LIABILITY WAIVER AND RELEASE

This Liability Waiver and Release (“Agreement”) must be personally signed or electronically accepted by each Owner and by each other person before entering or using Pawradise Park. Any person under eighteen (18) must have this Agreement signed or electronically accepted by a parent or legal guardian prior to entry.  

Introductions and Definitions

LLC (the “Park”), or to obtain or maintain a Park membership for a dog. I am signing or electronically accepting this Agreement as: (i) the owner of a dog with an active Park membership (“Owner”); or (ii) another person entering or using the Park as a guest (“Guest”). Owners and Guests who sign or electronically accept this Agreement are collectively referred to as “Individuals,” and each is an “Individual.” References in this Agreement to “I,” “me,” or “my” mean the Individual who personally signs or electronically accepts this Agreement.

“Member” means each dog with an active Park membership associated with an Owner’s account. “Account Credentials” means any account, membership, mobile-application login, QR code, digital pass, kiosk code, or other check-in or access credential associated with an Owner or Member.

“Authorized User” means any registered contact, spouse, family member, dog walker, agent, guest, or other person whom an Owner permits, directly or indirectly, to access the Park or use any Account Credential in connection with a Member, whether or not that person has separately signed or electronically accepted this Agreement. An Authorized User who separately signs or electronically accepts this Agreement is also an Individual. The Owner’s obligations and responsibility for an Authorized User apply regardless of whether the Authorized User separately received, reviewed, signed, or electronically accepted this Agreement or the Park Rules.

Assumption of Risk

By signing or electronically accepting this Agreement, I acknowledge that my presence at or use of the Park and the Member’s presence at or participation in Park activities involve inherent risks. These risks include, without limitation, injury, disability, death, property damage, or illness to me and/or the Member. I knowingly and voluntarily accept and assume all such risks arising from my presence at or use of the Park, participation in Park activities, attendance at sponsored events, or use of Park services, whether 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 that dogs may bite, scratch, collide with, or otherwise injure people or other dogs, and I knowingly and voluntarily assume the risk of dog bites and other dog-related injuries, including those caused by dogs accompanied by other Individuals or Authorized Users. I further acknowledge that California law may impose strict liability on dog owners for bite injuries, and I release and hold harmless the Park from claims arising from bites or other injuries caused by dogs while on the premises. This Agreement does not apply to injuries or damages caused by the gross negligence, recklessness, or intentional misconduct of the Park or its representatives. 

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 persons 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 they may be updated from time to time. The Park may remove any Member, Individual, or Authorized User; restrict or deactivate access; or suspend or terminate any membership, program, activity, or service if the Park determines, in its sole discretion, that continued participation may pose a risk to the safety, health, or well-being of any dog or person or that any Park Rule has been violated. If injury, damage, loss, or harm results from my intentional or negligent acts or omissions, I assume full legal and financial responsibility for that harm, including repair or replacement costs and related expenses. If I am an Owner, I am also fully responsible for injury, damage, or loss caused directly or indirectly by the Member to another dog, person, or property, including reasonable attorneys’ fees and costs to the extent permitted by California law.

Owner Responsibility for Authorized Users and Account Credentials

If I am an Owner, I am responsible for each Authorized User and for maintaining confidentiality and control of all Account Credentials. Before permitting an Authorized User to access the Park or use an Account Credential, I will provide that person with the Park Rules and instruct and require that person to comply with them. As between the Owner and the Park, I assume full legal and financial responsibility for: (i) the acts and omissions of each Authorized User while entering, using, or leaving the Park; (ii) each Authorized User’s violation of the Park Rules; (iii) any injury, death, loss, or property damage caused directly or indirectly by an Authorized User; and (iv) any injury, death, loss, or property damage caused by the Member while under an Authorized User’s supervision or control. These obligations apply regardless of whether the Authorized User separately received, reviewed, signed, or electronically accepted this Agreement or the Park Rules. Any use of an Account Credential by a person to whom I provided or permitted access will be treated as authorized by me. I will promptly notify the Park if any Account Credential is lost, compromised, or used without my authorization.

Emergency Medical and Veterinary Authorization

In the event that a Member becomes ill, injured, or involved in an altercation while at the Park, I 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 Park 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 Park 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.

Release and Waiver of Liability

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.

TO THE FULLEST EXTENT PERMITTED BY LAW, I, ON BEHALF OF MYSELF AND MY HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, KNOWINGLY AND VOLUNTARILY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE PAWRADISE PARK, LLC, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, VOLUNTEERS, LANDLORDS, PROPERTY OWNERS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES, WHETHER KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, ARISING OUT OF OR RELATING TO: (i) my or, if I am an Owner, the Member’s presence at, entry into, exit from, or use of the Park; (ii) participation in any Park activity, event, program, or service; (iii) interaction with any dog or person at the Park; or (iv) any injury, illness, disability, death, emotional distress, property damage, veterinary expense, economic loss, or other harm resulting therefrom.

THIS RELEASE EXPRESSLY INCLUDES CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY, including negligent acts or omissions involving the ownership, design, construction, condition, inspection, maintenance, repair, operation, staffing, supervision, security, or management of the Park; the adoption, communication, monitoring, or enforcement of Park Rules; the conduct or supervision of dogs or persons; the failure to prevent or warn of a dangerous condition or conduct; and any emergency response, rescue effort, medical care, veterinary care, or failure to provide or arrange such assistance. This release does not apply to claims that cannot lawfully be released, including claims caused by a Released Party’s gross negligence, recklessness, or intentional misconduct.

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 agree to indemnify, defend, and hold the Released Parties harmless from and against any third-party claims, demands, actions, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising out of or relating to my or, if I am an Owner, the Member’s presence at or use of the Park, participation in any Park-related activity, my acts or omissions, or my violation of the Park Rules.

THIS OBLIGATION ALSO APPLIES TO CLAIMS, DAMAGES, LOSSES, OR EXPENSES ARISING OUT OF OR RELATING TO: (i) AN AUTHORIZED USER’S ACCESS TO OR USE OF THE PARK; (ii) AN AUTHORIZED USER’S ACTS OR OMISSIONS; (iii) AN AUTHORIZED USER’S FAILURE TO COMPLY WITH THE PARK RULES; (iv) THE MEMBER’S CONDUCT WHILE ACCOMPANIED, HANDLED, SUPERVISED, OR CONTROLLED BY AN AUTHORIZED USER; OR (v) MY SHARING OF OR PERMITTING ACCESS THROUGH ANY ACCOUNT CREDENTIAL. THIS OBLIGATION APPLIES REGARDLESS OF WHETHER THE AUTHORIZED USER SEPARATELY RECEIVED, REVIEWED, SIGNED, OR ACCEPTED THIS AGREEMENT OR THE PARK RULES AND INCLUDES, TO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMS ASSERTED BY AN AUTHORIZED USER ARISING FROM THAT PERSON’S ACCESS TO OR USE OF THE PARK. THIS INDEMNIFICATION DOES NOT APPLY TO THE EXTENT A CLAIM IS CAUSED BY THE GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MISCONDUCT OF A RELEASED PARTY

AAgreement to Arbitrate Disputes

Any dispute, claim or controversy between an Individual and the Park or any Released Party arising out of or relating to this Agreement; any membership or account, including enrollment, fees, billing, renewal, cancellation, suspension, or termination; the use or alleged misuse of any Account Credential; an Individual’s, Member’s, or Authorized User’s presence at, access to, conduct at, or use of the Park; participation in any Park activity, event, program, or service; or any resulting injury, illness, death, loss, or damage shall be resolved exclusively through final and binding individual arbitration before a single neutral arbitrator administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, available at www.adr.org. The Federal Arbitration Act, 9 U.S.C. sections 1–16, shall govern the interpretation and enforcement of this provision to the fullest extent applicable, and California substantive law shall apply. Arbitration shall take place in Los Angeles County, California, unless the AAA rules or applicable law require or permit another reasonably convenient location, and an Individual may participate remotely when permitted by the arbitrator or AAA rules. Payment of filing, administrative, and arbitrator fees shall be governed by the AAA rules and applicable law, and the Park shall pay all amounts required to be paid by the business. Each Released Party is an intended third-party beneficiary entitled to enforce this provision.

Except for disputes concerning whether an agreement to arbitrate was formed, whether a person who did not sign or electronically accept this Agreement is bound by this provision, or the interpretation or enforceability of the individual-action waiver below - which shall be decided by a court - the arbitrator shall have exclusive authority to resolve disputes concerning the interpretation, applicability, scope, or enforceability of this arbitration provision and the arbitrability of any claim. The arbitrator may award any legal or equitable remedy or relief that would otherwise be available in court, but only to the extent necessary to resolve the parties’ individual claims. INDIVIDUAL AND THE PARK KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO HAVE ANY COVERED CLAIM DECIDED BY A JUDGE OR JURY. EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. The arbitrator shall have no authority to combine the claims of different persons or preside over any class, collective, consolidated, mass, or representative proceeding.

If the individual-action waiver is found unenforceable as to a particular claim or remedy, including any claim for public injunctive relief that applicable law does not permit the parties to waive, that claim or remedy shall be severed and resolved by a court, and all remaining claims shall be arbitrated individually. No class, collective, consolidated, mass, or representative arbitration shall be permitted under any circumstances. If any other portion of this provision is found invalid or unenforceable, it shall be severed and the remainder enforced to the fullest extent permitted by law. This provision shall survive termination of this Agreement or any membership and an Individual’s or Member’s final visit to the Park. To the extent this provision conflicts with any dispute-resolution provision in another Pawradise agreement or set of terms accepted by the Individual, this provision shall control unless the later-accepted agreement expressly states otherwise.

Governing Law and General Provisions

This Agreement shall be construed in accordance with the laws of the State of California, without reference to its conflict-of-law principles. I agree that the assumption-of-risk, release, waiver, and indemnification provisions are intended to be as broad and inclusive as permitted by California law. The Park may transfer or assign this Agreement or any of its rights or privileges under it without restriction.

Except for any membership, billing, privacy, or platform terms separately presented to and accepted by an Individual, this Agreement constitutes the entire agreement between the parties concerning its subject matter. The Park may prospectively update its operational Park Rules by posting or providing reasonable notice of the revised rules. However, no material amendment to the assumption-of-risk, release, indemnification, or arbitration provisions shall bind an Individual unless the revised Agreement is presented to and signed or electronically accepted by that Individual. This Agreement may not otherwise be modified except through a written or electronic agreement accepted by both parties.

If any provision of this Agreement is held invalid, overbroad, or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law, and the affected provision shall be enforced to the minimum extent necessary to make it enforceable. This Agreement may be signed or electronically accepted with the same force and effect as a handwritten signature. I represent that the name, contact information, and other identifying information I provide are my own and that the signature or electronic acceptance is my personal act, except where I am accepting this Agreement as the parent or legal guardian of a minor. The Park may retain records identifying the Individual, the date and time of acceptance, the version of the Agreement accepted, and the Member or account associated with the acceptance. Electronic records and signatures shall have 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 these Park Rules will have the meanings ascribed to them in the Park Rules and membership terms available on Pawradise Park’s FAQ page at https://www.pawradisepark.com/faq.  All references to Individuals in this Exhibit A apply to and include Authorized Users.

Individuals and Authorized Users 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 - 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.