https://waiver.smartwaiver.com/w/61bf5a91a0974/web/
RELEASE AND WAIVER OF LIABILITY
Human’s Best Friend Guest (Dog and Owner)
PLEASE READ THIS RELEASE AND WAIVER OF LIABILITY (“AGREEMENT”) CAREFULLY. IT AFFECTS THE LEGAL RIGHTS OF EACH GUEST THAT PURCHASES A TICKET TO OR ENTERS THE HUMAN’S BEST FRIEND EXPERIENCE (“Human’s Best Friend”) (references to “my dog” will be deemed applicable only to the extent I participate in Human’s Best Friend with a dog or dogs, and will include all dogs – even those owned by others – participating with me).
In consideration for being permitted to participate in Human’s Best Friend, an interactive experience provided by Livesight, Inc (“Company”), I, on behalf of myself and my participating minor child/children, if any, agree to the following:
1. ACKNOWLEDGEMENT OF RISKS. I am aware and understand that Human’s Best Friend is an interactive and immersive experience designed for dogs and humans that inherently involves potential risks and dangers associated with coming into contact with dogs and exposing my dog in a show environment. Risks to you may include slipping, being knocked off balance, falling, allergic reactions, exposure to pathogens or contagious organisms, personal injury, or death. I am aware and understand that risks to my dog include coming into contact with other dogs that may be carrying pathogens or contagious organisms or that may become aggressive in this situation, and may include injury or death of my dog.
2. ASSUMPTION OF RISKS. DESPITE THE RISKS AND DANGERS INHERENT IN EXPERIENCING HUMAN’S BEST FRIEND, I AGREE TO ASSUME ANY AND ALL RISKS CONNECTED WITH HUMAN’S BEST FRIEND, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE OR LOSS, OR ANY LOSS I MIGHT SUSTAIN, OR DAMAGE TO MY DOG OR PROPERTY I OWN AS A RESULT OF ALLOWING MY DOG TO PARTICIPATE IN HUMAN’S BEST FRIEND, EVEN IF ARISING FROM THE NEGLIGENCE OF ANY RELEASED PARTIES NAMED BELOW OR OTHERS.
3. RELEASE AND WAIVER OF LIABILITY. I HEREBY WAIVE AND RELEASE COMPANY AND ITS OFFICERS, DIRECTORS, AFFILIATES, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, SPONSORS AND THE OWNERS OR LESSEES OF ANY PREMISES USED FOR HUMAN’S BEST FRIEND (COLLECTIVELY, “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, DEBTS, CONTRACTS, EXPENSES, CAUSES OF ACTION, LAWSUITS, DAMAGES, AND LIABILITIES OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, IN LAW OR EQUITY, THAT I EVER HAD OR MAY HAVE, ARISING FROM OR IN ANY WAY RELATED TO MY OR MY DOG’S PARTICIPATION IN HUMAN’S BEST FRIEND, INCLUDING THE RISK THAT I MAY CONTRACT OR SPREAD COVID-19..
4. PROMISE NOT TO SUE. I will not sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against any of them that I may have as a result of any personal injury, death, or property damage that occurs as a result of my or my dog’s participation in Human’s Best Friend, whether caused in who or part by the negligence of the Released Parties.
5. INDEMNITY. I WILL INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES, CLAIMS, LIABILITIES, DEMANDS, CAUSES OF ACTION, JUDGMENTS, SETTLEMENTS, LOSSES, COSTS, OR EXPENSES (INCLUDING ATTORNEYS’ FEES OR MEDICAL EXPENSES) ARISING OUT OF ANY PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR LOSS TO ANYONE ELSE THAT OCCURS AS A DIRECT OR INDIRECT RESULT OF MY OR MY DOG’S PARTICIPATION IN CONNECTION WITH HUMAN’S BEST FRIEND.
6. NOTICE OF FILMING OR RECORDING. I understand that I may be photographed, filmed, or otherwise recorded at Human’s Best Friend. I agree that all photographs, audio recordings, and video footage taken of me while at Human’s Best Friend, and any derivative works, will be the sole property of Company and that Company may, but does not have the obligation to, share such photographs, audio recordings, or video footage with me. Company or other parties may use such recordings as provided in Section 7.
7. MY NAME AND LIKENESS. If I appear in, create, upload, post, or send any photographs, audio recordings, or video footage depicting or relating to Human’s Best Friend, I grant to Company the unrestricted, worldwide, royalty-free, perpetual right and license (with the right to transfer or sublicense) to use my name, likeness, voice, and all other aspects of my persona for the purpose of operating, developing, providing, promoting, advertising, and improving Human’s Best Friend or any other products or services provided by Company or its sublicensees (in either case, now known or developed later. I understand I will not be entitled to any compensation from the Company, its affiliates, or its business partners if my name, likeness, or voice is used in Human’s Best Friend promotions, whether on Company’s website, social media channels, or otherwise.
8. MY CONTENT. If I create, upload, post or send any photographs, audio recordings, or video footage depicting or relating to Human’s Best Friend, I grant to Company and its affiliates the irrevocable, unrestricted, worldwide, perpetual, royalty-free, sublicensable, and transferable right and license to use, display, reproduce, perform, modify, transmit, publish, and distribute such photographs, audio recordings, or video footage for any purpose whatsoever in any and all media (in either case, now known or developed later). I will not exploit any photographs, audio recordings, or video footage of Human’s Best Friend for any commercial purpose without Company’s prior written consent.
9. FITNESS AND RESPONSIBLE BEHAVIOR. I represent that I (and any minor children or other people under my responsibility or control): (a) am not under the influence of any alcohol, drugs, or medications that would alter my or their senses or judgment; (b) am not aware of any physical, emotional, or other condition such as claustrophobia, a heart condition, back condition, history of seizures, and/or sensitivity toward flashing lights that would create a hazard to me or others as a result of experiencing Human’s Best Friend; (c) am physically fit and able to undertake conditions involved in experiencing Human’s Best Friend; and (d) will act responsibly during my participation in Human’s Best Friend.
10. HEALTH AND BEHAVIOR OF MY DOG. I represent and warrant that (a) my dog is in good health; (b) all necessary vaccinations (or equivalent alternatives) as recommended by my veterinarian are complete and current; (c) my dog has not had an infection or contagious illness during the previous 6 months; (d) parasite control is administered on a regular basis and my dog is free from ticks, fleas, and other parasites; and (e) my dog has never bitten another animal or person and is not aggressive, destructive, or excessively vocal.
11. EMERGENCY MEDICAL CARE. I give permission to Company to administer first aid and to arrange for emergency medical care, treatment, and transportation for me in case of a medical emergency. I also give permission to the health care professional selected by Company to examine, diagnose and treat me, or secure treatment for me, if proper and necessary under the circumstances. I acknowledge that I am solely responsible for any and all charges for medical services provided to me or on my behalf and for carrying my own health insurance. The waiver and release of liability in this Agreement extends to any liability arising out of or in any way connected with any such medical treatment and transportation I receive or any failure to provide such treatment or transportation, whether arising from the negligence of any of the Released Parties or otherwise.
12. ILLNESS; COVID-19. Without limitation of any other provision of this Agreement, I recognize that the coronavirus, COVID-19, is a worldwide pandemic and that an inherent risk of exposure to COVID exists in any place where people gather. I further recognize that coronavirus is extremely contagious, and can lead to severe illness and death, and is believed to spread mainly from person-to-person contact. By participating in Human’s Best Friend, I voluntarily assume all risks related to exposure to a coronavirus or similar virus, including but not limited to COVID-19, H1N1 swine flu, or H1N5 bird flu. I voluntarily assume the risk that I may be exposed to or infected by a coronavirus or other virus or illness by my attendance and participation and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Furthermore, I am aware and understand that I may not know I am infected and may spread coronavirus to my friends, family, cohabitants and others. I understand that the risk of becoming exposed to or infected by a coronavirus by attending the Program or participating in activities related to the Program may result from the actions, omissions, or negligence of myself and others, including, but not limited to, other attendees and the Released Parties, and each of the friends, families or cohabitants of the aforementioned.
13. RULES AND PROTOCOLS: I agree to abide by any social distancing, masking or other rules or protocols (whether or not related to containing the spread of Covid-19) posted at Human’s Best Friend and/or of which I am informed verbally or in writing (including by means of email and/or a click-thru agreement). I understand that my failure to observe such rules or protocols may result in my ejection from Human’s Best Friend and, in such event, I am not entitled a refund of any admission or other amounts paid by me to participate in the Event.
14. INVALIDITY. I expressly agree that the terms of this Agreement are intended to be as broad and inclusive as is permitted under the laws of the State of New York. If any portion (e.g., paragraph or sentence) of this Agreement is held invalid, illegal, or unenforceable to any extent and for any reason by any court of competent jurisdiction, such portion will be excluded to the extent of such invalidity or unenforceability; all other terms of this Agreement will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term will be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
15. MISCELLANEOUS. This Agreement states the complete understanding as to its subject matter, and may only be modified (or any provision waived) by a writing signed by the parties. I understand and agree that this Agreement is legally binding on me, my minor children (if applicable), my heirs, personal representatives, and assigns. All matters arising from, relating to, or connected will be governed by and interpreted under the laws of the State of New York, without regard for any principles that would cause the application of the laws of any other jurisdiction. Any claim or action (regardless of form) connected with, arising from, or relating to this Agreement or Human’s Best Friend will be filed only in a federal or state court located in the County of New York, State of New York, and Company and I irrevocably consent and submit to the personal jurisdiction of such courts and waive any claim that such courts are an inconvenient forum or venue.
16. CONSENT TO ELECTRONIC TRANSACTIONS. I hereby consent to contracting and transacting electronically. Electronic signatures, whether digital or encrypted, are intended to authenticate this Agreement and to have the same force and effect as manual signatures. I understand that I will be deemed to have consented to the terms of this Agreement by purchasing a ticket to or attending Human’s Best Friend.
17. PARENT/GUARDIAN CONSENT FOR GUESTS UNDER THE AGE OF 18. I represent that I am over the age of 18 and/or I am the parent or guardian of a guest that is under the age of 18 (“Minor”). If I am a parent entering into this Agreement on behalf of a minor: (a) I consent to the Minor entering into this Agreement; (b) I guarantee that the Minor will not at any time disaffirm this Agreement by reason of the Minor’s age, capacity or otherwise; and (c) I, on behalf of myself, the Minor and the Minor’s heirs, family members, executors or administrators, releases and holds harmless the Released Parties from any and all liabilities incident to the Minor’s Human’s Best Friend experience, as provided in this Agreement, even if arising from the negligence of the Released Parties, to the fullest extent permitted by law.
BY PURCHASING A TICKET TO OR ATTENDING HUMAN’S BEST FRIEND, I UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES.
