I, the undersigned and/or Parent/Legal Guardian of the minor child listed below (“Releasor(s)”), warrant and have full authority to authorize this Release on behalf of Releasor.  For and in consideration of Releasor being permitted to voluntarily participate in Puppy Play activities with the designated Puppy I am inquiring about purchasing (“Activity”), and for other valuable consideration, the receipt whereof is hereby acknowledged, on behalf of Releasor, I voluntarily agree as follows:

I acknowledge and agree that Releasor’s participation in the Activity may involve risk of serious injury, including but not limited to injury to myself or the pet, I or my child am/is/are playing with.  On behalf of Releasor(s), I: (i) am not aware of any reason, medical or otherwise, why Releasor should not participate in the Activity; (ii) do hereby certify that Releasor is in good physical condition; (iii) accept all risks, conditions, obstacles, and hazards, whether known or unknown, of Releasor’s participation in the Activity; (iv) assume all risk and danger of personal injury (to Releasor and/or others) or damage or loss of any property arising out of or related to Releasor’s participation in the Activity; and (v) also acknowledge that Releasor is participating in the Activity on a voluntary basis and of Releasor’s own volition.

I hereby agree to defend, indemnify, waive, release, hold harmless, forever discharge, and covenant not to sue Petland Corporate, the Petland store where the Activity took place, Pet Retailers, and other affiliated entities associated with the Activity, and their respective past, present, and future related entities, parents, subsidiaries, affiliates, officers, directors, partners, owners, shareholders, members, governors, agents, representatives, contractors, subcontractors, servants, officials, employees, volunteers, participants, successors, assigns, rightsholders, sponsors, insurers, and other licensees (collectively, the “Releasees”), with respect to any and all causes of action, claims, losses, damages, obligations, liabilities, judgments, amounts paid in settlement, injuries, losses, costs, expenses (including but not limited to reasonable attorneys’ fees and expenses), and demands whatsoever, in law or in equity, which said Releasor or I ever had, now has, or shall or may have against said Releasees or which any personal representative, executor, administrator, heir, next of kin, successor, or assign of said Releasor, hereafter can, shall, or may have, against said Releasees, arising out of or relating to Releasor’s participation in the Activity, including but not limited to Releasor’s death.

I hereby acknowledge that I am to use all due care in my interaction with all animals in my care during my Play time.  I will ensure my child exercises the same due care.  I acknowledge that these are infant canines and are more susceptible to injury than adult dogs.  I shall play in an affectionate manner with the puppy and shall not violently shake or aggressively hold the animal.  I accept personal financial responsibility for any injury (including death) incurred by the animal while in my care.  Should any of the foregoing occur, I will reimburse Petland and/or its franchisee subsidiaries for any and all economic loss resulting in my conduct.

This Release shall be governed by the laws of the State of Florida, without regard to applicable conflicts of laws provisions. Any dispute, claim, or cause of action arising out of this Release shall be settled by mandatory, confidential, final, and binding arbitration in Miami, Florida and administered by and in accordance with the rules of the American Arbitration Association.  Neither Releasor nor I shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities or arbitrate as a representative member of a putative class or in a private attorney general capacity.  The arbitrator shall have the power to award any remedies available under applicable law; provided, however, that the arbitrator shall have no authority to award punitive or other monetary damages not measured by the prevailing party’s actual damages, except as may be required by statute.  Any award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself.  If any portion of this Release shall be held invalid or unenforceable, the remaining portion hereof shall not be affected thereby and shall remain in full force and effect.

Telephonic Communication 

Releasor expressly consents to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from the Releasee, its affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that the Releasor has provided to the Releasee (including any cellular telephone numbers).  Releasor’s cellular or mobile telephone provider will charge Releasor according to the type of plan Releasor carries. Any Member may unsubscribe from receiving text messages or promotional calls at any time by replying STOP to any text message such Releasor receives from the Releasee. Each Releasor acknowledges and consents that following such a request to unsubscribe, such Releasor may receive one final text message from Releasee confirming such request.

On behalf of Releasor(s), I have read this Release and understand its contents and agree to all its terms.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASEES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD OR THE PET MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH TO THE CANINE OR ANY PROPERTY DAMAGE THAT RESULTS IN MY FINANCIAL LIABILITY TO COVER ECONOMIC DAMAGES FROM SUCH ACCIDENT.

YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASEES HAVE THE RIGHT TO REFUSE TO PARTICIPATE OR LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

I UNDERSTAND THAT BY SIGNING THIS RELEASE I AM GIVING UP AND WAIVING MY LEGAL RIGHT TO SUE THE RELEASEES AND/OR TO SEEK COMPENSATION FROM THE RELEASEES FOR ANY INJURIES OR DAMAGES THAT I MAY INCUR AS A RESULT OF OR INCIDENT TO OR OTHERWISE IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.

Vers. 8-25-22