LIABILITY WAIVER AND RELEASE

This Liability Waiver must be signed by all guests prior to being permitted to enter Pawradise Park. Any guest under the age of eighteen (18) must have this Waiver signed by a parent or legal guardian prior to entry. 

Definitions

I, as the owner of a dog with an active Pawradise Park membership (“Owner”), or as an individual authorized as a registered contact on the Owner’s account, or as a guest of an active Member (“Guest”), wish to enter and use Pawradise Park (hereinafter referred to as the “Park”), a members-only dog park operated by Pawradise Park, LLC. As used herein, “Member” refers to a human Owner’s dog(s) with an active Park membership. Both Owners and Guests will be collectively referred to herein as “Individuals.”

Assumption of Risk

By signing this Agreement, I acknowledge that I am knowingly and voluntarily entering the Park and understand that my presence in the Park involves inherent risks. These risks include, without limitation, the risk of injury, disability, death, property damage, or illness to myself and, if I am an Owner, the associated Member on my account. I hereby knowingly and voluntarily accept and assume any and all such risks arising from my presence at the Park, participation in any activities within the Park, attendance at any sponsored events, or use of any services offered by the Park, whether such risks are caused by the ordinary negligence of the Park or otherwise. The Park makes no representations or warranties, express or implied, regarding the safety of any Individual or Member while on Park premises.  I understand and acknowledge that dogs may bite, scratch, or otherwise injure guests, and I knowingly and voluntarily assume all risk of dog bites and related injuries, including those caused by dogs owned by other members or guests.  I further acknowledge that California law imposes strict liability on dog owners for bite injuries, and I release and hold harmless the Park from any such liability arising from bites or injuries caused by other dogs while on the premises.  This Liability Waiver and Release does not apply to injuries or damages caused by the gross negligence, recklessness, or intentional misconduct of the Park or the Park’s representatives. 

Release and Waiver of Liability

By executing this Agreement, I expressly waive, release, and discharge: (i) any and all liability, including, if I am an Owner, liability arising from injury, illness, or harm to a Member; and (ii) any right to bring a claim, demand, action, or cause of action against the Park, its owners, officers, employees, contractors, or agents, arising out of or related to any visit to the Park, sponsored event, or services provided by the Park.

Waiver of California Civil Code Section 1542

I hereby expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code, which states:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

I understand this means I am releasing the Park from all claims for injuries, damages, or losses that I do not currently know about or expect, as well as those about which I do know.  I acknowledge that unknown injuries or damages may exist or may develop in the future, and I accept the risk that this release covers such unknown claims.

Safety, Supervision and Responsibility

I acknowledge that the safety and well-being of all Members and Individuals at the Park is of paramount importance, and I agree to comply with all rules, safety instructions, policies, and guidelines established by the Park, including the Park Rules attached as Exhibit A, as may be amended from time to time; I further acknowledge and agree that the Park reserves the right, in its sole and absolute discretion, to remove any Member and/or accompanying Individual(s), or to suspend or terminate participation in any programs, activities, or services, at any time if the Park determines that continued participation may pose a risk to the safety, health, or well-being of any dog or Individual; if any injury, damage, loss, or harm to a third party occurs as a result of an Individual’s intentional or negligent acts or omissions, whether on or off leash, such Individual agrees to assume full legal and financial responsibility for such harm, including all costs of repair or replacement and any related expenses, and Owners further agree to be fully responsible and liable for any injury, damage, or loss caused directly or indirectly by the actions or behavior of their Member(s) to another dog, person, or property, including attorneys’ fees and costs to the extent permitted under California law.

Emergency Medical and Veterinary Authorization

In the event that a Member becomes ill, injured, or involved in an altercation while at the Park, I, if an Owner, hereby authorize the Park and any of its owners, employees, contractors, agents, representatives, or volunteers, in their sole discretion, to intervene and/or to contact, provide, or secure emergency medical or veterinary care for the Member associated with my Pawradise Park account, including transportation to a veterinarian or emergency medical facility, if deemed reasonably necessary; I acknowledge and agree that the Park has no obligation to provide or secure such care and that any decision to do so is made solely at its discretion, and I further agree to assume full financial responsibility for all veterinary, medical, transportation, and related expenses incurred in connection with such care, to the fullest extent permitted under California law.

I acknowledge and agree that Park staff may, in their sole discretion, determine the timing and manner of notifying me in the event the Member associated with my account sustains an injury while participating in daycare or supervised activities. I understand that minor injuries may not require immediate notification and that the Member may be permitted to continue participating in activities where staff reasonably determines it is safe to do so. In the event of a serious injury or a condition requiring removal from group activities or medical attention, the Park will make reasonable efforts to notify me as soon as practicable. I further acknowledge that the Park’s assessment of injury severity is made in its sole discretion and does not constitute veterinary or professional medical judgment.

I understand and agree that the Member will be released only to the Owner(s) or to an individual listed as an authorized representative on my Pawradise Park account, unless prior written authorization has been provided to the Park. The Park may rely on the information on file at the time of release and shall not be responsible for verifying authority beyond such records. I acknowledge that the Park reserves the right, in its sole discretion, to refuse release of a Member if authorization is unclear or disputed.

As an Owner, I acknowledge and agree that there are inherent risks associated with any off-leash, cage-free, socialization environment, and I knowingly and voluntarily accept these risks on behalf of myself and the Member. Without limiting the foregoing, I understand and agree that:

•  Although the Park requires Members to be up to date on vaccinations, I understand that certain viruses, bacteria, and parasites cannot be fully prevented through vaccination, and the Member may be exposed to such conditions.

• Due to the indoor and outdoor nature of the Park, the Member may ingest objects or materials located within the Park grounds, encounter wildlife or insects and/or experience weather-related injuries or health conditions.

• During the course of normal socialization or play, the Member may sustain nicks, scrapes, scratches, punctures, cuts, sprains, strains, sore paws or pads, ligament injuries (including cruciate ligament injuries), or other physical injuries.

• Due to running, jumping, and outdoor play, the Member may experience physical strain or injury, including joint, muscle, or paw-related issues.

• While the Park utilizes secured gates and monitoring procedures, I understand and agree that I am solely responsible for supervising the Member’s entry into and exit from the Park and will not hold the Park liable for the Member’s safety or security in this regard, to the fullest extent permitted under California law.

I AM AWARE AND UNDERSTAND THAT ENTERING THE PARK AND, IF I AM AN OWNER, MEMBER’S ENGAGEMENT IN SOCIAL PLAY AT THE PARK, IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE TO MEMBER AND TO INDIVDIUAL. INDIVIDUAL ACKNOWLEDGES THAT ANY INJURIES OR ILLNESSES THAT INDIVIDUAL SUSTAINS, AND IF INDIVIDUAL IS AN OWNER, INJURIES OR ILLNESS THAT MEMBER SUSTAINS, MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE PARK, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE PARK. INDIVIDUAL HEREBY WAIVES, RELEASES, AND FOREVER DISCHARGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PAWRADISE PARK, LLC, ITS OFFICERS, EMPLOYEES, CONTRACTORS, PROPERTY OWNER AND LANDLORD, AGENTS, AND VOLUNTEERS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, AND CAUSES OF ACTION, INCLUDING CLAIMS THAT ARE KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, ARISING NOW OR IN THE FUTURE, BASED ON, RELATED TO, OR ARISING FROM INDIVIDUAL’S OR MEMBER’S VISIT TO THE PARK OR PARTICIPATION IN ANY PARK ACTIVITIES, PROGRAMS, EVENTS, OR SERVICES. WITHOUT LIMITATION, INDIVIDUAL HEREBY WAIVES AND RELEASES THE RELEASED PARTIES FROM ANY CLAIMS FOR DEATH, DISABILITY, PERSONAL INJURY, ILLNESS, OR PROPERTY LOSS OR DAMAGE WHICH INDIVIDUAL AND, IF INDIVIDUAL IS AN OWNER, MEMBER MAY HAVE OR WHICH MAY ACCRUE TO INDIVIDUAL OR MEMBER, INCLUDING, WITHOUT LIMITATION, AS A RESULT OF EMERGENCY CARE OR SERVICES PROVIDED OR ARRANGED AND INDIVIDUAL FURTHER COVENANTS AND AGREES NOT TO SUE OR ASSERT ANY CLAIM AGAINST THE RELEASED PARTIES ARISING OUT OF OR RELATED TO INDIVIDUAL’S OR MEMBER’S VISIT TO THE PARK OR PARTICIPATION IN ANY PARK–RELATED ACTIVITIES.

Media Release

I hereby irrevocably authorize (i) the Park , (ii) any third party designated by the Park , or (iii) any other Individual at the Park to photograph, film and otherwise record (a) Member (if I am an Owner), and (b) me and my likeness and voice, create still and video images of me and my  likeness, to record, use, and to display my likeness and voice in connection with my presence at the Park or other sponsored events, including, without limitation, any film projects or compilations created by the Park and other third parties (collectively, “Recordings”) without further compensation, further permission, and/or right to review.

I grant to the Park a fully paid-up, royalty free, perpetual, irrevocable, worldwide, transferable, non-exclusive and fully-sublicensable through multiple tiers of sublicensees, right and license to digitize, modify, alter, edit, adapt, create derivative works, display, publicly perform, exhibit, transmit, broadcast, reproduce, exploit, sell, rent, license, otherwise use and distribute, and permit others to use and distribute the Recordings, including my image, likeness, appearance, and voice as they appear in the Recordings (or, that of a Member if I am the Owner), for any purpose whatsoever, including, without limitation, in any present or future promotion and advertising of the Park or our Park in any medium or format whatsoever whether now existing or hereafter created. This Agreement applies to all Recordings, made by or on behalf of the Park and to all reproductions, derivatives, and modifications of such Recordings. I acknowledge that the Park may create materials (including, without limitation, promotional materials), incorporating the Recordings (the “Park Materials”), and I grant the Park the right to incorporate the Recordings to create such Park Materials. The Park has the sole discretion in determining the extent of the use, retention, disclosure, display, distribution and exhibition of the Recordings, including the Park Materials. I waive any right of pre-inspection and/or pre-approval of use of the Recordings and the Park Materials.

Indemnification

I further agree to indemnify, defend, and hold the Released Parties harmless against any claims by persons or entities that are based on, related to or arising from my visit to, or attendance at an event at, the Park, or participation in any Park-related activities.

Governing Law and General Provisions

This Agreement shall be construed in accordance with the laws of the state of California without reference to its conflicts of law principles. The undersigned expressly agrees that the assumption of risk, releases, waivers and indemnities provided herein are intended to be as broad and inclusive as permitted by California law. The Park may transfer and assign this Agreement or any or all its rights or privileges hereunder to any entity or individual without restriction.  This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof and may not be amended without the prior written agreement of both parties.  If any provision of this Agreement is held to be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby, and each remaining provision shall continue to be valid and enforceable to the fullest extent permitted by law.  Furthermore, if any provision is held to be overbroad or unenforceable in scope, such provision shall be deemed amended to the minimum extent necessary to render it enforceable, and in its reduced or amended form, such provision shall be enforced. This Agreement cannot be terminated, rescinded or amended, except by a written agreement signed by the Park. This Agreement may be executed electronically with the same force and effect as if executed in original form with handwritten signatures.  Electronic records and signatures shall be given the same legal effect as paper records and handwritten signatures under the California Uniform Electronic Transactions Act (California Civil Code Sections 1633.1 et seq.) and the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.)

Exhibit A - Park Rules

Our Park Rules govern current and future behavior and interactions between or otherwise involving Individuals at any of our Park locations or at any events hosted or sponsored by the Park. Any capitalized terms used, but not defined in this Park Rules will have the meanings ascribed in the Membership Agreement located at www.pawradisepark.com/membership and/or under our Park Rules at https://www.pawradisepark.com/faq 

Individuals at the Park are expected to be respectful of other individuals, Members, and our staff (including Pawtrollers, who are Park employees responsible for monitoring the Park, enforcing Park rules, supporting guest safety, and managing Member interactions) at all times. Individuals must follow all reasonable instructions given by Pawtrollers and may not engage in confrontational, abusive, or disruptive behavior toward Pawtrollers while on the premises. The Park may suspend or terminate any membership or ask you to leave our Park for engaging in any abusive, harmful, lewd, vulgar, harassing, or other unreasonably irritating or bothersome behavior, as determined by the Park in its sole discretion. Without limiting the foregoing, we expect all Individuals to embody and uphold community values while at our Parks and to adhere to the following guidelines:

SPENDING TIME AT OUR PARKS - As described in the Membership Agreement, the Park provides Wi-Fi and seating areas for Individuals to relax, socialize, or engage in light work while Members play. Guests are expected to be mindful of others and respectful of the shared social environment. The Park is not intended to serve as a co-working space or home office.

AGE POLICY - For everyone’s safety, the off-leash dog park is restricted to Individuals sixteen (16) years of age and older. Visitors under the age of 16 are welcome in the indoor café and patio areas but must be supervised by a responsible adult at all times.

SOLICITATION - Solicitation of any kind is prohibited unless expressly authorized by the Park. For the avoidance of doubt, solicitation includes, without limitation, solicitation for profit, political or advocacy purposes, petitions, distributing or posting flyers, notices, or advertisements, or leaving materials on Park premises.

INTERACTIONS - Individuals are solely responsible for their interactions with other Individuals while at the Park or in connection with Park–sponsored events or services. The Park reserves the right, but has no obligation, to intervene in disputes. Guests are expected to exercise reasonable care, caution, and common sense to protect their personal safety and property.

INCLUSION & CONDUCT - The Park is committed to maintaining a welcoming, inclusive, and respectful environment. Discrimination, harassment, or behavior that threatens the dignity, safety, or well-being of Members, Individuals, or staff will not be tolerated. This includes conduct rooted in, but not limited to, racism, sexism, transphobia, ableism, xenophobia, antisemitism, ageism, homophobia, classism, sizeism, colorism, or Islamophobia.

SMOKING POLICY - The Park is a smoke-free and vape-free environment. Smoking or vaping of any substance is strictly prohibited anywhere on Park premises.  Violation of the Smoking Policy is grounds for immediate removal from the Park, and repeated violations may result in a permanent ban.

ILLEGAL DRUGS/SUBSTANCES - No Individual may purchase, use, ingest, possess, sell, distribute, or attempt to obtain illegal drugs or controlled substances while at the Park or during any Park–sponsored event. The Park reserves the right, in its sole discretion, to require any Individual who appears intoxicated or unable to safely navigate the premises to leave the Park and may require such individual to depart via taxi or other independent transportation.

SNACKS, BEVERAGES & GLASS CONTAINERS - The Park offers a curated menu of pastries and beverages available for purchase on-site. Outside food, outside beverages, and glass containers are strictly prohibited within the Park.

OUTSIDE TREATS AND TOYS - For the safety of all Members, outside treats, chews, toys, or food items are not permitted within the Park. Park staff reserve the right to remove any prohibited items at their discretion.

UNCLAIMED DOGS - If a dog is left at the Park for a period of twenty-four (24) hours or more without contact from the Owner or an authorized representative, The Park may, in its sole discretion, consider the dog abandoned and take any and all actions deemed reasonably necessary, including contacting animal control, a licensed animal shelter, or a rescue organization. The Owner remains financially responsible for any costs incurred prior to transfer, including care, supervision, and related expenses, to the fullest extent permitted by law.

The rules listed above represent the baseline expectations for participation in the Park community and must be followed at all times. The Park reserves the right, in its sole discretion, to suspend or terminate any membership, restrict access to the Park, or refuse participation in activities if these rules are not followed. Park management and staff further reserve the right to refuse service or entry to any individual at any time, except where prohibited by applicable law.

ACKNOWLEDGMENT. I HAVE CAREFULLY READ AND FULLY UNDERSTAND THIS AGREEMENT AND ACKNOWLEDGE THAT IT CONSTITUTES AN AGREEMENT TO INDEMNIFY THE PARK AND THE OTHER RELEASED PARTIES, A RELEASE AND WAIVER OF LIABILITY, AND A COVENANT NOT TO SUE OR ASSERT ANY CLAIM. I REPRESENT THAT I AM OF LEGAL AGE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT. IF I AM SIGNING THIS AGREEMENT ON BEHALF OF A MINOR, I REPRESENT AND WARRANT THAT I AM THE PARENT OR LEGAL GUARDIAN OF SUCH MINOR AND AGREE TO BE BOUND BY THIS AGREEMENT ON THEIR BEHALF. I FURTHER ACKNOWLEDGE THAT THIS AGREEMENT IS A BINDING CONTRACT BETWEEN THE PARK AND ME, AND THAT NEITHER I NOR THE MEMBER ON WHOSE BEHALF I AM SIGNING MAY ENTER THE PARK OR PARTICIPATE IN ANY PARK ACTIVITIES OR EVENTS UNLESS THIS AGREEMENT IS EXECUTED. I CONFIRM THAT I AM ENTERING INTO THIS AGREEMENT KNOWINGLY AND VOLUNTARILY, OF MY OWN FREE WILL, AND ACKNOWLEDGE THAT I HAVE BEEN GIVEN ADEQUATE TIME AND OPPORTUNITY TO READ AND REVIEW THIS AGREEMENT CAREFULLY AND TO ASK QUESTIONS ABOUT ANY PROVISION I DO NOT UNDERSTAND BEFORE SIGNING, AND I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING AND AGREEING TO ITS TERMS.  I ACKNOWLEDGE THAT I HAVE BEEN GIVEN ADEQUATE TIME AND OPPORTUNITY TO REVIEW THIS AGREEMENT, TO SEEK INDEPENDENT LEGAL ADVICE IF I CHOOSE TO DO SO, AND TO NEGOTIATE THE TERMS OF THIS AGREEMENT.

I have read and understood the Pawradise Park Liability Waiver and Release Agreement.  I voluntarily agree to its terms and acknowledge that I am waiving substantial legal rights.