READ CAREFULLY. THIS AFFECTS YOUR LEGAL RIGHTS.
In exchange for my use of Pet Care Services (Dog Walking and Pet Sitting), henceforth referred to as "services", organized by Hoby Dogy Pet Care, of 105 11th Street, Hoboken, NJ, 07030, I,
the above stated client, agree for myself and for the members of my family, including my pets, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS.
I agree to observe and obey all oral and written rules and warnings and further agree to follow any oral and written instructions or directions given by Hoby Dogy Pet Care, or the employees, representatives or agents of Hoby Dogy Pet Care.
2. ASSUMPTION OF THE RISKS AND RELEASE.
I recognize that there are certain inherent risks associated with the above described services and I assume full responsibility for personal injury to myself and my family members, including my pets, and further release and discharge Hoby Dogy Pet Care for injury, loss or damage arising out of my or my family's, including my pets', use of the services of Hoby Dogy Pet Care, whether caused by the fault of myself, my family, including my pets, Hoby Dogy Pet Care or other third parties.
I agree to indemnify and defend Hoby Dogy Pet Care against all claims, causes of action, damages, judgments, costs and expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's, including my pets', use of the services of Hoby Dogy Pet Care.
I agree to pay for all damages to my home caused by any negligent, reckless or willful action by me, my family, including my pets, or other third parties.
Any legal or equitable claim that may arise from participation in the above shall be resolved under New Jersey law.
I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Hoby Dogy Pet Care has offered to refund any fees I have paid to use its future services if I choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT.
This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular Party based upon their status as the drafter of a specific term, language or provision giving rise to such ambiguity.
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be part of this Agreement.
The Parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the Parties. If the matter is not resolved by negotiation, the Parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the Parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
In case of an emergency, please call:
I HAVE READ THIS RELEASE OF LIABILITY DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE OF LIABILITY DOCUMENT, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. I FURTHER UNDERSTAND THAT TYPING MY LEGAL NAME AND TODAY'S DATE BELOW REPRESENTS MY SIGNATURE TO THIS RELEASE OF LIABILITY DOCUMENT.
Thanks for your Release of Liability.