WAIVER AND RELEASE
ASSUMPTION OF RISK. The undersigned (“you” or “Participant”) acknowledges that they are voluntarily participating in dog training provided by Kristi Benson Dog Training Ltd. with knowledge of the potential dangers. Participant represents that they are the owner or guardian of the dog(s) identified in this Agreement. You acknowledge that dogs are unpredictable animals with their own will and drives, and therefore, regardless of training, handling, or environmental circumstance, Kristi Benson Dog Training Ltd. cannot protect against every potential injury, risk or accident to you, to other persons participating in the training or on the property where the training is taking place, or to dogs. These may include dog attacks, dog bites and the responsive actions and complications that arise from them, and you understand and acknowledge that such risks are inherent and cannot be eliminated. This Agreement is intended to shift the risk of participating in dog training to you. Do not sign it unless you are willing to assume the risk to yourself, your dog, and others accompanying you of your participation in dog training, including the associated risks of bodily injury, death or property damage while participating in the dog training and related activities on the property of Kristi Benson Ltd., in your own home, or in a public space.
RELEASE OF LIABILITY. Participant agrees that in consideration for being permitted to participate in dog training provided by Kristi Benson Dog Training Ltd., and/or to use any of Kristi Benson Dog Training Ltd.’s facilities in connection with dog training, Participant, for themself, and their heirs, next of kin, executors, and personal representatives (collectively, “Releasors”), assumes the entire risk associated with participating such an activity and waives, releases, discharges and covenants not to sue Kristi Benson Dog Training Ltd., its directors, officers, members, managers, employees, agents, sponsors, organizers, volunteers or other representatives, their successors and/or assigns (collectively, “Releasees”), from any and all liability to Releasors for any loss, harm, damage, claim, injury (including death) or accident to the person or property of Participant, Participant’s dog, and any other persons accompanying Participant at the dog training, including any minor children, arising out of or related to participating in dog training or using any facilities or equipment of Kristi Benson Dog Training Ltd., even if caused by any negligent act or omission of Releasees. Nothing herein is intended to release Releasees from any harm, injury, claim or damage caused by intentional, wanton or reckless misconduct.
INDEMNIFICATION. You agree that you are and will be responsible for your conduct and the conduct of your dog and others accompanying you (including minor children) at all times. You agree to indemnify and hold harmless Kristi Benson Dog Training Ltd., its directors, officers, members, managers, employees, agents, sponsors, organizers, volunteers and other representatives (“Kristi Benson Dog Training Ltd. Personnel”), from any and all claims of injury (including death), loss, cost, expenses, or damage to persons, dogs, or property caused by the acts or omissions of you, your dog, and any other persons accompanying you, including any minor children, during the course of training or related activities, as well as by the conduct of your dog under your own care as a result of following training instructions. This provision applies whether the claims are made by you, members of your family, your accompanying guests, Kristi Benson Dog Training Ltd. Personnel, or third parties.
NO GUARANTEE OF RESULTS. You recognize that the role you play in your dog’s learning process is integral to achieving your desired results. You acknowledge and agree that there is no guarantee that your dog will achieve the desired level of training, despite the best efforts of Kristi Benson Dog Training Ltd.. You further understand that the recommendation of any other product or service by Kristi Benson Dog Training Ltd. is not a guarantee of satisfaction with that product or service.
LIMITATION. Notwithstanding the above, no claim by the Participant related to the dog training provided by Kristi Benson Dog Training Ltd. will be valid unless notice of the claim is given by the Participant to Kristi Benson Dog Training Ltd. within 12 months of the date of this Release. Further, the aggregate amount of all such claims will not exceed the amount paid by the Participant to Kristi Benson Dog Training Ltd. for the dog training.
SAVINGS CLAUSE. You expressly agree that the foregoing assumption of risk, release, waiver, and indemnity provisions are intended to be as broad and inclusive as permitted by applicable law, and that if any portion thereof is held invalid, you agree that the remaining provisions will continue in full force and effect.
JURISDICTION. Any rights, duties and obligations as between the parties to this Release shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia. Any litigation involving the parties to this Release shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
KNOWING AND VOLUNTARY EXECUTION. By accepting these terms and conditions, you declare that you are at least 19 years of age and competent to sign this Agreement. You acknowledge that you have carefully read this Agreement, understand its contents, and agree to be bound by its terms. You specifically understand that this Agreement includes an assumption of the risk of Kristi Benson Dog Training Ltd.’s negligence and a release of Kristi Benson Ltd.’s liability.