MEMBERSHIP TERMS & CONDITONS/WAIVER AND RELEASE OF LIABILITY
THIS AGREEMENT is entered into by and between DOGWOOD INPARK, LLC D/B/A DOGWOOD PLAY PARK (“Dogwood”) and Owner/Attendee (“Owner”):
1. By attending with the named and described dog(s), I represent that I am the legal owner of the named dog(s) and I assume all risks, dangers and responsibility for injuries to the named dog(s). Owner understands and agrees that Owner is solely responsible for any harm to Owner or Owner’s dog(s) while Owner’s dog(s) is/are attending Dogwood. Owner is aware that Dogwood is designed to exercise dog(s) via play with other dogs, oversized steps, inclines, obstacles, concrete and asphalt flooring and that Dogwood assumes no liability for any injuries sustained to Owner or Owner’s dog(s).
2. Owner understands and agrees that during normal dog play, Owner’s dog may sustain injuries. All dog play is monitored by Dogwood to avoid injury, but scratches, punctures, torn ligaments, and other injuries may occur despite the best supervision.
3. All dogs must pass a general behavior assessment in order to attend Dogwood Play Park. No dog may be admitted that shows any signs of any type of aggression. Owner further understands and agrees that in admitting Owner’s dog(s) to Dogwood, Owner is representing to Dogwood that Owners’ dog(s) is/are in good health and have not harmed, shown aggression or exhibited any threatening behavior towards any person or other dog. If Owner is enrolling their dog(s) in Play Park, Owner is representing that their dog has not shown aggression toward any person. Any dog demonstrating aggression or other behavior deemed unacceptable by Dogwood staff, the dog(s) may be required to leave Dogwood.
4. Owner further understands and agrees that neither Dogwood nor any of its employees, staff or volunteers, will be liable for any illness, injury, death, and /or escape of Owner’s Dog(s) provided that reasonable care and precautions are followed, and Owner hereby releases all of them of any liability of any kind whatsoever arising from or as a result of Owner’s dog(s) attending or participating at Dogwood.
5. Owner further understands and agrees that any behavioral or physical health problems that develop with the Owner’s dog(s) while at Dogwood will be handled and treated as deemed best by the employees, staff and volunteers of Dogwood, in their sole discretion, and Owner expressly agrees to assume full financial responsibility for any and all expenses arising or relating thereto. This includes aggressive or destructive behavior.
6. Owner further understands and agrees that Owner’s dog(s) are healthy and will at all times while attending Dogwood have current vaccinations (DHPP/DAPP, Bordetella, Rabies.) Owner is not enrolling any dog in Dogwood that has any condition that could potentially jeopardize the health of other dogs or people and has not had any potentially communicable condition within 30 days prior to enrollment. Owner further understands that even if Owner(s) dog is vaccinated for Bordetella (Kennel Cough) there is a chance that the Owner(s) dog can still contract Kennel Cough. Dogwood will not be held responsible if Owner’s dog(s) contracts Kennel Cough.
7. Owner further understands and agrees that Owner’s dog(s) will not be admitted to Dogwood while in heat.
8. Owner further understands and agrees that Owner(s) dog will have access to a fenced outside area. Owner(s) agree to assume full liability if Owner(s) dog escapes.
9. Owner understands that pre-paid packages are nonrefundable and expire 6 months from the date of purchase. Fees are due and payable at the end of each day. Payment may be made by cash or credit card. Discounted packages are provided only if they are paid for in advance.
10. Dogwood reserves the right to refuse admittance to any dog and/or human or to dismiss any dog that does not meet the health, temperament or other Dogwood standards. The determination shall be made at the sole discretion of Dogwood.
11. Membership for Play Park is renewed on a monthly basis and may be cancelled at any time by Owner. Any refunds due to Owner shall be refunded per payment method on file. Dogwood may also revoke Owner’s membership anytime an incident, fight or bite occurs involving Owner’s dog. Membership refunds will only be offered if the total number of visits are less than the paid membership value.
12. Owner agrees that their pet may be videotaped, photographed, and recorded. Dogwood shall be the exclusive owner to the results and all proceeds of such tapings, photography, and recordings, with the rights, throughout the world, an unlimited number of times in perpetuity, to copyright, to use, and to license to others in any manner. The Owner(s) further agrees that their pet may be used in any and all media and in the promotion, advertising, sale, and publicizing of Dogwood.
13. Owner understands that Dogwood staff may ask you to relocate your dog(s) to separate play areas or ask you to remove your dog(s) from unleashed play at our discretion. Furthermore, Dogwood staff may ask you leave the premises if the level of play exceeds what we deem acceptable. In the event you are asked to leave the premises, you will not be entitled to refund, unless you have been in the facility less than 30 minutes.
14. Owner further understands and expressly agrees that each and every of the foregoing provisions containing in Paragraphs 1-17 above shall be in force and effect and shall apply to each and every occasion on which Owner visits or deposits Owner’s dog (s) with Dogwood for Day Stay daycare, as the case may be. This Agreement shall remain in full force and effect as between the parties until and unless otherwise cancelled or superseded in writing and signed by the parties.
Owner hereby certifies that Owner has read and understands this Membership Terms & Conditions/Waiver and Release of Liability and the regulations set forth above. By agreeing to membership, Owner agrees to be bound by its terms and conditions. The person signing this agreement warrants that he/she is the Owner of the pet or is the Owner’s agent for purposes of delivering the dog to Dogwood and has the Owner’s authority to enter into this agreement on Owner’s behalf.