LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT
The undersigned on behalf of any and all participants authorised or permitted to attend any lessons, agrees to defend, indemnify and hold harmless your Canine Behaviour Practitioner Genny Masterman ISCP.Dip.Canine.Prac of Barking Up The Wrong Tree – Canine Behaviour & Communication Solutions (hereafter referred to as the “RELEASED PARTIES” or “CANINE BEHAVIOUR PRACTITIONER ”) and agents from all liability and damages for any claim, loss, or injury, which may occur or may be alleged to have occurred to any person, animals, or property arising from or related to the training, consultations or lessons. The Client agrees that Canine Behaviour Practitioner, the owners, officers, employees and agents, will not be liable for any injury, death or property damage resulting from the training, counseling, or advice supplied to Client by CANINE BEHAVIOUR PRACTITIONER.
The CANINE BEHAVIOUR PRACTITONER reserves the right to refuse training any dog that is obviously sick, abused, neglected, or overtly aggressive. CANINE BEHAVIOUR PRACTITONER cannot guarantee any individual dog’s ability to learn and/or understand training cues or signals or to desensitize to fear or aggression triggers. Furthermore, the Client agrees that non-compliance with the recommendations of CANINE BEHAVIOUR PRACTITONER constitutes non-liability to the Canine Behaviour Practitioner.
Acknowledgement of Risk. Client is aware of the present and continuing inherent risks of injury, death, and property damage to Client, Client’s Dog(s), and persons and Dogs of third parties that are involved, and those not involved, in the activity of training, including without limitation risks due to dog bite or infectious disease. Client acknowledges that the Dog’s behavior now and in the future is solely Client’s responsibility. Client is voluntarily engaged in training as an activity with knowledge of the known risks and other risks that may result from Dog’s participation in training, including but not limited to injury, death, or property damage from disease, stray dogs, running away, other dogs in training, other animals, or injury, death, or property damage caused by Dog to other dogs, animals or persons.
Assumption of Risk. If Dog causes property damage, or bites or injures any dog, animal or person, including but not limited to the RELEASED PARTIES, during or after the term of this Agreement, Client agrees to assume full responsibility and liability for any injury, death or property damage, and Client agrees to pay all resulting losses and damages suffered or incurred, and to defend, indemnify, and hold harmless the RELEASED PARTIES from any and all resulting claims, demands, lawsuits, losses, costs of expenses, including attorney’s fees.
Release of Liability. Client releases RELEASED PARTIES from all liability to the Client, and Client’s representatives, guardians, successors, assignees, heirs, children, and next of kin for all liability, claims, damage, or demands for personal injury, death, or property damage, to the Client or to the Client’s Dog(s), arising from or related to this Agreement or to participation in training, whether the injury, death, or property damage occurs on or off the training site.
Knowing and Voluntary Execution. Client acknowledges that he or she has carefully read this Agreement, understands its contents, and understands that this Agreement includes an assumption of the risk of Client’s Dog, and a release of the RELEASED PARTIES liability. The undersigned acknowledges that the RELEASED PARTIES are materially relying on this Agreement in allowing the Client to participate in the activity of training. Client acknowledges that CANINE BEHAVIOUR PRACTITONER has not represented, promised, guaranteed or warranted that Dog will never bite, that Dog will not be dangerous or vicious in the future, that Dog will not exhibit other behavioral problems, or that the results of the training will last for any particular amount of time. Only a written instrument signed by both Client and CANINE BEHAVIOUR PRACTITONER may amend this Agreement. The statements contained in the Assessment Intake form are true to the best of my knowledge. I acknowledge that I fully understand the terms and provisions of this Waiver, Assumption of Risk and Agreement to Hold Harmless and that I am setting my hand hereto delivering the same freely and voluntarily and unconditio