IMPORTANT LEGAL DOCUMENT: PLEASE READ CAREFULLY BEFORE ACCEPTING
This Dog Park Liability Acknowledgment and Permission Form (the "Agreement") is made and entered into as of the Effective Date set forth below, by and between BG Dog Parks (the "Operator"), a non-profit organization operating under Section 501(c)(3) of the Internal Revenue Code, and the undersigned individual (the "Participant").
1. PURPOSE AND ACKNOWLEDGMENT OF VOLUNTARY PARTICIPATION
By accepting this Agreement, Participant acknowledges that:
Participant's use of the BG Dog Park on Ridge (the "Dog Park") is purely voluntary.
Participant is a recreational user being given permission to use the Dog Park by the Operator free of charge.
Any equipment or facilities associated with the Dog Park are being used by Participant “as is”.
Participant has read, understands, and agrees to abide by all posted rules and regulations governing the Dog Park.
Participant is at least eighteen (18) years of age and competent to enter into a legal agreement.
Nothing in this Agreement constitutes a waiver of Operator’s recreational immunity. By signing this Acknowledgment, I agree to hold the Operator harmless from any and all liability associated with or arising from my use of the Dog Park.
2. ACKNOWLEDGMENT AND EXPRESS ASSUMPTION OF RISKS
Participant expressly acknowledges that using the Dog Park involves inherent risks, hazards, and dangers, including but not limited to:
Unpredictable canine behavior that may result in bites, scratches, or other injuries.
Transmission of diseases or parasites between animals and/or humans.
Exposure to environmental conditions, uneven terrain, or man-made features.
Other hazards inherent in an off-leash dog environment.
By accepting this Agreement, Participant voluntarily assumes all risks associated with the use of the Dog Park.
3. WAIVER AND RELEASE OF LIABILITY
Participant waives, releases, and discharges the Operator and its representatives from any and all claims, demands, damages, or causes of action arising from or related to:
Injury, harm, or damage to Participant, Participant's dog(s), or property.
Injury, harm, or damage caused by Participant's dog(s) to others.
Claims arising from the ordinary negligence of the Operator or its representatives.
This release does not extend to claims based on gross negligence or willful misconduct.
4. INDEMNIFICATION AND HOLD HARMLESS
Participant agrees to indemnify and hold harmless the Operator and its representatives from any claims, damages, or liabilities arising from:
Participant's use of the Dog Park.
Participant's dog(s)' actions or behavior.
Participant's failure to comply with the terms and conditions outlined in this Agreement or Dog Park rules.
5. PARTICIPANT REPRESENTATIONS AND WARRANTIES
Participant represents and warrants that:
Participant is the legal owner or authorized handler of any dog(s) brought into the Dog Park.
Each dog is current on vaccinations, free from contagious diseases, and not aggressive.
Participant will maintain control of their dog(s) and clean up after them.
Participant has liability insurance covering damages caused by their dog(s).
6. RULES AND RESPONSIBILITIES
Participant agrees to:
Follow all posted rules and regulations.
Maintain visual contact with and control over their dog(s) at all times.
Immediately remove any dog displaying aggressive behavior.
Clean up after their dog(s) and properly dispose of waste.
Operator reserves the right to refuse entry to or remove any dog or person for any reason, including violation of this Agreement or posted rules.
7. SERVICE ANIMALS
Participant acknowledges that service animals may be present in the Dog Park and agrees to respect their working status.
8. REPORTING OF INCIDENTS
Participant agrees to immediately report any incidents, injuries, or property damage involving themselves or their dog(s) to report@bgdogparks.org.
9. EMERGENCY MEDICAL AUTHORIZATION
In the event of injury to Participant, Participant authorizes Operator to contact emergency services and share necessary information for treatment. Participant agrees to bear all associated costs.
10. MEDIA RELEASE
Participant grants Operator permission to use photographs or videos of Participant and/or their dog(s) taken at the Dog Park for promotional purposes. Participant may opt out by contacting Operator in writing.
11. DATA PRIVACY AND RECORD-KEEPING
Participant acknowledges that Operator will collect and store personal information securely and will not share it with third parties except as required by law.
12. COMMUNICATIONS AND UPDATES
Participant agrees to receive updates, notifications, and other communications from the Operator regarding the Dog Park, including but not limited to changes in rules, events, or operational updates. Participant may opt out of receiving such communications by submitting a written request to the Operator.
13. ADDITIONAL LEGAL PROVISIONS
Severability: If any provision of this Agreement is held invalid, the remaining provisions remain in effect.
Governing Law and Venue: This Agreement is governed by the laws of Ohio, and any disputes must be brought in Wood County, Ohio.
Alternative Dispute Resolution: Parties agree to attempt mediation before pursuing legal action.
Class Action Waiver: Participant waives the right to bring or participate in class actions.
Jury Trial Waiver: Participant waives the right to a jury trial.
Entire Agreement: This Agreement constitutes the entire agreement between the parties.
14. PLAIN LANGUAGE SUMMARY
You are using all equipment and facilities associated with the Dog Park “as is”.
You use the Dog Park at your own risk.
You are responsible for your dog's behavior and any damage or injuries it causes.
Operator is not responsible for ordinary accidents or injuries.
You must follow all Dog Park rules and report any incidents.
Your dog must be vaccinated, healthy, and not aggressive.
This Agreement lasts for one year and automatically renews.
This summary is provided for convenience only. The full Agreement above contains the legally binding terms.
14. ACKNOWLEDGMENT OF UNDERSTANDING
BY CHECKING THE BOX BELOW, PARTICIPANT ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND ACCEPT ALL TERMS AND CONDITIONS.