Emancipet
Event Participation and Liability Waiver Agreement
Emancipet, Inc. (“Emancipet”) is looking forward to your participation in the Paws & Plates Pupper Club on May 9, 2024 (the “Event”).
This Participation and Liability Waiver Agreement (“Agreement”) explains possible risks and includes liability waivers, consents, and other legal agreements on your part. Please read carefully and sign where indicated to confirm your understanding and agreement. By signing, you acknowledge you are entering this Agreement in consideration of your participation in the Event.
Risk Associated with the Event
I understand that the Event will not be free from risks. The Event will be held in outdoor and indoor spaces open to the public and will be attended by many persons and their pets, including dogs of various sizes and dispositions. Dog behavior is unpredictable and may change at any time without warning. Dogs will likely interact and when they do so in groups, there is a known and assumed risk that injuries may occur. As such, I understand that participation in the Event creates risks, and that these risks to myself and my pet include risks of bodily injury (such as scratches, cuts, food poisoning or interactions, fractures), cardiac events, death, and property damage.
Awareness and Assumption of Risk
I understand the information above and confirm and acknowledge the risks associated with the Event. With such information and awareness, and with the recognition that other factors may create additional such risks, I knowingly, freely, and voluntarily: (a) register for the Event; (b) participate in the Event; and (c) assume and accept the risks of all injury, death, property damage or loss, financial obligation, loss of privacy, loss of reputation, and all other injuries and other consequences, whether known or unknown, whether foreseen or unforeseeable, that may result, directly or indirectly, from my and my pet’s participation in the Event, regardless of the cause.
Miscellaneous Pet Owner Agreements
In addition to the assumption of risk outlined above, and the agreements contained further below, I agree as follows:
I am the owner, or the fully authorized agent for the owner, of the pet that I bring to the Event and that I have the authority to sign this Agreement.
I agree to keep my pet on a leash and under control at all times.
To my knowledge, my Pet has not been exposed to any contagious diseases within a 30-day period prior to the event. [Because there will be many opportunities for dogs to interact with one another and people, Emancipet strongly encourages you to ensure your pet is up to date on their rabies, DHPP, and Bordetella vaccines prior to the Event. You can get your pet vaccinated at any Emancipet location.]
I agree to exercise care and responsibility for my pet throughout the Event.
I agree to be solely responsible for all acts or behavior of my pet while at the Event, including payment of costs for injury to staff or other animals or damage to facilities caused by my pet.
I attest to the accuracy of all information provided, both in writing and orally, about my pet.
I acknowledge and agree that Emancipet reserves the right to deny service or to remove any pet from the Event for any reason and at any time.
Liability Waiver and Release
I waive and release Emancipet and its directors, officers, agents, employees, volunteers, and affiliates (collectively, “Emancipet Parties”) from any and all liability, claims, costs, and expenses of any kind and of whatever nature which I or my heirs, next of kin, or legal representatives may have or which may later accrue, caused by or arising directly or indirectly from my participation in the Event, including, without limitation, any injuries to persons or animals suffered while participating in the Event, and any property damage that may occur as a result of me or my pet engaging in the Event. This release and waiver includes, in each such case, all claims in respect of the risks noted above, known and unknown, foreseen and unforeseeable, regardless of the cause or whether such claims arise from tort, contract, or otherwise, and even if caused by negligence, whether passive or active. I will not sue any of the Emancipet Parties on the basis of these waived and released claims. I waive all relevant protections under state law.
Indemnification
I further agree to indemnify the Emancipet Parties from and against any and all losses, expenses, claims, suits, demands, judgments and causes of action of any nature arising from or as a result of 1) my or my pet’s acts, omissions, or participation in the Event; 2) my failure to inform Emancipet of any condition or predisposition my pet may have (such as illness or aggression problems); or 3) my failure to comply with obligations or any terms of this Agreement.
Medical Care Consent
I understand that I am solely responsible for knowing my own and my pet’s physical condition and needs, food allergies, and making my own decision about participation in the Event. I further understand that Emancipet is not responsible for my medical care or veterinary care for my pet.I understand that I am solely responsible for any costs related to any and all medical treatment and transport for myself and my pet.
Use by Emancipet of My Name and Image
I understand that Emancipet may take photos or videos of me and my pet during my participation in the Event. I consent to the use by Emancipet of the image, voice, name, works, and/or story of me and my pet in any format, including video, print or electronic (collectively, the “Materials”), as Emancipet may deem appropriate for program, archival, promotional or other purposes. I waive any right to inspect or approve the Materials, to receive any payment, and I grant Emancipet all copyrights in and waive any legal claims relating to the Materials.
Arbitration Clause
I agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or as the result of any claim or controversy involving the alleged negligence by any party to this Agreement, shall be submitted to binding arbitration according to the rules of the American Arbitration Association, and judgment upon the award rendered by an arbitrator may be entered in any Court having jurisdiction thereof. The arbitrator shall, as part of the award, determine an award to the prevailing party of the costs of such arbitration and reasonable attorney’s fees of the prevailing party. The arbitrator(s) shall apply the law of the state and locality where the Services were provided to the merits of any dispute or claim. I hereby consent to the personal jurisdiction of and federal courts within the State of Texas and agree that such courts shall have the sole and exclusive jurisdiction for any action or proceeding arising from or relating to this Agreement or relating to any arbitration in which the parties are participants; however, nothing herein shall diminish my express intent that arbitration shall serve as the sole and exclusive forum for resolution of all such disputes to the maximum extent allowed by law. I acknowledge that this arbitration clause constitutes a waiver of my rights to a jury trial and relates to the resolution of all disputes relating to all aspects of the relationship between myself and Emancipet.
Whom this Affects; Binding Effect
This Agreement will be legally binding not only on me but also on my heirs, next of kin, and legal representatives, and will run in favor of, and may be enforced by, each of the Emancipet Parties. It will be binding to the fullest extent permitted by law.
General Provisions
If any provision of this Agreement is found to be illegal, invalid, or unenforceable, the remaining terms will be effective. This Agreement will be governed by Texas law.
I affirm that I am of legal age (over 18 years) and am freely signing this Agreement. I have read this Agreement and fully understand that by signing this Agreement, I am giving up legal rights and/or remedies that may be available to me.