ACTION K9 Liability Waiver
1. I, the undersigned, acknowledge that I have voluntarily applied to Terry Parrish, (hereinafter referred to as "Owner") for agility, flyball, herding, earth dog, and any other supervised and/or, unsupervised, or both, dog sport training (hereinafter referred to as "dog sport training") at 15671 Old Milky Way, Escondido, California 92027 and/or 455 South Rall Avenue, La Puente, California 91746, or both. If my application is accepted, I agree that Owner may drop me from the dog sport training at any time, either with or without cause, and in such event, only the unearned proportion of my training fee will returned to me.
Assumption of Risk
2. I AM AWARE THAT DOG SPORT TRAINING MAY BE A HAZARDOUS ACTIVITY. I AM VOLUNTARILY PARTICIPATING IN THIS ACTIVITY WITH FULL KNOWLEDGE OF THE POTENTIAL DANGER INVOLVED. I HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY TO MYSELF, MY DOG(S), AND ANY DOG(S) UNDER MY CARE, CUSTODY, CONTROL AND VERIFY THIS STATEMENT BY PLACING MY INITIALS HERE:
3. As consideration for being permitted to participate in this dog sport training, I hereby agree that I, my assignees, heirs, distributees, guardians, and legal representatives will not make a claim against, sue, attach the property of Owner, her employees, lessors, agents, independent contractors, for injury, damage resulting from the negligence, howsoever caused, by Owner, her employees, lessors, agents, independent contractors from all actions, claims, demands that I, my assignees, heirs, distributees, guardians, and legal representatives now have or may hereafter have for injury, damage to myself, my dog(s), any dog(s) under my care, custody, control resulting from my participation in this dog sport training.
4. I agree to indemnify Owner, her employees, lessors, agents, independent contractors against and save Owner, her employees, lessors, agents, independent contractors harmless from any and all demands, claims, causes of action, judgments, and any and all expenses (including, without limitation, attorney's fees) incurred, for injury to any of my guests, invitee's, their dog(s), any dog(s) under their care, custody, control occuring at any dog sport training facility.
5. All rights to televise, video tape, audio tape, advertise, photograph, otherwise promote this dog sport training are vested in Owner and/or entities to whom assignments of such rights have been made in writing, or both. By participating in the dog sport training I forever grant to Owner the right to televise, video tape, audio tape, advertise, photograph, otherwise promote the dog sport training and use my likeness, my dog(s), any dog(s) under my care, custody, control in any manner whatsoever without further release, consent, compensation.
Attorney Fees/Choice of Law/Forum Selection
6. The prevailing party shall be entitled to costs and attorney fees arising out of this Release and/or to enforce a judgment arising out of this Release, or both. This Release will be governed by, and construed in accordance with California law. All causes of action arising from this Release shall be filed and prosecuted in the North County Judicial District, County of San Diego.
Full and Complete Agreement
7. This Release supersedes all agreements previously made between the parties relating to its subject matter. There are no other understandings or agreements between them.
Knowing and Voluntary Execution
8. I HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND AN INDEMNIFICATION OF INJURY TO OTHERS AND SIGN IT OF MY OWN FREE WILL
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