Liability Waiver

​DISCLAIMER

All information and activities in our fitness programs and courses are for informational and educational purposes only and are designed for sound, healthy dogs. Our canine conditioning instructors are NOT veterinarians or rehab specialists and cannot and will not diagnose or treat illness, disease, injury, or any other canine physical or mental disorder. The instructor cannot and will not prescribe any treatments, pharmaceuticals, or supplements/remedies. Canine conditioning and fitness activities are not a substitute for veterinary care, exams, diagnoses, and treatment. There are some injuries and health conditions where conditioning/fitness/working activities are not recommended and could be detrimental to the dog. All dogs participating in conditioning, fitness, performance, sporting, or working activities should have veterinary clearance and approval to engage in these activities (including strength training, interval training, endurance training, balance work, stretching, and so on). While there is a wide variety of benefits to dogs engaging in conditioning and fitness programs, no results are guaranteed. Enrollment in this program is based on the results of a pre-assessment form and that we have no reason to believe your dog has any underlying injuries that you did not disclose to us. Enrollment is also based on clearance by your veterinarian to start canine conditioning with your dog. Completion and signing of this form results in no obligation on the instructors part to take the dog and owner into a conditioning program.

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WAIVER/RELEASE OF LIABILITY

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RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISKS AGREEMENT (hereinafter referred to as the "Waiver Agreement") PLEASE READ ENTIRE DOCUMENT CAREFULLY!!! BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. By signing this agreement, you acknowledge and agree that this Waiver Agreement is voluntary and knowingly entered into by you. Any reference to Performance Unleashed LLC in this Waiver Agreement includes its’ owners, employees, officers, agents, students, clients, and volunteers, and all other persons or entities acting in any capacity on their behalf. IN CONSIDERATION of you and/or your dog’s participation in Performance Unleashed LLC fitness training services offered by Performance Unleashed LLC, by signing this Waiver Agreement , you acknowledge and agree to the following terms and conditions of the Waiver Agreement on behalf of yourself, your spouse, children, parents, heirs, assigns, personal representatives and estate. This document is a full release and indemnity agreement whereby you are agreeing to release and indemnify Performance Unleashed LLC from all risks, known and unknown/unanticipated risks, involving all activities carried out by Performance Unleashed LLC or on Performance Unleashed LLC premises, which are related, arise out of, or are in any way connected with you and/or your dog’s participation in activities at Performance Unleashed LLC.

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These risks include, but are not limited to, the inherent risk associated with dogs and dog related activities, the risks associated with dog training and dog care, and human error and NEGLIGENCE. You and your dog will be engaged in activities involving, but not limited to fitness training.  You agree to abide by all policies and procedures set out by Performance Unleashed LLC. Without limiting the generality of the foregoing: You agree to abide with all rules and regulations and protocols as explained by Performance Unleashed LLC which includes, but is not limited to, the safe and proper usage of fitness and training techniques and equipment at Performance Unleashed LLC and its premises; You are informed and understand: Certain activities that my dog may participate in during the training sessions or fitness training, involve risk and possible injury, including, but not limited to: Exposure to parasites, viruses, and other medical conditions passed from dog-to-dog or person-to-dog; Sprains, strains, bites and broken bones; Fatigue, dehydration, lacerations or death. All exercises can cause injury if not executed with proper form. I will not hold Performance Unleashed LLC responsible if my dog gets injured while performing exercises designed by Performance Unleashed LLC.  You further understand that not each and every potential risk can be listed above. You understand that it is my responsibility to ensure that my dog has the appropriate health and fitness level to engage in fitness activities. You are further informed and understand: That you may be exposed to certain risks when bringing your dog to participate in activities at Performance Unleashed LLC or when picking up your dog from participating in activities at Performance Unleashed LLC. Such risks may include property damage, and/or physical injury inside or outside the facility, such as falling, slipping or dog bites. That there are risks involved with training animals, including dogs, as their behavior can be unpredictable; That a dog may, at any time, without warning, move/jump up, forward, backward or sideways; That these risks, and others risks, are inherent when participating in activities at Performance Unleashed LLC; That there are other activities creating risks that may not be anticipated or controlled by Performance Unleashed LLC and further, that by signing this document you acknowledge that Performance Unleashed LLC has no duty to do so; That all risks and activities in general can cause property damage, bodily and personal injuries, illnesses, and death to you, your dog or members of your family; That despite pursuing the creation of a safe environment, Performance Unleashed LLC and/or other people at the Performance Unleashed LLC premises are not infallible and may, on occasion, be passively or actively NEGLIGENT (NEGLIGENT meaning, generally, a failure to exercise ordinary or reasonable care) in their duties and responsibilities to you and this NEGLIGENCE can cause property damage, bodily and personal injuries, illnesses, and death, including wrongful death, to your dog, you or members of your family; That this Waiver Agreement releases Performance Unleashed LLC from NEGLIGENCE, including, but not limited to, any and all actions, for property damage, any bodily and personal injury, illness, paralysis and death; Without limiting the foregoing, you further agree to release and forever discharge Performance Unleashed LLC from any claim whatsoever which arise or may hereafter arise on account of any first-aid treatment or other medical and/or veterinary services rendered in connection with an emergency. By signing and submitting this form, you hereby voluntarily release, forever discharge and agree to indemnify and hold harmless Performance Unleashed LLC and to waive any and all claims, demands or causes of action, for all liability for any loss, damage, expense or injury, including death, that you or your dog may suffer, or that your family, heirs, assigns, 

personal representatives and estate may suffer, as a result of you and/or your dog’s participation in group training sessions or dog fitness sessions or boarding, with respect to any cause whatsoever, including human error, NEGLIGENCE (whether passive or active), BREACH OF CONTRACT or a BREACH of ANY OTHER DUTY OF CARE owed under any legislation, including, but not limited to, the Occupiers Liability Act, RSO 1990, c.O.2. You further agree to hold harmless and defend and indemnify Performance Unleashed LLC from any and all liability to any third party resulting from you participation in training sessions, dog fitness training and/or boarding with Performance Unleashed LLC.