Unleashed by Petco 2015 Dash for Pet Cancer 5K Run/Walk Participant Liability/Publicity Release and Waiver
I, the Participant (identified below), in consideration of my participation in the event specified above (the “Event”), for myself, my heirs, executors, administrators and assigns, hereby agree to release and hold harmless Petco Animal Supplies Stores, Inc. and its affiliates, their respective officers; directors; employees; contractors; agents and assigns, and all municipal agencies whose properties are used in connection with the Event as well as all sponsors and other companies; organizations and individuals involved in the Event (collectively, “Petco”) from, and to waive as against Petco, any actions, suits, claims, losses and demands of any kind that I, my heirs, executors, administrators or assigns had, now have, or hereafter may have by reason of any matter arising from or in connection with my participation in the Event, including without limitation any injury, accident, death or damage to person or property.
I acknowledge that only dogs, and no animals of any other species, are permitted to participate with their owners in the Event, and I agree to keep any dog that I bring to the Event ("my dog") on-leash and under my control at all times. I agree that I will be the only person to handle my dog at the Event, and that I will not be entitled to receive any assistance from Petco in connection therewith.
I represent and warrant that I and my dog (if my dog participates in the Event) are both in good physical condition, have sufficiently trained for the Event, have not been advised by a qualified health professional against participation in the Event, and are able to participate in the Event safely. I acknowledge that the Event may test my and my dog's physical and mental limits and carries with it the risk of serious physical injury, death, and/or loss of property (including without limitation the injury or death of my dog). I also acknowledge that the Event may involve my being in close proximity with other participants and their dogs, as well as to volunteers and spectators, running on public roads with cars and other hazards, and running with dogs with the associated possibility of a dog bite or scratch from dog claws. I AM FULLY AWARE OF THE RISKS AND HAZARDS INHERENT IN PARTICIPATING IN THE EVENT AND HAVING MY DOG PARTICIPATE IN THE EVENT, AND I HEREBY VOLUNTARILY ASSUME ALL SUCH RISKS AND HAZARDS.
I also hereby assume liability for any and all medical and veterinary expenses incurred as a result of training for or participating in the Event, including but not limited to any ambulance transport, hospital stay, or pharmaceutical goods and services. I hereby grant to the medical director of the Event and its designees access to all medical records (and physicians) as may be necessary, and authorize medical treatment as needed. In the event medical treatment is required, I agree to allow the Event's medical professionals to release information to Petco regarding such treatment.
I hereby grant to Petco, without royalty or other compensation of any kind, the right to use, for any lawful purpose, including without limitation advertising and trade purposes, my dog's name and likeness, my name; voice; signature; and likeness, and any photograph; video or film of my dog and/or me taken by or on behalf of Petco at the Event (hereafter “Images”), and any statements made by me recorded and/or transcribed by or on behalf of Petco or otherwise provided by me to Petco or its designee at the Event (hereafter “Statements”), and reproductions of any Images and/or Statements in any form, in any medium, including on the Internet, hereby releasing Petco from all liability arising from use of the Images and/or Statements, including what I might deem misrepresentation of my dog and/or me by virtue of distortion, optical illusions or faulty mechanical reproductions, or for any claims of defamation or invasion of privacy, infringement of moral rights, rights of publicity, property rights, or copyright. I agree that all such Images and Statements, whether negatives, film, video, audio, electronic, digital, and/or any other medium now or hereafter utilized in connection therewith, are and shall remain the property of Petco. All copyrights, rights of publicity and other intellectual property rights in the Images and Statements shall belong to Petco, and if requested, I will execute any additional agreements to evidence these rights.
In executing this release and waiver, it is my intent to expressly waive any and all rights and benefits conferred upon me by the provisions of section 1542 of the California Civil Code (or any similar state statute), which states:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
I acknowledge that this release and waiver constitutes the entire understanding between Petco and me with regard to the subject matter referenced herein, all prior understandings (if any) being merged herein.
I represent and affirm that I have read or have had read to me and understand all the provisions of this release and waiver and agree to be bound by all of them.
If the Participant is under 18 years old, I, the undersigned, represent and affirm that I am the parent or legal guardian of the Participant and I do hereby consent and give my permission to all the provisions of this release and waiver on behalf of the Participant.
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Name of Participant (Please Print)
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Name of Parent or Guardian, if Participant is under 18 (Please Print)
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Signature of Participant (or Parent or Guardian, if applicable)
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Date
