AUDAX K9, LLC
TRAINING ACADEMY CONTRACT AND WAIVER
Audax K9, LLC and its officers, directors, members, staff, volunteers, and affiliates take every reasonable precaution to ensure your safety and enjoyment during training sessions, events, and activities; however, no amount of care, foresight, training, and planning can prevent all accidents and injuries at Audax K9 Academy. Audax K9 Academy has safety rules, precautions, and procedures to minimize the occurrence of injury for all participants and spectators. By participating in any Audax K9 Academy session, event, or activity, you agree to strictly adhere to all these responsibilities. These rules will be explained and must be observed by all in attendance. All visitors, participants, or spectators to Audax K9 Academy training sessions, events, or activities are equired to do the following:
1) Strictly adhere to all posted rules;
2) Immediately comply with commands from Audax staff related to you, your dog, and any child or spectator accompanying you;
3) Report unsafe conditions. If you believe a situation is unsafe, you should communicate it to our staff immediately and withdraw your participation until the situation is resolved to your satisfaction. Your safety, and that of your children, animals, and property, is your responsibility; and
4) Sign and require all spectators accompanying you to sign this document. If the person or persons accompanying you are minors, you agree to execute this document on their behalf.
Dog training, particularly bite sports, involves activities that by their very nature present an element of risk to the handlers, helpers, your own dog, other participant dogs, and even to spectators. While serious injury is seldom encountered, both people and dogs may receive injuries including bumps, sprains, muscle strains, broken teeth and/or broken bones to more serious injuries and other traumas. The most common type of dog bite injuries are puncture wounds, infection, scarring, nerve damage, sprains, muscle strains, broken teeth, broken bones, post-traumatic stress, and in rare cases, death. It is possible that you and/or your dog may receive a disabling injury causing you mental and physical impairment. By participating in Audax K9 Academy training, you and/or your dog may also receive cosmetic injury, which could result in the permanent changing of your appearance, walk, posture or mobility. Such injuries are viewed and considered as part of a physically active sport involving dogs, which you expressly acknowledge and accept these risks when you agree to participate in the training with Audax K9 Academy. Such injuries may be part of a physically active sport involving dogs. By participating in these events, even as a spectator, you assume the risk of such injuries. While we work very hard to minimize the risk of training, animals may never be totally safe. We do not guarantee that your dog or another participant dog will not attack you or your dog, or your spectator guests. Even if you follow all instructions given to you by our trained staff, injury may occur.
By signing this document, you agree that you have read the above statements in full and understand the inherent known and unknown risks that you, all spectators accompanying you, and your dog are taking by participating in a training session, event, or activity with dogs. You acknowledge that you have thoroughly reviewed this document and agree to abide by the requirements described in it.
Because dogs have the ability to injure, harm, maim, kill, destroy, and/or damage persons and property, you agree to indemnify, defend, and hold harmless Audax K9, LLC, its officers, directors, agents, employees, affiliates, volunteers, from and against any demands, liabilities, losses, costs, damages, attorney’s fees and expenses for personal injury, animal injury, property damage, claims of harm, and damages (“Injury”) that may occur to you, the minors in your care, animals in your possession or control, and/or your property during or at all training sessions, events, or activities, unless solely due to the gross negligence of Audax K9. If any action or failure to act on the part of you shall result in any claim, suit, loss, damage, Injury, death, or liability, you agree to defend, indemnify, and hold Audax K9 harmless and to pay all of Audax K9’s costs and expenses, including reasonable legal fees, any amount paid in settlement and any award or judgment with respect to the claim. You also waive all rights of recovery for any Injury against Audax K9, its officers, directors, agents, employees, affiliates, and volunteers for any Injury caused directly or indirectly by any other participant, dog, or spectator at an Audax K9 Academy session.
You acknowledge by participating in the Audax K9 Academy session, you will receive confidential and proprietary dog training information, which are the exclusive property of Audax K9, LLC. You agree that due to the nature of the training provided at the Audax K9 Academy, you will have access to, have and will acquire, confidences and secrets, and information (“Confidential Information”), and you agree not to use or employ any Confidential Information for training others, instructing, or teaching, whether for compensation or not. You agree that such information is and will continue to be of central importance to maintain complete confidentiality of the Confidential Information, and that disclosure of Confidential Information to others or the unauthorized use of Confidential Information by others would cause substantial loss and harm to Audax K9.
The validity and interpretation of this agreement and any of its terms or provisions, as well as the rights and duties of the parties, is to be governed exclusively by the laws of the State of Washington. Any disputes between the parties relating in any way to this agreement must be decided in binding arbitration without the right of appeal. Venue will lie exclusively in Snohomish County, Washington.
This agreement constitutes the full and final understanding of the parties. In the event of any conflict between the terms of this agreement and any attached exhibits, the more specific language controls.
In the event of a dispute between the parties, declaratory or otherwise, in connection with or arising out of this agreement, the substantially prevailing party may recover its costs, including expert fees and attorneys’ fees actually incurred.
If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction to be invalid, it is to be severed from any remaining portion of this agreement and the remainder will stand in full force and effect and in no way be affected, impaired, or invalidated.
Permission for Use of Likeness
If permission is granted, I understand that pictures and video may be taken at these events that include me, my family, and/or my animals by personnel of Audax K9, LLC. I authorize Audax K9, LLC, the right to take, edit, alter, copy, exhibit, publish, distribute, and make use of any and all pictures or video taken of me, my family, and/or my animals to be used in and/or for promotional materials including newsletters, websites, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits, and submissions to journalists, websites, social networking sites, and other print and digital communications, without payment or any other consideration. This authorization extends to all languages, media, formats, and markets now known or hereafter devised. This authorization will continue indefinitely, unless I revoke the authorization in writing delivered to Audax K9, LLC.I understand and agree that these materials will become property of Audax K9, LLC, and will not be returned to me.