Guest Entry Form - Good Dog Park & Bar

TERMS AND CONDITIONS

These Terms and Conditions (the “Agreement”) are entered into by and between either Pooch Park Birmingham, LLC or Pooch Park Auburn, LLC (each doing business as “Good Dog – Park & Bar” and referred to herein as “PP”), on one hand, and the individual whose name is listed below as the owner (“Owner”). Owner and PP may each be referred to individually as a Party or collectively as “Parties.”

RECITALS

WHEREAS, Owner is the owner and/or individual responsible for the dog(s) identified on Exhibit A, attached hereto (“Owner’s Dogs”);

WHEREAS, PP owns and operates a space designed to be a Owner wishes to use, and have Owner’s Dogs use, the Park (as defined below);

WHEREAS, PP wishes to allow Owner and Owner’s Dogs to utilize the Park (as defined below) on the terms and conditions stated herein; and

WHEREAS, Owner fully understands all covenants, representations, warranties, indemnity clauses, and waivers contained in this Agreement, and by signing below Owner accepts the Terms and Conditions of this Agreement, agrees to ensure the continuing validity of the promises contained herein, and to be bound by all of the foregoing.

NOW, THEREFORE, in exchange for Owner’s temporary, revocable use of PP’s property, including the Park, the Parties agree as follows:

1) Owner is aware that PP is designed to be a bar with a private dog park (collectively, the “Park”) that allows dogs to be released from any physical leash or restraint (“Off Leash”) in designated areas. OWNER UNDERSTANDS THAT ANY TIME GROUPS OF DOGS OCCUPY COMMON SPACE, THERE IS A CHANCE THAT A DOG MAY BE INJURED, MAY ACQUIRE A COMMUNICABLE ILLNESS, OR MAY BE IMPREGNATED. BY SIGNING BELOW, OWNER GIVES PERMISSION FOR OWNER’S DOGS TO OCCUPY SPACE WITH OTHER DOGS, AND ACKNOWLEDGES THAT, ALTHOUGH PP HAS MADE EFFORTS TO PROVIDE A SAFE AND CLEAN ENVIRONMENT FOR DOGS, OWNER IS NOT RELYING ON ANY REPRESENTATION, WARRANTY, OR COVENANT BY PP TO THAT EFFECT. Owner knowingly assumes all risks for any injury or illness to Owner or Owner’s Dogs as a result of Owner’s use of the Park and/or Owner’s Dog’s presence in the Park. Owner acknowledges and agrees that PP assumes no liability for any injuries sustained to or by Owner or Owner’s Dogs, and Owner hereby releases PP from any and all liability arising from or in connection with Owner’s Dog’s presence at the Park, and Owner accepts full responsibility for any and all costs for injury to staff, other owners, other owner’s pets, and damage to PP facilities caused by Owner’s Dogs.

2) Owner understands that Owner must, and hereby agrees to, vigilantly supervise and be in control of Owner’s Dogs at all times during Owner and Owner’s Dogs visits to the Park. Owner is not permitted to leave the Park while Owner’s Dogs remain on the premises. Owner must ensure Owner’s Dogs are kept on a leash in all areas of the Park not explicitly designated as an off-leash area. Owner shall observe all leash laws to which Owner and Owner’s Dogs are subject traveling to and from the Park.

3) Owner represents and warrants that Owner is the Owner of the Owner’s Dogs, or is the Owner’s agent for purposes of visiting the Park with the Owner’s authority to enter into this Agreement on the Owner’s behalf. Owner understands that Owner is solely and fully responsible for Owner’s Dog’s behavior, and shall promptly break up any disturbances or fights involving Owner’s Dogs and other Owner’s Dogs. Owner also understands that Owner is solely and fully responsible for cleaning Owner’s Dog’s waste, trash, and other refuse, and disposing of all such waste in a manner commensurate with any waste cleanup policy implemented by PP.

4) Owner hereby represents to PP that Owner’s Dogs have never previously harmed humans or other animals in any manner, and have never exhibited any signs of aggressive or threatening behavior towards humans or other animals in any manner. Further, Owner acknowledges that PP granting admission of Owner’s Dog to the Park is in reliance upon Owner’s representations regarding Owner’s Dog’s behavior. Owner understands that should any of Owner’s Dogs display or demonstrate aggressive behavior, or behavior deemed unacceptable by any member of the Park’s staff (“Staff”), Owner shall be required to remove Owner’s Dogs from the Park.

5) Owner certifies, represents, and warrants that Owner’s Dogs (i) have been evaluated by a veterinarian and have been deemed by said veterinarian to be healthy, (ii) are at least FOUR (4) months old, (iii) are spayed or neutered if older than SIX (6) months old, and (iv) are current on all vaccinations, including but not limited to DHPP/DAPP, Bordetella, and Rabies. Prior to visiting the Park and upon request by any of the Staff, Owner shall provide proof of current vaccinations to PP. None of the Owner’s Dogs has any condition that could potentially jeopardize the health of other dogs or people at the Park, or any potentially communicable condition, nor had any such condition within THIRTY (30) days hereof. Owner understands that notwithstanding the fact that Owner’s Dogs are vaccinated for Bordetella (Kennel Cough), there remains a chance that the Owner’s Dogs could still contract Bordetella PP shall not be held responsible if Owner’s Dogs contract Bordetella. Owner acknowledges and agrees that PP is relying on Owner’s certifications, representations, and warranties regarding Owner’s Dog’s health.

6) PP may refuse admittance to the Park to any dog or human, or to dismiss any dog that does not meet the health, temperament, or other standards set by PP, or which PP, in their sole discretion, deems appropriate.

7) No person under nineteen (19) years of age (unless accompanied by a parent or legal guardian) shall be permitted in any of the Park’s off-leash areas including, but not limited to, the indoor park, the turf area of the Park, and the outdoor fenced area of the Park. By signing below, Owner acknowledges that Owner is at least nineteen (19) years of age. In addition to the foregoing, Owner covenants that Owner shall not allow any of Owner’s children, wards, or guests under nineteen (19) years of age into any of the Park’s off-leash areas, and that Owner shall indemnify PP for and defend PP against any and all damages stemming from any of Owner’s guests under nineteen (19) years of age being in, or entering, in any manner, any of the Park’s off-leash areas.

8) Any membership associated with this Agreement may be cancelled at any time by Owner, with such cancellation becoming effective upon the expiration of Owner’s current membership term. PP may revoke Owner’s membership if, at any time, Owner’s Dogs misbehave while at the Park, as determined by PP in its sole discretion, if Owner’s Dogs are involved in any fight with another dog, or if Owner’s Dogs bite any person or other dog. PP shall not be responsible for reimbursing or refunding Owner any portion of any membership fees paid by Owner to PP for any unused portion of Owner’s membership.

9) Staff may ask Owner to relocate Owner’s Dogs to a separate play area or to remove Owner’s Dogs from unleashed play at any time, subject to Staff’s sole discretion, and may ask Owner to remove Owner’s Dogs from the Park if the level of play of Owner’s Dogs or any other dog exceeds a level Staff deems acceptable. Owner shall not be entitled to any refund for any visit during which Owner is asked to remove Owner’s Dogs from the Park.

10) OWNER DOES HEREBY AGREE: (I) TO BE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR BEHAVIOR OF OWNER’S DOGS WHILE AT THE PARK, (II) TO BE SOLELY FINANCIALLY RESPONSIBLE FOR, AND SHALL INDEMNIFY AND HOLD HARMLESS PP, INCLUDING ANY OF ITS OFFICERS, EMPLOYEES, AGENTS, AND RELATED PARTIES (“RELEASED PARTIES”); (III) TO RELEASE, WAIVE, DISCHARGE, AND COVENANTS NOT TO SUE RELEASED PARTIES FOR ANY LOSS, LIABILITY, COST, CLAIM, OR DAMAGES OF ANY AND EVERY KIND OR NATURE (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES), EXPENSE (INCLUDING, WITHOUT LIMITATION, COSTS OF INVESTIGATION, DEFENSE AND/OR SETTLEMENT, AND REASONABLE ATTORNEY’S FEES AND/OR EXPENSES), AND/OR CAUSE OF ACTION, WHETHER OR NOT INVOLVING A THIRD-PARTY CLAIM (COLLECTIVELY, “DAMAGES”) ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, AND/OR DEATH THAT OCCURS TO OWNER OR OWNER’S DOG, OR ANY OTHER PERSON OR DOG, AS A RESULT OF OWNER ELECTING TO VISIT THE PARK (INCLUDING DAMAGES CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF PP OR STAFF); AND (IV) TO KNOWINGLY AND VOLUNTARILY ASSUME ANY AND ALL RISK OF HARM TO OWNER, OWNER’S DOGS, OR ANY OTHER PERSON OR DOG (INCLUDING DAMAGES CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF PP OR STAFF).

11) PP may change the rules governing Owner and Owner’s Dogs at any time, without notice, subject to the sole and absolute discretion of PP and its staff.

12) Owner understands and expressly agrees that each of the Owner’s representations and warranties made in the Agreement shall be true, accurate, and valid as of each and every visit of Owner and Owners Dogs to the Park. The provisions of this Agreement shall be in full force and effect, and shall apply to each and every of Owner’s and Owner’s Dog’s visits to the Park until and unless otherwise cancelled or superseded in a writing signed by the Parties.

13) The Parties agree that any dispute arising out of or in any way related to this Agreement shall be governed by and construed according to the laws of the state of Alabama. Each party consents to the jurisdiction of and laying of venue in the state or federal courts sitting in the judicial district in which the Park is situated. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

14) In the event either Party engages counsel to enforce the terms of this Agreement and/or in any action or proceeding between/among the Parties relating to this Agreement, the prevailing Party (i.e., the Party whose major positions taken could fairly be said to have prevailed over the other Party’s/Parties’ major positions on material disputed issues) will be entitled to recover its reasonable attorneys’ fees and costs incurred in that action or proceeding as determined, and to the extent awarded, by a court of competent jurisdiction in a final, non-appealable judgment.

15) WAIVER OF JURY TRIAL. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY TO THIS AGREEMENT CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY, AND (D) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 15.

16) This Agreement, including any membership interests connected hereto, and any items or privileges connected hereto or thereto, may not be assigned or conveyed to a third party at any time under any circumstances. Assignment or conveyance of any of the foregoing shall lead to immediate termination of this Agreement and all rights or privileges appurtenant hereto. Notwithstanding the foregoing, PP may assign its rights or obligations arising under this Agreement to any wholly owned subsidiary or to any entity that purchases all or substantially all of PP’s assets.

17) Upon termination or expiration of this Agreement, Owner shall immediately return any items obtained from PP to be used during the term of Owner’s membership by delivering same to the address of the Park or at such other address as PP may, from time to time, specify.

18) This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

BY SIGNING BELOW OWNER HEREBY CERTIFIES THAT OWNER HAS READ AND UNDERSTANDS THIS AGREEMENT AND ALL PROVISIONS HEREOF, INCLUDING THE WAIVER OF JURY TRIAL, AND OWNER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Complete this form to receive an admittance email for the park.