Release of Liability
READ CAREFULLY- THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in events/activities organized by Marvel K9 Dog Training Academy [hereinafter known as, “Marvel K9”], a limited liability company, of 45205 De Portola Road, Temecula, California, 92592 and/or use of the property, facilities and services of “Marvel K9.” I agree for myself and (if applicable) for the members of my family and dog(s) [hereinafter known as “dog”] to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all
posted rules and warnings, and further to follow any oral instructions or directions
given by “Marvel K9,” or the employees, representatives or agents of “Marvel K9.”
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are
certain inherent risks associated with the above described activity and I assume full
responsibility for personal injury to myself and (if applicable) my family members, and
further release and discharge “Marvel K9” for injury, loss or damage arising out of my
or my family/s use of or presence upon the facilities of “Marvel K9,” whether caused by
fault of myself, my family, “Marvel K9” or other thirds parties.
3. INDEMNIFICATION. I agree to indemnify and defend “Marvel K9” against all
claims, causes of action, damages judgements, costs, or expenses, including
attorney’s fees and other litigation costs, which may in any way arise from my or my
family’s use or presence up the facilities of “Marvel K9.”
4. FEES. I agree to pay for all damages to the facilities of “Marvel K9” caused by any
negligent, reckless, or willful action by me, my dog(s), or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation
in the above shall be resolved under California Law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to
sign this Agreement and that I have been given a reasonable opportunity to review it
before signing. I further agree and acknowledge that I am free to have my own legal
counsel review the Agreement if I so desire. I further agree and acknowledge that
“Marvel K9” has offered to refund any fees I have paid to use its facilities if I choose
not to sign this Agreement.
7. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the
product of an arm’s length negotiation between the Parties. In the event any
ambiguity is found to exist in the interpretation of this Agreement, or any of its
provisions, the Parties, and each of them, explicitly reject the application of any legal
or equitable rule of interpretation which would lead to a construction either “for”
or :against” a particular party based upon their status as the drafter of a specific term,
language, or provision giving rise to such ambiguity. Accordingly, the Parties
specifically reject the application of Cal. Civ. Code § 1654 to this Agreement, as well
as any other statute or common law principles of simian effect.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this
Agreement, where standing alone or as applied to a particular occurrence or
circumstance, shall not effect the validity or enforceability of any provision of this
Agreement or of any other applications of such provisions, as the case may be, and
such invalid or unenforceable provision shall be deemed not to be a part of this
9. DISPUTE RESOLUTION. The parties will attempt to resolve any disputes
arising out of or relating to this Agreement through friendly negotiations amongst the
parties, If the matter is not resolved by negotiation, the parties will resolve the dispute
using the below Alternative Dispute Resolution (ADR) procedure. Any Controversies
or disputes arising out of or relating to this Agreement will be submitted to mediation in
accordance with any statutory rules of mediation. If mediation is not successful in
resolving the entire dispute or is unavailable, any outstanding issues will be submitted
to final and binding arbitration under the rules of the American Arbitration Association.
The arbitrator’s award will be final, and judgement may be entered upon it by any court
having proper jurisdiction.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER
UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER
CERTAIN LEGAL RIGHTS.