Big Sky Working Dogs Training Liability Waiver

BIG SKY WORKING DOG CLUB

RELEASE, WAIVER OF LIABILITY, INDEMNIFICATION, AND

ASSUMPTION OF THE RISK AGREEMENT

IN CONSIDERATION OF the risk of injury that exists while participating in DOG TRAINING (hereinafter the "Activity"); and 

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same; 

I HEREBY, for myself, my heirs, next of kin, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this RELEASE, WAIVER OF LIABILITY, INDEMNIFICATION, AND ASSUMPTION OF THE RISK AGREEMENT (“Release”) and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and 

I understand that attendance at a schutzhund (IGP) training session, trial, seminar, or other related function is not without risk to myself, members of my family, my dog or any guests who attend these functions. I realize the dogs that I may be exposed to may be difficult to control and may cause injury even when handled with the highest level of care.

I HEREBY release and forever discharge BIG SKY WORKING DOG CLUB, located at 150 Overo Trail, Bozeman, Montana 59714, their employees, officers, members, guests, seminar personnel, affiliates, managers, sponsors, agents (e.g., paid or unpaid helpers and/or judges), assistants, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any and all liability of any nature, for injury (i.e., physical or psychological) or damage resulting from the actions of any dog, individual, or training activity, and I expressly assume the risk of such damage or injury while attending any activity or function held by Releasees or while on any grounds used by Releasees in association with Releasees’ activities. I also agree to release from responsibility any person or company upon whose property Releasees may be holding any activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY. 

I hereby agree to indemnify, defend and hold harmless Releasees and the organizations under the American Working Dog Federation (AWDF), their employees, officers, members, judges and guests, and other agents free of any and all claims, or claims by any member of my family or any other persons accompanying me to any activity held or sponsored by Releasees or while on grounds used for Releasees’ activities or the surrounding areas thereto as a result of actions by any dog, person, or activity, including those of myself, my family members or guests. I further agree to indemnify, defend and hold harmless Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs directly and/or indirectly related to attendance and/or training at a Releasees’ activity and/or event. 

I expressly acknowledge that I bear full responsibility for the actions of my dog at all times, including, but not limited to, while at club activities, out in the community and while interacting with or being handled by any other individual, including my family members. I agree to keep my dog properly restrained and under reasonable control during training sessions and at club activities and venues. I also agree I shall be wholly responsible for the actions of my dog away from club activities, and I expressly release and hold harmless Releasees for any actions of my dog that might be directly and/or indirectly stated, implied or construed to be a result of any Releasees training.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Releasees to provide all emergency medical care deemed necessary, including but not limited to: first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance and have ample home insurance to cover the possible actions of my dog.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the Releasees’ official or agent, regarding my approval to participate in the Activity. 

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE RELEASEES, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION, WHETHER CAUSED BY MY DOG OR ANOTHER’S DOG, AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST RELEASEES FOR: (i) PERSONAL INJURY CAUSED (a) TO ME AND/OR (b) OTHERS; AND (ii) PROPERTY DAMAGE. 

To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Releasees. 

I agree that this Release shall be governed for all purposes by Montana law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. 

In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness. 

THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant and Big Sky Working Dog Club agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. 

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.