Release and Waiver of Liability, Assumption of the Risk, and Indemnity Agreement to Participate in Training Classes
This Release and Waiver of Liability, Assumption of the Risk, and Indemnity Agreement to Participate in Training Classes (hereinafter “Agreement”) is between the following: you (and your children, if accompanying you), the participant(s); and emBARK, LLC, its owners, officers, employees, representatives, agents, volunteers, parents, affiliates, related companies, and all other persons or entities acting in any capacity on its behalf (hereinafter “emBARK”).
In exchange for your right (and your child’s right) to attend training classes at emBARK, you agree and represent as follows:
- I UNDERSTAND THE NATURE OF THE ACTIVITY. By participating in training classes at emBARK, I understand that I (and/or my dog) may be exposed to certain risks, including, but not limited to, serious bodily injury, including permanent disability, paralysis, severe disfigurement and death, which may be caused by my own actions or inactions, those of other participants, aggressive and/or vicious behavior of my dog or other dogs, the conditions in which the activities take place, or the negligence of emBARK; and that there may be other risks either known to me or not readily foreseeable at this time. Specifically, I understand that the participants and dogs attending said classes are attending for the purpose of being trained, and as such, there is no expectation that other participants or dogs will behave with any specialized training or obedience skills in said atmosphere. I further understand that most training classes involve minimal off-leash training time. I acknowledge that if I believe the activity conditions are unsafe, I will immediately discontinue participation of said activity.
- I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY for losses, costs, and damages I incur as a result of my participation in training classes at emBARK. I certify that I have adequate insurance to cover any injury or damage that I, or my dog, may cause or suffer while participating in training classes at emBARK.
- I HEREBY RELEASE, DISCHARGE AND PROMISE NOT TO SUE emBARK from all liability, claims, demands, losses, or damages that I or my dog suffer, which are caused, or alleged to be caused, in whole or in part, by the negligence of emBARK.
- I WILL INDEMNIFY, SAVE AND HOLD HARMLESS emBARK from any loss, liability, damage, or cost which I may incur, if, despite this release and waiver of liability, and assumption of risk, I, or anyone on my behalf, makes a claim against emBARK.
- I HAVE READ THIS RELEASE AND WAVIER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, UNDERSTAND THESE TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT. I further agree that I have signed this Agreement freely and without any inducement or assurance of any nature. I understand that, in reliance upon my signature on this form, voluntarily given, I may be permitted to participate in the activities as noted above. I intend it be a complete and unconditional release of all liability to the fullest extent allowed by law. If any portion of this Agreement is held to be invalid, the balance shall continue in full force and effect.
DO NOT SIGN this Release and Waiver form unless you fully understand and accept the terms as stated above. Should you wish for emBARK to consider different terms for this Release and Waiver, please contact emBARK immediately, or note them below or on the reverse side of this form and submit the unsigned form for emBARK’s review and consideration. If emBARK accepts or desires to counter the term(s) proposed by you, it will contact you to discuss the matter further.
