Forms

 

I hereby certify that I am over 18 years of age and of sound mind and memory at the time of executing this agreement.

 

WHEREAS, the Summerfield Master Community Association, Inc. (hereinafter referred to as Summerfield) has made available an off-leash dog park; and 

 

WHEREAS, by my executing the Agreement and agreeing to be bound by its terms, the Summerfield Master Community Association, Inc. agrees to allow me to access the dog park to participate in off-leash activities with my dog(s). 

 

NOW THEREFORE, in consideration of being allowed to participate in such activities, I hereby agree as follows: 

 

1.      I am aware of and fully understand the inherent dangers involved in participating off-leash activities at dog parks, including the risk of death, personal injury and property damage to myself, my minor(s), and dog(s), and other persons and their dogs while participating in such activities. I understand that (1) unleashing my dog and being physically present at a dog park area involves risks of injury to me, any individual accompanying me or my dog(s), other people, my dog(s), and other dog(s), including but not limited to, risks resulting from aggressive dogs, unpredictable behavior, and lack of training; and (2) that despite the efforts of Summerfield to ensure owners have complied, there is a risk that not all dogs present in the dog park are licensed and  vaccinated, which could result in injury to human or dog; and (3) Summerfield’s dog park does not guarantee that dogs in the park are safe or healthy; and (4) additional risks include, but are not limited to escape over and under fences, high speed traffic on nearby streets, dog fights, dog bites, theft, drowning in water features, disappearance or unlawful capture of dogs, being knocked down, chased or tripped by a dog, vegetation or standing water that may be unhealthy if consumed, and (5) use of the dog park is self-directed and not directly supervised by an owner or employee of Summerfield, and (6) violation of the terms, conditions, rules and regulations may result in suspension or revocation of membership and/or dog park privileges.  I further acknowledge that participants and other persons at the dog park are not covered under the insurance of Summerfield. I freely and voluntarily execute this agreement with such knowledge and assume full role and sole responsibility for the risk of death, personal injury, and property loss connected in any ways with me or my minor(s) presence or participation in any activities at the dog park. 

 

2.      In consideration of Summerfield permitting me to use the dog park, I hereby release and forever discharge the Summerfield Master Community Association, Inc. and its employees, agents, or independent contractors and their respective sureties, insures, successors, assigns, and legal representatives, from any liability, claim, cause of action demand, or damages for the death, personal injury, or property loss of any kind to me, my minor(s), or my dog(s) as a result of my participation, or that of my minor(s), or dog(s), in dog park activities, whether such death, injury, or property loss is caused by the intentional or negligent act or omission by any employee, agent, or independent contractor of the Summerfield Master Community Association, Inc. or any other person at the dog park. Furthermore, I agree to pay all attorney’s fees and costs of the Summerfield Master Community Association, Inc. and any of its employees, agents, and independent contractors if I bring claim, action, or demand against the Summerfield Master Community Association, Inc. or any of its employees, agents, and independent contractors for any reason for which this agreement applies. 

 

3.      I agree to indemnify and hold the Summerfield Master Community Association, Inc. and its employees, agents, and independent contractors and their respective sureties, insurers, successors, assigns, and legal representatives harmless from any liability  claim, cause of action, demand, or damages for the death, personal injury, or property loss of any kind to any person or property as a result of my participation, or that of my minor(s), or dog(s), in dog park activities, regardless, of whether such death, injury, or property loss is caused by the intentional or negligent act or omission by me or my minor(s) or dog(s) while in the dog park. Furthermore, I agree to pay all attorneys’ fees and costs of any persons covered herein for any action arising under this paragraph, whether such action is well-founded. 

 

4.      By executing this Agreement, I hereby bind my heirs, executors, assigns, and all other legal representatives, as well as those of my minor(s). 

 

5.      I agree that this Agreement is intended to be interpreted as broadly and inclusively as permitted by the laws of the state of Florida. If any portion of this Agreement is found or declared to be invalid or unenforceable, such invalidity shall not affect the reminder of this agreement, which shall remain in full force and effect. 

 

6.      I agree to abide by all rules and regulations that the Summerfield Master Community Association, Inc. may impose regarding dog park use and operation.

 

7.      By executing this agreement, I certify that I have read and understand this Agreement, have been advised and had the opportunity to see independent counsel of my choice, agree with, and accept its terms and conditions, have freely and voluntarily executed this agreement, and have received a copy of the dog party rules and agree to abide by such rules. I acknowledge that, but for the execution of the agreement and agreeing to be bound by its items, the Summerfield Master Community Association, Inc. would not authorize me or my minor(s) to gain access to the dog park and participation in its activities.