WILLAMETTE VALLEY CHAPTER

of the NORTH AMERICAN VERSATILE HUNTING DOG ASSOCIATION (NAVHDA)

RELEASE AND WAIVER 

RELEASE AND EXPRESS ASSUMPTION OF RISK AGREEMENT NOTICE: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING! This Release and Express Assumption of Risk Agreement is between NORTH AMERICAN VERSATILE HUNTING DOG ASSOCIATION (“NAVHDA”), a California not for profit corporation, the Willamette Valley chapter of said organization (“WVNAVHDA”) and yourself and any minors that you are adding to this waiver (hereinafter referred to as “Participants”).

WHEREAS, Participants desire to participate in events, training days, field tests, usage of chapter facilities or equipment,  and other chapter sanctioned activities.

Special Events WHEREAS, NAVHDA and/or the NAVHDA chapter holding the Test, Training Days Special Events (the “Chapter”) will utilize facilities belonging to various individuals or legal entities to conduct the Test (which individuals and/or legal entities are collectively referred to herein as the “Landowner”). NOW, THEREFORE, in consideration for the use of Landowner’s facilities, and participation in the Test, Participants agree as follows:

1. Participants agree to abide by all rules and regulations of NAVHDA and the Chapter and to abide by all instructions provided by or on behalf of NAVHDA, the Chapter and the Landowner.

2. Participants agree that he/she is responsible for his/her own safety, and understands that participation in the Test may expose Participants and Participant’s dog(s) to above normal risks.

3. Participants agree to provide his/her own insurance coverage for injury or damage to himself/herself, Participant’s own dog(s) and personal property.

4. Participants and Participant’s parent/guardian acknowledge and understand the inherent risks associated with the Test and generally working around hunting dogs, and participating in NAVHDA and the Chapter’s activities and the Test which risks include, but are not limited to, bodily injury as a result of being in close proximity to dogs, firearms and birds. Participants and Participant’s parent/guardian further acknowledge and understand that personal injury, harm or death may occur to the Participants and/or his or her dog(s) as a result of certain canine behaviors, including, but not limited to, biting; jumping upon, knocking over, pulling on leashes, stepping on; unpredictable reactions to drugs or medications; transmittable diseases, sounds; sudden emergencies; sudden movements; unfamiliar objects, persons or other animals, including other dogs; hazards of and on the land including, but not limited to holes and fences of any and all kinds, use of motor vehicles and other motorized devices and machinery; bird and dummy launchers and other equipment; being in close proximity to and/or entering into ponds, creeks and other bodies of water; collisions with other dogs, livestock, trees, shrubberies, natural and man-made obstacles or objects. Participants and Participant’s parent/guardian further acknowledge and understand that personal injury, harm or death may occur as a result of the inability of another person to maintain control over a dog or unsafe use of a firearm or motorized vehicle.

5. PARTICIPANTS AND PARTICIPANT’S PARENT/GUARDIAN UNDERSTAND, AGREE, AND EXPRESSLY ASSUME ALL RISKS INVOLVED IN AND ARISING FROM PARTICIPATION IN NAVHDA AND/OR THE CHAPTER’S ACTIVITIES, THE TEST AND ON PROPERTIES OWNED BY LANDOWNER, INCLUDING BUT NOT LIMITED TO THE RISKS OF DEATH, BODILY INJURY, AND PROPERTY DAMAGE TO PARTICIPANTS AND HIS/HER DOG(S), WHICH MAY RESULT FROM ANY HAZARD, INCLUDING BUT NOT LIMITED TO THOSE SET FORTH IN PARAGRAPH 4 ABOVE, AND INCLUDING THE NEGLIGENCE AND/OR DELIBERATE ACT OF ANY OTHER PERSON WHETHER OR NOT A MEMBER OF NAVHDA OR A PARTICIPANTS IN NAVHDA AND/OR CHAPTER ACTIVITIES AND/OR THE TEST AND WHETHER OR NOT ON THE PROPERTIES UTILIZED BY NAVHDA AND/OR THE CHAPTER FOR THE ACTIVITIES AND/OR THE TEST. IN ADDITION, PARTICIPANTS AND PARTICIPANT’S PARENT/GUARDIAN UNDERSTAND, AGREE AND EXPRESSLY ASSUME ALL RISK ARISING OUT OF THE NEGLIGENT INCREASE OF ANY INHERENT RISK REFERRED TO IN THIS PARAGRAPH 5.

6. PARTICIPANTS AND PARTICIPANT’S PARENT/GUARDIAN AGREE THAT HE/SHE/THEY SHALL AND HEREBY DO HOLD HARMLESS AND RELEASE NAVHDA, THE CHAPTER, THE LANDOWNER AND ALL PROPERTY OWNERS UPON WHOSE PROPERTY NAVHDA AND/OR THE CHAPTER MAY CONDUCT THEIR ACTIVITIES AND THE TEST, THEIR HEIRS, SUCCESSORS, AND ASSIGNS; NAVHDA SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVANTS AND VOLUNTEERS FROM ANY AND ALL LIABILITY WHATSOEVER EXCEPT IF THE DAMAGES OR INJURIES COMPLAINED OF ARE CAUSED BY THE DIRECT, WILFUL, WANTON AND GROSS NEGLIGENCE OF NAVHDA, THE CHAPTER AND/OR THE LANDOWNER. PARTICIPANTS AND PARTICIPANT’S PARENT/GUARDIAN FURTHER AGREE THAT PARTICIPANTS WILL NOT INSTITUTE ANY LEGAL ACTION AGAINST NAVHDA, THE CHAPTER, THE LANDOWNER, THEIR HEIRS, SUCCESSORS AND ASSIGNS; NAVHDA’S SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, 2 OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVANTS AND VOLUNTEERS ON ACCOUNT OF OR IN CONNECTION WITH ANY CLAIMS, CAUSES OF ACTION, INJURIES, DAMAGES, COSTS OR EXPENSES ARISING AS A RESULT OF PARTICIPANT’S PARTICIPATION IN NAVHDA AND/OR CHAPTER ACTIVITIES, THE TEST AND USE OF OR PRESENCE UPON PROPERTIES UTILIZED BY NAVHDA AND/OR THE CHAPTER IN THE COURSE OF ITS ACTIVITIES AND THE TEST, INCLUDING WITHOUT LIMITATION, THOSE CAUSES OF ACTION BASED ON DEATH, BODILY INJURY, AND PROPERTY DAMAGE INCLUDING ANY CLAIM BASED ON THE NEGLIGENT INCREASE OF ANY INHERENT RISK REFERRED TO IN THIS PARAGRAPH 6, EXCEPT IF THE DAMAGES OR INJURIES COMPLAINED OF ARE CAUSED BY THE DIRECT, WILFUL, WANTON AND GROSS NEGLIGENCE OF NAVHDA, THE CHAPTER AND/OR THE LANDOWNER. PARTICIPANTS AND PARTICIPANT’S PARENT/GUARDIAN FURTHER AGREE TO HOLD HARMLESS, INDEMNIFY AND DEFEND NAVHDA, THE CHAPTER AND THE LANDOWNER AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, COSTS OR EXPENSES, INCLUDING ATTORNEYS’ FEES, WHICH IN ANY WAY ARISE AS A RESULT OF THE PARTICIPANT’S PARTICIPATION IN NAVHDA AND/OR CHAPTER ACTIVITIES, THE TEST AND USE OF OR PRESENCE UPON PROPERTIES UTILIZED BY NAVHDA AND/OR THE CHAPTER AND BY PARTICIPANTS INCLUDING ANY CLAIM BASED ON THE NEGLIGENT INCREASE OF ANY INHERENT RISK REFERRED TO IN THIS PARAGRAPH 6.

7. Participants waive the protection of any statute in any jurisdiction (including California Civil Code Section 1542), the purpose, substance and/or effect of which is to provide that a general release shall not extend to claims, material or otherwise, which the person executing the release does not know or suspect to exist at the time of execution of the release.

8. This Agreement is made and shall be deemed to have been entered into in the State of Illinois, and shall be enforced and interpreted under the laws of Illinois. Should any clause contained herein be constructed as conflicting with such law, then that clause is null and void but the remaining provisions of this Agreement shall remain valid and in full force and effect. This Agreement may not be amended, modified or terminated except in a writing signed by the Participants, the Participant’s parent or guardian, if applicable and on behalf of NAVHDA.

9. Each of the Participants and, if applicable, the parent or guardian of the Participant hereby irrevocably and unconditionally submits to the exclusive jurisdiction of any Illinois State court or Federal court of the United States of America sitting in Cook County, Illinois and any appellate court thereof, in any action or proceeding arising out of or related to this Agreement or for recognition or enforcement of any judgment, and hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such Illinois State court or, to the extent permitted by law, in such Federal court. Nothing in this paragraph 9 shall affect the right of NAVHDA to bring any action or proceeding against Participate and, if applicable, the parent or guardian of Participant in the courts of any other jurisdiction where such action or proceeding may be heard. The Participants and, if applicable, the parent or guardian of the Participant hereby irrevocably and unconditionally waive, to the fullest extent they may legally and effectively do so, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement in any Illinois State or Federal court and the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court and any immunity from the jurisdiction of any court or from any legal process with respect to themselves or their property.

10. This release and waiver shall be effective until such time as revoked by the undersigned.

11. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT. I/WE HAVE READ THE ABOVE, UNDERSTAND THE SAME, AND AGREE TO BE LEGALLY BOUND BY ALL THE TERMS OF THIS RELEASE AND EXPRESS ASSUMPTION OF RISK AGREEMENT.