RELEASE AND WAIVER OF LIABILITY AGREEMENT
WHEREAS, Your Vet Academy, LLC (“the Academy”) is willing to permit the individual(s) signing this Agreement to use property, live animals, instruments and tools (“Property”) belonging to the Academy to participate in theorical-practical courses offered by the Academy, upon the terms and conditions of this Agreement.
In consideration for being provided with access to and use of the Property, each person signing below hereby stipulates and agrees:
Use of Property.
I understand and agree that I may only use the Property for the purposes set forth in this Release and Waiver of Liability Agreement, during the dates and times communicated to me as part of my course registration and confirmation. I further agree that I am responsible for the proper use and care of the Property and any of the Academy’s property thereon, and that I will be liable for the replacement cost of any Academy property which is damaged, destroyed or lost.
Assumption of Risk.
I understand and acknowledge that the activities that take place on the Property may be dangerous and may involve the risk that I will sustain serious injury, temporary or permanent disability, death, and/or property damage. I understand that the activities involving the use of the Property occasionally may not be supervised and that the Academy does not provide medical services in case of an accident. I further acknowledge that any injury I may sustain while on the Property may be compounded by negligent or delayed medical service. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF AND PARTICIPATION OF ACTIVITIES INVOLVING THE USE OF THE PROPERTY, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.
Release from Liability.
I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and forever discharge and release Academy and its affiliates, and their respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my use of the Property, whether caused by the negligence of the Academy or any of the Released Parties or by any other reason. I acknowledge and agree that this Release and Waiver of Liability is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me while using the Property.
Covenant Not to Sue.
In consideration for being allowed to use the Property, I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Property.
Indemnification.
I hereby agree to defend, indemnify and hold harmless Academy and the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of the Property or participation in any activities involving the use of the Property.
Responsibility for Personal Property.
I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Academy and that the Academy will not be responsible for or provide any security for my property and personal belongings.
No Representations by Academy.
I acknowledge that Academy makes no representation as to the condition of the Property. I accept and shall use the Property in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by the Academy or the Academy’s employees, agents, or representatives regarding this agreement or the Property, except to the extent such representations are expressly set forth in this agreement.
Governing Law and Venue.
This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in Florida, Broward County.
Waiver.
No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing and signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
Survival.
Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
Compliance with Laws.
In the performance of the terms of this Release and Waiver of Liability agreement and use of the Property, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
Severability.
If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
Entire Agreement; Modification; Binding Effect.
This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
ACKNOWLEDGEMENT
I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.