Release and Waiver of Liability
This Release and Waiver of Liability (the “Release”), is agreed to and executed by the entrant into the NADAC agility trial, in favor of The North American Dog Agility Council, LLC, (hereinafter “NADAC”), its directors, officers, employees, agents, representatives, volunteers, members, successors, and assigns, (collectively, “NADAC”). Handler and/or Owner intends to participate in NADAC’s upcoming agility trial to which the premium is attached and in consideration of the acceptance of this entry and of the holding of this NADAC event and of the opportunity to have the dog judged and to win prizes, ribbons, or trophies/bars, enters into this Release and Waiver in contemplation thereof.
1. Waiver and Release. Handler and/or Owner does hereby, voluntarily, and without duress, execute this Release. Handler and/or Owner does hereby release and forever discharge NADAC, the event-giving club, association or other host, its members, directors, volunteers, officers, agents, trial secretary, owner and/or lessor of the premises hosting the event, any provider of services for the event, any employees and volunteers of the aforementioned parties, and any NADAC approved judge judging at this event, and other participants at the event, harmless from any claim for loss or injury which may be alleged to have been caused directly or indirectly to any person or thing by the act of any dog while in or about the event premises or grounds or near any entrance thereto, from any and all actions, causes of action, suits, debts, liabilities, claims, and demands of whatever kind or nature, either in law or in equity, which have arisen now or may hereafter arise from Handler and/or Owner’s participation in the NADAC events. Handler and/or Owner understands that this Release discharges NADAC from any liability or claim that Handler and/or Owner may have against NADAC with respect to any bodily injury, personal injury, illness, death, property damage, or any other damages that may result from Handler and/or Owner’s participation in NADAC events.
2. Assumption of Risk. Handler and/or Owner acknowledges and agree that dog bites or other injuries to humans and other dogs do occur, and that all dogs can carry and transmit diseases, including diseases that can be transferred from dogs to humans. Handler and/or Owner understand that NADAC, the event-giving club, association or other host, its members, directors, volunteers, officers, agents, trial secretary, owner and/or lessor of the premises hosting the event, any provider of services for the event, any employees and volunteers of the aforementioned parties, any NADAC approved judge judging at this event, and other participants at the event, will not be responsible for any damage any dog may inflict on any person, another dog, any property, or for the transmission or transfer of any disease or parasite to other dogs or people, and no attempt will be made by Handler and/or Owner, or anyone on the behalf of the Handler and/or Owner, to hold NADAC, the event-giving club, association or other host, its members, directors, volunteers, officers, agents, trial secretary, owner and/or lessor of the premises hosting the event, any provider of services for the event, any employees and volunteers of the aforementioned parties, any NADAC approved judge judging at this event, and other participants at the event, responsible for such damages. Handler and/or Owner hereby expressly and specifically assumes the risk of injury or harm resulting from Handler and/or Owner’s participation in NADAC events.
3. Indemnification. Handler and/or Owner agree to indemnify and hold NADAC, NADAC, the event-giving club, association or other host, its members, directors, volunteers, officers, agents, trial secretary, owner and/or lessor of the premises hosting the event, any provider of services for the event, any employees and volunteers of the aforementioned parties, any NADAC approved judge judging at this event, and other participants at the event, harmless from any and all damages, loss, cost, or liability (including reasonable legal fees and the cost of enforcing this indemnity) arising out of or in any way resulting from Handler and/or Owner’s participation in NADAC events, specifically including any and all attorney’s fees incurred by NADAC, the event-giving club, association or other host, its members, directors, volunteers, officers, agents, trial secretary, owner and/or lessor of the premises hosting the event, any provider of services for the event, any employees and volunteers of the aforementioned parties, any NADAC approved judge judging at this event, and other participants at the event, incurred in enforcing this Release.
4. No Representations. Handler and/or Owner acknowledges and agree that NADAC, the event-giving club, association or other host, its members, directors, volunteers, officers, agents, trial secretary, owner and/or lessor of the premises hosting the event, any provider of services for the event, any employees and volunteers of the aforementioned parties, any NADAC approved judge judging at this event, make no representations with respect to the any dogs that Handler and/or Owner may interact with while participating in NADAC events.
5. Insurance. Handler and/or Owner understands that NADAC, the event-giving club, association or other host, its members, directors, volunteers, officers, agents, trial secretary, owner and/or lessor of the premises hosting the event, any provider of services for the event, any employees and volunteers of the aforementioned parties, any NADAC approved judge judging at this event, do not carry or maintain health, medical, worker’s compensation, automobile, or disability insurance coverage for any Handler and/or Owner. Handler and/or Owner is solely responsible for his/her own care and coverage, should any be desired or needed. Each Handler and/or Owner is expected and encouraged to make arrangements for appropriate insurance coverage prior to beginning participation in the NADAC events.
6. Photographic Release. Handler and/or Owner agree that NADAC may use images and recordings, whether audio or visual of both, of Handler and/or Owner taken during or in connection with NADAC events as it sees fit in its sole discretion to benefit and promote NADAC and Handler and/or Owner does not expect monetary compensation, remuneration, or a fee of any kind in exchange for allowing NADAC to use such images and recordings. Handler and/or Owner does hereby grant and convey unto NADAC all right, title, and interest in any and all photographic images and video and audio recording made by NADAC during NADAC events, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings and Handler and/or Owner acknowledges and agree that all artistic control is in the hands of NADAC. Handler and/or Owner further releases NADAC from any recourse or action due to the nature or content of this production.
7. Termination. Handler and/or Owner acknowledges and agree that Handler and/or Owner’s participation in NADAC events is a privilege that may be withdrawn at any time by NADAC, with or without cause, and in the sole discretion of NADAC.
8. Signature Binding. Handler and/or Owner acknowledge that s/he has the authority to execute this Release on behalf of any and all other Handlers and/or Owners and that the Handler/Owner signature affixed to the Premium Entry binds any and all other Handlers and/or Owners the same as if signed by all other Handlers and/or Owners.
8. Other. Handler and/or Owner expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Oregon, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Oregon without regard to any conflicts of law provisions. Handler and/or Owner agree that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable. This document may be transmitted by facsimile, email or similar method, and copies of this document may be relied upon and shall serve as originals. Handler and/or Owner is fully informed as to the nature of this release and Handler and/or Owner hereby represents that he or she has the power and ability to so grant this release. Handler and/or Owner understands that if Handler and/or Owner is approved to participate in NADAC events that this Release shall apply to any and all Programs in which Handler and/or Owner participates.