Liability Waiver | Fetch & Flex

WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK

I, the undersigned individual executing this Waiver and Release, Assumption of Risk (this “Release”) hereinafter referred to as “I” or “me” desire to participate with my canine, _____________________ [Canine Name], in the canine fitness training and rehabilitation services provided by Fetch and Flex, LLC, an Alabama limited liability company (“Fetch and Flex”). In exchange for the opportunity to participate with my canine in the canine fitness training and rehabilitation services, I agree to all the terms and conditions set forth in this Release.

Services. Fetch and Flex provides to clients and their canines the following canine fitness training and rehabilitation services: companion canine initial evaluations, working/sport canine initial evaluations, laser therapy, soft tissue massage, stretching, Pulsed Electromagnetic Field therapy, private one-on-one training and group classes, sport training (for Barn Hunt, Nosework, Shed Hunt, Tracking, and NASDA), mobility assessments, and client education (the “Services”).
Assumption of Risk. I am aware and understand that the Services provided by Fetch and Flex involve the risk of personal injury, pain, suffering, property damage (including harm to my canine), and/or financial loss, and that participating in the Services is a potentially dangerous activity. I acknowledge that the injuries I may sustain or the damage that may be made to my property (including harm to my canine) may result from or be compounded by the actions, omissions, or negligence of Fetch and Flex or its employees, volunteers, agents, and affiliates. I understand that my participation in the Services may cause unforeseen damage to me or my canine. I acknowledge that canines are animals with their own will and drives that may exhibit unpredictable behavior, and therefore, regardless of training, handling, or environmental circumstances, Fetch and Flex cannot protect against every potential injury, risk, or accident to me, to other persons participating in the training or on the property where the training is taking place, or to the canine participants. These may include canine attacks, canine bites, and the responsive actions and complications that may arise from them, and I understand and acknowledge that such risks are inherent and cannot be eliminated. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE SERVICES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE (INCLUDING HARM TO MY CANINE) ARISING FROM MY PARTICIPATION IN AND RECEIPT OF THE SERVICES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF FETCH AND FLEX OR OTHERWISE.
Release. I hereby expressly waive and release any and all claims, now known or hereafter known, against Fetch and Flex, and its officers, manager(s), employees, agents, affiliates, volunteers, members, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage (including harm to my canine) arising out of or attributable to the Services or my participation in the Services, whether arising out of the ordinary negligence of Fetch and Flex or any Releasees or otherwise. I covenant not to make or bring any such claim against Flex and Fetch or any other Releasee, and forever release and discharge Fetch and Flex and all other Releasees from liability under such claims.
Indemnification. I agree that I am and will be responsible for my conduct and the conduct of my canine and others accompanying me (including minor children) at all times. I shall defend, indemnify, and hold harmless Fetch and Flex 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, arising out or resulting from any claim of a third party related to my participation or my canine’s participation in the Services, including any claim related to my own negligence or the ordinary negligence of Fetch and Flex.
Participant Covenants; Safety.
1. Conduct, Equipment, and Safety Rules. I agree to keep my canine under control at all times and follow all instructions from Fetch and Flex. I agree to use the equipment recommended by Fetch and Flex and to maintain such equipment in good working condition. I agree to comply with all posted signs, rules, and applicable laws, including all property lines of Fetch and Flex. I understand and acknowledge that Fetch and Flex may remove me or my canine from participation if, in their sole judgment, safety or welfare is at risk. I understand and accept that results of the Services are not guaranteed and depend upon consistent practice.
2. Aggressive, Fear Aggression, Fractious Canines. I understand that when Fetch and Flex staff work with a highly stressed or aggressive/fractious canine for the first time, it may take more than a single session to be able to achieve a safe training relationship. I agree to inform Fetch and Flex staff if my canine has ANY history of aggression toward people, including growling, biting, scratching, or attacking. I understand that once informed of an aggressive/fractious history, Fetch and Flex will provide me with information about how the Fetch and Flex staff approach training sessions in a way that is in the best interests of my canine and the people in proximity.
Photographic Release. I understand and agree that during my participation in the Services, I or my property (including my canine) may be photographed or videotaped by Fetch and Flex for internal and/or promotional use. I hereby grant and convey to Fetch and Flex all right, title, and interest, including but not limited to, any royalties, proceeds, or other benefits, in any and all such photographs or recordings, and consent to Fetch and Flex’s use of my or my property’s (including my canine) name, image, likeness, and voice in perpetuity, in any medium or format, for any publicity without further compensation or permission.
Miscellaneous. This Release constitutes the sole and entire agreement of Fetch and Flex and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of Fetch and Flex and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Shelby County, Alabama, and I hereby consent to the exclusive jurisdiction of such courts.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FETCH AND FLEX. I ACKNOWLEDGE AND HEREBY CERTIFY THAT I AM THE OWNER OR DULY AUTHORIZED AGENT FOR THE OWNER OF ANY ANIMAL FOR WHICH I REQUEST THE SERVICES. I HEREBY GIVE FETCH AND FLEX AND ANY EMPLOYEE OR REPRESENTATIVE THEREOF FULL AND COMPLETE AUTHORITY TO PROVIDE ANY AND ALL CANINE FITNESS TRAINING AND REHABILITATION SERVICES.