By indicating your acceptance, you understand, agree, warrant and covenant as follows:
- Acceptance of K9 Corps Rules. I have read and understand the 2018 K9 Corps Rules and agree to comply fully with the terms and conditions of membership.
- Waiver and Release. I know that entering into and being in the Historic Congressional Cemetery (“Premises” or “HCC”), where dogs are allowed to be off leash, is a potentially hazardous activity (“Activity”). PARTICIPATION IN THE ACTIVITY CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY, RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES, INCLUDING DEATH. I hereby assume the risks involved for myself and for any minors I bring into the Premises including, but not limited to, falls, dog bites, and other potential hazards associated with being in the presence of multiple dogs off leash. I agree to properly supervise any minors I bring into the Premises to ensure that they are safe from any foreseeable danger arising from the Activity. I, for myself and any minors I bring into the Premises, do hereby waive and release, discharge and covenant not to sue the HCC, members of its staff and Board of Directors, and/or any committee members, and their heirs, representatives, successors, assignees, and agents, from all claims or liabilities of any kind arising from any and all Activity occurring on the Premises.
- Limitation of Liability. I AGREE THAT HCC AND OTHER ENTITIES/ INDIVIDUALS LISTED OR REFERENCED ABOVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM MY USE, OR THE USE BY ANY MINORS UNDER MY SUPERVISION, OF THE PREMISES.
- Indemnification. I agree to indemnify and hold each of the entities/individuals listed or referenced above harmless from and against any and all damages, costs, claims, or demands of any kind, including reasonable attorneys’ fees, made by any third party (including, but not limited to, parents of any minor(s) I bring to the Premises) due to, or arising from, or relating to, the Activity by me or any such minors on the Premises.
- Applicable Law. I agree that the statutes and laws of the District of Columbia, without regard to the conflict of laws principles thereof, will apply to all matters relating to the Activity and this Release of Liability. I agree that exclusive jurisdiction for any dispute related to the Activity resides in the courts of the District of Columbia and I further agree and expressly consent to the exercise of personal jurisdiction in the courts of the District of Columbia in connection with any dispute including any claim involving HCC or its affiliates, subsidiaries, employees, contractors, officers, directors, committee members, and any other entity/individual associated with HCC.
- Severability. If any provision of this Agreement and Waiver is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.
BY INDICATING MY ACCEPTANCE OF THIS RELEASE OF LIABILITY, I AM AFFIRMING THAT I HAVE READ AND FULLY UNDERSTAND THE 2018 K9 CORPS RULES AND THE TERMS OF THIS RELEASE OF LIABILITY. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I AM SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY MY ACCEPTANCE TO EXECUTE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.