🐾 PupTub Club LLC 🐾
RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as "I" or "me") desires to participate in the dog park, dog tubs, cafe (the "Activity") provided by PupTub Club LLC., a Utah corporation (the "Company"; Company and I are collectively referred to herein as the “Parties,” and each a "Party"), at PupTub Club LLC (208 W Lucy Ave., Salt Lake City, UT 84101) and/or PupTub, LLC (3424 E Bengal Blvd., Cottonwood Heights, UT 84121) (the "Premises"). In consideration of being permitted by the Company to enter the Premises and participate in the Activity and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this agreement (this "Release").
1. I am aware and understand that the Activity is a potentially dangerous activity and involves the risk of serious injury, disability, and/or death to myself and/or my dog(s), as well as property damage. I am also aware of the contagious nature of bacterial and viral diseases, including COVID-19 (collectively, the "Disease") and the risk that I may be exposed to or contract the Disease by being on the Premises and engaging in the Activity, which may result in illness, personal injury, psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees or others, including negligent emergency response or rescue operations of the Company. I understand that while the Company has implemented measures to reduce the risk of injury from the Activity and the spread of the Disease, the Company cannot guarantee that I will not be injured or become infected with the Disease while on the Premises or during my participation in the Activity and that being on the Premises and engaging in the Activity may increase my risk of contracting the Disease. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL INJURY, PSYCHOLOGICAL INJURY, PAIN, SUFFERING, DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
2. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company and its officers, directors, manager(s), employees, volunteers, agents, affiliates, subsidiaries, shareholders, members, successors, and assigns (collectively, "Releasees") on account of personal or psychological injury, illness, pain, suffering, disability, death, property damage, or financial loss arising out of or attributable to my being on the Premises or participating 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.
3. I confirm that I: (a) am in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activity; and (b) am not experiencing symptoms of the Disease (such as cough, shortness of breath, or fever, do not have a confirmed or suspected case of the Disease, and have not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having the Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and the Disease while on the Premises or participating in the Activity, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. I will also follow all instructions, recommendations, and cautions of the Company at all times while on the Premises or during the Activity. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activity.
4. I confirm that my dog(s): (a) is in good health and proper physical condition and does not have any medical or other conditions that would impair my dog(s) ability to participate in the Activity; (b) is current on Rabies, Bordetella, and Distemper (DHPP, DHLPP, DA2PP) vaccinations; (c) does not, to my knowledge, have fleas or ticks; (d) has not demonstrated aggressive behavior and/or bitten any person or animal in the past; (e) does not, to my knowledge, have any contagious disease; and (f) is spayed or neutered (if older than 7 months) and not in heat. I acknowledge that vaccinations cover a limited number of disease strains and hereby release the Company from any liability should owners dog be exposed to any diseases while on the Premises. I will provide proof of vaccinations to the premises by uploading vet records to the web portal. I understand that the premises is open to all dog breeds.
5. In allowing my dog(s) on the Premises, I understand and assume the risks associated with and agrees to accept responsibility for any and all problems or damages that may occur, both foreseen and unforeseen, including by way of example and not by limitation the following:
· Ingestion of materials or substrates in an outdoor environment
· Ingestion of human food and/or beverages. Dog owner should never let dogs eat from human dishes, utensils or glasses and should only feed or provide water to dogs from the designated dog bowls provided by the Company.
· Injuries related to outdoor environments/agility equipment
· Potential encounters with wildlife including birds, biting or stinging insects or fleas and ticks
· Skin allergies/hot spots
· Torn toenails
· Cruciate tears/orthopedic problems
· Bite wounds or injuries to dogs or humans
· All other injuries that may be sustained by a dog or human
· Upper respiratory infections/possible contagious infections
· Weather related health issues
6. I shall defend, indemnify, and hold harmless 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 reasonable attorneys' 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 resulting from any claim of a third party related to my being on the Premises or participating in the Activity, including any claim related to my own negligence or the ordinary negligence of the Company.
7. 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. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.
8. I hereby consent to allow my dog(s) to receive medical treatment deemed necessary if my dog(s) is injured or requires 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. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.
9. Notwithstanding any membership agreement by any between the Company and I, this Release constitutes the sole and entire agreement of the Company 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 the Company and me and our respective successors and assigns.
10. 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 Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware 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 Delaware. I hereby consent to the exclusive jurisdiction of such courts and waive and defense of lack of personal jurisdiction.
11. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, AND APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, PARTICIPATION IN THE ACTIVITY.
12. I represent and warrant to the Company that I will comply with the Rules and Regulations for the Activity, a copy of which are attached hereto as Schedule 1. I also agree to the Privacy Policy, a copy of which is attached hereto as Schedule 2.
BY ACCEPTING THE WAIVER ON THE REGISTRATION FORM, 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 THE COMPANY AND THE RELEASEES.
COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect on the Site and Online Platforms includes:
Personally identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us or when you choose to participate in various activities related to the Site and Online Platforms. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site and Online Platforms.
Information our web hosting company automatically collect when you access the Site and Online Platforms, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site.
Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Site [or our mobile application]. We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor, Square, Squarespace, and Gingr, and you are encouraged to review their privacy policy and contact them directly for responses to your questions.
Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Site permission to access this information.
Photos taken around the park of you and your dog, by our staff members or other guests.
Data From Contests, Giveaways, and Surveys
Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.
Use of your information:
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site or Online Platforms to:
Administer sweepstakes, promotions, and contests. Assist law enforcement and respond to subpoena. Compile anonymous statistical data and analysis for use internally or with third parties. Create and manage your account. Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site and Location to you. Email you regarding your account or order. Enable user-to-user communications. Fulfill and manage purchases, orders, payments, and other transactions related to the Site and Online Platforms. Generate a personal profile about you to make future visits to the Site and Location more personalized. Increase the efficiency and operation of the Site and Online Platforms Monitor and analyze usage and trends to improve your experience with the Site and Online Platforms Notify you of updates to the Site and Online Platforms. Offer new products, services, and/or recommendations to you. Perform other business activities as needed. Prevent fraudulent transactions, monitor against theft, and protect against criminal activity. Process payments and refunds. Request feedback and contact you about your use of the Site and Online Platforms. Resolve disputes and troubleshoot problems. Respond to product and customer service requests. Send you a newsletter. Solicit support for the Site and Online Platforms.
We may use photos of you and your dog for client files, advertising/marketing purposes including, but not limited to, print, signage, website, and social media.
MEMBERSHIP AGREEMENT REGULATIONS
By accepting this Agreement on the registration form, the Buyer, who has purchased a membership (Day Pass, Monthly, or Annual) for your dog(s) at PupTub Club, agrees that the membership fees are non-refundable.
Buyer agrees that the membership is not transferable.
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