VCA Release and Waiver of Liability
All my students attending class at the VCA facility will be required to sign the VCA Release and Waiver of Liability document. Below is a version of this document, please be aware that this may not be the latest version of the waiver.
RELEASE AND WAIVER OF LIABILITY
The individual named below (referred to as “I” or “me”) desires to enter the property owned by BRE Jupiter C2 West CA Owner, LP (the “Owner”) and leased by VCA Animal Hospitals, Inc. (“Tenant” collectively the “Hospital”), commonly known as VCA PetPoint Medical Center & Resort located at 2505 DaVinci Street, Irvine, CA 92614 (the “Property”), for the purpose of attending and participating companion animal training classes and activities performed by or on behalf of Companion Dogs by Sue Myles, Inc. (the “Activity”). In consideration of being permitted by each of the Owner and the Tenant to enter the Property and participate in the Activity, and in recognition of the each of the Owner’s and the Tenant’s reliance hereon, I agree to the terms and conditions:
1. I AM AWARE AND UNDERSTAND THAT ACCESSING THE PROPERTY AND PARTICIPATING IN THE ACTIVITY MAY INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF EITHER THE OWNER OR THE TENANT, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF EITHER THE OWNER OR THE TENANT. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING THE PROPERTY AND PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF EITHER THE OWNER OR THE TENANT OR ANY RELEASEE OR OTHERWISE.
2. I hereby expressly waive and release any and all claims, now or hereafter known, against each of the Owner and Tenant, and each of their respective officers, directors, manager(s), employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to my being on the Property or my participation in the Activity, whether arising out of the ordinary negligence of either the Owner, Tenant, or any Releasees or otherwise. I covenant not to make or bring any such claim against the Owner, Tenant or any other Releasee, and forever release and discharge the Owner, Tenant, and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that California law does not permit to be released by agreement.
3. I shall defend, indemnify, and hold harmless the each of the Owner, Tenant, and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by or awarded against the Owner, Tenant, or any other Releasees arising out of or resulting from any claim of a third party related to my being on the Property or my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of either the Owner or the Tenant.
4. I agree that I will follow all instructions of any onsite property manager or other representative or agent of the Tenant or Owner while on the Property.
5. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention while on the Property. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the each of the Owner and the Tenant from any claim based on such treatment or other medical services.
6. I hereby consent to Dr. Sue Myles’ provision of this executed Release and Waiver of Liability to each of Owner and Tenant upon such party’s request.
7. This Release constitutes the sole and entire agreement of the Owner, Tenant, and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Owner, Tenant, and me and our respective successors, assigns, heirs, executors, and personal representatives. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Orange County, California and I hereby consent to the exclusive jurisdiction of such courts.