July 28, 2015

Liability Waiver

This is our liability waiver. You’ll sign this when you enroll online. Or, if you enroll by phone or in person we’ll ask you to sign this at the Front Desk. The copy is provided here for your reference. We require a signed waiver for all adults (18 and over) who will participate in training at What a Great Dog!


AGREEMENT BETWEEN CUSTOMER AND WHAT A GREAT DOG! LLC

This Agreement (hereinafter “Agreement”) is effective by and between Customer (“Customer”) and What a Great Dog! LLC (“Company”). As used in this Agreement, “Customer” includes any person or minors in the person’s care who enters the premises of the Company and includes the undersigned and all minors in the Customer’s care while on the premises of WHAT A GREAT DOG! LLC.

For and in partial consideration for the products and services that Company shall provide to Customer and for Customer’s privilege to participate in the Activities, as that term is hereinafter defined, the Customer agrees to each and every provision set forth herein.

CUSTOMER RESPONSIBILITIES:

In consideration for Company’s services and use of Company’s facilities, Customer agrees to abide by the terms and conditions of this Agreement. To better provide for the safety of Trainer, Customer, Company Employees and Independent Contractors, and the dogs,

  • Customer agrees to at all times behave safely and responsibly.
  • Customer agrees to NOT bring a dog onto the Customer premises if Customer reasonably believes the dog might cause injury to other dogs or to humans.
  • Customer agrees to NOT act negligently in the handling or keeping of any dog brought onto Customer premises.
  • Customer agrees to NOT bring a dog with a known propensity to act viciously onto Customer premises, whether the Customer has actual or constructive knowledge of the danger presented by the dog.
  • Customer acknowledges and understands that animals, including domesticated animals such as dogs, may act unpredictably and that heightened care by the Customer is therefore required to ensure the safety all participants in Company’s services, and that the limits and potential serious hazards inherent in dog training, in both group and individual training environments, exist with or without the supervision and assistance of Company.
  • Accordingly, Customer agrees that all persons attending Company’s services will follow Company’s instructions and conform with all rules (whether written or verbal) provided by Company before, during, and after classes or sessions.
  • Customer shall immediately make Company aware of any injuries to any persons or animals that Customer observes before, during, or after any training class or session. If any animal(s) owned by Customer (or under Customer’s control) threatens harm to any person or animal, Customer must take immediate action to minimize the harm presented by any such animal(s), and shall refrain from interacting with any animal that is not under Customer’s care unless specifically authorized by the Company.
  • Customer agrees to maintain an appropriate vaccination regime for Customer’s dog as specified by a veterinarian of Customer’s choice.
  • Customer agrees that minors under the age of 12 may only participate in any of Company’s services with the direct, simultaneous, and continuous participation of Customer and that all such participation is undertaken at Customer’s sole risk. If Customer elects for any minor to participate in Company’s services, Customer understands and agrees that Company does not accept custody of any minor, and has no duty of control or reasonable discipline of any minor for any purpose whatsoever, except that Company is authorized to consent to provision of medical treatment of the minor in an emergency, and shall have control of the minor for that sole limited purpose of providing such consent if no parent or other authorized adult is available.

WAIVER, RELEASE, INDEMNITY, and HOLD HARMLESS:

By signing below, Customer warrants that he/she has read, understands, and voluntarily agrees that he/she and any minors in Customer’s care shall be bound to the following terms:

“I fully understand that by entering the premises of Company, or by my participation in dog training activities, and my proximity to dogs and other customers on Company premises or elsewhere (hereinafter “Activities”), could at any time expose me to the risk of property damage, personal injury, or even death. I hereby agree that this Agreement serves to warn me of all risks presented by the Activities and I assume the risks presented therewith. In consideration for being permitted to enter the premises or participate in the Activities and for all benefits associated therewith, I hereby agree to release and discharge any and all claims, demands, causes of action, or other proceedings against the Company, including any of Company’s officers, agents, employees, or other persons that Company has authorized to provide services on the Company’s premises (collectively “RELEASED PARTIES”) for any injury, death, or damage to or loss of personal property arising out of or in connection with participation in the Activities, from any cause whatsoever. As a condition of this Agreement, I further agree to DEFEND, INDEMNIFY, and HOLD HARMLESS, all RELEASED PARTIES from and against any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense–including but not limited to attorney fees and expenses incurred in enforcing this provision–arising from, growing out of, associated with, or in connection with the Activities, directly or indirectly, and relating in any way to: the Customer’s dog(s); the RELEASED PARTIES’ dog(s); any other person, dog or animal; and/or any negligence, wrongful conduct, or failure to follow the instructions of the Trainer, Company Employees or Independent Contractors, and/or any rules referenced by this Agreement by any person participating in the Activities. Further, it is expressly understood that customer’s obligation to indemnify the released parties is intended to indemnify and hold harmless the RELEASED PARTIES for any of the RELEASED PARTIES’ own liability and negligence, including, but not limited to, their comparative, proportionate, and/or joint liability and/or negligence, including liability for gross negligence and strict liability, whether or not that liability or negligence is the sole or concurring cause for the assertion of any and all claims, demands, causes of action, and/or other proceedings. I agree that this provision is intended to be as broad and inclusive as is permitted by Texas law, and that if any portion is held invalid, it is agreed that all other portions shall continue in full legal force and effect. I further consent to Company’s unrestricted use of all photos and videos which may be taken of my participation in the Activities.

DISPUTE RESOLUTION:

 I agree that that any dispute arising out of or relating to this Agreement shall be resolved in accordance with the following procedures, which shall be the sole and exclusive procedures for the resolution of any such disputes.  Both Parties agree that should they bring any type of action arising out of claims under this Agreement, that party will bear all legal fees and costs, including those of the other party and any third party.

Negotiation. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this contract. Any person may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of that party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the initial notice, the executives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All negotiations are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Mediation. If the dispute has not been resolved by negotiation as provided herein within 45 days after delivery of the initial notice of negotiation, or if the parties failed to meet within 30 days after delivery, the parties shall endeavor to settle the dispute by mediation, provided, however, that if one party fails to participate in the negotiation as provided herein, the other party can initiate mediation prior to the expiration of the 45 days. Unless otherwise agreed, the place of arbitration shall be Collin County, Texas.

Arbitration. Any dispute arising out of or relating to this Agreement, including the breach, termination or validity thereof, which has not been resolved by mediation as provided herein within 45 days after initiation of the mediation procedure, shall be finally resolved by arbitration, by a sole arbitrator. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. The place of arbitration shall be Collin County, Texas.

TRAINING SERVICES:

All adults who will be in attendance during Customer’s dog’s training class(es) or session(s) must each agree to and sign a separate Agreement identical to this one on their own behalf and on behalf of any minors who will be attending or participating in any dog training sessions. By signing below, Customer understands and agrees that any and all releases of liability, waivers, and/or indemnifications provided under the terms of the agreement apply to the adult Customer and all minors who are now, or may later be, under Customer’s supervision when Company provides any services. This Agreement applies to all classes or training sessions in which Customer enrolls held by Company and/or Company’s independent contractors.

NO WARRANTIES, EXPRESS OR IMPLIED:

Customer understands the success of dog training depends on many factors outside of the control of Trainer, including but not limited to each unique dog’s abilities and the interest, commitment, and cooperation of the dog owner. Accordingly, Customer acknowledge(s) and agree(s) that What a Great Dog! cannot and will not make any promise, guarantee, or warranty that any dog will achieve any particular level of training. Company disclaims all implied or statutorily created warranties, and the undersigned waives any claim(s) thereto.

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY, REQUIRING ME TO HOLD HARMLESS AND INDEMNIFY THE COMPANY AND ALSO CERTIFY THAT I HAVE SIGNED BELOW OF MY OWN FREE WILL.