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DOG PPL Inc.

 

Liability Waiver, Park Rules & Regulations, and Membership Agreement Regulations

 

 

 

THIS AGREEMENT is entered into by and between DOG PPL Inc., a corporation organized under the laws of California (“DOG PPL”), and the individual(s) whose name(s) is listed below, and who is the Buyer(s) (the “Buyer(s)” and “DOG PPL” are hereinafter sometimes referred to, collectively, as the Parties, and each a (“Party”) of the dog(s) more particularly described as “Buyer’s Dog(s)”.

 

 

 

LIABILITY WAIVER

 

 

 

RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK:

 

Buyer(s) understand(s) that DOG PPL has created the park for dogs, their owners, and their guests to enjoy together. Buyer(s) understand(s) that the use of this park means that Buyer(s) is assuming certain risks of damage or injury to Buyer, Buyer’s guest(s), Buyer’s property, Buyer’s dog (s), and to others in the park and associated facilities. Buyer(s) expressly acknowledges and recognizes that when dogs are around unfamiliar people and other dogs, there is an inherent risk of accident or injury which may result and that people, dogs, and/or property might be injured or damaged.

 

 

 

In exchange for Buyer(s) using DOG PPL and its associated facilities, and as a condition precedent to same, Buyer(s) hereby agree to assume these risks, for Buyer himself/herself, Buyer’s guest(s), Buyer’s property, and Buyer’s dog(s). Buyer(s) agrees to stay vigilant regarding the property and regarding Buyer’s guest(s), Buyer’s property, and Buyer's dog(s). Buyer(s) agrees that it is solely my responsibility to determine whether the DOG PPL property itself and any particular situation involving other members, guests, and dogs are safe for Buyer, Buyer’s guest(s), Buyer’s property, and Buyer’s dog(s).

 

 

 

In allowing my dog (s) on the DOG PPL property (on or off-leash) Buyer(s) understands and assumes the risks associated with and agrees to accept responsibility for any and all problems or damages that may occur, both foreseen and unforeseen, including by way of example and not by limitation the following:

 

  • Ingestion of materials or substrates in an outdoor environment

 

  • Injuries related to outdoor environments/agility equipment

 

  • Potential encounters with wildlife including birds, biting or stinging insects or fleas and ticks

 

  • Skin allergies/hot spots

 

  • Torn toenails

 

  • Cruciate tears/orthopedic problems

 

  • Bite wounds or injuries to dogs or humans

 

  • All other injuries that may be sustained by a dog or human

 

  • Upper respiratory infections/possible contagious infections

 

  • Weather-related health issues

 

 

 

In exchange for the opportunity to use DOG PPL property and its associated facilities, and as a condition precedent to same, to the maximum extent permitted by law, Buyer(s), on behalf of Buyer, Buyer’s dog(s), and on behalf of all Buyer’s guest(s), and all other guests utilizing DOG PPL property including all invitee(s), associate(s), affiliate(s), and agent(s), hereby indemnify, hold harmless, release, discharge, and agree to defend DOG PPL, and its officers, directors, members shareholders, representatives, agents, affiliates, subsidiaries, parent companies and employees from any and all liability, claims, demands, causes of action, loss, damage, or injury to any person, dog, and/or property, including any death and serious injury, while being on, or using, DOG PPL’s property, its amenities and its associated facilities. The indemnification obligations in this paragraph are in addition to and not in lieu of any common law indemnification to which DOG PPL may be entitled. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph.

 

Buyer(s) also agrees to be responsible for and control over Buyer’s guest(s), dog(s), invitee(s), associate(s), affiliate(s), and agent(s), and for any liability caused by Buyer and my guest(s) and/or my dog(s) while on DOG PPL’s property, in the use of DOG PPL’s amenities and its associated facilities. To the maximum extent permitted by law, Buyer(s) agree to indemnify, hold harmless, and defend DOG PPL and its officers, directors, shareholders and employees from any and all liability, claims, demands, causes of action, loss, damage, and/or injury to person, dog, and/or property, including any death and serious injury which may be caused by myself, my

dog(s), guest(s), invitee(s), associate(s), affiliate(s), and/or agent(s) while on the DOG PPL’s property and its associated facilities. The indemnification obligations in this paragraph are in addition to and not in lieu of any common law indemnification to which DOG PPL may be entitled. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph.

 

 

 

Buyer(s) is 18 years old or older and has the legal capacity to enter into a binding contract. Buyer(s) intends for the foregoing provisions under this heading to binding upon Buyer’s heirs, personal representatives, estates, beneficiaries, next of kin, and assignees. By executing this contract, Buyer(s) understands and agrees to the terms set forth herein, and agrees to be bound by them.

 

 

 

Buyer acknowledges the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.

 

Buyer further acknowledges that DOG PPL has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.

 

Buyer further acknowledges that DOG PPL cannot guarantee that buyer will not become infected with the Coronavirus/COVID-19. Buyer understands that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, DOG PPL staff, and other DOG PPL customers.

 

Buyer voluntarily seeks services provided by DOG PPL and acknowledges that Buyer is increasing their risk to exposure to the Coronavirus/COVID-19. Buyer acknowledges that they must comply with all set procedures to reduce the spread while at DOG PPL

 

Buyer attests that:

 

  • Buyer is not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.

 

  • Buyer does not believe that they have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.

 

  • Buyer has not been diagnosed with Coronavirus/COVID-19 and not yet cleared as non-contagious by state or local public health authorities.

 

  • Buyer is following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.

 

Buyer hereby represents and warrants to DOG PPL Buyer’s dog is current on Rabies and Distemper (DHPP, DHLPP, DA2PP) vaccinations.

 

Buyer acknowledges that vaccinations cover a limited number of disease strains and Buyer hereby releases DOG PPL from any liability should Buyer’s dog be exposed to any diseases while on the premises.

Buyer understands that DOG PPL is NOT responsible for any lost, damaged, or stolen personal items of any value left by Buyer.

Buyer understands that the DOG PPL is open to all breeds.

Buyer understands that in order for DOG PPL to maintain a flea-free facility, all dogs found to have fleas will be asked to leave the park.

 

Buyer understands the playgroups are NOT supervised by DOG PPL staff at all times and knowingly accept the risk associated with allowing Buyer’s dog(s) to play communally with other animals while on the premises. Buyer acknowledges that while DOG PPL makes every effort to facilitate healthy and safe play, dog behavior is unpredictable and may change at any time without warning.

 

 

 

Buyer accepts full responsibility for the conduct and behavior of Buyer’s dog(s) and release DOG PPL and other dog owners from all liability associated with Buyer’s dog’s communal play up to severe injury and including death.

 

Buyer acknowledges and agree that DOG PPL is not responsible for any wildlife that may enter the park grounds including squirrels, possums, birds, etc. Buyer understands that such wildlife may a) carry disease b) be consumed by Buyer’s dog c) injure Buyer’s dog. .

 

 

 

Buyer acknowledges that DOG PPL has clearly displayed their policies regarding Park Rules and etiquette and Buyer agrees to those policies.

 

 

 

Buyer authorizes DOG PPL staff members to take photos of Buyer’s dog(s) for client file, advertising/marketing purposes to include, but not limited to, print, signage, website, and social media.

 

GENERAL PROVISIONS

 

Modification. No modification, amendment or alteration of any provision of this Agreement shall be effective unless contained in a written agreement signed by both Parties and delivered in accordance with the provisions of this Agreement. Such modification, amendment or alteration shall be effective only in the specific instances and for the specific purposes for which given.

 

Waiver. The failure of either Party to this Agreement to insist on the performance of any of the terms or conditions of this Agreement or to exercise any right or privilege under this Agreement or the waiver of any breach of the terms of this Agreement, shall not be construed as thereafter waiving any such terms, conditions, rights or privileges.

 

Choice of Law. This Agreement and all matters collateral thereto shall be governed by and interpreted in accordance with the laws of the State of California.

 

Jurisdiction and Venue. Any action at law, suit in equity, or other judicial proceeding arising out of or related to this Agreement shall be exclusively instituted and maintained in the courts of Los Angeles County, California, and each party waives the right to change venue. The parties also agree to submit to the exclusive jurisdiction of the State of California and waive any defense of lack of personal jurisdiction.

 

Jury Trial Waiver. The Parties agree that any controversy which may relate to or arise out of this Agreement and/or the relationship between the Parties would involve complicated and difficult factual and legal issues and that any action brought by either party against the other shall be determined by a judge sitting without a jury and the parties waive any and all rights to a trial by jury.

Attorneys’ Fees and Court Costs. In the event either party is required to commence a judicial action regarding a dispute between the Parties concerning this Agreement, the prevailing party shall be entitled to recover from the other its reasonable attorneys’ fees and court costs incurred in such action

 

Severability. If any provision of this Agreement shall be invalid and unenforceable under applicable law, the same shall be deemed stricken from this Agreement and shall in no way affect any other provisions of this Agreement. Moreover, said invalid or unenforceable provision shall be reformed, if possible, so as to most closely accomplish the intent of the Parties consistent with applicable law. This Agreement shall remain in full force and effect and shall be construed in all respects as if such invalid or unenforceable provision were omitted.

 

Consultation With An Attorney. Buyer(s) have had the opportunity to consult with an attorney before the execution of this Agreement.

 

 

 

PARK RULES & REGULATIONS

 

Entry Requirements

 

  • All dogs must have a single-day pass, monthly or annual membership to be allowed on the premises.

 

  • All dogs must be at least four months of age.

 

  • All dogs must be current on vaccinations. Please upload vaccination records online via Membership Portal prior to arrival. We require current Rabies and Distemper (DHPP, DHLPP, DA2PP) vaccinations. Dogs with contagious health conditions are not permitted in the park. All dogs must be flea and tick free.

 

  • All dogs over 8 months of age must be spayed or neutered, dependent on your vets' recommendation we will extend a grace period not exceeding 12 months old. No dogs in heat.

 

  • All dogs must be off-leash at all times in the park.

 

  • Three dogs maximum per Buyer.

 

  • Only flat-buckle collars or harnesses should be worn by dogs. Prong, pinch, choke, chain, and electric collars are not allowed in the park.

 

  • By entering the yard, you permit DOG PPL staff (Rufferees) to handle your dog and break up any fights that may ensue.

 

 

 

Dog Behavior

 

  • Aggressive behavior. If this is observed, immediate action will be taken: Buyer’s dog(s) may be pulled from the pack and Rufferees will do whatever they have to do to prevent the behavior from reoccurring (time-out, redirect behavior, etc.) If this aggressive behavior persists, we reserve the right to ask for the parent to take the dog for a time-out or you may be asked to remove Buyers dog(s)from the yard/premises until they can play nicely.

 

  • Dog fights. Some experts recommend the following method for breaking up a dog fight: each owner grabs their own dog by the nape of the neck and pulls up and out away from the other dog, then holds onto the dog until they calm down. No method is risk-free, even your own dog could still bite you. Rufferees are trained to read signs of aggression before a fight starts, but fights cannot always be prevented.

 

  • No bullies. Rough play is acceptable as long as it is consensual. Rough play is not accepted if the dogs involved aren’t comfortable with the situation. Mounting should be discouraged as it is generally not enjoyed by the dog being mounted. If behavior ensues, and altercations are taken to stop the activity, the dog may need to be fully supervised by the owner or asked to take a time-out.

 

 

 

Human Behavior

 

  • DOG PPL is non-smoking both inside and out. Second-hand smoke and cigarette butts are hazardous to dogs.

 

  • No outside food, outside drinks, glass containers, or treats are permitted.

 

  • While Rufferees are present to watch the dogs and pick up waste, we ask that you pick up after your dog if a Rufferee is occupied in another section of the park.

 

  • At no point can you leave the property without your dog. This may result in revocation of membership.

 

  • Although Rufferees are available in the park to help supervise your dog, they are not intended to be the sole monitor. Make sure you are checking on your dog(s) periodically if you are not in the park.

 

  • Children under 18 years of age are not permitted to enter DOG PPL’s dog park. Under approved circumstances by staff all children must be under strict adult supervision at all times.

All children enter at their own risk. Children may not climb on play equipment, run in the park, or tease/taunt dogs.

 

  • Members must either retain possession of their leashes or utilize leash racks. DOG PPL is not responsible for lost leashes; however we will do what we can to help you find them.

 

  • Members are responsible to ensure their dog(s) do not dig holes or cause other damage to park plants or property. If digging ensues after actions are taken to stop the activity, the dog may need to be fully supervised by the owner.

 

  • DOG PPL management staff has the right to refuse service to any guest for any reason.

 

  • Please open only one gate at a time, and be careful not to allow other dogs to enter or exit with you.

 

  • If a human guest is intoxicated and unable to walk (with a dog) in a straight line, they will be sent home in a taxi or other form of independent transportation.

 

  • Dogs must be “on a leash” when exiting the Park.

 

  • DOG PPL is not responsible for any injury, illness, or damage caused on our premises, and all human guests must be responsible for their dogs. If your dog causes any damage to a person or property by nipping, biting, or otherwise, you are responsible!

 

*For all emergencies, notify staff immediately. The address for the park is 1338 5th St Santa Monica, CA 90401.

 

Failure to comply with the above Rules and Regulations could result in revocation of membership.

 

 

 

MEMBERSHIP AGREEMENT REGULATIONS

 

By signing this Agreement you, the Buyer(s), who have purchased for your dog(s) a membership (Day Pass, Monthly, or Annual) at DOG PPL, the Buyer(s) agree(s) that the membership fees are non-refundable unless DOG PPL is no longer able to provide a substantial number of the services offered when this Agreement was signed, in which case Buyer(s) will receive a prorated refund.

 

Buyer(s) agree(s) that the membership is not transferable however professional dog-walking services may utilize DOG PPL provided that the dog has a current membership with the park.

Additional dogs owned and registered by the Buyer(s) may be added to those named above provided the dogs are approved of by park management and the prorated difference in membership rate, if any, is paid.

 

Monthly and Annual memberships are paid in advance monthly/annually, on the calendar date which the membership became activated, for the following month/year. Monthly/Annual membership payments shall be made via automatic debited payment (credit card or debit card). In the event of a declined credit card/debit card, the Buyer’s account will be suspended, pending the Buyer updating their payment information and their membership dues paid in full.

 

By enrolling in an auto-debit contract, you authorize DOG PPL to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly/annual payments on your unlimited auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) DOG PPL will initiate transfers/charges pursuant to this authorization not to exceed the amount of your Monthly/Annual Membership. DOG PPL may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. DOG PPL cannot be held responsible for errors in processing due to expired or inaccurate information.

 

Membership Cancelation Policy: You may cancel your Membership at any time. You must contact DOG PPL via phone, email, or in-person no less than five (5) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take effect on the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than ten (10) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be canceled as of the date of the subsequent billing payment due date.

 

DOG PPL reserves the right to deny entry to the facility or membership in the facility for any reason and to terminate membership or expel a person and/or dog from the facility for any reason at DOG PPL’s sole discretion. If DOG PPL terminates a membership, DOG PPL reserves the right to retain or return any prorated fees at its sole discretion.

 

DOG PPL INC. MEMBERSHIP APPLICATION SIGNATURE

 

I certify that all of the above information is correct and complete. I certify that I have read and understood the Liability Waiver, Park Rules & Regulations, and Contract Regulations, and will abide by them at all times when on DOG PPL property, and shall ensure that any guests, children, or other individuals accompanying me or upon my direction shall abide by such rules and regulations at all times. I am aware that I am solely responsible for my actions and the actions of my dog(s), including but not limited to damage to the park and/or injuries caused by

my dog(s) to any other dog(s) or persons using the dog park. I understand that DOG PPL reserves the right to alter or amend its rules at any time at its sole discretion.

 

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.