Guest Waiver

This Release and Waiver (“Agreement”) is entered into between you (“Guest”) and Hobe Sound Dog Club (“HSDC”), effective as of the date when you first book or use HSDC facilities, whichever occurs first. All undefined terms in this Agreement shall have the meanings ascribed to them in the HSDC Terms of Service and/or documents incorporated therein.

1. Representations and Age Verification

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 their duration of use of HSDC facilities. By doing so, you affirm that the minor’s legal guardian or parent has read this Release and Waiver and agrees to its terms on the minor’s behalf. If you book HSDC access on behalf of other Guests, you will ensure, represent, and warrant that each Guest for whom you make the booking 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.

2. Assumption of Risks

You understand and acknowledge that using HSDC facilities may be hazardous and may carry some risk of injury or illness, including but not limited to sickness, physical injury, property damage, disability, permanent paralysis, and death, to you, your dog, or the minor for whom you are responsible.

By using HSDC facilities, you knowingly, voluntarily, and freely assume all risks, both known and unknown, even if those risks arise from the negligence or carelessness of HSDC or others, or defects in the equipment, premises, or facilities at the HSDC facility, or otherwise. You also assume full responsibility for your use of the HSDC facility.

3. Release and Waiver

You acknowledge and agree to the following:

• You have thoroughly assessed the risks involved in using HSDC facilities and have made an informed and voluntary choice to participate.
• You alone, and not HSDC, are responsible for determining your fitness, your pet’s fitness, or the minor’s fitness (if applicable) for using HSDC facilities, as well as your ability to fully understand any directions or warnings presented.
• You will not use HSDC facilities when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely using the HSDC facility.
• You will act reasonably and responsibly, complying with any provided and customary conditions, directions, and precautions for using HSDC facilities. If you notice any hazard at HSDC facilities, you will immediately stop using the HSDC facility.

To the maximum extent permitted by applicable law, you release and promise not to sue HSDC 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 HSDC facilities, 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 Florida 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.

4. Disclaimer of Warranties

To the maximum extent permitted by Florida law, HSDC provides the HSDC facility “AS IS,” without warranties of any kind, whether express or implied. Without limiting the foregoing and to the maximum extent permitted by Florida law, HSDC expressly disclaims any warranties of safety, fitness for a particular purpose, quiet enjoyment, and as to the adequacy of the directions and warnings provided to you.

5. Indemnification

In the event that, notwithstanding this Release and Waiver, you or anyone on your behalf makes a claim against HSDC relating to the use of HSDC facilities, you agree to indemnify and hold HSDC harmless from any liability, demand, loss, damage, or costs which HSDC may incur as a result of such claim.

6. Acknowledgment

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.