CANINE COMPANIONS®
LIABILITY AND PUBLICITY RELEASE
I wish to participate in Canine Companions® DogFest (the “Activity”). In consideration of my participation in the Activity and as a condition thereof, I agree to this Liability and Publicity Release (this “Release”).
This Release is made in favor of Canine Companions, a California nonprofit public benefit corporation (“CC”), any sponsor of the Activity, and each of their respective directors, officers, employees, representatives, and volunteers (CC and all such persons are collectively referred to as the “Released Parties”). My heirs, next of kin, distributees, guardians, devisees, conservators, executors, administrators, legal representatives, and assigns are collectively referred to as my “Survivors.”
On behalf of myself and my Survivors, I acknowledge and agree as follows:
1. Acknowledgment of Risk; Voluntary Participation. I am aware and understand that participating in the Activity has inherent risks and that these risks cannot be eliminated, altered, or controlled regardless of the care used, the skill or experience possessed, or the precautions taken (in each case, if any) by me or anyone else, including the Released Parties. I am aware of the risks involved with the Activity. I am aware that the Activity may involve walking or running with a dog in close proximity to other persons walking or running with a dog. I understand that animals are unpredictable and potentially uncontrollable. Dogs, even those that are well trained and appear calm and docile, may bite, scratch, bark, growl, run or jump without warning and without apparent cause, and may cause harm to persons or property. Dogs may also carry diseases that may be potentially harmful or fatal to other dogs or humans. I am further aware that the Activity will take place outside where I will be exposed to uncontrollable elements, such as, for example, heat, humidity, cold, wind, and rain, and on potentially uneven surfaces where I may trip and fall. I understand that my participation in the Activity may result in strains, sprains, scrapes, bruises, fractures, dehydration, dog bites or attacks, concussions, illness and/or death and/or damage to my or others’ belongings. I voluntarily elect, with knowledge of the risks involved, to participate in the Activity.
2. Assumption of Risk. I accept and assume any and all risks, damages, and hazards associated, directly or indirectly, with my participation in the Activity, whether known or unknown, including the possibility of physical or psychological injury, illness, disability, death, property damage or other physical or financial loss arising therefrom of any nature whatsoever, whether foreseen or unforeseen (all such risks, damages, and hazards, whether sustained by me, the Released Parties or others, are collectively referred to as the “Risks and Losses”), whether caused by the action, inaction or active or passive negligence of me, any of the Released Parties, or otherwise.
3. Liability Release. I release, forever discharge, and will hold harmless the Released Parties, and each of them, from any and all claims, actions, demands, rights, causes of action (specifically including those pursuant to California Civil Code Section 3342 concerning liability for dog bites), losses, liabilities, costs and expenses, including attorneys’ fees (all such claims and liabilities are collectively referred to as the “Claims”), arising from or in connection with any of the Risks and Losses that may actually be sustained or suffered by me or by any other person (including any of my Survivors) as a direct or indirect consequence of my participation in the Activity, whether caused by the action, inaction or active or passive negligence of me, any of the Released Parties, or otherwise. I agree that neither I nor any of my Survivors will make a claim against, sue, attach the property of, or demand compensation or indemnity from any of the Released Parties in connection with any such Claims and hereby waive all such Claims.
4. Publicity Release. I hereby give my consent, to the extent permitted by law, to CC and any sponsor of the Activity to use and publish (worldwide and via the Internet) my and/or my dog’s likeness, portrait, image, picture, name, performance, recording and/or voice as photographed and/or recorded by it for marketing, awareness, fundraising or other purposes without notification, review or approval, and without additional consideration.
5. Governing Law; Severability. This Release will be governed by and construed according to the laws of the State of California, without reference to principles of choice of law thereof. If any term or provision of this Release is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof will be stricken from this Release, and such provision will not affect the legality, enforceability, or validity of the remainder of this Release. If any provision or part thereof of this Release is stricken in accordance with the provisions of this paragraph, then the stricken provision will be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible. This Release will survive the completion of the Activity and will continue in full force and effect thereafter.
I agree to this Release with the full knowledge that neither CC nor any of the Released Parties assumes any responsibility for any Risks and Losses to me, my Survivors or to any third party as a result of my participation in the Activity, and that my participation in the Activity is conditioned upon my acceptance of the full and complete responsibility for any such loss, damage, claim or liability.
I have read this Release carefully and fully understand all its terms and provisions. I have knowingly and voluntarily agreed to this Release understanding the risks to me and have done so of my own free will, without relying on any statement or representation of any of the Released Parties. I understand that this is the entire agreement between me and the Released Parties with respect to the subject matter hereof and that that this agreement cannot be modified or changed in any way by oral statements by any of the Released Parties or by me. I understand that, in the event of any litigation against the Released Parties, this Release may be raised as a defense and bar to, and as a waiver and release of, legal rights that might otherwise be asserted by me or by my Survivors.
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