This Participant Release and Assumption of Risk Agreement (the “Release”) is made by the person signing below (“Participant”) in favor of Stockyard Social LLC, its members, managers, officers, employees, contractors, volunteers and agents, and the owners and landlords of the property at 415 E. Remington Street, Garden City, Idaho 83714 (together, the “Released Parties”). PLEASE READ CAREFULLY. THIS RELEASE AFFECTS YOUR LEGAL RIGHTS.
1. Activities Covered
This Release applies to every visit by Participant to the Stockyard Social campus (the “Campus”), including the off-leash dog area (the “Yard”), events, cabanas, food and beverage areas and all related activities, whether Participant is a member, a guest or an event attendee, and whether or not Participant brings a dog (the “Activities”).
2. Inherent Risks
Additional Dog Risks. Risks include injuries incurred when intervening in dog fights or attempting to separate animals, even when acting to protect another person or animal.
Participant understands that the Activities involve risks that cannot be eliminated, including the unpredictable behavior of dogs. These risks include, without limitation: being bitten, scratched, jumped on, knocked down or tripped by a dog; dog fights and efforts to separate dogs; exposure of people and dogs to illness, parasites and disease; slipping or falling on uneven, wet, muddy, icy or obstructed surfaces; weather, heat, cold, sun and air quality; holes, equipment, fencing and structures; the acts or omissions of other visitors and their dogs; and injury, illness or death of Participant’s dog.
3. Assumption of Risk
Participant voluntarily chooses to participate in the Activities and knowingly assumes all risks of injury, illness, death and property damage to Participant and to Participant’s dogs arising from the Activities, whether known or unknown, including risks arising from the ordinary negligence of the Released Parties.
4. Release of Claims
EXPRESS ORDINARY-NEGLIGENCE RELEASE. PARTICIPANT UNDERSTANDS AND EXPRESSLY AGREES THAT THIS RELEASE INCLUDES CLAIMS ARISING FROM THE RELEASED PARTIES’ OWN ORDINARY NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY IDAHO LAW. THIS RELEASE DOES NOT WAIVE CLAIMS THAT CANNOT LAWFULLY BE RELEASED, INCLUDING CLAIMS FOR GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MISCONDUCT.
To the fullest extent permitted by Idaho law, Participant, on behalf of Participant and Participant’s heirs, assigns and personal representatives, releases and agrees not to sue the Released Parties for any claim, demand, loss or liability arising from or related to the Activities, including claims arising from the ordinary negligence of the Released Parties. This Release does not apply to claims arising from the gross negligence, recklessness or intentional misconduct of a Released Party, or to any claim that cannot be released under applicable law.
5. Responsibility for Dogs and Indemnity
Participant is solely responsible for the behavior of each dog Participant brings to or handles on the Campus. Participant agrees to indemnify, defend and hold harmless the Released Parties from any claim, loss, damage, cost or expense, including reasonable attorneys’ fees, arising from injury to any person or animal, or damage to any property, caused by a dog Participant brings to or handles on the Campus, or by Participant’s violation of the Yard Rules.
6. Dog Health and Behavior
Participant represents that each dog Participant brings to the Campus is vaccinated and healthy as required by the Yard Rules, that the records Participant submits are genuine and accurate, and that the dog has no known history of aggression toward people or dogs that Participant has not disclosed to Stockyard Social in writing.
7. Emergency Care
Human Emergency Response and Costs. Participant authorizes Stockyard Social to contact 911, request emergency medical services, and arrange ambulance transport when staff reasonably believe emergency care is needed. Participant is responsible for charges imposed by independent emergency responders, transport providers, and medical professionals, except to the extent applicable law provides otherwise. This authorization does not require staff to provide medical treatment or excuse any duty imposed by law.
If Participant’s dog is injured or becomes ill on the Campus and Participant cannot be reached or is unable to act, Participant authorizes Stockyard Social to arrange emergency veterinary care for the dog. Participant agrees to pay all costs of that care. Participant authorizes Stockyard Social to obtain emergency medical assistance for Participant if needed and agrees that Stockyard Social is not responsible for the cost of that assistance.
8. Rules
Participant agrees to follow the Yard Rules & Dog Admission Policy, posted signs and staff instructions, and understands that Stockyard Social may remove Participant or Participant’s dog from the Campus for any violation.
9. Photographs and Recordings
Permission to use Participant’s image in marketing is separate from this Release and is optional. Participant may grant or decline it in the box below or in the App, and declining does not affect Participant’s access to the Campus. If granted, Participant permits Stockyard Social to photograph and record Participant and Participant’s dogs in common areas of the Campus and at events, and to use those images and recordings without compensation in Stockyard Social’s marketing, website, App and social media. Participant may withdraw permission for future use at any time by emailing hello@stockyardsocial.com. Stockyard Social may record common areas for safety and security regardless of this choice.
10. Minors
Parent or Guardian Obligations. A signing parent or legal guardian agrees to supervise the minor, follow all safety rules, and indemnify the Released Parties against third-party claims caused by the parent’s or minor’s wrongful conduct, to the extent permitted by law. Nothing in this Release purports to waive a minor’s own claims where such waiver is prohibited or unenforceable under Idaho law.
A parent or legal guardian who signs this Release on behalf of a minor agrees to its terms on behalf of the minor and on the parent’s or guardian’s own behalf, and agrees to indemnify the Released Parties for any claim brought by or on behalf of the minor arising from the Activities, to the fullest extent permitted by law.
11. Term
This Release applies to all of Participant’s visits to the Campus from the date signed until Participant signs an updated version provided by Stockyard Social.
12. General
Dispute Resolution; Individual Arbitration. Before starting a formal proceeding, the claimant must send written notice describing the dispute and requested relief to hello@stockyardsocial.com (for claims against Stockyard Social) or to the contact information provided by the other party, and allow 30 days for good-faith informal resolution. Except for qualifying individual small-claims actions, claims for provisional injunctive relief in a court with jurisdiction, and disputes that applicable law does not permit to be arbitrated, disputes arising out of this agreement or the Services or Campus activities will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules for individuals or Commercial Arbitration Rules for business-to-business disputes, as applicable. Arbitration will occur in Ada County, Idaho, or remotely if the applicable rules permit or require. Consumer arbitration costs will be allocated under the applicable AAA consumer rules; no provision requires a consumer to pay fees that the rules or law assign to Stockyard Social. Each party bears its own attorney fees unless an applicable statute, rule, or award permits otherwise. To the fullest extent permitted by law, each party may bring claims only in an individual capacity, not as a class or representative plaintiff or member; the arbitrator may not conduct class arbitration. If this class waiver is unenforceable as to a particular claim, that claim will proceed in a court of competent jurisdiction and not in class arbitration. Courts in Ada County, Idaho have jurisdiction over permitted court proceedings and enforcement of arbitral awards, subject to applicable law. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision to the extent applicable.
This Release is governed by Idaho law, subject to the dispute resolution provision in this agreement. If any part of this Release is held unenforceable, the remainder will be enforced to the fullest extent permitted by law. This Release is the entire agreement on its subject and may be signed electronically or on paper. An electronic signature has the same effect as a handwritten signature. Stockyard Social keeps a record of the signer, the version signed and the date and time of signature.
13. Acknowledgment
BY SIGNING, PARTICIPANT CONFIRMS THAT PARTICIPANT HAS READ THIS RELEASE, UNDERSTANDS THAT PARTICIPANT IS GIVING UP SUBSTANTIAL LEGAL RIGHTS, AND SIGNS IT VOLUNTARILY.
SIGNATURE
Optional marketing photo permission (Section 9). Declining does not affect access.
☐ I grant permission.
☐ I decline.
Participant name: ____________________ Stockyard ID: ____________________
Participant signature: ____________________ Date: ____________________
Dogs covered: ____________________ Phone: ____________________
Minor name (if applicable): ____________________ Parent/guardian signature: ____________________
Optional marketing photo permission: [ ] I grant permission. [ ] I decline.