Waiver and Release

1. The Undersigned (herein after referred to as Participant) hereby acknowledges that it owns, or has temporary custody and control of, a dog(s) that is voluntarily participating in an event (herein defined as any use of the Pets & Moore facility) at Pets & Moore, and will exercise all necessary and proper care and precautions to keep Participant and its dog(s) safe during said event.

2. Participant further agrees to read and be bound by the Rules for use of Pets & Moore facilities.

3. Participant further agrees to use reasonable care to prevent injury to any other person(s), such person’s property, or dog(s), while at the Pets & Moore facility. However, because dogs are unpredictable animals, Participant understands and agrees that Pets & Moore cannot guarantee protection against every potential injury, risk or accident. This Release and Waiver is intended to shift the risk of enjoying the event facility at Pets & Moore to the Participant/Owner/Guardian of the dog(s) using these facilities and away from Pets & Moore .

4. Do not sign this Waiver and Release (thereby forfeiting the privilege of using Pets & Moore facilities) unless you are willing to accept the risk of participation, along with the associated risk of bodily injury, death or property damage such participation may pose, either while on the property of Pets & Moore , or in any other place when such injury, death, or damage shall have resulted from Participant’s dog(s) using the Pets & Moore facilities.

5. BY SIGNING THIS WAIVER AND RELEASE, PARTICIPANT HEREBY ASSERTS ITS AGREEMENT THAT IN CONSIDERATION FOR BEING PERMITTED TO USE PETS & MOORE FACILITIES, IT, AND ITS HEIRS, NEXT OF KIN, EXECUTORS, AND PERSONAL REPRESENTATIVES DO ASSUME THE RISK(S) ASSOCIATED WITH SUCH AN ACTIVITY AND WAIVES, RELEASES, AND DISCHARGES PETS & MOORE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SPONSORS, ORGANIZERS, VOLUNTEERS OR OTHER REPRESENTATIVES, THEIR SUCCESSORS AND/OR ASSIGNS (HEREINAFTER COLLECTIVELY THE “RELEASE”) FROM ANY AND ALL LIABILITY TO THE PARTICIPANT FOR ANY LOSS, HARM, DAMAGE, CLAIM, INJURY OR ACCIDENT TO ANY PERSON OR DOG(S) USING THE PETS & MOORE FACILITIES, EVEN IF SUCH LOSS, HARM, DAMAGE, CLAIM, INJURY OR ACCIDENT IS CAUSED BY AN ORDINARY NEGLIGENT ACT OR OMISSION OF THE RELEASEE.

6. PARTICIPANT FURTHER AGREES AND COVENANTS NOT TO SUE PETS & MOORE FOR ANY LOSS, DAMAGE, CLAIM, INJURY OR ACCIDENT SUFFERED BY IT EVEN IF SUCH LOSS, HARM, DAMAGE, CLAIM, INJURY OR ACCIDENT IS CAUSED BY AN ORDINARY NEGLIGENT ACT OR OMISSION OF THE RELEASEE.

7. The Participant hereby expressly agrees that the foregoing release and waiver, and assumption of risk are intended to be as expansive, broad and inclusive as recognized by Texas law as it now exists, or may hereafter be amended.

8. Nothing herein is intended to release Pets & Moore from any loss, harm, injury, claim or damage caused by intentional torts or wanton and reckless misconduct by Releasee.

9. In the event of a dispute of any kind arising under the Waiver & Release the parties hereto agree to resolve such dispute by Arbitration.

Rules for use of Pets & Moore Facilities

1. Inoculations

All dogs 6 months of age or older must have inoculations for Rabies, Canine Distemper, and

Canine Parvovirus to use Pets & Moore Facilities. Dogs under 6 months of age present on K9

Water World grounds must have current inoculations for Canine Distemper and Canine Parvovirus. Failure to comply with this requirement will result in the offending party and all their inappropriately inoculated dogs being asked to leave.

2. Ineligibility for entry to the Pets & Moore facility

The following dogs will not be allowed to use the Pets & Moore facilities:

-Lame dogs; lame dogs will not be allowed onto the facility with other dogs

Exceptions will be made for dogs that have veterinarian’s prescription and will be allowed onto the premises at a preset time and for a preset period of time to use the facility for rehabilitation purposes.

-Females in season. Females in season will not be allowed to use the facilities.

Dogs that appear to be ill. Dogs must be in good health and condition in order to play. Dogs that appear to be ill or dogs with sutures, bandages, adhesive or any other material that is indicative of or related to any surgical or medical procedure will not be allowed to use the facilities.

Exceptions will be made for dogs that have a veterinarian’s prescription and will be allowed onto the premises at a preset time and for a preset period of time to use the facility for rehabilitation purposes.

Canine Amputees, Deaf or Blind dogs. Canine Amputees, Blind and Deaf dogs are eligible ONLY if they are able to safely participate in activities. Such aforementioned animals will be allowed to use the facility subject to all the facility rules.

3. Handlers

Age: handlers may be any age provided the handler is able to control the dog. A dog may be excused at any time if Pets & Moore believes the handler is unable to control the dog.

All handlers that are under the age of 18 must have the waiver/consent form signed by a parent or legal guardian.

Handlers age 10 or under must be accompanies by an adult at all times when interacting with animals.

4. Handlers and Spectators.

Handlers and spectators are expected to display good behavior while on property. Pets & Moore may remove and/or bar any handler and/or spectators from the the facility for violations of these rules or conduct that interferes with the use of the facility or other handlers or spectators.

a. Misbehavior of Handlers- Excusing a handler.

Pets & Moore has sole discretion whether or not to allow the dog of an excused handler to continue to use the facilities with a substitute handler. The decision of Pets & Moore shall be final in these matters. In the event Pets & Moore should ask a handler and its dog to leave the facility for misbehavior any fees paid by such misbehaving handler or dog shall not be refunded. This no refund policy shall apply to any additional dogs the handler has and wishes to have access to the Pets & Moore facility on that day regardless if the dogs were not then using the facility.

i. A handler may be excused for exhibiting poor behavior towards any individual present while on facility grounds.

ii. A handler may be excused for cruel treatment of an animal while on the facility grounds.

b. Handler Misconduct.

A handler who abuses his/her dog/dogs will be asked to immediately leave the premises. Any handler asked to leave for abuse may in the sole discretion of Pets & Moore be barred permanently from using the facility.

c. Refusal to leave.

Handlers that refuse to leave the property are subject to criminal trespass complaint.

5. Equipment that must be provided by handler.

A handler must provide for each of his/her dog(s) the following:

a. Collars. Collars must properly fit the dog and subject to approval by Pets & Moore.

Note: In the event a client and their dog/dogs have been granted access to the dock area of Pets & Moore’s sister facility, K9 Water World; collar tags or other items hanging from the collar are prohibited in the dock area. Neither is it permissible for a dog to wear a scarf or bandana, caps, sunglasses, etc. when accessing the dock area.

b. Leashes. Dogs must remain on leash when outside the fenced in areas of the facility.

AS THE HANDLER OF THE DOG(S) FOR WHICH I HAVE PAID THE STANDARD PETS & MOORE USE FEE, I AGREE TO BE BOUND BY THESE RULES.