Detection K9, Inc. Assumption of Risk, Waiver of Liability & Indemnification Agreement
For Participation in Detection K9, Inc. Training Classes and Seminars
The undersigned participant (“Participant”) desires to participate in certain training classes and/or seminars with Detection K9, Inc. at 1382 Strasburg Rd, Front Royal, Va. 22630 and certain other locations (the “Premises”). The Participant desires to participate in such classes and bring his/her dog to participate in the class. The Participant is aware of the inherent risks of injury, death, and property damage to the Participant, his or her dog, and of such other dogs and participants at any such event, including, but not limited to dog bites, dog fights, infectious disease and emotional damage of the Participant and other participants in witnessing or dealing with such actions. The Participant is also aware the control and actions of one’s dog is his/her sole and exclusive responsibility, and neither Detection K9, Inc., nor its owners, officers, directors, contractors, employees, or agents (individually and collectively “DK9”) have any responsibility to monitor or control Participant’s dog. Therefore, as a condition to participate in such classes, the Participant hereby voluntarily signs this agreement – understanding the Participant can withdraw from participation in any class at any time the Participant feels the Participant or his/her dog is at risk. The Participant acknowledges that any behavior modification and/or training program involves risk and is not guaranteed to eliminate behaviors due to the variety of factors that influence behavior.
In return for being allowed to participate in DK9 classes, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Participant hereby agrees as follows:
1. Participant warrants and represents that Participant’s dog (unless trained as a protection dog to act under Participant’s control) has not bitten, attacked or shown aggressive behavior towards people or dogs and hereby agrees to indemnify, release and hold DK9 harmless from any and all damages associated with Participant’s participation in the class, including any and all damage caused by Participant’s animal to DK9, the other participants and/or the other participants’ dogs at any such event. Such indemnification shall include, but not be limited to, reasonable attorney fees and costs incurred by DK9 in addressing any such matters or enforcing the terms of this agreement.
2. Participant hereby agrees Participant is solely responsible for Participant’s dog’s actions in any such classes and is solely responsible for the same.
3. Participant agrees to not bring a claim against DK9 for any action released hereunder and, in any such event, agrees that such a claim shall be limited to, and not exceed, the cost of the class and/or seminar.
4. If Participant breaches this agreement, Participant shall be liable for damages and costs to DK9, including reasonable attorney fees and costs.
Health. The Participant represents and warrants that its animal that will be involved in the training and/or seminar is up to date on all immunizations, including, but not limited to, rabies, DHLPP and Bordetella, and has not been deemed a “dangerous dog” or “vicious dog” as defined under Virginia Code Section 3.2-6540 and -6541 (as amended) or any other provision of Virginia law. The Participant has been advised to consult with his/her veterinarian regarding health risks involved with regard to the Participant’s animal being exposed to other animals. Detection K9, Inc. makes no representation about the health status of any other animals at training or seminar events and is not responsible for any damages or injuries that may result from the same.
The Participant acknowledges that he or she is over the age of 18 and is the owner/custodian of any animal brought to the training or seminar, has knowledge of the animal’s health and has carefully read this agreement, understands its contents, and understands that this agreement includes an assumption of risk of the RELEASED PARTIES’ negligence and a release of their liability. The Participant acknowledges that the RELEASED PARTIES are materially relying on this waiver in allowing the Participant to engage in training and/or training class activities. The Participant is signing this agreement of his/her own free will and without any compulsion.
This agreement is binding on the parties, their successors, heirs and assigns. This agreement shall be construed under the laws of Virginia, and venue (for purposes of resolving any dispute) shall be in Warren County, Virginia. This agreement represents the entire agreement among the parties with respect to the subject matter contained herein and may not be amended except in a writing signed by all the parties.