Folded Ear Dog Park

Waiver/Release

Welcome to Folded Ear! You and your dog(s) and any guest with you, use this facility at your own risk. You are solely responsible for supervising the dogs you bring while using the park and deciding if this is an appropriate activity space. Understandably, not all hazards associated with dog activities can be foreseen. There are certain risks inherent to dog and/or outdoor activities. It is impossible to guarantee absolute safety while using the dog park.

Please read this form and be aware that, to use this facility *(*facility includes the dog park and surrounding areas) you assume the full risk and legal liability for all actions and damages, or impact from the actions of your dog and yourself. You waive and release all claims for injuries, damages, or loss you, your dog, or someone accompanying you might sustain as a result of using this facility.

GUEST WAIVER AND RELEASE In order to use a park, you are required to accept this Release and Waiver, which is effective between you and Folded Ear LLC as of the date when you first book or use of a park, whichever happens first. You represent that you are 18 years of age or older. If you are bringing a minor as a Guest, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration time at a park, and have read this Release and Waiver and agree to it on the minor's behalf. If you are booking a park on behalf of other Guests, you will ensure, and you represent and warrant, that each Guest on whose behalf you book has read and agreed to this Release and Waiver, which shall apply to each of them as if the reference to "you" was a reference to him/her/they.

Assumption of Risks You understand and acknowledge that using a park may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death, to you or your dog. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF USING A PARK, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF FOLDED EAR LLC OR LANDLORD, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES AT THE PARK, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR USE OF THE PARK.

Release and Waiver You acknowledge and agree that: You have reasonably assessed the risks involved in using a park and have made an informed and voluntary choice to participate. You alone are responsible for determining your fitness and your pet's fitness for using a park and your ability to fully understand any directions or warnings presented. You will not use any park when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely using that park. You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for using a park. If you notice any hazard at a park, you will stop using the park immediately.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE FOLDED EAR LLC, ITS EMPLOYEES AND LANDLORD FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR USE OF A PARK, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

You intend this Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect.

Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOLDED EAR PROVIDE A PARK “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOST(S) EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.

Indemnification You agree that if, despite this Release and Waiver, you or anyone on your behalf make a claim against the Host(s) relating to an Experience, you will indemnify and hold the Host(s) harmless from any liability, demand, loss, damage, or costs which the Host(s) may incur as the result of such claim.

I HAVE READ AND UNDERSTAND THE ABOVE INFORMATION, RISK AND WAIVER AND RELEASE OF ALL CLAIMS. I AGREE TO ABIDE BY ALL RULES OF FOLDED EAR LLC, RELATED FACILITIES AND LANDLORD.