ASSUMPTION OF RISKS, WAIVER AND RELEASE OF CLAIMS, INDEMNITY AGREEMENT, AND DISCLAIMER
If you’re being asked to sign this agreement (referred to below as the “Waiver and Indemnity Agreement”), then it means you’re planning to participate in dog activities with Summit Dog Training! We greet you with a warm welcome. We’re so excited to have you. Please carefully review the provisions below, as they affect your legal rights.
I. INTRODUCTION AND DEFINITIONS
WHAT IS SUMMIT DOG TRAINING? Summit Dog Training includes Summit Working Dog Club, LLC dba Summit Working Dog Club, dba Summit Detection Dog Club, dba Summit Canine Training; Summit Kennels, LLC dba Summit Kennels; Rebecca McCoy; Charles Walters; and all owners, representatives, employees, volunteers, agents, assigns, affiliates, and successors of the limited liability companies (referred to below, both individually and together, as the “Summit Dog Training”). Your boarding, training, or membership agreement is or will be with a Summit Dog Training limited liability company; however, this Waiver and Indemnity Agreement applies to each and every member of Summit Dog Training.
WHAT IS THIS DOCUMENT AND WHAT DO THE CAPITALIZED PHRASES MEAN? This Waiver and Indemnity Agreement is a binding agreement in which you (referred to below as “You” and “Your”) promise to give up Your legal rights against each and every Summit Dog Training entity in the event that You suffer personal injuries or death, Your dog suffers injuries or death, or You suffer other property damages because of Your participation in or other involvement with Summit Dog Training. This Waiver and Indemnity Agreement is also a binding agreement in which You promise to protect each and every Summit Dog Training entity in the event that You or Your dog cause injuries or death to other persons, their dogs, or other property.
“Dog Property Damages” means physical injury, illness, behavioral injury, or death to Your dog and any related costs or damages (e.g., Your emotional distress, loss of companionship, veterinary bills, the value of Your dog).
“Dog Sports and Activities” means dogs, dog sports, dog activities, dog training, dog exercises, and all other dog activities offered by Summit Dog Training.
“Other Property Damages” means damage to, loss of, or theft of Your physical property, such as clothing, training devices, dog accessories, wallets, vehicles, etc.
“Personal Injuries” means physical injury, death, mental or emotional injury, emotional distress, loss of companionship, loss of consortium, pain and suffering, wage loss, medical bills, and all other economic and non-economic damages relating to or arising out of a physical or emotional injury.
WHY AM I BEING ASKED TO SIGN THIS DOCUMENT? Dog Sports and Activities are intended to provide a fun and rewarding experience for You and Your dog. However, Dog Sports and Activities present risks to You and Your dog. Dogs are of course animals and unable to share their thoughts, feelings, and intentions. Dogs, including Your dog, will be frequently and regularly off-leash. Even the best-trained dogs act unpredictively and instinctively. Furthermore, like other types of physical activity and exercise, Dog Sports and Activities present risks to human participants. Summit Dog Training does not offer participation in Dog Sports and Activities to persons unwilling to accept the risk that Personal Injuries, Dog Property Damages, and Other Property Damages may be caused or partially caused by Dog Sports and Activities.
WHAT IF I AM JUST VISITING? Even if You do not have a dog participating in Dog Sports and Activities, Summit Dog Training’s permission for You to participate in Dog Sports and Activities and/or for Your entry on the premises is still conditioned on Your agreement to the terms of this Waiver and Indemnity Agreement.
II. ASSUMPTION OF RISKS
By participating in Dog Sports and Activities through Summit Dog Training, including on Summit Dog Training’s premises at 4215 104th St. E. in Tacoma, Washington (referred to below as the “Premises”), You understand and acknowledge that You (and Your dog(s), if any) are doing so voluntarily, in Your sole discretion, and at Your own risk for Personal Injuries, Dog Property Damages, and Other Property Damages. You shall not rely on Summit Dog Training for any determination as to whether Dog Sports and Activities are appropriate for You and Your dog.
The Washington legislature has determined that all dogs have vicious propensities. By participating in Dog Sports and Activities, You are assuming the risk of dog bites (even from Your own dog), dog fights, and dog maulings.
Furthermore, Washington courts have determined that physical exercise and activities, even when dogs are not involved, carry higher levels of risk to participants than non-physical activities. When You or Your dog participate in Dog Sports and Activities, there is always a risk of serious injury, including the risk of death, to You, Your dog, and other persons or animals.
Not all hazards and dangers associated with Dog Sports and Activities can be foreseen. However, inherent risks include, but are not limited to: the possibility of a dog to behave unpredictability, instinctively, or dangerously, or to disobey commands; the propensity of a dog to behave in an aggressive or dangerous way; the inexperience, negligence, or irresponsibility of other persons, including dog owners and handlers; the negligence of Summit Dog Training (including failed instruction or supervision); the misjudgment of a dog’s reaction to movement, sounds, objects, persons, or other animals; the actions by a dog due to competition, fright, anger, stress, or demanding physical and environmental conditions; and a dog’s movement, such as jumping, pulling, running, or colliding with another dog, a person, or an object.
Other risks include the hazards associated with environmental or weather conditions; Premises defects (such as trips, slips, and falls from uneven ground, other persons, dogs, or physical objects); difficulty in controlling, containing, and confining unleashed dogs; fleas, bacteria, and parasites; equipment or product failure; acute or repetitive injuries to or effects on human and canine bodies, including from demanding exercise (e.g., muscle strains, heart attacks, etc.); and communicable diseases (to both persons and dogs, including but not limited to COVID-19).
Additionally, it is possible that You or Your dog may have negative health effects from Dog Sports and Activities that extend beyond the time in which You participate in Dog Sports and Activities. Your dog may also cause Physical Injuries, Dog Property Damages, and Other Property Damages away from the Premises or after You stop participating in Dog Sports and Activities.
