Waiver

This Agreement is entered into between More Zoomies LLC, a California limited liability company doing business as “Ruffinery”, and the individual(s) listed below (hereinafter referred to as the “Attendee”). Collectively, Ruffinery and the Attendee are referred to as the “Parties.” This Agreement applies to the Attendee’s dog(s) and any guests, invitees, or affiliates accompanying them.

1. Acknowledgment of Risk

The Attendee understands and acknowledges that Ruffinery operates a recreational environment where dogs and their owners may interact freely. The Attendee recognizes that participation in or presence at Ruffinery premises involves inherent risks, including but not limited to injury or damage to persons, dogs, and property. Such risks arise from dog interactions, environmental conditions, and other unpredictable factors beyond Ruffinery’s control.

The Attendee fully accepts and assumes all risks and responsibilities associated with participation, including those arising from:

• Dog bites, scratches, or altercations between animals or people;
• Ingestion of substances or materials found in outdoor environments;
• Contact with wildlife, biting or stinging insects, fleas, or ticks;
• Allergic reactions, infections, or illnesses (including respiratory or contagious conditions);
• Weather-related exposure, heatstroke, dehydration, or similar issues;
• Accidents or injuries from agility structures or play equipment.

2. Release and Waiver of Liability
In consideration for the opportunity to use Ruffinery’s premises, facilities, and services, the Attendee releases, waives, and forever discharges Ruffinery and its owners, officers, directors, members, employees, contractors, affiliates, and representatives from any and all claims, liabilities, damages, or causes of action (including negligence) arising out of or connected to participation at Ruffinery.

This release includes, without limitation, claims for personal injury, illness, property damage, dog injury or death, or any consequential damages, whether known or unknown, foreseeable or unforeseeable.

3. Indemnification
The Attendee agrees to indemnify, defend, and hold harmless Ruffinery and all of its affiliates and representatives from any and all losses, claims, or damages (including attorney fees and costs) that arise directly or indirectly from:

• The actions or behavior of the Attendee, their dog(s), or guests;
• Any injury or damage caused by Attendee’s dog(s) to another person, dog, or property;
• The Attendee’s failure to follow Ruffinery’s posted rules or staff instructions.
• This indemnity obligation is in addition to, and not a replacement for, any common-law indemnity to which Ruffinery may otherwise be entitled.

4. Attendee’s Responsibilities
The Attendee agrees to:

• Maintain control over their dog(s) and guests at all times;
• Monitor their dog(s)’ behavior and promptly intervene if aggressive or unsafe behavior occurs;
• Confirm that all dogs entering Ruffinery are current on Rabies and Distemper (DHPP, DHLPP, or DA2PP) vaccinations;
• Accept full responsibility for any veterinary or medical expenses arising from incidents on the premises;
• Remove their dog(s) immediately if fleas, illness, or unsafe behavior is detected.
• The Attendee understands that Ruffinery is not responsible for lost, damaged, or stolen items and that playgroups may not always be supervised by staff. Dog behavior is inherently unpredictable, and Ruffinery cannot guarantee the safety of any dog or person.

5. Wildlife and Environment

The Attendee acknowledges that wildlife such as squirrels, birds, or other animals may occasionally enter the premises and may pose health or safety risks. Ruffinery is not responsible for any harm, injury, or illness resulting from such encounters.

6. Media Release
The Attendee grants Ruffinery permission to photograph or film their dog(s) for marketing, social media, and promotional purposes without compensation. Ownership of such media shall remain exclusively with Ruffinery.

7. General Provisions

• Modification: Any amendment to this Agreement must be made in writing and signed by both Parties.
• Waiver: Failure by either Party to enforce any term does not constitute a waiver of future enforcement.
• Choice of Law: This Agreement is governed by the laws of the State of California.
• Jurisdiction: Any disputes shall be brought exclusively in the courts of San Diego County, California. Both Parties consent to personal jurisdiction and waive any right to a jury trial.
• Attorney’s Fees: The prevailing Party in any dispute shall be entitled to recover reasonable attorney’s fees and court costs.
• Severability: If any provision is found invalid, the remaining terms shall remain in full effect. Invalid provisions shall be reformed to most closely reflect the intent of the Parties.
• Age and Capacity: The Attendee affirms they are at least 18 years old and legally capable of entering this Agreement.
• Consultation: The Attendee acknowledges having the opportunity to seek independent legal counsel prior to signing.

By signing below, the Attendee affirms they have read, understood, and voluntarily accepted the terms of this Liability Waiver and Release Agreement and assume full responsibility for themselves, their guests, and their dog(s) while on Ruffinery premises.