This Open Gym Waiver (this "Waiver"), dated as of the date of the signature below (the “Effective Date”), concerning the dog attending Open Gym (“PUPil”), is by and between UniFURsity Club, LLC, a Wisconsin limited liability company (“UniFURsity”), and the undersigned (the “Client”).
The purpose of the Open Gym is to provide your PUPil with a venue for playing and socializing with other PUPil’s outside of normal business hours. PUPil’s participation in UniFURsity’s Open Gym is subject to the terms and conditions contained in this Waiver. Please read this document carefully before signing.
TERMS AND CONDITIONS
1. Participation Requirements: To participate in the Open Gym, PUPil must be (1) enrolled at UniFURsity and/or have successfully completed UniFURsity’s behavioral screening process; (2) in Good Health. Good Health shall mean: (i) vaccinated for Rabies, Distemper, and Bordetella, (ii) free of ticks, fleas and ear mites, (iii) free of contagious diseases, including but not limited to parasites, respiratory infections and skin infections, and (iv) free of any and all injuries, including but not limited to sprains, wounds, etc.; and (3) ACCOMPANIED AND SUPERVISED BY CLIENT THE ENTIRE TIME.
2. Entry Fee: The entry fee for the Open Gym is due at check-in. Payment must be made by credit or debit card. Fee is subject to change. Any change in fee will be communicated to client in advance.
3. Supervision and Assumption of Risk: While we will have staff on site, CLIENT SHALL BE SOLELY RESPONSIBLE FOR SUPERVISING HIS OR HER PUPIL DURING THE OPEN GYM. Please note that there are inherent risks in allowing PUPils of different sizes, breeds, and personalities to interact; and therefore, such interaction may result in injuries. Accordingly, Client understands and agrees to supervise his or her PUPil at all times during the Open Gym and to assume all risks associated with such interaction, including but not limited to bodily injury to PUPil, destruction of property, illness, or death. Further, Client agrees to permit UniFURsity’s staff to take any and all necessary action(s) to resolve altercations between PUPils if needed.
4. Indemnification: Client shall defend and indemnify UniFURsity, its employees, officers, agents, and directors from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses, including without limitation attorneys’ fees and costs, which result from attending UniFURsity including, but not limited from liability from any and all illness, injury, loss or death resulting from UniFURsity’s actions, Client’s PUPil’s actions, or the actions of any other PUPil while at UniFURsity.
5. Access and Restrictions: Client and PUPil will only have access to the first floor of the facility, including the two indoor play areas and the equipment and toys (tennis balls) therein and the outdoor play area. No food or water will be permitted during the Open Gym. Further, no more than two individuals may accompany a single PUPil to the Open Gym.
6. Denial and/or Revocation of Admission: To ensure the safety and wellbeing of each and every PUPil, we reserve the right to deny or revoke admission at any time to any PUPil and for any reason.
7. Governing Law and Jurisdiction. This Waiver regardless of the principles of conflicts of laws, shall be governed exclusively by and construed in accordance with the laws of the State of Wisconsin. The Parties hereby irrevocably agree to exclusive jurisdiction and venue of the Waukesha County Circuit Courts, waiving any defense as to a lack of subject matter or personal jurisdiction.
For good and valuable consideration, the sufficiency of which is acknowledged herewith, and subject to the terms and conditions attached, the parties hereby agree to be bound as of the date of the signatures set forth below.