PupSwim Liability Waiver

LIABILITY WAIVER AND RELEASE OF CLAIMS

Effective Date: Upon Signature
Facility: PupSwim - Private Dog Swimming Facility
Operator: Jointwerx LLC
Location: St. Augustine, St. Johns County, Florida

1. ACKNOWLEDGMENT OF RISK

I acknowledge that allowing my dog(s) to participate in swimming activities involves inherent risks, including but not limited to:

• Drowning or near-drowning incidents
• Physical injury from entering or exiting the pool
• Injuries from interaction with pool equipment
• Injuries from slipping on wet surfaces
• Overexertion or heat exhaustion
• Aggravation of pre-existing health conditions
• Injuries from dog-to-dog interactions (if multiple dogs present)
• Chemical exposure from pool treatment products

2. ASSUMPTION OF RISK

I voluntarily assume all risks associated with my dog's participation in swimming activities at PupSwim, whether those risks are known or unknown, foreseen or unforeseen. I understand that these risks cannot be eliminated regardless of the care taken to avoid injuries.

3. RELEASE AND WAIVER OF LIABILITY

In consideration for being permitted to use the facilities at PupSwim, I hereby release, waive, discharge, and covenant not to sue Jointwerx LLC, PupSwim, and their respective owners, officers, employees, agents, contractors, and representatives (collectively "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by my dog(s), myself, or any property belonging to me, while participating in swimming activities or while on the premises.

4. INDEMNIFICATION

I agree to indemnify and hold harmless the Released Parties from any loss, liability, damage, or costs, including court costs and attorney's fees, that they may incur due to my participation in swimming activities at PupSwim, whether caused by negligence of the Released Parties or otherwise.

5. RULES AND REGULATIONS

I agree to abide by all rules and regulations established by PupSwim and understand that violation may result in immediate termination of services without refund.

Pool Safety Rules:

• Arrival and Waiting: To reduce stress on pets and pet owners, clients and their pets must remain in their vehicle until their scheduled time slot begins. Upon arrival at your time slot, you may bring your dogs to the pool area. You must depart promptly at the end of your session to allow the next pet owner to arrive and settle in, ensuring an enjoyable and stress-free experience for all.
• Owner Supervision Required: The dog owner or authorized representative must be present and actively supervising their dog(s) at all times during the swimming session.
• Maximum Capacity: No more than two (2) dogs per 20-minute session.
• Health Requirements: Dogs must be in good health and current on all vaccinations (including Rabies, Bordetella, Distemper, and Parvovirus).
• No Humans in Pool: Owners and handlers must remain outside the pool at all times. Only dogs are permitted in the water.
• Immediate Removal: Dogs showing signs of distress, aggression, or illness must be immediately removed from the pool.
• Waste Management: Owners must immediately clean up any waste (solid or liquid) produced by their dog(s) on the premises.
• No Food or Glass: No food, drinks, or glass containers are permitted in the pool area.
• Proper Entry/Exit: Dogs must enter and exit the pool only at designated areas.
• Time Limits: Sessions are limited to 20 minutes. Owners must vacate the premises promptly at the end of their scheduled time.
• Emergency Procedures: In case of emergency, immediately notify staff and follow all instructions provided.

Dog Eligibility Requirements:

• Dogs must be at least 6 months old
• Dogs must be free of contagious diseases, parasites, and open wounds
• Dogs must not be in heat (female dogs)
• Aggressive dogs or dogs with a history of biting are not permitted
• Dogs must be capable of swimming or wearing appropriate flotation devices

Owner Responsibilities:

• Provide proof of current vaccinations upon request
• Disclose any known health conditions, behavioral issues, or physical limitations
• Supervise dogs at all times during the session
• Bring necessary items (towels, leash, etc.)
• Arrive on time for scheduled sessions
• Provide 24-hour notice for cancellations

6. MEDICAL AUTHORIZATION

In the event of an emergency, I authorize PupSwim staff to seek emergency veterinary care for my dog(s) if I cannot be immediately reached. I agree to be financially responsible for all veterinary expenses incurred.

7. PHOTOGRAPH AND VIDEO RELEASE

I grant permission to PupSwim to photograph and/or videotape my dog(s) and to use such images for promotional purposes, including but not limited to websites, social media, and marketing materials.

8. PROPERTY DAMAGE

I agree to be financially responsible for any damage to the facility, equipment, or property caused by my dog(s) or my actions during my use of PupSwim facilities.

9. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any legal action arising from this Agreement shall be brought exclusively in the courts of St. Johns County, Florida.

10. SEVERABILITY

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

11. ENTIRE AGREEMENT

This Agreement represents the entire agreement between myself and PupSwim/Jointwerx LLC and supersedes all prior negotiations, representations, or agreements, whether written or oral.

12. FLORIDA EQUINE LIABILITY ACT NOTICE

While this waiver pertains to dog swimming activities, Florida law provides certain protections for animal activity operators. WARNING: Under Florida law, there is no liability for an injury to, or the death of, a participant in an equine activity or an injury to, or the death of, a participant or spectator in an agritourism activity conducted at this location if such injury or death results from the inherent risks of the activity. This principle extends to dog swimming activities where similar inherent risks exist.

13. COVID-19 AND COMMUNICABLE DISEASE ACKNOWLEDGMENT

I acknowledge that there is an inherent risk of exposure to communicable diseases, including COVID-19, in any public place. I voluntarily assume all risks related to exposure and agree that Released Parties shall not be held liable for any illness, injury, or harm resulting from such exposure.

14. VOLUNTARY PARTICIPATION

I certify that my participation and my dog's participation is voluntary, and I have not been forced or coerced into signing this Agreement.

15. ACKNOWLEDGMENT OF UNDERSTANDING

I HAVE READ THIS AGREEMENT CAREFULLY AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND THE RELEASED PARTIES. I SIGN IT OF MY OWN FREE WILL.