Division Release and Waiver Form

Contract to Train Gun Dogs on Owner’s Property

WITNESS THIS AGREEMENT this (date), by and between hereinafter referred to as Trainer and hereinafter referred to as Owner.

Trainer agrees to accept Owner's Dog for training as a gun dog (e.g., dogs developed to assist hunters in finding and retrieving game), and it is the plan and intention of the Owner to train have his dog trained on his property at .

1. Fees, Term, and Location.

Owner shall pay the Trainer for professional services the fee of $ per day, for training for a minimum of hours. All fees for training shall be payable in advance. All reasonable out-of-pocket costs shall be billed after the incurrence thereof and payable by Owner.

2. Payment of Invoices.

Invoices are payable upon receipt. Upon completion of this Agreement, the remainder of any and all expenses shall be due and payable immediately.

3. Veterinarian and Related Services.

Owner assumes responsibility for arranging and paying for veterinarian as necessary. All veterinarian and medicine expenses shall be paid by Owner. Owner agrees to provide Trainer with all health records with regard to the DOG. Owner agrees to have the DOG wormed and vaccinated on a regular schedule, and to present proof of same to Trainer prior to the beginning of training. Trainer reserves the right to refuse to train any DOG if same does not appear to Trainer to be in good health, or is deemed dangerous or undesirable.

4. Training of DOG

The Trainer shall train DOG and perform all services in accordance with generally accepted professional standards. Trainer cannot and does not guarantee the effect of the training program or that any particular results will be achieved, since this depends a great deal on the individual physical and mental ability of each DOG. The Trainer has complete control over the manner of training and shall take all precautions for the proper performance thereof.

5. Inherent Risks and Assumption of Risk.

The undersigned Owner acknowledges there are inherent risks associated with the training of a gun dog such as described below, and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to the following:

• propensity of gun dogs to behave in ways such as, running, biting, barking, shying, stumbling, or falling that may result in an injury, harm or death to the DOG or to observers of the training.

• the unpredictability of a DOG’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals;

• certain hazards such as surface and subsurface conditions;

• collisions with other animals;

• the limited availability of emergency medical care;

• the potential of a participant in the training to act in a negligent manner such as failing to maintain control over the animal and

• Collision with vehicles used for transportation (e.g., trucks, ATV's) as well as some mechanical devises such as launchers.

Owner acknowledges that he has been advised that there are inherent risks, including the risk of serious injury or death, while engaging in gun dog training activities. By engaging in such activities and in accordance with the terms of this Agreement Owner hereby assumes all risks of injury or death.

6. Hold Harmless.

Owner agrees to hold Trainer harmless from any and all claims arising from damage or injuries caused by said DOG to anyone, and defend Trainer from any such claims. Owner agrees to disclose any and all hazardous or dangerous propensities of said DOG. Trainer reserves the right to notify Owner at any time if said DOG, in Trainer's opinion, is dangerous, untrainable, unhealthy, handicapped, or otherwise unfit for training. Upon such notification, and upon payment of all fees, this contract shall be deemed terminated.

7. Safety and Property Responsibility.

Owner is responsible for insuring that personal protective equipment such as ear and eye protection is used at all times by all participants in the training and any observers of the training. Any damage to property of Trainer shall be paid for by Owner regardless of fault. Trainer shall under no circumstance be liable for damage to any property of Owner or any observer.

8. Children.

Trainer discourages the presence of children during these training sessions, but any injury to any child shall be the responsibility of Owner and Owner shall hold Trainer harmless from any and all claims arising from damage or injury caused to a child no matter what was the cause.

9. Assumption of Risks and Hold Harmless.

OWNER VERIFIES THAT HE HAS FULL KNOWLEDGE OF THE RELATED RISKS. OWNER EXPRESSLY, KNOWINGLY, AND VOLUNTARILY ASSUME THE RISKS INVOLVED, AND AGREES TO HOLD TRAINER, HIS EMPLOYEES AND AGENTS HARMLESS FOR ANY RESULTING INJURY SUFFERED BY OWNER OR ANY OBSERVER IN THE COURSE OF SUCH TRAINING, INCLUDING, BUT NOT LIMITED TO, ANY INJURY SUFFERED BY REASON OF ACCIDENTAL SHOOTING BY OTHERS, OR BY ACCIDENTAL DISCHARGE OF FIREARMS, WHICH MAY BE CAUSED BY THE NEGLIGENCE OR FAULT OF ANY OTHER PERSON, WHETHER EMPLOYED BY TRAINER OR NOT; OR ANY OTHER INJURY, OF ANY NATURE WHATSOEVER, WHICH MAY BE SUFFERED BY ME OR OTHERS.

10. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

11. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

12. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

13. Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

14. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

15. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

16. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

17. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

18. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures as of the day and date first above stated.