Welcome to the Payton’s Playground Dog Park. By participating in this activity you must understand that you and others who accompany you are at your and their own risk (and the risk of your dog). You are solely responsible for supervising your dog and determining whether or not this is an appropriate activity. Dogs and permit holders of varying degrees of skill, training, and experience use this facility.

 You are solely responsible for determining if you and/or your dog are physically fit and adequately skilled to use this facility. If you or your dog is pregnant, disabled, or suffering from any illness, injury or impairment, it is always advisable to consult a physician or veterinarian before undertaking any dog training or exercise activity.

 This Acceptance of Risk and Release of Liability Form refers to “your dog” “my dog” or “the owner of the dog” and these terms include you whether you are or you are not the legal owner of the dog. You are the person responsible for the dog while using this facility.

 Payton’s Playground strives to foster an environment that keeps you and your pup engaged. We are committed to providing a safe, clean environment to our members, their guests, and their dogs. While the safety of Payton’s Playground members, their guest(s) and dog(s) are of the highest priority, we are not responsible for any damages of any kind occurring therein, including but not limited to personal injuries to members, their guests, or their dogs. Payton’s Playground continually strives to reduce risk and insists that all members and their guest(s) follow the rules and instructions of Payton’s Playground which are designed to protect them. By executing the Release and entering Payton’s Playground you agree to the rules and conditions of membership. Memberships are non-transferrable and may be revoked if you or your guests do not adhere to Playground rules. Persons who choose to become members of Payton’s Playground must understand there are inherent risks of injury and damage associated with off-leash dog parks. You are solely responsible for supervising your dog(s) and its actions. Members whose dogs exhibit dangerous propensities, for example, biting or showing aggression toward other dogs or humans will have their membership revoked, and will be asked to immediately leave the premises. Understand that the terms “your dog”, “my dog” or “the owner of the dog” include you whether or not you are not the legal owner of the dog. You are the person responsible for the dog while using Payton’s Playground. Payton’s Playground is intended to be used for dogs and their owners to get physical and mental stimulation in a positive environment to help develop and strengthen the human to dog bond.

 WARNING OF RISKS: Despite all warnings, rules and precautions, certain dangers still exist. It is virtually impossible to predict all possible situations that may arise in an off-leash dog park. Risks include, but are not limited to the propensity of any dog to behave in dangerous ways that may result in injury to you, another person, your dog or another dog. Other risks include, but are not limited to, the inexperience, negligence or irresponsibility of a dog owner/handler; the inability to predict a dog’s reaction to movement, sounds, objects, persons, or other animals; and actions by the dog due to fright, anger, stress, insect bites or natural reactions such as jumping, pulling, resisting and biting. Other risks include: the hazards associated with environmental and traffic conditions, acts of God, inclement weather, slips and falls, premises’ defects, equipment failure, failure in supervision, and all other circumstances inherent to dogs and/or outdoor activities. Children are especially prone to injuries or death from such things as bites or attacks since they sometimes demonstrate behaviors that may seem threatening or prey-like to dogs. In this regard, it must be recognized that it is impossible for Payton’s Playground to guarantee the safety of members, their guest(s) and dog(s). Therefore, you acknowledge and understand that this Park is NOT supervised by any employee of Payton’s Playground, and that neither PupStar’s Pet Care nor Payton’s Playground is responsible for members, guests and dogs that use the Park. Each person who enters or uses the Park does so at his or her own risk, assumes the dangers of using the Park, and agrees to be solely responsible for any injuries or damages to themselves, their guests, their dogs, other members, other guests or other dogs.  You further acknowledge that neither PupStars’ Pet Care nor Payton’s Playground assumes any responsibility, whatsoever arising out of your use of the Park.

 Waiver and Release of All Claims and Assumption of Risk - Please read this agreement carefully and be aware that as part of the consideration exchanged for membership, you will be expressly assuming the risk and legal liability of injury, death, damages or loss which you, your children, your guest(s), your dog(s), and other members or their guests might sustain, as well as injury and damage to your property or the property of your guest(s) as a result of your use of the Park, and that you will be assuming legal liability to others for any injury, death, or damage to their property they suffer as a result of you, your guest(s) and your dog(s) use of the Park. Also be aware that you are releasing PupStars Pet Care, Payton’s Playground and any of its partners from any and all liability and claims for injury, death, loss or damage to property and all other damage you, your children, guest(s) and dog(s) might incur as a result of becoming a member of and using Payton’s Playground.  By signing below you are waiving any right to make or assert any claim against PupStars Pet Care, Payton’s Playground or any of its partners or vendors for injury, death, loss or damage to you, your children, guest(s) and dog(s) as a result of you, your guest(s) and dog(s) use of the Park.

 

Acceptance of Risk and Release of Liability Form

 Acceptance of the terms and conditions of this Acceptance of Risk and Release of Liability Form and adherence to Payton’s Playground Dog Park Rules are conditions of membership approval, retention, and renewal for PupStars Pet Care and Payton's Playground. PupStars Pet Care and Payton's Playground may revoke membership at any time for non-compliance.

 I hereby acknowledge that I have voluntarily applied to participate and use, with my dog(s), the dog park area operated by PupStars Pet Care and Payton's Playground. I understand that (1) unleashing my dog and being physically present at a dog park area involves risks of injury to me, any individual accompanying me or my dog(s), other people, my dog(s), and other dog(s), including but not limited to, risks resulting from aggressive dogs, unpredictable behavior, and lack of training; and (2) that despite the efforts of PupStars Pet Care and Payton's Playground to ensure owners have complied, there is a risk that not all dogs present in the dog park are licensed and vaccinated, which could result in injury to human or dog; and (3) PupStars Pet Care and Payton's Playground does not guarantee that dogs in the park are safe or healthy; and (4) additional risks include, but are not limited to escape over and under fences, high speed traffic on nearby streets, dog fights, dog bites, theft, drowning in water features, disappearance or unlawful capture of dogs, being knocked down, chased or tripped by a dog, vegetation or standing water that may be unhealthy if consumed, and (5) use of the dog park is self-directed and not directly supervised by an owner or employee of PupStars Pet Care and Payton's Playground, and (6) violation of these terms, conditions, rules and regulations may result in suspension or revocation of membership and/or dog park privileges.

 I further acknowledge that I (1) have carefully read this release of liability and understand it fully; (2) agree with, and accept its terms and conditions; (3) have received a copy of PupStars Pet Care and Payton's Playground Dog Park Rules for dog park usage and agree to abide by such rules and to inform others I bring into the dog park, including supervised children age 12 or older, and anyone who brings my dog into the dog park, including children 16 and older, of these rules and will ensure their compliance with the rules; (4) agree to immediately report any unsafe property conditions to PupStars Pet Care and Payton's Playground and (5) am not aware of any instance in which the dog I am requesting a visit or membership for has shown aggressive fighting or biting behavior towards other animals and/or people.

 I accept and acknowledge personal responsibility and liability for any injury or damage caused as a result of the wrongful or aggressive behavior of my dog, whether the loss occurs as a result of biting, jumping, scratching, digging, charging or any other behavior. I further assume all risks associated with using Payton's Playground, including its fixtures and equipment, including without limitation the risk of injury to me, any individual (including supervised children age 12 or older) accompanying me and/or accompanying my dog(s), and to my dog(s).

 In consideration of PupStars Pet Care and Payton's Playground permitting me to use the dog park, I hereby fully and forever release and discharge PupStars Pet Care and Payton's Playground, its owners, employees and agents from any claims, demands, damages, rights of action or causes of action present or future, whether the same be known, anticipated or unanticipated, resulting from or arising out of the use or intended use of said dog park and off-leash area premises by me, any spouse, relative, or children of mine, my dog(s) or anyone accompanying me or my dog(s) pursuant to my membership. I fully and forever release and discharge PupStars Pet Care and Payton's Playground, its owners, employees, and agents from any and all negligent acts and omissions in the same, and intend to be legally bound by this release.

 I hereby assume sole responsibility for and agree to indemnify, hold harmless and defend PupStars Pet Care and Payton's Playground, its owners, employees, and agents (“Indemnified Persons”) from and against any and all claims (including bodily injury, death or other damage) and demands, litigation, judgments, settlements, costs, and expenses (including reasonable cost of investigation, court costs and reasonable legal fees, expert fees, and other expenses), naming or in any way involving any Indemnified Persons, to the extent it results or arises from use of the Payton’s Playground by me or any person or dog under my supervision or present in the park pursuant to my membership, or any breach of this Acceptance of Risk and Release of Liability or breach of the Payton’s Playground Dog Park Rules by me or any such person or dog. If any circumstance shall arise in which any Indemnified Person is entitled to indemnity or defense pursuant to this Acceptance of Risk and Release of Liability, I agree that upon written notice thereof I shall immediately assume the defense thereof, including the employment of counsel. The Indemnified Person(s) shall have the right to employ separate counsel in any such action and participate in the defense thereof, and the fees and expenses of such counsel shall be at their own expense.

 I hereby acknowledge that I have carefully read this Acceptance of Risk and Release of Liability, and fully understand, agree with, and accept the terms and conditions that have been outlined above. Further, I acknowledge that I have received and reviewed a copy of the PupStars Pet Care and Payton's Playground Dog Park Rules for use of the dog park and agree to abide by said rules as set forth.

 Additionally, I grant permission to Payton’s Playground to take Photographs and video and I do hereby give authority and permission to PupStars Pet Care to copyright, use and/or publish, without limitation or restriction, photographs of me, my minor children, or my dog(s) that may be taken while at PupStars Pet Care or utilizing Payton's Playground. These photographs will be used for promotion or advertising, and I hereby relinquish any right that I may have to examine or approve said photographs.