LIABILITY RELEASE, WAIVER & INDEMNITY AGREEMENT

The undersigned (hereinafter referred to as "Pet Owner"), being of legal age desires to participate in animal training activities with Clever Critters, LLC, (hereinafter “Clever Critters”), and/or for their pet to be handled or trained by the agents or employees of Clever Critters and being fully aware of the risk of injury and dangers inherent in coming into contact with or handling animals, hereby elects voluntarily to participate in said activities, and does hereby willingly enter into this Release, Waiver & Indemnity Agreement. NOW THEREFORE, in consideration of being permitted to participate in animal training activities with Clever Critters and/or for their pet to be handled or trained by the agents or employees of Clever Critters, Pet Owner hereby agree as follows:

1. Pet Owner’s Assumption of Risk And Release of Liability. Pet Owner agrees to assume all risks inherent in and  in coming in contact with animals, including, without limitation, the risks of injury, death, loss, or damage to Pet  Owner, to Pet Owner's property, and to the person and property of third parties. Pet Owner acknowledges that Pet  Owner has been given NOTICE OF THE RISKS INHERENT TO ANIMALS, INCLUDING (i) THE PROPENSITY OF AN ANIMAL TO BEHAVE IN DANGEROUS WAYS WHICH MAY RESULT IN INJURY, HARM, OR DEATH TO PERSONS, ANIMALS AND  THINGS AROUND THEM; (ii) THE UNPREDICTABILITY OF AN ANIMAL'S REACTION TO SUCH THINGS AS SOUNDS,  SUDDEN MOVEMENT, UNFAMILIAR OBJECTS, PERSONS, OR OTHER ANIMALS; and (iii) THE POTENTIAL OF THE  ANIMAL’S HANDLER OR A THIRD PARTY ACTING IN A NEGLIGENT MANNER THAT MAY CONTRIBUTE TO INJURY TO  THE HANDLER OR OTHERS, SUCH AS FAILING TO MAINTAIN CONTROL OVER THE ANIMAL, and Pet Owner expressly  agrees to assume all such risks and releases Clever Critters from liability for injuries caused by such risks. This  express assumption of risks and release shall specifically apply to Pet Owner and to any and all minor children  and/or wards of Pet Owner.   

2. Pet Owner’s Waiver of Claims And Agreement Not To Sue. Pet Owner knowingly and expressly waives Pet Owner's rights to sue Clever Critters, its Members, Managers, principals, employees, agents, successors, heirs, and assigns, for any injury, death, loss, or damage caused by their pet to Pet Owner or to Pet Owner's personal property (including the pet itself).

3. Pet Owner’s Agreement To Indemnify And Hold Harmless. Pet Owner further expressly agrees to indemnify and hold harmless Clever Critters, its Members, Managers, employees, agents, successors, heirs, and assigns, from any loss, claim, suit or judgment resulting from any injury or claim of injury sustained by Pet Owner or any other person, whether to their person or to their personal property, resulting from any use or contact with their pet, and further to indemnify Clever Critters, its Members, Managers, employees, agents, successors and assigns from any and all costs of defending such claims, including attorneys' fees.

4. Insurance Procurement. Clever Critters is not acting as the insurer of Pet Owner’s pet against risk of mortality, injury, or liability. Pet Owner shall procure insurance coverages, with limits necessary or desired by Pet Owner, applicable to their pet(s) to protect Pet Owner from financial losses/liabilities resulting from the risks inherent to animals.

5. Training Disclaimer. Clever Critters will provide training to the Pet Owner’s pet to remedy training/behavioral deficits identified by Pet Owner to Clever Critters. Clever Critters does not warrant Pet Owner’s ongoing satisfaction with the pet’s performance or progress, nor that the pet will retain the training provided by Clever Critters for any length of time. Clever Critters makes no representations or warranties as to the potential of the pet to achieve and maintain training provided by Clever Critters. Clever Critters further makes no representations or warranties as to the level of training or behavioral improvement the pet may be able to achieve. Pet Owner hereby recognizes and acknowledges that the pet’s success or failure may be the result of conditions outside of Clever Critters’ control, such as physical limitations and conditions, injuries and illnesses, the pet’s disposition, and the like.

6. Pet Owner’s Sole Remedy. In the event Pet Owner is dissatisfied with the services rendered by Clever Critters, Pet Owner’s sole remedy shall be to discontinue ongoing use of the services.

7. The parties agree that the waiver and indemnity provisions of this Agreement shall apply to injury, death, loss or damage sustained by Pet Owner, regardless of where such injury, death, loss or damage might occur. This Agreement contains the entire understanding of the parties hereto as it relates to risk of injury and liability therefor, and cannot be modified in any manner except by a written instrument signed by both parties. In the event that any portion of this Agreement shall be declared unenforceable, such declaration shall not affect the remaining terms of this document, which shall survive intact. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia.

PET OWNER HAS CAREFULLY READ THIS AGEEMENT AND FULLY UNDERSTANDS ITS TERMS, WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. PET OWNER UNDERSTANDS THAT THIS AGREEMENT REPRESENTS A WAIVER OF CERTAIN LEGAL RIGHTS AND SIGNS IT FREELY AND VOLUNTARILY.