Liability waiver and release for members & guests
Kinship Lois Park (“Lois Park”) is committed to providing programs and activities in a safe manner. We hold the safety of Lois Park members, their guest(s) and dog(s) in high regard. Lois Park continually strives to reduce risk and insists that all members and their guest(s) follow the Kinship Lois Park Rules and instructions that are designed to protect them. Acceptance of this Waiver and Release and adherence to the Kinship Lois Park Rules are conditions precedent of membership. Memberships are non-transferrable and may be revoked for non-compliance. Persons who choose to become members of Lois Park must understand there are inherent risks of injury and damage associated with off-leash dog parks.
You are solely responsible for supervising your dog(s) and determining if your dog(s) is appropriate for an off-leash experience that may include many other dogs and people. We do not allow dogs with dangerous propensities, for example, biting or aggressive dogs, whether they are aggressive to people or other dogs. Lois Park reserves the right to determine if a dog is aggressive.
This Waiver and Release refers to “your dog”, “my dog” or “the owner of the dog” and these terms include you whether or not you are not the legal owner of the dog. You are the person responsible for the dog while using this Park.
Warning of Risk
Kinship Lois Park is intended to be used as an outlet for dogs and their owners to get exercise, develop a strong bond, and have a place for members to work with their dog(s) on basic training and obedience if they choose. Despite all warnings, rules and precautions, certain dangers still exist. It is virtually impossible to predict all possible situations that could occur in an off-leash dog park. Risks include: the propensity of any dog to behave in dangerous ways that may result in injury to you, another person, your dog or another dog. Other risks include, but are not limited to, the inexperience, negligence or irresponsibility of a dog owner/handler; the inability to predict a dog’s reaction to movement, sounds, objects, persons, or other animals; and actions by the dog due to fright, anger, stress, insect bites or natural reactions such as jumping, pulling, resisting and biting. Other risks include: the hazards associated with environmental and traffic conditions, acts of God, inclement weather, slips and falls, premises’ defects, equipment failure, failure in supervision, and all other circumstances inherent to dog and/or outdoor activities. Children are especially prone to injuries or death from such things as bites or attacks since they sometimes demonstrate behaviors that may seems threatening or prey-like to dogs. In this regard, it must be recognized that it is impossible for Lois Park to guarantee the safety of members, their guest(s) and dog(s). Each person who uses the Park does so at his or her own risk and assumes the danger of using the Park.
Waiver and Release of All Claims and Assumption of Risk
Please read this agreement carefully and be aware that in consideration for membership, you will be expressly assuming the risk and legal liability of injury, death, damages or loss which you, your children, guest(s) and your dog(s) might sustain, as well as injury and damage to you and your guest(s) property as a result of your use of the Park, and that you will be assuming legal liability to others for any injury, death, or damage to their property they suffer as a result of you, your guest(s) and dog(s) use of the Park. Also be aware that you are releasing Kinship Lois Park from all liability and claims for injury, death, loss or damage to property and all other damage you, your children, guest(s) and dog(s) might incur as a result of becoming a member of, and using, Lois Park Dog Park, and that you are waiving any right to make or assert any claim against Kinship Lois Park for injury, death, loss or damage to you, your children, guest(s) and dog(s) as a result of you, your guest(s) and dog(s) use of the Park.
Agreement to Waiver and Release of All Claims and Assumption of Risk
In consideration for Kinship Lois Park allowing me to become a member of, and to use, Lois Park Dog Park, I agree, on behalf of myself, and, as a parent and legal guardian of my minor children, on behalf of my minor children, as follows: I recognize and acknowledge that there are risks to myself, my guest(s), children, and dog(s) of injury, death and other damage as a result of use of the Park.
On behalf of myself, and as a parent and guardian of my minor children, on behalf of my minor children, and on behalf of my guest(s), I voluntarily agree to assume the full risk of any and all such injuries, death, and damages, regardless of how serious, that I, my minor children, guest(s) and dog(s) may sustain while using the Park. I further agree to waive and relinquish all claims for such injury, death, or damage that I, my minor children or guest(s) may have now, and at any time in the future against Kinship Lois Park, its employees, board members, volunteers, financial supporters, officers, representatives, assigns, agents, divisions, affiliates, attorneys, and all others who might be claimed to be liable on its behalf, as a result of using the Park. On behalf of myself, and as a parent and guardian of my minor children, on behalf of my minor children and on behalf of my guest(s) I do hereby fully release and forever discharge Kinship Lois Park, its employees, board members, volunteers, financial supporters, officers, representatives, assigns, agents, divisions, affiliates, attorneys, and all others who might be claimed to be liable on its behalf, from any and all liability, claims, demands, and causes of action for injuries or death to myself, my minor children, guest(s) or dog(s), damage to property, and all other damages that I, my minor children, guest(s) or dog(s) may now have, whether known or unknown, and which may arise in the future, arising out of, connected with, or in any way associated with my participation in Kinship Lois Park located at 255 NW Sunrise Dr, Waukee, IA 50263.