Release and Waiver of Liability and Assumption of Risk
I, the undersigned, on behalf of myself, my children (if any), parents, heirs, assigns, personal representative and estate, in consideration and as a condition of my being allowed to participate in the activities of Helping Paws, Inc. (“Helping Paws”) as foster home of a service dog in training or in any other volunteer capacity, do hereby acknowledge, covenant and agree as follows:
1. I acknowledge that participating in Helping Paws activities involves known and unknown risks that could result in physical or emotional injury, property damage, disability, and death. I understand that such risks are present in activities involving dogs. Such risks and hazards include, without limitation, the possibility of my negligence, the negligence of my family members, or the negligence of Helping Paws, its employees, officers and directors, and agents, and any of their representatives (collectively the “Released Parties”), and other Helping Paws volunteers and participants; unexpected or expected behavior of dogs; other unexpected or expected conditions, such as (without limitation) other animals, vehicle traffic, ice, snow or other weather; medical emergencies affecting me, my family members, Released Parties or other Helping Paws volunteers as a result of risks inherent in dog-related activities or otherwise; and mechanical failures of crates, leashes, wheelchair or vehicle components, and other mechanical devices. I acknowledge and understand that participation in dog training and other Helping Paws events is dangerous and involves risks of severe personal injury, death and/or property damage, and I freely, knowingly and voluntarily assume and agree to be solely responsible for all such risks.
2. I hereby voluntarily release and discharge the Released Parties from any and all liability to the undersigned (or to the undersigned's personal representatives, successors, assigns, heirs and/or next of kin) for any and all losses or damages and any claims or demands therefor (collectively "Released Claims") arising out of or related to my participation and that of my family members in Helping Paws’ activities, including, without limitation, losses, damages, claims or demands caused by or arising out of the negligence of the Released Parties. I hereby irrevocably waive any and all rights to assert any of the Released Claims against the Released Parties, and I hereby irrevocably agree, promise and covenant not to sue any of the Released Parties concerning any of the Released Claims. This release does not apply to claims arising from intentional conduct. Should Released Parties or anyone acting on their behalf be required to incur attorneys’ fees or costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
3. In the event it should be determined that enforcement of this document in whole or in part would be fundamentally unfair or contrary to public policy or that the enforceability of this document should be limited in whole or in part for any other reason, then I agree to have recourse, for collection of any claims against Released Parties with respect to which enforcement hereof has been so limited, solely to any insurance coverage that may be available to Helping Paws with respect to such claims. I understand that there is no assurance or guarantee that insurance coverage will be available. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
4. I represent that I have adequate insurance to cover any injury or damage that I or my family members may suffer or cause while participating in Helping Paws activities, or, if not, I agree to bear the costs of such injury or damage myself.
5. I understand that the terms of this document are a legally binding contract and not a mere recital. I have carefully read and understood this entire document, and I have signed it of my own free will.