Common use of Waiver and Release of Liability Clause in Contracts

Waiver and Release of Liability. Guardian, on behalf of Guardian and Guardian’s officers, directors, shareholders, affiliates, agents, employees, heirs, successors, and assigns (the "Releasing Parties”), hereby irrevocably waives any and all claims, actions, and causes of actions against the Indemnified Parties, and each of them, and hereby releases the Indemnified Parties, and each of them, without limitation, from and against any and all loss, damage, and liability of whatever type, kind, or nature, past, present, or future, and whether known or unknown, including but not limited to illness, sickness, disease, infestation, personal injury or the death, and damage to the property of any one, all, or a combination of Guardian’s Pet, guardian, or the Releasing Parties arising out of the Services to be provided under this Agreement including, but not limited to, any event that may arise or occur at the Facility, whether or not within the control of, and irrespective of the active or passive negligence or, the Indemnified Parties or any one, all, or a combination thereof. Guardian acknowledges, understands, and agrees that Guardian has carefully read this Agreement and the documents incorporated into this Agreement by reference, understand its contents, and understand that this Agreement includes an assumption of the risk of harm or loss due to Wacky Wags negligence and liability. Guardian acknowledges that Wacky Wags is materially relying on this waiver and is allowing Guardian’s Pet to engage in play with other dogs and, if boarding, to stay in the Wacky Wags Facility overnight, if training is provided, to be trained according to Wacky Wags training protocols, and if grooming to be groomed at Wacky Wags. I further represent and warrant that I have read California Civil Code §1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” GUARDIAN, ON BEHALF OF GUARDIAN, AND THE RELEASING PARTIES, EXPRESSLY WAIVES ANY AND ALL RIGHTS AND BENEFITS UNDER CALIFORNIA CIVIL CODE §1542. THIS IS A SPECIFIC RELEASE GIVING UP ALL RIGHTS WITH RESPECT TO THE TRANSACTIONS OR OCCURRENCES THAT ARE BEING RELEASED UNDER THIS AGGREEMENT. Dated: By: , Guardian (Guardian Print Name)

Appears in 3 contracts

Sources: Dog Daycare & Boarding Agreement, Dog Daycare & Boarding Agreement, Dog Daycare & Boarding Agreement

Waiver and Release of Liability. GuardianHolder further agrees that NU, on behalf of Guardian and Guardian’s its affiliates, officers, directorstrustees, shareholdersemployees, affiliatespartners, agents, employeesrepresentatives and independent contractors; the PETCO Ballpark (“Venue”) and the owners and/or operators thereof; any local or state governmental body associated with the Venue, heirs(collectively, successors, and assigns (the "Releasing “Released Parties”), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of Holder’s and/or Minor(s)’ (a) participation in, attendance at, and/or observation of the Game and/or (b) the negligence of any of the Released Parties (collectively, the “Released Claims”). Holder hereby irrevocably waives any and all claimsreleases, actionsforever discharges, and causes of actions against covenants not to sue the Indemnified Parties, and each of them, and hereby releases the Indemnified Parties, and each of them, without limitation, Released Parties from and against any and all lossReleased Claims and/or any other claims which Holder and/or Minor(s) has or may have for invasion of privacy, damagedefamation, and liability of whatever type, kind, or nature, past, present, or future, and whether known or unknown, including but not limited to illness, sickness, disease, infestation, personal injury or the death, and damage to the property violation of any oneright of publicity, all, right of privacy or a combination any other cause of Guardian’s Pet, guardian, or the Releasing Parties action arising out of the Services to be provided under this Agreement includingproduction, but not limited toreproduction, any event that may arise distribution, transmission, publication, public performance, broadcast or occur at exhibition of and/or materials in which recordings or photographs of Holder or Minor(s) from the Facility, whether or not within the control of, Commencement and irrespective of the active or passive negligence or, the Indemnified Parties or any one, all, or a combination thereofConcert appear. Guardian acknowledges, understands, and agrees that Guardian has carefully read this Agreement and the documents incorporated into this Agreement by reference, understand its contents, and understand that this Agreement includes an assumption of the risk of harm or loss due to Wacky Wags negligence and liability. Guardian acknowledges that Wacky Wags is materially relying on this waiver and is allowing Guardian’s Pet to engage in play with other dogs and, if boarding, to stay in the Wacky Wags Facility overnight, if training is provided, to be trained according to Wacky Wags training protocols, and if grooming to be groomed at Wacky Wags. I further represent and warrant that I have read California Civil Code §1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” GUARDIAN▇▇▇▇▇▇, ON BEHALF OF GUARDIANHOLDER, MINOR(S), ACCOMPANYING PARTIES AND THEIR PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, NEXT OF KIN AND ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON THEIR BEHALF, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASING RELEASED PARTIES WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THIS TICKET, (B) PRESENCE AT THE VENUE OR (C) PARTICIPATION IN THE COMMENCEMENT AND CONCERT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, EXPRESSLY WAIVES INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE VENUE, INCLUDING, WITHOUT LIMITATION (X) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, MINOR(S), ACCOMPANYING PARTIES OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, MINOR(S) OR ANY ACCOMPANYING PARTY; AND (Y) ALL RIGHTS CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND BENEFITS UNDER SAFETY PROTOCOLS TO HOLDER, MINOR(S) AND/OR ACCOMPANYING PARTIES. ▇▇▇▇▇▇ FURTHER ACKNOWLEDGES AND AGREES THAT HOLDER IS FAMILIAR WITH AND DOES HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE §1542. THIS (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” ON BY ATTENDING AND/OR PARTICIPATING IN COMMENCEMENT AND CONCERT, ▇▇▇▇▇▇, HIS/HER OWN BEHALF AND ON BEHALF OF MINOR(S), IS DEEMED TO HAVE GIVEN A SPECIFIC FULL RELEASE GIVING UP ALL RIGHTS WITH RESPECT OF LIABILITY TO THE TRANSACTIONS RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW. IF MINOR(S) IS/ARE ACCOMPANYING HOLDER TO THE GAME, ▇▇▇▇▇▇ IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF SUCH MINOR(S) AS THEIR PARENT OR OCCURRENCES GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF ▇▇▇▇▇▇ DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF THE ACCOMPANIED ▇▇▇▇▇(S), ▇▇▇▇▇▇ SHOULD IMMEDIATELY LEAVE THE COMMENCEMENT AND CONCERT WITH THE MINOR(S). Holder will indemnify, defend and hold harmless the Released Parties from and against any and all demands, suits, claims, costs (including reasonable attorneys’ fees and expenses), expenses and liability arising out of, incidental to or related in any way to (i) Holder’s and/or Minor(s)’ attendance at, observation of, and/or participation in the breach Commencement and Concert (ii) Holder’s and/or Minor(s)’ acts or omissions, or (iii) Holder’s of any of the terms, conditions or representations made in the Agreement. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT ARE BEING RELEASED UNDER THIS AGGREEMENTCAN LEAD TO SEVERE ILLNESS AND DEATH. Dated: By: AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. ▇▇▇▇▇▇, Guardian ON THEIR BEHALF AND ON BEHALF OF ANY MINOR(S) AND ACCOMPANYING PARTIES (Guardian Print NameDEFINED BELOW), AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF NATIONAL UNIVERSITY AND THE VENUE OWNER/OPERATOR. Holder acknowledges and understands that, if infected with COVID-19 or other Communicable Disease (as defined at the conclusion of this paragraph), Holder, Minor(s) and/or Accompanying Parties may infect others that they may subsequently come in contact with, even if they are not experiencing or displaying any symptoms of illness, and that the risk of exposure to others remains at all times. Accordingly, ▇▇▇▇▇▇ agrees that neither ▇▇▇▇▇▇, ▇▇▇▇▇(s) nor Accompanying Parties will attend the Game if within fourteen days preceding the Game, they have:

Appears in 1 contract

Sources: Admittance Waiver and Release Terms

Waiver and Release of Liability. GuardianHolder further agrees that NU, on behalf of Guardian and Guardian’s its affiliates, officers, directorstrustees, shareholdersemployees, affiliatespartners, agents, employeesrepresentatives and independent contractors; the PETCO Ballpark (“Venue”) and the owners and/or operators thereof; any local or state governmental body associated with the Venue, heirs(collectively, successors, and assigns (the "Releasing “Released Parties”), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of Holder’s and/or Minor(s)’ (a) participation in, attendance at, and/or observation of the Game and/or (b) the negligence of any of the Released Parties (collectively, the “Released Claims”). Holder hereby irrevocably waives any and all claimsreleases, actionsforever discharges, and causes of actions against covenants not to sue the Indemnified Parties, and each of them, and hereby releases the Indemnified Parties, and each of them, without limitation, Released Parties from and against any and all lossReleased Claims and/or any other claims which Holder and/or Minor(s) has or may have for invasion of privacy, damagedefamation, and liability of whatever type, kind, or nature, past, present, or future, and whether known or unknown, including but not limited to illness, sickness, disease, infestation, personal injury or the death, and damage to the property violation of any oneright of publicity, all, right of privacy or a combination any other cause of Guardian’s Pet, guardian, or the Releasing Parties action arising out of the Services to be provided under this Agreement includingproduction, but not limited toreproduction, any event that may arise distribution, transmission, publication, public performance, broadcast or occur at exhibition of and/or materials in which recordings or photographs of Holder or Minor(s) from the Facility, whether or not within the control of, and irrespective of the active or passive negligence or, the Indemnified Parties or any one, all, or a combination thereofCommencement appear. Guardian acknowledges, understands, and agrees that Guardian has carefully read this Agreement and the documents incorporated into this Agreement by reference, understand its contents, and understand that this Agreement includes an assumption of the risk of harm or loss due to Wacky Wags negligence and liability. Guardian acknowledges that Wacky Wags is materially relying on this waiver and is allowing Guardian’s Pet to engage in play with other dogs and, if boarding, to stay in the Wacky Wags Facility overnight, if training is provided, to be trained according to Wacky Wags training protocols, and if grooming to be groomed at Wacky Wags. I further represent and warrant that I have read California Civil Code §1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” GUARDIAN▇▇▇▇▇▇, ON BEHALF OF GUARDIANHOLDER, MINOR(S), ACCOMPANYING PARTIES AND THEIR PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, NEXT OF KIN AND ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON THEIR BEHALF, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASING RELEASED PARTIES WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THIS TICKET, (B) PRESENCE AT THE VENUE OR (C) PARTICIPATION IN THE COMMENCEMENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, EXPRESSLY WAIVES INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE VENUE, INCLUDING, WITHOUT LIMITATION (X) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, MINOR(S), ACCOMPANYING PARTIES OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, MINOR(S) OR ANY ACCOMPANYING PARTY; AND (Y) ALL RIGHTS CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND BENEFITS UNDER SAFETY PROTOCOLS TO HOLDER, MINOR(S) AND/OR ACCOMPANYING PARTIES. ▇▇▇▇▇▇ FURTHER ACKNOWLEDGES AND AGREES THAT HOLDER IS FAMILIAR WITH AND DOES HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE §1542. THIS (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” BY ATTENDING AND/OR PARTICIPATING IN COMMENCEMENT, HOLDER, ON HIS/HER OWN BEHALF AND ON BEHALF OF MINOR(S), IS DEEMED TO HAVE GIVEN A SPECIFIC FULL RELEASE GIVING UP ALL RIGHTS WITH RESPECT OF LIABILITY TO THE TRANSACTIONS RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW. IF MINOR(S) IS/ARE ACCOMPANYING HOLDER TO THE GAME, ▇▇▇▇▇▇ IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF SUCH MINOR(S) AS THEIR PARENT OR OCCURRENCES GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF ▇▇▇▇▇▇ DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF THE ACCOMPANIED MINOR(S), ▇▇▇▇▇▇ SHOULD IMMEDIATELY LEAVE THE COMMENCEMENT WITH THE MINOR(S). Holder will indemnify, defend and hold harmless the Released Parties from and against any and all demands, suits, claims, costs (including reasonable attorneys’ fees and expenses), expenses and liability arising out of, incidental to or related in any way to (i) Holder’s and/or Minor(s)’ attendance at, observation of, and/or participation in the Commencement, (ii) Holder’s and/or Minor(s)’ acts or omissions, or (iii) Holder’s breach of any of the terms, conditions or representations made in the Agreement. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT ARE BEING RELEASED UNDER THIS AGGREEMENTCAN LEAD TO SEVERE ILLNESS AND DEATH. Dated: By: AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. ▇▇▇▇▇▇, Guardian ON THEIR BEHALF AND ON BEHALF OF ANY MINOR(S) AND ACCOMPANYING PARTIES (Guardian Print NameDEFINED BELOW), AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF NATIONAL UNIVERSITY AND THE VENUE OWNER/OPERATOR. Holder acknowledges and understands that, if infected with COVID-19 or other Communicable Disease (as defined at the conclusion of this paragraph), Holder, Minor(s) and/or Accompanying Parties may infect others that they may subsequently come in contact with, even if they are not experiencing or displaying any symptoms of illness, and that the risk of exposure to others remains at all times. Accordingly, ▇▇▇▇▇▇ agrees that neither ▇▇▇▇▇▇, ▇▇▇▇▇(s) nor Accompanying Parties will attend the Game if within fourteen days preceding the Game, they have:

Appears in 1 contract

Sources: Admittance Waiver and Release

Waiver and Release of Liability. GuardianI understand that the Program is a physical sport, and I am fully aware of and appreciate the risks, including the risk of catastrophic injury, paralysis, and even death, as well as other damages and losses associated with participation the Program. Accordingly, I agree that, on behalf of Guardian and Guardian’s officers(i) myself, directors, shareholders, affiliates, agents, employees, (ii) my heirs, successorsincluding my Child, and assigns (the "Releasing iii) my personal representatives (collectively, “My Parties”), that My Parties shall assume all risk of injury to property or self or death in regard to My Parties’ participation, in any fashion, directly or indirectly, in the Program, from any cause whatsoever, except that which is caused by the Association’s gross negligence or willful misconduct and such failure has persisted for an unreasonable period of time after written notice of such failure. As a result, My Parties hereby irrevocably waives any waive all of claims in respect thereof against the Association. Furthermore, on behalf of My Parties, I understand and agree that the above waiver and release includes releasing the Association, along with its directors, officers, coaches, employees, attorneys, and volunteers (collectively, “Association Parties”) from and against all liability obligations, damages, judgments, penalties, claims, actionscosts, charges, and causes of actions against the Indemnified Partiesexpenses, and each of them, and hereby releases the Indemnified Parties, and each of themincluding, without limitation, reasonable attorneys’ fees (collectively, “Claims”), in regard to My Parties’ participation or connection to the Program. In addition, I agree that, on behalf of My Parties, (i) My Parties have been made aware of the global pandemic of COVID-19, the proper precautions to take, the proper hygiene methods, and the risks associated with COVID-19; (ii) My Parties have been made aware of the fact that social distancing is a necessary cautionary step in the prevention and treatment of COVID-19; (iii) My Parties have been given the opportunity to engage in social distancing in connection to My Parties’ involvement in the Program and/or to remain at home; (iv) prior to the execution of this Agreement, I have taken my Child’s temperature, and such temperature did not reflect a plausible positive test of COVID-19 under the considerations and guidelines established by the U.S. Centers for Disease Control and Prevention (“CDC”); (v) with regularity throughout the duration of the Program, I will take the temperature of my Child, and if such temperature reflects a plausible positive test of COVID-19 under the considerations and guidelines established by the CDC, I will immediately provide written notice to the Association and immediately remove my Child from the Program (including from any event, practice, or otherwise) unless and until the Association provides written authorization permitting my Child to return to the Program; (vi) prior to the execution of this Agreement, I have conducted reasonable diligence as to whether my Child may have, or may ever have had, tested positive for COVID-19, and based upon my reasonable diligence, my Child does not demonstrate symptoms of COVID-19 as of the date I execute this Agreement; and (vii) if my Child manifests symptoms at any time throughout the duration of the Program, I shall immediately provide written notice to the Association and immediately remove my Child from the Program (including from any event, practice, or otherwise) unless and until the Association provides written authorization permitting my Child to return to the Program. I recognize that, by participating in the Program, My Parties are at a great risk of contracting COVID-19. Accordingly, on behalf of My Parties, I agree that the above waiver and release includes releasing Association Parties from any Claims associated with COVID-19, and that the above release includes releasing Association Parties against all Claims related to COVID-19 arising out of My Parties’ connection and/or participation in the Program. I understand and agree that, in the event my Child’s participation or involvement in the Program is suspended or terminated for any reason as provided under this Agreement, as a necessary condition for my Child to return to any participation or involvement in the Program, the Association must receive a written letter from a physician indicating that (i) the Child does not, at the time of the letter, manifest COVID-19 symptoms, (ii) the Child, in the physician’s opinion, at the time of the letter, does not test positive for COVID-19, and (iii) in the event the Association permitted the Child to return to the Program, the Child, in the physician’s opinion, does not present a material risk in transmitting or otherwise causing injury due to COVID-19. I agree to provide the Association a copy of such physician’s letter before attending the next scheduled event. Upon my Child’s removal from the Program for any reason mentioned under this Agreement, I understand that, in general, the Association will apply the following considerations in permitting my Child to return to the Program: if my Child tests positive for COVID-19, my Child is required to provide a copy of a written negative COVID-19 test approved by a physician to the Association; if my Child manifests COVID-19 symptoms but does not test positive for COVID-19, my Child must not manifest COVID-19 symptoms and must satisfy one or more of the following criteria: (x) my Child must provide a copy of a written note from a physician indicating that my Child does not pose a material risk in returning to the Program; (x) my Child must quarantine for fourteen (14) days immediately prior to returning to the Program, or (y) my Child must provide a copy of a written negative COVID-19 test approved by a physician to the Association. Notwithstanding anything herein to the contrary, I understand and agree that the Association maintains sole and absolute discretion in weighing and assessing the risks associated with COVID-19 relating to this Agreement, and therefore, my Child’s participation, involvement, or connection to the Program. I further recognize and agree that I shall not be entitled to a refund or credit of any monies as a result of my Child being suspended, removed, or terminated from the Program under this Agreement. I am confident that the Association will take appropriate care of my Child and efforts will be made for my Child’s safety. However, I understand that accidents do occur, and in the event of an emergency, efforts will be made to contact me immediately. If the Association is unable to reach me, I hereby authorize the Association Parties, as agent for me, to permit the rendering of reasonable treatment, hospital care, and x-ray examination, including medical, dental, and surgical diagnosis, in regard to my Child. On behalf of My Parties, I agree to indemnify and hold harmless the Association Parties from and against any and all loss, damage, and liability of whatever type, kind, or nature, past, present, or future, and whether known or unknown, including but not limited to illness, sickness, disease, infestation, personal injury or the death, and damage to the property of any one, all, or a combination of Guardian’s Pet, guardian, or the Releasing Parties arising out of the Services to be provided under this Agreement including, but not limited to, any event Claims that may arise arise, directly or occur at indirectly, as a result of such care and treatment. Furthermore, on behalf of My Parties, I understand and agree that the Facility, whether or not within the control of, and irrespective of the active or passive negligence or, the Indemnified Parties or any one, all, or a combination thereof. Guardian acknowledges, understands, and agrees that Guardian has carefully read this Agreement and the documents incorporated into this Agreement by reference, understand its contents, and understand that this Agreement includes an assumption of the risk of harm or loss due to Wacky Wags negligence and liability. Guardian acknowledges that Wacky Wags is materially relying on this waiver and is allowing Guardian’s Pet to engage in play with other dogs and, if boarding, to stay in the Wacky Wags Facility overnight, if training is provided, to be trained according to Wacky Wags training protocols, and if grooming to be groomed at Wacky Wags. I further represent and warrant above indemnification requires that I have read California Civil Code §1542, which provides as follows: “A general release does not extend remain responsible for any medical bills that may be payable and agree to claims which promptly reimburse the creditor does not know or suspect Association Parties for any expenses related to exist and in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement connection with the debtorsuch treatment.” GUARDIAN, ON BEHALF OF GUARDIAN, AND THE RELEASING PARTIES, EXPRESSLY WAIVES ANY AND ALL RIGHTS AND BENEFITS UNDER CALIFORNIA CIVIL CODE §1542. THIS IS A SPECIFIC RELEASE GIVING UP ALL RIGHTS WITH RESPECT TO THE TRANSACTIONS OR OCCURRENCES THAT ARE BEING RELEASED UNDER THIS AGGREEMENT. Dated: By: , Guardian (Guardian Print Name)

Appears in 1 contract

Sources: Waiver and Release Agreement