GUEST WAIVER AND RELEASE
In order to use The Secret Oasis Dog Park we require you to accept this Release and Waiver, which is effective between you and The Secret Oasis Dog Park as of the date when you first book or use The Secret Oasis Dog Park, whichever happens first.
You represent that you are 18 years of age or older. If you are bringing a minor as a Guest, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration time The Secret Oasis Dog Park, and have read this Release and Waiver and agree to it on the minor's behalf. If you are booking The Secret Oasis Dog Park on behalf of other Guests, you will ensure, and you represent and warrant, that each Guest on whose behalf you book has read and agreed to this Release and Waiver, which shall apply to each of them as if the reference to "you" was a reference to him/her/they.
Assumption of Risks
You understand and acknowledge that using The Secret Oasis Dog Park may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death, to you or your dog.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF USING THE SECRET OASIS DOG PARK, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE SECRET OASIS DOG PARK OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES AT THE THE SECRET OASIS DOG PARK, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR USE OF THE SECRET OASIS DOG PARK.
Release and Waiver
You acknowledge and agree that:
You have reasonably assessed the risks involved in using The Secret Oasis Dog Park and have made an informed and voluntary choice to participate.
You alone, and not The Secret Oasis Dog Park are responsible for determining your fitness and your pet's fitness for using The Secret Oasis Dog Park and your ability to fully understand any directions or warnings presented.
You will not use The Secret Oasis Dog Park when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely using The Secret Oasis Dog Park.
You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for using The Secret Oasis Dog Park. If you notice any hazard at The Secret Oasis Dog Park, you will stop using The Secret Oasis Dog Park immediately.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE THE SECRET OASIS DOG PARK FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SECRET OASIS DOG PARK, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
You intend this Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SECRET OASIS DOG PARK IS PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SECRET OASIS DOG PARK EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
Indemnification
You agree that if, despite this Release and Waiver, you or anyone on your behalf make a claim against the The Secret Oasis Dog Park relating to an Experience and/or Trip, you will indemnify and hold The Secret Oasis Dog Park harmless from any liability, demand, loss, damage, or costs which The Secret Oasis Dog Park may incur as the result of such claim.
You affirm that you HAVE READ THIS GUEST RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.