In order to obtain services from More Than a Dog, LLC (“MTAD”, you have to accept this Release and Waiver, which is effective between you and MTAD as of the date when you first book a service from MTAD (the “Services”). All terms not defined here have the meaning given them in the Terms and Conditions provided to you and which are incorporated herein by reference.
You represent that you are 18 years of age or older and you are the owner and person responsible for the pet(s) receiving Services from MTAD and identified below (each, a “Pet”).
Assumption of Risks
You understand and acknowledge that using the Services may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death, to you or your Pet.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF USING THE SERVICES, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF MTAD OR ITS TEAM MEMBERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED BY MTAD AND YOU ASSUME FULL RESPONSIBILITY FOR USE OF THE SERVICES.
Release and Waiver
You acknowledge and agree that:
You have reasonably assessed the risks involved in using the Services and have made an informed and voluntary choice to participate.
You alone, and not MTAD, are responsible for determining your fitness and your pet's fitness for using the Services and your ability to fully understand any directions or warnings presented.
You will not use the Services when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely using the Services.
You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for using the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE MTAD OR ITS TEAM MEMBERS 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 OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
You intend this Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MTAD PROVIDES SERVICES WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, MTAD EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
Indemnification
You agree that if, despite this Release and Waiver, you or anyone on your behalf make a claim against MTAD relating to the Services, you will indemnify and hold MTAD and its Team Members harmless from any liability, demand, loss, damage, or costs which MTAD or its Team Members may incur as the result of such claim.
You affirm that you HAVE READ THIS RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.