PARTICIPATION AGREEMENT, RELEASE OF LIABILITY AND ASSUMPTION OF RISK

READ BEFORE SIGNING

In consideration and as a condition of my being permitted to participate in the Purina Pro Plan Human Agility Course (the “Activity”), I acknowledge and agree, on my own behalf, or as the parent or legal guardian for a participant who is a minor (“I” or “myself” or “my” being construed hereinafter to include all such persons), knowingly to enter into this Participation Agreement, Release of Liability and Assumption of Risk (“Agreement”) as follows:

ASSUMPTION OF RISK, WAIVER, RELEASE OF LIABILITY, AND INDEMNIFICATION:

I acknowledge and agree as follows:

1.     I understand that the Activity involves various forms of physical engagement and includes obstacles through and around which I will need to maneuver, including but not limited to ramps to walk over, gates to jump over, tunnels to pass through and poles to weave through. I thus acknowledge and agree that there are inherent dangers and risks of participating in the Activity, including, but not limited to: serious neck & spinal injuries, serious injury to virtually all bones, joints, ligaments, muscles, tendons, and other aspects of the musculo-skeletal system, serious injury to internal organs and serious injury of or impairment to other aspects of my body, general health and well-being, disability and/or death. I specifically acknowledge that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activity.  

2.     I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, whether known or unknown, apparent or latent, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (defined below) or others, and assume full responsibility for my participation in the Activity; and

3.     I HEREBY WAIVE AND RELEASE, THE WESTMINSTER KENNEL CLUB (“WKC”), Nestle Purina PetCare Company, and all of their officers, directors, agents, employees, managers, contractors, participants, sponsoring agencies, sponsors, advertisers, insurers and, if applicable, owners or lessors of premises used for the Activity, and their successors and assigns (collectively the “RELEASEES”), WITH RESPECT TO ANY AND ALL LIABILITY, CLAIMS FOR INJURIES OR HARM, ANY AND ALL DAMAGES, DEMANDS AND CAUSES OF ACTION WHATSOEVER (“CLAIMS”) ALLEGING OR ARISING FROM ANY PERSONAL INJURY, DISABILITY, DEATH, or loss or damage to person or property, that may occur or has occurred, in connection with, or may arise out of or relate in any way to my participation in the Activity, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ANY OF THE RELEASEES, either at law or in equity, to the fullest extent permitted by law.

4.     I agree to indemnify and hold the RELEASEES harmless from any and all losses, liabilities, damages, costs and/or expenses (including but not limited to attorneys’ fees and other litigation costs and expenses) incurred by any of the RELEASEES as a result of any CLAIMS that I (or anyone claiming by, under or through me) may bring against any of the RELEASEE to recover any losses, liabilities, costs, damages, or expenses which arise during, relate in any way to or result from my participation in the Activity, regardless of whether or not caused in whole or in part by the negligence or other fault of the RELEASEES.

CONSENT FOR MEDICAL TREATMENT: This is to certify that I give my written consent to WKC and its representatives for myself and/or any person for whom I am signing this Agreement to obtain medical care from any licensed physician, hospital or clinic for any injury or illness that may arise during, relate to and/or result from my participation in the Activity.  I understand and acknowledge that if I require medical assistance, that any and all such medical assistance will be solely born by me and/or at the expense of my personal insurer(s). I hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expense. I understand and agree that the RELEASEES will not pay for nor will it/they be responsible for any such medical expenses under any circumstance. I further waive and release the RELEASEES from any and all CLAIMS arising out of or related in any way to any such medical assistance, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ANY OF THE RELEASEES, either at law or in equity, to the fullest extent permitted by law.

PHOTOGRAPHS:  I hereby authorize the use and reproduction of my image and/or likeness by WKC and its authorized representatives for any purpose, without compensation or restriction.  I represent and warrant that I have all rights and licenses necessary to grant the foregoing license, that I am aware of no use restrictions for my image or likeness, and that there are no other persons whose permission is required to use the images or likeness.  WKC has the right to modify my image whether by standard photographic techniques or by computer and I hereby waive any rights I may have to inspect or approve the finished product or other matter that may be used in connection therewith or the uses to which it is applied.  I fully release RELEASEES and hold RELEASEES harmless from any and all claims I or others on my behalf may have, now or in the future, regarding my image or likeness and said photos, including claims involving privacy, publicity, libel, defamation, authorship, copyright infringement and moral rights.

CHOICE OF LAW: This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of New York, without reference to choice of law principles.  I understand and agree that this agreement is severable and that if any clause is found to be invalid, the balance of the contract will remain in effect and will be valid and enforceable. 

The terms hereof shall serve as a release of liability and assumption of risk for my heirs, estate, executor, administrator, assignees, and all members of my family.