I, [Customer Name - written in the above "first name" and "last name" field], along with my pet(s), desire to participate in the Rowell Ranch Rodeo Parade in Castro Valley on May 14, 2022, (the “Activity”) with Classy Canine’s Wiggle Rumps, a California Limited Liability Company located at 2602 Castro Valley Blvd.,California 94546 (the “Company”). In consideration of being able to voluntarily participate in the unpaid Activity with the Company, and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this Liability Waiver & Release Agreement (the “Release”).
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND MAY INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, PROPERTY LOSS, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, PROPERTY LOSS, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
1. Release of Claims. I hereby expressly waive and release any and all claims which I may have, or may hereafter have, whether known or unknown, against the Company, and theirofficers, directors, managers, employees, agents, affiliates, successors, and assigns (collectively, “Releasees”), on account of any injury, disability, death, property loss, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be released by agreement.
2. Indemnification of Third-Party Claims. I shall indemnify the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by or awarded against the Company or any other Releasees in a final judgment, arising out of or relating to any claim of a third party to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of the Company. The Company may select their own legal counsel to represent their interests. I shall give Company prompt written notice of any proposed settlement of a claim that is indemnifiable under this Release.
3. Medical Treatment. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.
4. Modification. The provisions of this Release can only be modified by a written instrument executed by an authorized agent of the Company.
5. Severability. If any part of this Release is found to be void by law, the remaining provisions of this Release will nevertheless be binding with the same effect as though the void portions were deleted.
6. Governing Law. The construction and meaning of the terms and provisions of this Release will be interpreted in accordance with the laws of the State of California.
7. Binding Effect. This Release is binding on, and shall inure to the benefit of, the Company and me and my heirs, administrators, representatives, executors, successors and assigns.
I HAVE BEEN MADE AWARE OF, AND UNDERSTAND, THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 AND HEREBY EXPRESSLY WAIVE ANY AND ALL RIGHTS, BENEFITS, AND PROTECTIONS OF THAT STATUTE, WHICH PROVIDES:
“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.”
Cal. Civ. Code §1542.
I affirm that my pet participating in the Activity with me is well socialized with both humans and other pets. Should my pet(s) cause any harm to the Company or any third parties during the Activity, I will release and hold harmless Company from any and all liability as a result of any injuries and/or damages suffered or incurred as a result of my pet(s).
By voluntarily signing this agreement, I agree to waive any present or future claims, including those claims that may be unknown to me, or which I do not suspect to exist at this time,and will release and hold harmless Company from any and allliability as a result of any injuries and/or damages suffered or incurred while participating in the Activity with Company, for any reason. I have read and fully understand this Release as set forth above and understand that I have given up substantial rights by signing it.