DOGCENTRIC VENTURES, INC.
RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as "I" or "me") desires to participate in the dog park, restaurant, and bar (the "Activity") provided by Dogcentric Ventures, Inc., a Delaware corporation (the "Company"; Company and I are collectively referred to herein as the “Parties,” and each a "Party"), at Bark Social Baltimore, LLC (3822 Boston Street, Baltimore, MD 21224) and/or Bark Social Bethesda, LLC (935 Prose Street, North Bethesda, MD 20852) and/or Bark Social Philly, LLC (3720 Main St Suite E, Philadelphia, PA 19127) (the "Premises"). In consideration of being permitted by the Company to enter the Premises and participate in the Activity and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this agreement (this "Release").
I am aware and understand that the Activity is a potentially dangerous activity and involves the risk of serious injury, disability, and/or death to myself and/or my dog(s), as well as property damage. I am also aware of the contagious nature of bacterial and viral diseases, including COVID-19 (collectively, the "Disease") and the risk that I may be exposed to or contract the Disease by being on the Premises and engaging in the Activity, which may result in illness, personal injury, psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees or others, including negligent emergency response or rescue operations of the Company. I understand that while the Company has implemented measures to reduce the risk of injury from the Activity and the spread of the Disease, the Company cannot guarantee that I will not be injured or become infected with the Disease while on the Premises or during my participation in the Activity and that being on the Premises and engaging in the Activity may increase my risk of contracting the Disease. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL INJURY, PSYCHOLOGICAL INJURY, PAIN, SUFFERING, DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company and its officers, directors, manager(s), employees, volunteers, agents, affiliates, subsidiaries, shareholders, members, successors, and assigns (collectively, "Releasees") on account of personal or psychological injury, illness, pain, suffering, disability, death, property damage, or financial loss arising out of or attributable to my being on the Premises or participating in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
I confirm that I: (a) am in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activity; and (b) am not experiencing symptoms of the Disease (such as cough, shortness of breath, or fever, do not have a confirmed or suspected case of the Disease, and have not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having the Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and the Disease while on the Premises or participating in the Activity, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. I will also follow all instructions, recommendations, and cautions of the Company at all times while on the Premises or during the Activity. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activity.
I confirm that my dog(s): (a) is in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activity; (b) is current on Rabies and Distemper (DHPP, DHLPP, DA2PP) vaccinations; (c) does not, to my knowledge, have fleas or ticks; (d) has not demonstrated aggressive behavior and/or bitten any person or animal in the past; (e) does not, to my knowledge, have any contagious disease; (f) is at least 4 months old; and (g) is spayed or neutered (if older than a year old) and not in heat. I acknowledge that vaccinations cover a limited number of disease strains and hereby release the Company from any liability should owners dog be exposed to any diseases while on the Premises. I understand that the premises is open to all dog breeds.
In allowing my dog(s) on the Premises, I understand and assume 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
- Ingestion of human food and/or beverages. Dog owner should never let dogs eat from human dishes, utensils or glasses and should only feed or provide water to dogs from the designated dog bowls provided by the Company.
- Injuries related to outdoor environments/agility equipment
- Potential encounters with wildlife including birds, biting or stinging insects o 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
- Weather related health issues
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by or awarded against the Company or any other Releasees in a final judgment, arising out of or resulting from any claim of a third party related to my being on the Premises or participating in the Activity, including any claim related to my own negligence or the ordinary negligence of the Company.
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.
I hereby consent to allow my dog(s) to receive medical treatment deemed necessary if my dog(s) is injured or requires medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.
Notwithstanding any membership agreement by any between the Company and I, this Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns.
All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Delaware. I hereby consent to the exclusive jurisdiction of such courts and waive and defense of lack of personal jurisdiction.
EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, AND APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, PARTICIPATION IN THE ACTIVITY.
I represent and warrant to the Company that I will comply with the Rules and Regulations for the Activity, a copy of which are attached hereto as Schedule 1. I also agree to the Privacy Policy, a copy of which is attached hereto as Schedule 2.
SCHEDULE 1
PARK RULES AND REGULATIONS
Entry Requirements:
- 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 a year months of age must be spayed or neutered
- All dogs must be off-leash at all times in the park.
- Two dogs maximum per dog owner.
- Only flat-buckle collars or harnesses should be worn by dogs. Prong, pinch, choke, chain, and electric collars are not allowed in the park.
- You shall 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.
Dog Behavior:
Aggressive behavior. If this is observed, immediate action will be taken. My dog(s) may be pulled from the pack and Bark Rangers will take any reasonable steps necessary to prevent the behavior from reoccurring (time-out, redirect behavior, etc.) If aggressive behavior persists, Company reserves the right to ask you to take the dog for a time-out or you may be asked to remove your dog(s) from the Premises until they can play nicely.
Dog fights. It is recommended that each owner grabs their 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. Users of the dog park assume all risk of harm.
No bullies. Rough play is acceptable as long as it is deemed consensual by the Company. If behavior ensues and steps are taken to stop the activity, the dog may need to be fully supervised by you or asked to take a time-out.
Human Behavior:
- No smoking or vaping while in the Premises. 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 the Premises. 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 retain possession of your leash(es). Company is not responsible for lost leashes.
- Members are responsible to ensure their dogs(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 member.
- Subject to the Americans with Disabilities Act and any other applicable law(s), Company has the right to refuse service to any person for any reason.
- 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.
SCHEDULE 2
Privacy Policy, Information Collection/Disclosure Policy
PRIVACY POLICY
Bark Social ("we" or "us" or "our") respects the privacy of our users ("user" or "you"). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website Barksocial.com and any Bark Social membership platforms and surveys (collectively, the "Site and Online Platforms"). Please read this privacy policy carefully. If you do not agree with the terms of this privacy policy, please do not access the site.
We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site and Online Platforms, and you waive the right to receive specific notice of each such change or modification.
You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site and Online Platforms after the date such revised Privacy Policy is posted.
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 web hosting company 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.
Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Site [or our mobile application]. We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor, Clover, Shopify, and Gingr, and you are encouraged to review their privacy policy and contact them directly for responses to your questions.
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.
Photos taken around the park of you and your dog, by our staff members or other guests.
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.
We may use photos of you and your dog for client files, advertising/marketing purposes including, but not limited to, print, signage, website, and social media.
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 affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
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.
If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy.
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 info@barksocial.com
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.
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 info@barksocial.com 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.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES.