ACCIDENT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY/HOLD HARMLESS AGREEMENT
PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS IMPORTANT LEGAL RIGHTS. BY SIGNING IT, YOU ACKNOWLEDGE AND ASSUME THE RISKS DESCRIBED BELOW AND RELEASE CERTAIN CLAIMS, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. IT DOES NOT RELEASE CLAIMS THAT CANNOT LAWFULLY BE RELEASED.
This Accident Waiver, Release of Liability, Assumption of Risk, and Indemnity/Hold Harmless Agreement (this “Agreement”) is entered into by the undersigned adult (“I” or “me”) in favor of PUP PUB LLC, a Wisconsin limited liability company, and its members, managers, officers, employees, authorized agents, and volunteers, but only while acting within the scope of their duties for Pup Pub LLC in connection with the Activity or the Premises (collectively, “Pup Pub” or the “Released Parties”).
I. Acknowledgment.
A. Activity. I understand that Pup Pub operates an indoor and outdoor dog-play area and social facility, located at 545 Bay View Rd., Mukwonago, Wisconsin, including an outdoor run, parking lot, walkway, bar area, and common areas (collectively, the “Premises”) at which customers may purchase or consume food and alcoholic beverages where lawfully available, and dogs owned, controlled, or brought by customers may run, jump, bark, wrestle, chase, collide, engage in rough play, protect food, toys, persons, or territory, and otherwise behave unpredictably (the “Activity”). Pup Pub personnel may monitor or manage portions of the Premises, conduct behavioral screening on the first visit, and require vaccine verification to be on file, but such monitoring, screening, and verification does not eliminate the risks associated with dogs, other customers, or the condition and use of the Premises, and is not a guarantee of any dog’s health, temperament, training, or compatibility.
B. Capacity. I represent that I am at least 18 years old and legally competent to enter into this Agreement. I will not participate in the Activity while my ability to do so safely is materially impaired. I will request any reasonable accommodation that I believe is necessary for my participation.
II. Assumption of Risk.
I understand that entering upon or using the Premises and being near dogs involve inherent and reasonably foreseeable risks of bodily injury, death, illness, and property damage. These risks include dog bites, scratches, puncture wounds, falls, collisions, being knocked down, broken or sprained bones, disease or parasite transmission, allergic reactions, property damage, and injuries or damage involving dogs, participants, third parties, gates, leashes, collars, toys, furniture, equipment, uneven ground, mud, water, animal waste, and wet or slippery surfaces. Dogs may act without warning and may react adversely to other dogs, people, food, toys, noise, crowds, alcohol-related behavior, or unfamiliar surroundings.
I voluntarily choose to enter the Premises and participate in the Activity and I knowingly assume the inherent and reasonably foreseeable risks described in this Section, including risks arising from ordinary dog behavior, interactions among dogs or persons, environmental conditions, and my own conduct or the conduct of any dog I bring to the Premises. This assumption of risk is separate from, and does not enlarge, the release of ordinary-negligence claims stated in Section IV below.
If I voluntarily purchase or consume alcoholic beverages, I accept the ordinary and foreseeable risks arising from my own consumption, including impairment of my judgment, balance, coordination, and ability to supervise or control a dog. I will not operate a vehicle, supervise a dog, or engage in any activity on the Premises when my ability to do so safely is materially impaired. I will comply with Pup Pub’s identification, service, consumption, and removal requirements. Pup Pub may refuse service or require that I arrange safe transportation and remove my dog from the Premises. Nothing in this Agreement releases a claim arising from unlawful furnishing of alcoholic beverages, reckless or intentional conduct, or any other liability that applicable law does not permit the parties to release.
III. Representations, Rules, Responsibility.
A. Vaccinations, Health, Temperament. I represent and warrant that each dog I bring to Pup Pub:
(i) is currently vaccinated against rabies as required by applicable law and satisfies the written vaccination requirements that Pup Pub has provided or made available to me and that are in effect on the date of the dog’s visit, including Pup Pub’s applicable requirements concerning distemper-combination and Bordetella vaccines;
(ii) is, to the best of my knowledge, free from any communicable disease, infestation, or other condition presenting an unreasonable risk to persons or animals;
(iii) is, to the best of my knowledge, not subject to any quarantine, isolation order, dangerous-dog restriction, or veterinary restriction that would make its presence at Pup Pub unlawful or unsafe;
(iv) has not, to the best of my knowledge, demonstrated aggression, dangerous behavior, or a propensity to bite or attack that I have failed to disclose to Pup Pub;
(v) is, to the best of my knowledge after reasonable observation and consideration of any applicable veterinary advice, physically able to participate safely in the activities in which I permit it to engage; and
(vi) is at least 4 months old; if more than one year old, is spayed or neutered; is not in heat; and satisfies Pup Pub’s written identification and licensing requirements in effect on the date of the visit.
B. Rules and Regulations. I will comply, and will cause each guest and dog under my control to comply, with Pup Pub’s written rules in effect when I use the Premises and with reasonable safety-related directions given by Pup Pub personnel. Pup Pub may require my dog and me to leave the Premises if Pup Pub reasonably determines that removal is appropriate for safety, rule-compliance, operational, or legal reasons. No rule, policy, sign, or oral direction will amend or expand the release, indemnity, or other allocation of legal liability stated in this signed Agreement unless I separately agree to the amendment in writing or electronically.
C. Responsibility for Dog Conduct. I will maintain reasonable supervision and control of each dog I bring to the Premises and will comply with Pup Pub’s leash, gate, waste-removal, restricted-area, and dog-handling requirements. I will not leave my dog unattended. As between Pup Pub and me, I retain primary responsibility for supervising and controlling my dog during the Activity. Nothing in this provision determines any person’s legal status or eliminates liability that applicable law imposes based on that person’s actual possession, control, custody, or conduct.
IV. Release and Waiver of Claims.
A. Release of Ordinary Negligence Claims. In consideration of being permitted to enter and use the Premises and participate in the Activity, and to the fullest extent permitted by Wisconsin law, I release and discharge the Released Parties from claims for bodily injury, death, illness, or damage to property owned by me including injury to or death of a dog I bring to the Premises, if the claim arises from my entry upon or use of the Premises or participating in the Activity and results from an inherent or reasonably foreseeable risk described in this Agreement or the ordinary negligence of a Released Party. This release includes ordinary-negligence claims involving the maintenance of the Premises, gates, play surfaces, furniture, or equipment; implementation or enforcement of facility rules; behavior screening; vaccine-record verification; and monitoring or management of dog interactions. This release applies only to conditions, conduct, and risks reasonably related to the Premises or the Activity.
I UNDERSTAND THAT THIS PROVISION RELEASES CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.
B. Claims Not Released. This release does not apply to reckless or intentional misconduct, unlawful furnishing of alcoholic beverages, fraudulent concealment, or any other claim or liability that applicable law does not permit the parties to release.
C. Agreement Not to Sue. I agree not to commence or maintain an action against a Released Party based on a claim expressly released under this Agreement. This provision does not restrict a claim excluded from the release or any right that cannot lawfully be waived.
V. Limited Indemnity and Hold Harmless. To the fullest extent permitted by law, I will indemnify and hold harmless the Released Parties from third-party claims, damages, judgments, and reasonable defense costs to the extent arising from: (i) my negligent, intentional, reckless, or wrongful conduct, (ii) my material breach of this Agreement, or (iii) the conduct or condition of a dog I bring to the Premises, including a bite, attack, collision, escape or damage to another person’s property. This indemnity does not apply to the extent a claim is caused by a Released Party’s negligence, reckless or intentional conduct, or violation of law.
Pup Pub must provide reasonably prompt written notice of an indemnified claim and permit me, at my expense, to participate in its defense. Pup Pub may not settle a claim in a manner that admits wrongdoing by me, or fails to provide for my release from the settled claim without my written consent, which may not be unreasonably withheld.
VI. Emergency Response and Veterinary Care. If I am unavailable or unable to act during an emergency involving a dog I brought to the Premises, I authorize Pup Pub to take reasonable measures to protect persons and animals, including separating or restraining the dog, arranging transportation, and seeking emergency veterinary services. Pup Pub may select a reasonably available veterinary provider if circumstances require immediate care. I am responsible for reasonable third-party veterinary and transportation expenses incurred for my dog, except to the extent those expenses result from the negligence or other legally actionable conduct of a Released Party. Pup Pub does not undertake to provide medical or veterinary services.
VII. Minor Participants. If I sign this Agreement as the parent or legal guardian of the minor identified below, I acknowledge the risks described in this Agreement, consent to the minor’s participation, and will instruct the minor to comply with Pup Pub’s written rules in effect during the visit and with reasonable safety-related directions given by Pup Pub’s personnel. I remain responsible for complying with Pup Pub’s rules and for exercising reasonable care in supervising the minor. I understand that my signature may not release claims belonging independently to the minor and this acknowledgment shall not be construed as releasing any claim that Wisconsin law does not permit me to release on the minor’s behalf.
VIII. Miscellaneous.
A. Voluntary Participation and Opportunity to Review. I acknowledge that I have read this Agreement in its entirety, understand that it affects important legal rights, have had sufficient time to consider it, and have had an opportunity to ask questions before signing. I understand that my entry onto and use of the Premises, my participation in Pup Pub activities, and my decision to bring any dog to Pup Pub are voluntary.
B. Governing Law and Venue. This Agreement is governed by the laws of the State of Wisconsin without regard to conflict-of-laws principles. Any action arising from this Agreement or activities at the Premises shall be brought in a state or federal court having jurisdiction in Waukesha County, Wisconsin, and each party consents to that court’s personal jurisdiction and venue.
C. Entire Agreement. This Agreement and the written rules expressly incorporated into it constitute the entire agreement concerning the matters addressed herein. No oral statement modifies this Agreement.
D. Severability. If any provision of this Agreement is held unenforceable under Wisconsin law, that provision will be enforced to the maximum extent permitted only if doing so does not materially alter the parties’ expressed allocation of risk. Otherwise, the provision will be severed and the remaining provisions will remain in full force and effect.
E. Duration. This Agreement applies to each visit I make to the Premises occurring during the 12 months following the date of signature. Pup Pub will obtain my renewed assent before applying a material amendment to the release, indemnity, dispute-resolution provisions, or other allocation of legal liability.
F. Electronic Execution. I agree that this Agreement may be presented, signed, and retained electronically. My electronic signature, initials, or other affirmative electronic acceptance made through Pup Pub’s signing process has the same effect as my handwritten signature. Pup Pub will make the complete accepted version available to me in a form that I can retain. Electronic acceptance is effective only when the signing process identifies the version accepted, records the date and time of acceptance, and requires an affirmative act demonstrating assent.
[SIGNATURE PAGE FOLLOWS]
ACKNOWLEDGMENT
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT I UNDERSTAND IT, AND THAT I SIGN IT VOLUNTARILY. I UNDERSTAND THAT IT INCLUDES AN ASSUMPTION OF RISK, A RELEASE OF CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, AN AGREEMENT NOT TO SUE ON RELEASED CLAIMS, AND A LIMITED INDEMNITY FOR CERTAIN THIRD-PARTY CLAIMS.