To use Downtown Doggieville (“Park”), which is located at 932 SE 4th Ct, Redmond, OR 97756 and is a subsidiary of Doggieville Ranch LLC (“Owner”), you must accept this Waiver and Release, which is effective on the date you schedule or use the Park or sign this Waiver and Release, whichever happens first. All terms not defined herein have the meaning given in the Downtown Doggieville Terms of Service and/or documents incorporated in the Terms of Service.
YOU ACKNOWLEDGE AND AGREE THAT:
You are 18 years or older.
If you bring a minor to the Park, you are solely responsible for supervising the minor and shall be solely liable for any injury or damages to or caused by the minor. If you make a reservation for someone other than yourself to use the Park, you represent and warrant that each Guest on whose behalf you make a reservation has read and agreed to this Waiver and Release, which shall apply to each of them as if the reference to "you" was a reference to him/her/they, or you shall assume full legal responsibility for your guest’s use of the Park.
You have reasonably assessed the risks of using the Park and have made an informed and voluntary choice to use the Park.
You alone, not the Owner, are responsible for determining your fitness and your pet's fitness to use the Park and your ability to understand any directions or warnings presented at the Park or in Terms of Service and this Waiver and Release.
You will not use the Park when you are aware or should reasonably be aware of any factors that might limit or prevent you from safely using the Park.
You will act reasonably and responsibly and comply with the Park rules and customary conditions, directions, and/or precautions for using a dog park. If you notice any hazards at the Park, you will stop using the Park immediately.
Use of the Park may be hazardous and carries the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death, to you or your dog.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU:KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF USING THE PARK, EVEN IF THE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE OWNER OR OTHERS OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES, OR OTHERWISE. YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE PARK.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU PROMISE NOT TO SUE THE OWNER FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS, OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR USE OR YOUR GUESTS USE OF THE PARK, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
If, despite this Waiver and Release, you, another Guest, or anyone on your behalf makes a claim against the Owner that arises from this Waiver and Release or use of the Park, you will indemnify and hold the Owners harmless from any liability, demand, loss, damage, or costs that the Owner may incur as the result of such claim, including reasonable attorney fees and costs for any injury, loss, illness, or death to you, your immediate family, guests, and invitees that arises from the use of the Park. Further, you indemnify, release, and hold the Owner harmless from any claims, demands, damages, and costs that arise from recklessness or negligence and result in losses, injuries, illnesses, or death.
THE OWNER PROVIDES THE PARK "AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE OWNER EXPRESSLY DISCLAIMS ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND ADEQUACY OF ANY DIRECTIONS AND WARNINGS PROVIDED TO YOU.
This Waiver and Release is a complete, binding, and unconditional waiver and release of all claims to the greatest extent allowed by law.
If any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect.
If a dispute arises out of this Waiver and Release or your use, your dog’s use, or your guest’s use of the Park, the dispute shall be subject to binding arbitration inOregon. The arbitrator shall conduct the Arbitration according to the Commercial Arbitration Rules of the American Arbitration Association now or hereafter in effect. The Owner shall select the arbitrator. The arbitrator shall establish the date and time, and place for the arbitration hearing. If anyone asserts an unreasonable position in arbitration, the arbitrator shall have the discretion to direct the party who asserts the unreasonable position to pay for some or all of the arbitrator's fees and costs and the other party’s attorney fees and costs.
This Waiver and Release may be executed in counterparts and electronically, and each will be deemed an original, and together, the documents will constitute the sameinstrument.
Oregon law shall govern this Waiver and Release and your use of the Park in all respects. By signing this Waiver and Release and using the Park, you submit to the jurisdiction of the State of Oregon.
YOU AFFIRM THAT YOU HAVE READ THIS GUEST RELEASE AND WAIVER, AND DECLARE THAT YOU FULLY UNDERSTAND AND FREELY, VOLUNTARILY, AND WITHOUT INDUCEMENT, ACCEPT THE TERMS OF THIS WAIVER AND RELEASE AND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT IT CONTAINS.