THIS AGREEMENT is entered into by and between Dogcentric Ventures, Inc. a C Corporation organized under the laws of Delaware (DBA "Bark Social"), and the individual(s) whose name(s) is listed below, and who is the Buyer. The "Buyer" and "Bark Social" are hereinafter sometimes referred to, collectively, as the Parties, and each ("Party") of the dog(s) more particularly described as "Buyer's Dog(s)".
RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK:
Buyer understand(s) that Bark Social has created the park for dogs, their owners, and their guests to enjoy together. Buyer understands that the use of this park means that Buyer is assuming certain risks of damage or injury to Buyer, Buyer's guest(s), Buyer's property, Buyer's dog(s) and to others in the park and associated facilities. Buyer expressly acknowledges and recognizes that when dogs are around unfamiliar people and other dogs, there is an inherent risk of accident or injury which may result, and that people, dogs and/or property might be injured or damaged.
In exchange for Buyer using Bark Social and its associated facilities, and as a condition precedent to same, Buyer(s) hereby agree to assume these risks, for Buyer himself/herself, Buyer's guest(s) Buyer's property, and Buyer's dog(s Buyer(s) agrees to stay vigilant regarding the property and regarding Buyer's guest(s), Buyer's property, and Buyers dog(s Buyer(s) agrees that it is solely their responsibility to determine whether the Bark Social property itself and any particular situation involving other members, guests and dogs is safe for Buyer, Buyer's guest(s), Buyer's property, and Buyer's dog(s
In allowing Buyer's dog(s) on the Bark Social property (on or off-leash), Buyer understands and assumes the risks associated with and agrees to accept responsibility for any and all problems or damages that may occur, both foreseen and unforeseen, including by way of example and not by limitation the following:
Ingestion of materials or substrates in an outdoor environment Injuries related to outdoor environments/agility equipment Potential encounters with wildlife including birds, biting or stinging insects or fleas and ticks
Skin allergies/hot spots Torn toenails
Cruciate tears/orthopedic problems Bite wounds or injuries to dogs or humans All other injuries that may be sustained by a dog or human Upper respiratory infections/possible contagious infections
In exchange for the opportunity to use Bark Social property and its associated facilities, and as a condition precedent to same, to the maximum extent permitted by law, Buyer, on behalf of Buyer, Buyer's dog(s) and on behalf of all Buyer's guest(s), and all other guests utilizing Bark Social property including all invitee(s) associate(s) affiliate(s), and agent(s), hereby indemnify, hold harmless, release, discharge, and agree to defend Bark Social, and its officers, directors, members shareholders, representatives, agents, affiliates, subsidiaries, parent companies and employees from any and all liability, claims, demands, causes of action, loss, damage, or injury to any person, dog, and/or property, including any death and serious injury, while being on, or using, Bark Social's property, its amenities and its associated facilities. The indemnification obligations in this paragraph are in addition to and not in lieu of any common law indemnification to which Bark Social may be entitled. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph.
Buyer also agrees to be responsible for and control over Buyer's guest(s), dog(s), invitee(s), associate(s), affiliate(s) and agent(s) and for any liability caused by Buyer and Buyer's guest(s) and/or Buyer's dog(s) while on Bark Social's property, in the use of Bark Social's amenities and its associated facilities. To the maximum extent permitted by law, Buyer agree to indemnify, hold harmless, and defend Bark Social and its officers, directors, shareholders and employees from any and all liability, claims, demands, causes of action, loss, damage, and/or injury to person, dog, and/or property, including any death and serious injury which may be caused by Buyer's self, Buyer's dog(s), guest(s), invitee(s), associate(s), affiliate(s), and/or agent(s) while on the Bark Social's property and its associated facilities. The indemnification obligations in this paragraph are in addition to and not in lieu of any common law indemnification to which Bark Social may be entitled. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph.
Buyer is 18 years old or older and has the legal capacity to enter into a binding contract. Buyer intends for the foregoing provisions under this heading to binding upon Buyer's heirs, personal representatives, estates, beneficiaries, next of kin and assignees. By executing this contract, Buyer understands and agrees to the terms set forth herein, and agrees to be bound by them.
Buyer acknowledges the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
Buyer further acknowledges that Bark Social has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
Buyer further acknowledges that Bark Social cannot guarantee that buyer will not become infected with the Coronavirus/COVID-19. Buyer understands that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of Buyer and others, including, but not limited to, Bark Social staff, and other Bark Social customers.
Buyer voluntarily seeks services provided by Bark Social and acknowledges that Buyer is increasing their risk to exposure to the Coronavirus/COVID-19. Buyer acknowledges that they must comply with all set procedures to reduce the spread while at Bark Social Buyer attests that:
Buyer is not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell. Buyer does not believe that they have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19 Buyer has not been diagnosed with Coronavirus/COVID-19 and not yet cleared as non-contagious by state or local public health authorities. Buyer is following all CDC recommended guidelines as much as possible and limiting Buyer's exposure to the Coronavirus/COVID-19.
Buyer hereby represents and warrants to Bark Social Buyer's dog is current on Rabies and Distemper (DHPP, DHLPP, DA2PP) vaccinations.
Buyer acknowledges that vaccinations cover a limited number of disease strains and Buyer hereby releases Bark Social from any liability should Buyer's dog be exposed to any diseases while on the premises.
Buyer understands that Bark Social is NOT responsible for any lost, damaged, or stolen personal items of any value left by Buyer.
Buyer understands that the Bark Social is open to all breeds.
Buyer understands that in order for Bark Social to maintain a flea-free facility, all dogs found to have fleas will be asked to leave the park.
Buyer understands that Buyer assumes all risks and responsibilities for consuming any food and beverages where dogs are off-leash. This includes but is not limited to: any airborne food and beverages contamination, and dogs trying to eat Buyer's food. Buyer should never let dogs eat from "people" dishes, utensils or glasses, and should only feed and provide water to dogs from the designated dog bowls provided by the Bark Social.
Buyer understands the playgroups are NOT supervised by Bark Social staff at all times and knowingly accept the risk associated with allowing Buyer's dog(s) to playcommunally with other animals while on the premises. Buyer acknowledges that while Bark Social makes every effort to facilitate healthy and safe play, dog behavior is unpredictable and may change at any time without warning.
Buyer accepts full responsibility for the conduct and behavior of Buyer's dog(s) and release Bark Social and other dog owners from all liability associated with Buyer's dog's communal play up to severe injury and including death. Buyer acknowledges that if an incident were to happen with the Buyer's dog(s) and another dog or human, the Buyer's contact information (phone, email) will be released to the party with which the Buyer's dog was involved in the incident. Bark Social holds no responsibility for facilitating communication between the two parties, but will connect the two parties at the onset.
Buyer acknowledges and agrees that Bark Social is not responsible for any wildlife that may enter the park grounds including squirrels, possums, birds, etc. Buyer understands that such wildlife may a) carry disease b) be consumed by Buyer's dog c) injure Buyer's dog.
Buyer acknowledges that Bark Social has clearly displayed their policies regarding Park Rules and etiquette and Buyer agrees to those policies.
Buyer authorizes Bark Social staff members to take photos of Buyer's dog(s) for client file, advertising/marketing purposes to include, but not limited to, print, signage, website, and social media.
Modification. No modification, amendment or alteration of any provision of this Agreement shall be effective unless contained in a written agreement signed by both Parties and delivered in accordance with the provisions of this Agreement. Such modification, amendment or alteration shall be effective only in the specific instances and for the specific purposes for which given.
Waiver. The failure of either Party to this Agreement to insist on the performance of any of the terms or conditions of this Agreement or to exercise any right or privilege under this Agreement or the waiver of any breach of the terms of this Agreement, shall not be construed as thereafter waiving any such terms, conditions, rights or privileges. Choice of Law. This Agreement and all matters collateral thereto shall be governed by and interpreted in accordance with the laws of the State of Maryland.
Jurisdiction and Venue. Any action at law, suit in equity, or other judicial proceeding arising out of or related to this Agreement shall be exclusively instituted and maintained in the courts of Montgomery County, Maryland, and each party waives the right to change venue. The parties also agree to submit to the exclusive jurisdiction of the State of Maryland and waive any defense of lack of personal jurisdiction.
Jury Trial Waiver. The Parties agree that any controversy which may relate to or arise out of this Agreement and/or the relationship between the Parties would involve complicated and difficult factual and legal issues and that any action brought by either party against the other shall be determined by a judge sitting without a jury and the parties waive any and all rights to a trial by jury. Attorneys' Fees and Court Costs. In the event either Party is required to commence a judicial action regarding a dispute between the Parties concerning this Agreement, the prevailing party shall be entitled to recover from the other its reasonable attorneys' fees and court costs incurred in such action
Severability. If any provision of this Agreement shall be invalid and unenforceable under applicable law, the same shall be deemed stricken from this Agreement and shall in no way affect any other provisions of this Agreement. Moreover, said invalid or unenforceable provision shall be reformed, if possible, so as to most closely accomplish the intent of the Parties consistent with applicable law. This Agreement shall remain in full force and effect and shall be construed in all respects as if such invalid or unenforceable provision were omitted.
Consultation With An Attorney. Buyer(s) have had the opportunity to consult with an attorney before the execution of this Agreement.
MEMBERSHIP AGREEMENT REGULATIONS
By signing this Agreement, the Buyer, who have purchased for your dog(s) a membership (Day Pass, Monthly, or Annual) at Bark Social, agrees that the membership fees are non-refundable unless Bark Social is no longer able to provide a substantial number of the services offered when this Agreement was signed, in which case Buyer will receive a prorated refund.
Buyer agrees that the membership is not transferable.
Additional dogs owned and registered by the Buyer may be added to those named above provided the dogs are approved of by park management and the prorated difference in membership rate, if any, is paid.
Monthly and Annual memberships are paid in advance monthly/annually, on the calendar date which the membership became activated, for the following month/year. Monthly/Annual membership payments shall be made via automatic debited payment (credit card or debit card In the event of a declined credit card/debit card, the Buyer's account will be suspended, pending the Buyer updating their payment information and their membership dues paid in full.
By enrolling in an auto-debit contract, Buyer authorizes Bark Social to, on a recurring basis, automatically charge the debit or credit card account Buyer specified, for the monthly/annual payments on Buyer's unlimited auto-debit plan associated with Buyer's account, on the billing due date. Buyer understands and acknowledges that (1) Bark Social will initiate transfers/charges pursuant to this authorization not to exceed the amount of Buyer's Monthly/Annual Membership. Bark Social may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is Buyer's responsibility to keep a current card on file with accurate billing information. Bark Social cannot be held responsible for errors in processing due to expired or inaccurate information. Membership Cancelation Policy: Buyer may cancel Buyer's Membership at any time. Buyer must contact Bark Social via phone, email, or in-person no less than five (5) business days prior to the due date of Buyer's next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take effect on the subsequent month. For example, if your billing payment is due the first day of the month, Buyer must provide written notice no later than ten (10) business days prior to that date. If Buyer fails to do so, Buyer will be billed on the first day of the month for the full amount, and Buyer's contract will be cancelled as of the date of the subsequent billing payment due date.
Bark Social reserves the right to deny entry to the facility or membership in the facility for any reason, and to terminate membership or expel a person and/or dog from the facility for any reason at Bark Social's sole discretion. If Bark Social terminates a membership, Bark Social reserves the right to retain or return any prorated fees at its sole discretion.
COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect on the Site and Online Platforms includes:
Personally identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us or when you choose to participate in various activities related to the Site and Online Platforms. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site and Online Platforms.
Information our servers automatically collect when you access the Site and Online Platforms, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site.
Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Site permission to access this information.
Data From Contests, Giveaways, and Surveys
Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.
Use of your information:
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site or Online Platforms to:
Administer sweepstakes, promotions, and contests. Assist law enforcement and respond to subpoena. Compile anonymous statistical data and analysis for use internally or with third
parties. Create and manage your account. Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site and Location to you. Email you regarding your account or order. Enable user-to-user communications.
Fulfill and manage purchases, orders, payments, and other transactions related to the Site and Online Platforms.
Generate a personal profile about you to make future visits to the Site and Location more personalized. Increase the efficiency and operation of the Site and Online Platforms Monitor and analyze usage and trends to improve your experience with the Site and Online Platforms
Notify you of updates to the Site and Online Platforms. Offer new products, services, and/or recommendations to you. Perform other business activities as needed.
Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
Process payments and refunds. Request feedback and contact you about your use of the Site and Online Platforms
Resolve disputes and troubleshoot problems. Respond to product and customer service requests. Send you a newsletter. Solicit support for the Site and Online Platforms
DISCLOSURE OF YOUR INFORMATION
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Third-Party Service Providers We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
Marketing Communications With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
We may share your information with our business partners to offer you certain products, services or promotions.
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.
OPTIONS REGARDING YOUR INFORMATION
You may at any time review or change the information in your account or terminate your account by:
Logging into your account settings and updating your account Contacting us at email@example.com
If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:
Noting your preferences at the time you register your account with the Site or email us at firstname.lastname@example.org Logging into your account settings and updating your preferences. Contacting us using the contact information provided below
If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
All dogs must have a single day pass, monthly or annual membership to be allowed on the premises.
All dogs must be at least four months of age.
All dogs must be current on vaccinations. Please upload vaccination records online via Membership Portal prior to arrival. We require current Rabies and Distemper (DHPP, DHLPP, DA2PP) vaccinations.
Dogs with contagious health conditions are not permitted in the park. All dogs must be flea and tick free.
All dogs over 12 months of age must be spayed or neutered. No dogs in heat.
All dogs must be off-leash at all times in the park.
Two dogs maximum per Buyer.
Only flat-buckle collars or harnesses should be worn by dogs. Prong, pinch, choke, chain, and electric collars are not allowed in the park.
By entering the yard, you permit Bark Social staff (Bark Rangers) to handle your dog and break up any fights that may ensue.
Dogs under 15 pounds are not allowed outside of the small dog area unless they are being held by the owner or in a bag.
Aggressive behavior. If this is observed, immediate action will be taken: Buyer's dog(s) may be pulled from the pack and Bark Rangers will do whatever they have to do to prevent the behavior from reoccurring (time-out, redirect behavior, etc If this aggressive behavior persists, we reserve the right to ask for the parent to take the dog for a time-out or you may be asked to remove your dog(s) from the yard/premises until they can play nicely.
Dog fights. Some experts recommend the following method for breaking up a dog fight: each owner grabs their own dog by the nape of the neck and pulls up and out away from the other dog, then holds onto the dog until they calm down. No method is risk-free, even your own dog could still bite you. Bark Rangers are trained to read signs of aggression before a fight starts, but fights cannot always be prevented.
No bullies. Rough play is acceptable as long as it is consensual. Rough play is not accepted if the dogs involved aren't comfortable with the situation. Mounting should be discouraged as it is generally not enjoyed by the dog being mounted. If behavior ensues, and altercations are taken to stop the activity, the dog may need to be fully supervised by the owner or asked to take a time-out.
Bark Social is non-smoking both inside and out. Second-hand smoke and cigarette butts are hazardous to dogs.
No outside food, outside drinks, glass containers, dog toys, or treats are permitted. We do encourage bringing your own empty coffee mug or water bottle (free filtered water provided)!
While Bark Rangers are present to watch the dogs and pick up waste, we ask that you pick up after your dog if a Bark Ranger is occupied in another section of the park.
At no point can you leave the property without your dog. This may result in revocation of membership. Although Bark Rangers are available in the park to help supervise your dog, they are not intended to be the sole monitor. Make sure you are checking on your dog(s) periodically if you are not in the yard.
Children under 12 years of age are strongly discouraged from entering Bark Social's dog park. All children must be under strict adult supervision at all times. Children may not climb on play equipment, run in the park, or tease/taunt dogs. No children are permitted on the premises after 8pm.
Members must either retain possession of their leashes or utilize leash racks. Bark Social is not responsible for lost leashes; however we will do what we can to help you find them.
Members are responsible to ensure their dog(s) do not dig holes or cause other damage to park plants or property. If digging ensues after actions are taken to stop the activity, the dog may need to be fully supervised by the owner. Bark Social management staff has the right to refuse service to any guest for any
Please open only one gate at a time, and be careful not to allow other dogs to enter or exit with you.
If a human guest is intoxicated and unable to walk (with a dog) in a straight line, they will be sent home in a taxi or other form of independent transportation.
Dogs must be "on leash" when exiting the Dog Park.
Bark Social is not responsible for any injury, illness, or damage caused on our premises, and all human guests must be responsible for their dogs. If your dog causes any damage to a person or property by nipping, biting, or otherwise, you are responsible!
Failure to comply with the above Rules and Regulations could result in revocation of membership.
I certify that all of the above information is correct and complete. I certify that I have read and understand the Liability Waiver, Park Rules & Regulations, and Contract Regulations, and will abide by them at all times when on Bark Social property, and shall ensure that any guests, children, or other individuals accompanying me or upon my direction shall abide by such rules and regulations at all times. I am aware that I am solely responsible for my actions and the actions of my dog(s), including but not limited to damage to the park and/or injuries caused by my dog(s) to any other dog(s) or persons using the dog park. I understand that Bark Social reserves the right to alter or amend its rules at any time at its sole discretion.
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.