Waiver & Release of Liability, Assumption of Risk and Indemnification Agreement* I agree to the Waiver & Release of Liability, Assumption of Risk and Indemnification Agreement.
As a condition for the approval by the City of North Liberty of my application for membership and usage of Red Fern Dog Park, (the “Activity”), I represent that:
I FULLY UNDERSTAND THE NATURE OF THE ACTIVITY, and that the Activity involves risks of serious bodily injury, including permanent disability, paralysis and death, to myself or any persons present under my custody or care (my “Guests”), which may be caused by my own actions or inactions, those of my dog or dogs, those of my Guests, my those of other Activity participants or their dogs, the conditions in which the Activity takes place, or the negligence of the “RELEASEES” named below; and that there may be other risks either not known to me or not readily foreseeable at this time. I acknowledge that if I believe conditions are unsafe, or if any participant or animal present at Red Fern Dog Park poses a threat to my safety, my Guests’ safety, or my dog’s safety, I will immediately discontinue my participation in the Activity.
I HAVE READ AND UNDERSTAND THE RULES FOR THE ACTIVITY, and I will abide by those rules and any instructions given by City staff.
I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY for losses, costs, and damages I may incur as a result of my participation in the Activity.
I HEREBY RELEASE, DISCHARGE AND PROMISE NOT TO SUE the City of North Liberty, its elected officials, officers, agents, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and landlords of premises on which the Activity takes place (each considered one of the “RELEASEES” herein), from all liability, claims, demands, losses, or damages that I or my Guests suffer which are caused or alleged to be caused in whole or in part by the negligence (but not reckless or intentional conduct) of the RELEASEES or otherwise, including negligent rescue operations.
I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each RELEASEE from any loss, liability, damage, or cost which any may incur, if, despite this release and waiver of liability, and assumption of risk, I or anyone on my behalf, makes a claim against any RELEASEE.
I HAVE CONSIDERED that if this waiver of liability was not as broad as it is, the costs of membership would be considerably higher, and as I do not wish to pay a considerably higher cost, I waive the right to bargain for different waiver of liability terms.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, (collectively the “Agreement”), UNDERSTAND THESE TERMS AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, and have signed it freely and without any inducement or assurance of any nature. No Releasee or person on behalf of any Releasee has told me anything that is inconsistent with or contrary to the terms of this Agreement. I understand that, in reliance upon my signature on this form, voluntarily given, I may be permitted to participate in the Activity noted above. I intend it be a complete and unconditional release of all liability to the greatest extent allowed by law. If any portion of this Agreement is held to be invalid, the balance shall continue in full force and effect.
BY CHECKING THE ABOVE BOX, YOU AGREE TO THE TERMS SET FORTH ABOVE. DO NOT CHECK WITHOUT READING.