AGREEMENT TO HOLD HARMLESS, WAIVER AND ASSUMPTION OF RISK
I understand that any dog obedience training and behavior modification is not without risk to myself, members of my family or the public, or my dog, because of the risk associated with handling animals. I hereby waive and release CHEWS A PUPPY, INC. hereinafter referred to as the “the Company”, its shareholders, employees, officers, members, agent, and any and all representatives from any and all liability of any nature, for any injury incurred while accessing/utilizing the information on this site, any information obtained/utilized from this site, or any other function of this site.
In accessing this site, I hereby agree to indemnify and hold harmless the Company, its owners, employees, officers, members, agents and any and all representatives from any and all claims by any member of any family or any other person injured or harmed during the training of the dog I own, or thereto as a result of any action by any dog, including my own.
By agreeing to use this site, the Dog Owner agrees and understand that there is always some unavoidable risk of injury involved when working with animals, especially untrained animals trained by non-professionals. As the Dog Owner, I acknowledge that dogs can be inherently difficult to control and that not all dogs will be under control at all times resulting in the possibility of injury to myself, my dog, my family members, or third parties. I take full responsibility for my dog’s actions at all times and in all situations. In addition, I am choosing to use this site as informational purposes only and understand and agree that the information provided is not designed to take the place of utilizing the services of a professional dog trainer that can work with my dog to access his and my needs.
Guarantees/Warrantees & Liability Limitation: Dog Owner understands and agrees that owner is 100% responsible for training their Dog and there is no guarantee expressed or implied that the dog will get trained using the suggested methods on this site. Owner acknowledges that dog training will not provide exact results and that no particular results can be guaranteed, either during Training or the performance of the Dog following Training. Owner is required to work with the Dog consistently to reinforce and strengthen all cues and techniques taught by the owner. Owner assumes full responsibility for their dog’s behavior at all times.
Hold Harmless: Dog Owner agrees to release, indemnify and hold harmless the Company, and its employees and/or agents from any and all claims, responsibility, liability, damage, loss and/or expenses arising out of any injury to any person, any person’s property or any other dog by the Dog owned by the person accessing this site during or after Training, as well as for disease, death, injuries, conditions, illness, damage, escape or loss of life to the Dog that may occur during or after Training.
Confidential Information: Dog owner agrees that any confidential information available on the Company’s site is confidential and proprietary and belongs solely and exclusively to the Company. Dog Owner acknowledges that the obligations pertaining to the confidentiality and non-disclosure of information shall remain in effect indefinitely, or until the Company has released any such information into the public domain, in which case the obligation hereunder shall cease with respect only to such information so released. Dog Owner also acknowledges that the Company’s recovery of damages will not be an adequate means to redress a breach of this Agreement. Nothing contained in this Agreement shall prohibit the Company from obtaining any appropriate remedies in addition to injunctive relief, including recovery of damages. Limit of Liability. The Liability borne by the Company, its employees, agents, associates, successors, assigns, and legal representatives under this Agreement is limited in direct proportion to the compensation paid to the Company under this Agreement, and shall not, under any condition, exceed the amount already paid to the Company at the time of any such claim, demand or cause of action whatsoever.
Liability of expenses. This Waiver of Liability & Informed Consent agreement shall be legally binding on for all parties. Should the released party assert a claim to the contrary to what has been agreed to in this Waiver of Liability and Informed Consent agreement, the claiming party shall be liable for all expenses (including attorney’s fees, court costs and consultant fees) incurred by both the Releasing Party and the Released Party. No waiver or modification of any provision herein shall be valid unless expressly agreed to in writing by both the Released Party and the Releasing Party.
Severable provisions. Every provision herein is intended to be severable. If any one or more of the provisions herein is found to be unenforceable or invalid, that shall not affect the other terms and provisions hereof, which shall remain binding and enforceable.