Park Waiver & Release
DOG PPL
DOG PPL LIABILITY WAIVER AND RELEASE AGREEMENT
I, as the human owner of Member, or any human otherwise authorized as a registered contact on human owner’s Dog PPL account (each, an “Owner ”), or any other guest of an active Member (“Guest”), wish to visit a Dog PPL, Inc., (“Dog PPL”) members only dog park (“Park”). As used herein, “Member” refers to a human Owner’s dog(s) with an active membership to the Park. Both Owners and Guests will be collectively referred to herein as “Humans”.
BY EXECUTING THIS AGREEMENT, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY ENTERING THE PARK, UNDERSTANDING THE RISK INVOLVED, INCLUDING WITHOUT LIMITATION, IF I AM AN OWNER, THE RISK TO MEMBER, AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY PRESENCE AT THE PARK, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF DOG PPL OR OTHERWISE. I ACKNOWLEDGE THAT BY EXECUTING THIS AGREEMENT, I AM WAIVING (I) ALL LIABILITY (INCLUDING, IF I AM AN OWNER, ANY LIABILITY ARISING FROM HARM TO A MEMBER), AND (II) THE ABILITY TO BRING A CLAIM AGAINST DOG PPL IN CONNECTION WITH ANY VISIT TO THE PARK, SPONSORED EVENT, OR ANY OTHER SERVICES OFFERED BY DOG PPL.
In consideration of the right to enter the Park or engage in any other services offered by Dog PPL, I hereby agree to the following Dog PPL Liability Waiver and Release Agreement (the “Agreement”):
1. I acknowledge that the safety of all Members (and Humans) at the Park is of paramount importance. For this reason, I agree to follow all safety instructions and guidelines provided by Dog PPL, including the Code of Conduct included as Exhibit A. Dog PPL reserves the right to remove any Member (and the accompanying Human(s)) at any time, from participating in any or all programs and activities at the Park if Dog PPL feels continued participation by Member will jeopardize the safety or well-being of other members or Humans. If any injury or loss to a third party occurs due to a Human’s intentional or negligent actions, Human agrees to accept liability for and repair, or make reparations for, the harm done. Human Owners further agree to take full and financial responsibility for any damage or injury caused directly by the behavior of Member to another dog, person or property.
2. In case Member becomes ill or injured while at the Park, or becomes involved in an altercation with another member, if I am the Owner, I hereby authorize Dog PPL and any of its employees, contractors, agents, representatives, or volunteers acting on its behalf to intervene, or, contact, provide, and/or secure emergency medical care for Member by a vet, or other emergency medical personnel if they deem it necessary in their sole determination, and I, as Owner, hereby agree to pay all veterinary charges required to properly treat Member’s injury. I agree that Dog PPL is under no obligation to secure medical care for Member, and will do so at Dog PPL’s sole discretion.
3. As an Owner, I hereby acknowledge and agree that there are risks associated with any off leash, cage free, socialization environment and I willingly accept these risks. Without limiting the foregoing, I agree to the following:
- I understand it is possible that during the course of normal socialization or play, Member may receive nicks, scrapes, scratches, punctures, cuts and other injuries at the Park.
- Due to the outdoor nature of the Park, Member may ingest objects or materials located at the Park, encounter wildlife (e.g., stinging insects), and/or incur weather-related injuries or health issues.
- While Dog PPL requires that all members are up to date on vaccines, there are some viruses and parasites that cannot be fully vaccinated against and Member may be exposed.
- Due to excessive running and playing outdoors, Member may sustain injuries, including without limitation, cruciate ligament injuries, and sore paws/pads.
- The Park is secured with gates, nevertheless I understand that I am responsible for monitoring Member’s entry to, and exit from, the Park and will not hold Dog PPL liable for Member’s safety or security.
4. I AM AWARE AND UNDERSTAND THAT ENTERING THE PARK AND, IF I AM AN OWNER, MEMBER’S ENGAGEMENT IN SOCIAL PLAY AT THE PARK, IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE TO MEMBER AND TO HUMAN. HUMAN ACKNOWLEDGES THAT ANY INJURIES OR ILLNESSES THAT HUMAN SUSTAINS, AND IF HUMAN IS AN OWNER, INJURIES OR ILLNESS THAT MEMBER SUSTAINS, MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF DOG PPL, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF DOG PPL. HUMAN HEREBY WAIVES, RELEASES, AND FOREVER DISCHARGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DOG PPL, ITS OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND VOLUNTEERS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES AND CLAIMS OF DAMAGES, FOR ANY AND ALL CLAIMS BASED ON, RELATED TO, OR ARISING FROM HUMAN’S OR MEMBER’S VISIT TO THE PARK, OR ANY PARTICIPATION IN DOG PPL’S PARK ACTIVITIES OR PROGRAMS. WITHOUT LIMITATION, I HEREBY WAIVE AND RELEASE DOG PPL FOR DEATH, DISABILITY, PERSONAL INJURY OR PROPERTY LOSS, OR DAMAGE WHICH I, AND IF I AM AN OWNER, MEMBER, MAY HAVE OR WHICH MAY ACCRUE TO HUMAN OR MEMBER, INCLUDING AS THE RESULT OF EMERGENCY CARE SECURED. I further covenant not to sue or make any claim against any of the Released Parties now or in the future arising out of or in any way related to participation in Dog PPL-related activities.
5. I hereby irrevocably authorize (i) Dog PPL, (ii) any third party designated by Dog PPL, or (iii) any other Human at the Park to photograph, film and otherwise record (a) Member (if I am an Owner), and (b) me and my likeness and voice, create still and video images of me and my likeness, to record, use, and to display my likeness and voice in connection with my presence at the Park or other sponsored events, including, without limitation, any film projects or compilations created by Dog PPL and other third parties (collectively, “Recordings”) without further compensation, further permission, and/or right to review.
I grant to Dog PPL a fully paid-up, royalty free, perpetual, irrevocable, worldwide, transferable, non-exclusive and fully-sublicensable through multiple tiers of sublicensees, right and license to digitize, modify, alter, edit, adapt, create derivative works, display, publicly perform, exhibit, transmit, broadcast, reproduce, exploit, sell, rent, license, otherwise use and distribute, and permit others to use and distribute the Recordings, including my image, likeness, appearance, and voice as they appear in the Recordings (or, that of a Member if I am the Owner), for any purpose whatsoever, including, without limitation, in any present or future promotion and advertising of Dog PPL or our Park in any medium or format whatsoever whether now existing or hereafter created. This Agreement applies to all Recordings, made by or on behalf of Dog PPL and to all reproductions, derivatives, and modifications of such Recordings. I acknowledge that Dog PPL may create materials (including, without limitation, promotional materials), incorporating the Recordings (the “Dog PPL Materials”), and I grant Dog PPL the right to incorporate the Recordings to create such Dog PPL Materials. Dog PPL has the sole discretion in determining the extent of the use, retention, disclosure, display, distribution and exhibition of the Recordings, including the Dog PPL Materials. I waive any right of pre-inspection and/or pre-approval of use of the Recordings and the Dog PPL Materials.
6. I further agree to indemnify, defend, and hold the Released Parties harmless against any claims by persons or entities that are based on, related to or arising from my visit to, or attendance at an event at, the Park, or participation in any Dog PPL-related activities.
7. This Agreement shall be construed in accordance with the laws of the state of California without reference to its conflicts of law principles. The undersigned expressly agrees that the assumption of risk, releases, waivers and indemnities provided herein are intended to be as broad and inclusive as permitted by California law. Dog PPL may transfer and assign this Agreement or any or all of its rights or privileges hereunder to any entity or individual without restriction. This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof and may not be amended without the prior written agreement of both parties. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement cannot be terminated, rescinded or amended, except by a written agreement signed by Dog PPL.
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND THAT IT IS AN AGREEMENT TO INDEMNIFY DOG PPL AND THE OTHER RELEASED PARTIES, A RELEASE OF LIABILITY, AND A PROMISE NOT TO SUE OR MAKE A CLAIM. I AM OF A SUFFICIENT LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND I AM AWARE THAT THIS AGREEMENT IS A CONTRACT BETWEEN DOG PPL AND ME, AND THAT I, OR THE MEMBER ON WHOSE BEHALF I AM SIGNING THIS RELEASE, CANNOT VISIT THE PARK AND PARTICIPATE IN EVENTS AT THE PARK UNLESS I ENTER INTO THIS AGREEMENT, WHICH I AM DOING OF MY OWN FREE WILL.
Exhibit A
Code of Conduct
Our Code of Conduct governs current and future behavior and interactions between or otherwise involving Humans at any of our Park locations or at any events hosted or sponsored by Dog PPL. Any capitalized terms used, but not defined in this Code of Conduct will have the meanings ascribed in the Membership Agreement located at https://www.dogppl.co/membershipagreement
Human guests at our Parks are expected to be respectful of other humans, members (i.e., dogs), and our staff (including Rufferees) at all times. Dog PPL may suspend or terminate any membership, or ask you to leave our Park for engaging in any abusive, harmful, lewd, vulgar, harassing, or other unreasonably irritating or bothersome behavior, as determined by Dog PPL in its sole discretion. Without limiting the foregoing, we expect all humans to embody and uphold community values while at our Parks and to adhere to the following guidelines:
SPENDING TIME AT OUR PARKS. As described in our Membership Agreement, our Parks are equipped with Wi-Fi and seating areas for our Human guests to relax and enjoy the social environment, or to catch up on work. As a courtesy to all Human guests, please limit your working time here to no more than 60 minutes. We are not a substitute for a co-working space, or your home office, but we are indeed all about your own productivity while members play.
AGE POLICY. For the safety of our members and human guests, we do not allow Humans under the age of sixteen (16) to enter the Park.
SMOKING POLICY. The Park is a no-smoking, no-vaping space. Please refrain from smoking or vaping any substance while you are at the Park.
ILLEGAL DRUGS/SUBSTANCES. No Human guest may purchase, use, ingest, possess, sell or otherwise distribute illegal drugs or other substances for abuse, or attempt to do any of the same from any other human guest or Rufferee while at the Park or a Dog PPL sponsored event. If a Human is intoxicated and unable to walk in Dog PPL’s sole discretion, such Human will be sent home in a taxi or other form of independent transportation.
SOLICITATION. You may not solicit other Humans directly for sales of services or products while at the Park, or during any other Dog PPL Services unless invited to do so. For the avoidance of doubt, “solicitation” includes solicitation for profit, political purposes or any other reason; use of petitions; distributing or posting leaflets, notices or advertising in any Dog PPL premises; or leaving multiple copies of leaflets or other papers in any such premises.
INTERACTIONS. You are solely responsible for your interactions with other humans at the Park, or in connection with events or Services offered or sponsored by Dog PPL. Dog PPL reserves the right, but has no obligation, to intercede in disputes. When interacting with others, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know.
INCLUSION. Discrimination and harassment have no place at Dog PPL, and any behaviors that threaten the sense of dignity, well-being, and safety of our members, Human guests, or staff, will not be tolerated. Discrimination and/or harassment that are rooted in (but not limited to) racism, sexism, transphobia, ableism, xenophobia, anti-semitism, ageism, heterosexism/homophobia, classism, sizeism/fatphobia, colorism, and islamophobia threaten our core values and will not be tolerated.
FOOD AND BEVERAGES; TREATS. We offer a curated menu of food and beverages for purchase at our café. Outside food, outside drinks, or any glass containers to the Park, are strictly prohibited.
OUTSIDE TREATS AND TOYS. For the safety of our members, please refrain from bringing any outside treats or toys to the Park.
The guidelines listed above are baseline expectations for our community and should be followed at all times. We reserve the right to terminate any membership or suspend your access to the Park if any of the above guidelines are not being followed. Dog PPL management staff has the right to refuse service to any guest for any reason, except where prohibited by law.
