Please read this form carefully and be aware that in consideration for permission to use the Fountain of the Sun Association (FOSA) Dog Park, you will be expressly assuming the risk and legal liability and waiving and releasing all claims for injuries, damages or loss which you or your dog might sustain as a result of participating in any and all activities connected with and associated with use of the facility and surrounding areas. I hereby acknowledge that I have voluntarily applied to participate and use, with my dog/s, the FOSA Dog Park owned and operated by FOSA. I understand that the act of unleashing my dog and being physically present within the FOSA Dog Park necessarily involves risks of injury to me, persons that accompany me, other people using the park, my dog/s, and other dogs. I understand that the aforementioned risks are entirely my responsibility and I expressly assume that responsibility and liability knowingly and voluntarily. I hereby acknowledge that I have been provided a copy of the Dog Park Rules approved by the FOSA and agree to fully comply therewith. I understand that the permit/license system is not established to guarantee that dogs in the park are safe or healthy nor is it a guarantee that the dogs in the FOSA Dog Park are neutered or spayed. I also understand that dogs, irrespective of their training and usual past behavior or characteristics, may act or react unpredictably at times based upon instinct or circumstances, and that not all hazards and dangers associated with dog activities can be foreseen. I further understand and assume the inherent risks including the propensity of a dog to behave in dangerous ways and acknowledge additional risks may include but are not limited to: the inexperience or irresponsibility of a dog owner/handler, the inability to predict a dog’s reaction to sound, movement, objects, persons, dog fights, dog bites, theft or unlawful capture; escape over or under fences; vegetation or standing water that may be toxic if consumed, mosquitoes, ticks, fleas, other insects, wildlife such as snakes, lizards, etc., and I acknowledge that I am a recreational user of the FOSA Dog Park pursuant to A.R.S. § 33-1551. I knowingly and voluntarily accept responsibility for all of these risks in exchange for the privilege of using the FOSA Dog Park. By signing this Waiver and Release and using the dog park, I covenant not to sue and fully release and discharge the FOSA, its past and present directors, officers, employees, agents, attorneys, and insurers, as well as any private citizen volunteer serving as FOSA Dog Park stewards, from any and all damages, causes of action (whether known or unknown), claims, demands, rights of action, resulting from or rising out of, my use of the FOSA Dog Park. I further agree to indemnify, protect, defend, and hold the FOSA harmless for, from, and against, any and all claims, demands, judgments, penalties, liabilities, losses, costs, damages, and expenses directly or indirectly incurred by the FOSA, including costs and attorneys’ fees, whether or not a suit is filed, resulting from my use of the FOSA Dog Park. I have carefully read this waiver and release and understand its contents. By affixing my signature below, I agree to comply with the terms of this agreement. My signature further confirms that I am not aware of any incidents in which my dog/s has shown aggressive, fighting or biting behavior towards other animals or people.
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