INDEMNITY, WAIVER AND RELEASE
I, the undersigned, will indemnify, defend and hold harmless, the Dallas Arboretum and Botanical Garden (the “Botanical Garden”), its agents, employees, officers, servants, dog committee members, donors, instructors, volunteers, and any and all other individuals associated with the Botanical Garden (collectively, the “Releasees”), from and against any and all actions, in law or in equity, liability, claims for damages, demands, or judgments arising out of or in connection with my participation in or presence at the Botanical Garden.
I do hereby acknowledge and accept that I have voluntarily applied to participate and utilize, with my dog(s), the Dallas Arboretum and Botanical Garden located in the City of Dallas, Texas. I fully understand and acknowledge that the physical presence of me and my dog in the Botanical Garden involves risks of injury to me, any individual accompanying me, other persons, my dog and other dogs, including but not limited to, risks resulting from aggressive dogs, unpredictable behavior, lack of proper training, tripping and falling, having an allergic reaction, and contracting an illness. I further understand that despite the efforts of the Botanical Garden to ensure owners have complied, there is a risk that not all dogs present in the Botanical Garden are licensed and vaccinated for rabies, which could result in injury to a person or a dog.
For myself and on behalf of my heirs, executors, administrators, legal representatives and assigns, I hereby release, waive and discharge the Releasees from any and all loss, cost, damage, liability, and expense of every nature, kind and description arising out of my said participation, use, or presence at the Botanical Garden. I understand that this waiver includes any claims based on negligence, action, or inaction.
The undersigned further expressly agrees that the foregoing indemnity, waiver and release is intended to be as broad and inclusive as is permitted by the law of State of Texas, and that if any portion thereof is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect. I, the undersigned, have read and understand all rules, regulations and policies, and will be responsible for adherence.
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