogzies.

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

11. I grant full permission to Dogzies 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 participation in the Activities, of me or my dog, for any legitimate purpose as determined by Dogzies, without any compensation to me. I further authorize Dogzies to collect and use personal information about me for the purpose of receiving communications from Dogzies and posting articles of interest, newsletters, promotions, statistics, images and results on the Dogzies’ website and other social media. This consent is provided in compliance with the Personal Information Protection Act and the Canadian Anti-Spam Legislation. I understand that I may withdraw such consent at any time by contacting Dogzies directly.

12. 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 Dogzies facilities. Further, I hereby release and forever discharge Dogzies 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.

13. 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. This Agreement and its application and interpretation will be governed exclusively by the laws of British Columbia applicable and the parties agree to the jurisdiction of the courts of the Province of British Columbia.

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I CONFIRM THAT I AM AT AN AGE OF LEGAL CONSENT, I HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT BEFORE SIGNING IT AND BY SIGNING THIS AGREEMENT I AM GIVING UP CERTAIN LEGAL RIGHTS THAT I OR MY LEGAL REPRESENTATIVES MAY HAVE AGAINST DOGZIES.

 

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