Liability Waiver - Rockwall Animal Adoptions

ANIMAL MEET-AND-GREET ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND PARENT/GUARDIAN ACKNOWLEDGMENT

PLEASE READ CAREFULLY. THIS IS A RELEASE OF LEGAL RIGHTS, INCLUDING CERTAIN CLAIMS ARISING FROM ORDINARY NEGLIGENCE.

In consideration for being permitted to enter animal areas, meet, handle, interact with, or otherwise be near an animal at the Rockwall Adoption Center, referred to in this Agreement as “RAC,” I agree as follows:

1. Acknowledgment of Animal-Related Risks(Required)

I understand that animals can be unpredictable, regardless of their size, age, breed, appearance, health, temperament, training, behavioral history, or prior interactions with people or other animals.

I understand that participating in an animal meet-and-greet or entering an area where animals are present involves inherent and other risks, both known and unknown, including, but not limited to:

Bites, scratches, kicks, jumping, lunging, pulling, tripping, or being knocked down;
Falls and other injuries caused by animals, leashes, gates, kennels, furniture, equipment, flooring, other visitors, or environmental conditions;
Allergic reactions, illness, infection, parasites, zoonotic disease, or exposure to bodily fluids;
Damage to clothing, personal belongings, vehicles, or other property;
Emotional distress or other harm resulting from an animal interaction; and
Serious bodily injury, permanent disability, or death.

I understand that RAC cannot guarantee the past history, present behavior, future behavior, health, temperament, or suitability of any animal.

2. Voluntary Assumption of Risk(Required)

I voluntarily choose to participate in animal meet-and-greets and knowingly and freely accept and assume all risks associated with entering RAC’s animal areas or interacting with animals, whether those risks are known or unknown, anticipated or unanticipated, inherent or otherwise.

I agree to follow all instructions given by RAC staff or representatives. I understand that RAC may stop or refuse an animal interaction at any time.

3. RELEASE OF LIABILITY, INCLUDING ORDINARY NEGLIGENCE(Required)

TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, I, ON BEHALF OF MYSELF AND MY HEIRS, ESTATE, PERSONAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, RELEASE, WAIVE, AND FOREVER DISCHARGE THE CITY OF ROCKWALL, ROCKWALL ADOPTION CENTER, AND THEIR RESPECTIVE ELECTED AND APPOINTED OFFICIALS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, COLLECTIVELY REFERRED TO AS THE “RELEASED PARTIES,” FROM CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, OR LIABILITIES FOR PERSONAL INJURY, ILLNESS, DEATH, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO MY PRESENCE AT RAC OR MY INTERACTION WITH AN ANIMAL.

THIS RELEASE EXPRESSLY INCLUDES CLAIMS CAUSED OR ALLEGED TO HAVE BEEN CAUSED, IN WHOLE OR IN PART, BY THE ORDINARY NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES, INCLUDING NEGLIGENT SUPERVISION, NEGLIGENT HANDLING OF AN ANIMAL, NEGLIGENT FAILURE TO WARN, OR NEGLIGENT ACTS OR OMISSIONS RELATED TO AN ANIMAL MEET-AND-GREET.

This Agreement is not intended to release liability that cannot lawfully be released, including liability for gross negligence, reckless conduct, or intentional misconduct.

4. Responsibility for Conduct and Property(Required)

I accept responsibility for my own actions and agree to maintain control of my personal belongings during the animal interaction.

I agree that I will not:

Feed, restrain, discipline, or otherwise handle an animal unless expressly authorized by RAC staff;
Place my face near an animal’s face;
Allow a child to approach or touch an animal without staff authorization and my direct supervision;
Open kennels, cages, doors, gates, or animal enclosures without authorization; or
Disregard instructions from RAC staff.

I understand that I may be financially responsible for damage that I or a person under my supervision intentionally or negligently causes to RAC property.

5. Emergency Assistance(Required)

If I am injured or become ill during an animal interaction, I authorize RAC or City of Rockwall personnel to contact emergency medical services when reasonably believed necessary.

I understand that RAC and the City of Rockwall do not undertake a duty to provide medical treatment and that I am responsible for medical, ambulance, transportation, or other expenses incurred on my behalf.

6. Parent or Legal Guardian Acknowledgment

Only complete this section when any participant is under 18 years of age.

I represent that I am the parent or court-appointed legal guardian of each minor identified below, or that I otherwise have lawful authority to supervise the minor during the visit.

I understand that animals can behave unpredictably and that children may be at increased risk of injury during animal interactions. I accept full responsibility for directly and continuously supervising each minor in my care and ensuring that each minor follows all RAC instructions.

On behalf of myself, I release the Released Parties from any claims that I personally may have arising from injury to a minor in my care, including claims for medical expenses, loss of services, or other derivative claims, to the fullest extent permitted by Texas law.

I understand that this Agreement is not intended to waive or release any independent claim belonging to a minor when such a claim cannot lawfully be waived by a parent or guardian.

Minor participant names and ages:(Required)

7. Term and Continuing Application(Required)

This Agreement takes effect on the date signed and remains effective for twelve months, through the expiration date shown below.

During that period, this Agreement applies to:

The signer’s current visit;
Each subsequent visit to RAC;
Every animal meet-and-greet or interaction at RAC; and
Interactions with any animal, whether or not the animal was known or present when this Agreement was signed.

I understand that every animal interaction presents separate risks. By participating in a future meet-and-greet during the 12-month term, I reaffirm my assumption of those risks and my agreement to the terms of this Agreement.

RAC may require a new waiver at any time, including after an incident, when the participant’s information changes, when a minor reaches 18 years of age, or when RAC revises its waiver or animal-interaction procedures.

8. Texas Law, Severability, and Entire Agreement(Required)

This Agreement will be interpreted under Texas law.

If any portion of this Agreement is found invalid or unenforceable, that portion will be limited or removed only to the extent necessary, and the remaining provisions will continue in effect.

This Agreement contains the complete understanding regarding the subjects addressed in it and may be modified only in a written document approved by RAC or the City of Rockwall.

9. Electronic Signature and Acknowledgment(Required)

I agree that my electronic signature, typed name, checked acknowledgment box, or other electronic indication of consent is intended to serve as my signature and may be treated in the same manner as a handwritten signature.

BY SIGNING BELOW, I CONFIRM THAT I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT, UNDERSTAND THAT IT AFFECTS MY LEGAL RIGHTS, UNDERSTAND THAT IT INCLUDES A RELEASE OF CERTAIN CLAIMS ARISING FROM ORDINARY NEGLIGENCE, AND VOLUNTARILY AGREE TO ITS TERMS.