BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION. PLEASE READ CAREFULLY!
In consideration of Groovytown Inc. o/a Dogs Vangroovin' and Groovytown Dog Lodge("Groovytown") providing dog walking, sitting, lodging and other services offered by Groovytown(collectively, the “Services”) to the undersigned (“You” or “Your”) in respect of the dog described above (Your “Dog”), You agree to the following terms:
1.ASSUMPTION OF RISKS. YOU ACKNOWLEDGE AND AGREE YOUR DOG (AND YOU IF YOU ACCOMPANY YOUR DOG) WILL BE EXPOSED TO RISKS, DANGERS AND HAZARDS IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE RISK OF LOSS, SERIOUS INJURY OR DEATH TO YOUR DOG. YOU FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH, DAMAGE TO PROPERTY OR LOSS OF YOUR DOG, EXCEPT TO THE EXTENT CAUSED BY THE WILFUL MISCONDUCT OR GROSS NEGLIGENCE OF GROOVYTOWN OR BY A BREACH OF ANY IMPLIED TERM, CONDITION OR WARRANTY UNDER THE OCCUPIERS’ LIABILITY ACT(ONTARIO), CONSUMER PROTECTION ACT (ONTARIO) OR SALE OF GOODS ACT (ONTARIO).
2.Release. You hereby expressly waive and release any and all claims which You have or may in the future have against the Groovytown and its affiliates, the owners of any land upon which the Services are provided, and the respective directors, officers,employees, agents, representatives, shareholders, successors and assigns of such persons or entities (collectively, "Releasees"), on account of (a) injury, death, damage to property or loss of Your Dog arising out of or in connection with the Services, due to any cause whatsoever, (b) breach of contract, or (c)breach of any statutory or other duty of care (the “ReleasedClaims”); provided that the “Released Claims” shall not include (and nothing shall release a Releasee from) liability arising from its intentional misconductor gross negligence or a breach of any implied term, condition or warranty under the Occupiers’ Liability Act (Ontario), Consumer Protection Act (Ontario) or the Sale of Goods Act (Ontario). You covenant not to make or bring any such claim against Groovytown or any other Releasee, and forever release and discharge Groovytown and all other Releasees from liability in respect of the Released Claims.
3.Indemnity. You hereby agree to defend, indemnify and hold harmless Groovytown and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whateverkind, including reasonable legal fees, in connection with any third-party claim, suit, action or proceeding arising out of or resulting from the actions of Your Dog (including damage, injury or death to persons, animals or property) or inrespect of any of the Released Claims (whether brought by a co-owner of the Dog or any other person).
4.Basis of Bargain. You acknowledge and agree that: (a) Groovytown is providing the Services, and has calculated its fee for the Services, in reliance upon the assumption of risk, release and indemnity provided by You in these Terms and Conditions of Service; (b) the assumption of risk, release and indemnity provided by You in these Terms and Conditions of Service reflect a reasonable and fair allocation of risk between the Releasees and You and form an essential basis of the bargain between Groovytown and You; and (c) Groovytown would not be able to provide the Services at its current rates without these limitations.
5. You allow Groovytown to take or capture Your Dog’s photo or video for the purposes of sharing with You, portfolio showcase, advertising, marketing, branding, educational, digital promotions, internet videos, online courses, media/social media, other commercial or non-commercial purposes, and with the understanding that all photos and videos that will be taken in this activity are copyrighted by Groovytown Inc.
6.General. These Terms and Conditions of Service constitutes the entire agreement between You and Groovytown with respect to the subjectmatter contained herein and supercede 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 these Terms and Conditionsof Service is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other termor provision of these Terms and Conditions of Service or invalidate or renderunenforceable such term or provision in any other jurisdiction. These Terms and Conditions of Service are binding on and shall enure to the benefit of Groovytown and You and our respective heirs, successors and assigns, as applicable.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS OF SERVICE AND THAT YOU ARE VOLUNTARILYWAIVING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE GROOVYTOWN AND THERE LEASEES.