Release and Waiver of Liability - SoulPaws Recovery Project Inc. is a 501(c)(3) nonprofit corporation (“SoulPaws”), which unleashes the healing power of the human-animal connection to aid those struggling with mental health challenges, in part through the “SoulPaws Healing Circle” (the “Program”), which will be facilitated by a licensed clinician on one or more dates. This Release and Waiver of Liability is intended to be continuing and ongoing in nature and shall apply to any and all participation by the undersigned in the Program, whether occurring on the date of execution or at any time thereafter.
In consideration for providing you the ability to participate in the Program, and in order to be a participant in the Program or to authorize your minor child to participate in the Program (in either case, a “Participant”), you hereby acknowledge and agree to the following:
Description of Services.
The Program is an Animal-Assisted Activity (“AAA”), which is an informal and goal-oriented visitation conducted by a human-animal team for motivational, recreational and/or education purposes. While there may be therapeutic benefits to an AAA, this is not a clinical treatment. It does not function as a substitute for therapy, nor is it intended to prevent, cure or treat any mental disorder or medical disease.
Therapy Animals.
Therapy animals are pets that have been evaluated based on their ability to interact safely with a wide range of populations while providing physical, psychological and emotional benefit to those with whom they interact.
The Program is operated in collaboration with organizations that supply therapy animals and that have agreed to provide services consistent with SoulPaws’ purpose (each, a “Service Provider”). Therapy-animal handlers may volunteer their time to visit with their animals in the community, or they may be practitioners who utilize the power of the human-animal bond in professional settings.
Therapy Animal Background.
During the Program:
The specific therapy animals may vary, but in every case, the Service Provider confirms such animals: (i) have received adequate training; (ii) meet the appropriate requirements for participating in therapeutic activities; and (iii) are in good health.
The animals may: (i) walk freely (on and off leash, with permission from animal handlers); (ii) visit with each participant, and (iii) be touched, petted or held, based on a participant’s comfort level.
Participant Expectations and Risks.
When interacting with the animals, each Participant must adhere to the wellness protocols that will help keep the therapy animals happy, healthy, and safe. Accordingly, Participant will:
🐾 Ask permission from the handler before trying to touch the animal.
🐾 Ask the handler how to pet the animal to make sure they are comfortable.
🐾 Make reasonable efforts to remain calm when in the animal’s presence.
🐾 Follow handler directions while with an animal.
🐾 Wash their hands, and/or use hand sanitizer before and after interacting with the animal.
🐾 Never give the animal something to eat without express permission from the handler.
🐾 Follow the handler’s directions in giving the animal a treat, if allowed.
🐾 Not interact with the animal if not following the guidelines to keep the animal safe.
🐾 Recognize that participation with the animal is always a choice.
🐾 Decide whether to interact with the animal.
🐾 Understand that the animal may not interact with the Participant.
🐾 Take a time out if needed, or make such a request, if needed.
🐾 Ask for help, when needed.
With respect to the Program, there are inherent risks involved with engaging with animals, including but not limited to physical attacks (including bite attacks), zoonosis (disease transferred from animals to humans), and reverse zoonosis (disease transferred from humans to animals), however, there have been no documented cases of zoonosis in therapy animal populations. There also could be psychological risks associated with discussing treatment and recovery. However, if at any point during the activity, a Participant feels uncomfortable, their participation may stop at any time.
Privacy and Personal Information.
By signing below, the Participant hereby gives their informed, express consent allowing SoulPaws to collect and process their personal information or personal data (as those terms are defined by state privacy laws) for the purposes of providing, conducting, and administering the Program and the AAA. The categories of personal information that SoulPaws may collect and process for these purposes may include: names, contact information, testimonials or experiences shared by the Participant, and any other information Participant may choose to share with SoulPaws, such as through in-person meetings or social media channels. Such personal information may also include sensitive categories, such as demographic information only if the Participant chooses to provide it.
Use of Premises for Activity Only.
Participant understands and agrees that they may only use the premises in which the Program takes place (the “Premises”) for the Program as set forth in this Release and Waiver. Participant further agrees that they are responsible for the proper use of the Premises and any of SoulPaws’ property thereon, and that they will be liable for the replacement cost of any SoulPaws property which is damaged, destroyed or lost by the Participant.
Assumption of Risk.
Participant recognizes that SoulPaws has not undertaken any duty or responsibility for their safety and agrees to assume the full responsibility for all risk of bodily injury, death, disability and property damage as a result of participating in the Program. Participant understands that SoulPaws does not provide medical services. Participant further acknowledges that any injury they may sustain while participating in the Program may be compounded by negligent or delayed medical service or negligent or delayed assistance. THE PARTICIPANT VOLUNTARILY AND FREELY ASSUMES ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT THEIR USE OF THE PREMISES AND PARTICPATION IN ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF SOULPAWS.
Waiver; Indemnification.
Participant hereby releases, waives, covenants not to sue and fully and forever discharges SoulPaws and its affiliates, and their respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims they 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, attributable or relating in any manner to Participant’s entry upon and use of the Premises and participation in the Program, whether caused by the negligence of SoulPaws or any of the Released Parties or by any other reason. Participant acknowledges and agrees that this Release and Waiver is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by Participant while on or using the Premises or participating in the Activity. Participant hereby agrees to indemnify and hold harmless for any and all purposes the Released Parties from and against, third-party losses, claims, demands, damages, actions, suits, judgements, settlements, awards, interests, penalties, expenses (including court costs and reasonable attorneys’ fees and expenses) and costs of any kind for any personal injury, loss of life or damage to property which may be sustained by the Released Parties by reason of, or arising out of, Participant’s use of the Premises or participation in the Program on the Premises. Participant hereby surrenders any right to seek reimbursement from SoulPaws, its directors, officers, employees, volunteers and other agents for injury sustained and liability incurred by reason of, or arising out of, Participant’s use of the Premises or participation in the Program on the Premises.
Medical Treatment Release.
Participant understands and agrees that the Program is not a clinical treatment (but may yield therapeutic benefits) and acknowledges that SoulPaws is not a clinical treatment provider. Participant hereby authorizes SoulPaws and/or its Service Providers to secure, and they consent to, any medical treatment that may be given to them should SoulPaws and/or its Service Providers determine, in their sole discretion, that they need medical care, as a result of an injury to Participant while Participant is on the Premises to participate in the Program. Participant accepts full responsibility for all costs related to such medical treatment, including any transport costs, and Participant releases all parties involved from any type of liability for anything that may happen during their treatment or transport.
Responsibility for Personal Property.
Participant acknowledges and agrees that Participant is fully and solely responsible for any of Participant’s property and personal belongings that Participant brings onto the Premises or that is used during the Activity, and that SoulPaws will not be responsible for or provide any security for such property and personal belongings.
No Representations by SoulPaws.
Participant acknowledges that SoulPaws makes no representation as to the condition of the Premises or the safety of the Program or any equipment either on the Premises or used in the Program. Participant accepts and shall use the Premises, and its equipment, in its “AS IS” condition. Participant acknowledges and agrees that Participant is not relying upon any representation or statement by SoulPaws or their employees, agents, sponsors, or representatives regarding this agreement or the Premises or Program, except to the extent such representations are expressly set forth in this agreement.
General Provisions
This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of California, without giving effect to the principles of conflicts of law of such state. Participant agrees 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 [San Diego], California.
No waiver of any term or right in this Release and Waiver shall be effective unless in writing, signed by an the waiving party. The failure of any party to enforce any provision of this Release and Waiver 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.
Any provision of this Release and Waiver providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
If any provision or portion of this Release and Waiver 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.
This Release and Waiver constitutes 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 the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
By signing below, the parties confirm that they have read, understand, and consent to the terms of this Release and Waiver, and that they are not relying on any verbal representations, statements or inducement apart from the statements made on this form.
SIGNING THIS DOCUMENT INVOLVES THE WAIVER OF VALUABLE LEGAL RIGHTS. CONSULT YOUR ATTORNEY BEFORE SIGNING THIS DOCUMENT.
