PLEASE READ CAREFULLY BEFORE SIGNING. THIS PUPS AT THE PITCH RELEASE AND WAIVER OF LIABILITY AGREEMENT (THIS “AGREEMENT”) HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION. IN CONSIDERATION for being permitted to participate in the Pups at the Pitch promotion being held at Audi Field on June 14, 2023, at the Washington Spirit vs North Carolina Courage match, (the “Event”), I, Participant (hereinafter “I” or “Participant”), the undersigned, hereby agree as follows:
1. Acknowledgement of Participation.
I acknowledge and expressly consent to my voluntary participation in the Event being held at Audi Field with Washington Soccer Properties, LLC d/b/a the Washington Spirit (Washington Spirit”), on June 15, 2023, which will involve my attendance and the attendance of a dog of which I have custody (“my dog”), as well as dogs in the custody of other participants. I agree and warrant that if, at any time, I feel anything to be unsafe, including threat from other dog(s) participating in the event, I will immediately advise a Washington Spirit representative of such unsafe condition(s) and I will leave the Event.
2. Acknowledgments of Risks and Assumption of Risks.
I acknowledge that my voluntary participation and presence at the event may expose me to risks and dangers, some being inherent in the nature of the activity, including danger from a canine oriented event(e.g., dog bites, fights or altercations) or the sport of soccer (e.g., throwing and/or kicking of soccer balls, or contact or collisions with any other persons), some resulting from human error and negligence on my part and/or on the part of other personnel or dogs working or participating in the activity. I acknowledge that any of the above-referenced risks and dangers may cause damage or loss of personal property, personal injury and even death, and i fully assume and accept these risks and dangers.
3. Consent to Rules.
I have reviewed the Rules, Recommendations and Information (“Rules”) for the Event and I agree that it is my responsibility to: (1) act in accordance with the Rules and any other Audi Field rules and regulations; (2) control myself and my dog; and (3) not act in any way that may cause injury/death or contribute to the injury/death of others or of myself or of any dog(s) while at the Event.
4. Release, Waiver of Liability, and Indemnification.
On behalf of myself and each of my Related Persons (“Related Persons” shall mean: Participant’s heirs, assigns, executors, administrators, next of kin, and other persons acting or purporting to act on Participant’s behalf), I hereby knowingly, voluntarily, irrevocably, and forever release, waive, discharge and hold harmless, each and all of the Released Parties (“Released Parties” shall mean: the Washington Spirit, DC Stadium, LLC, D.C. Soccer, LLC, D.C. United Partners LLC, DC United Holdings LLC, DC Sports Facilities Entertainment, LLC, DC Soccer Management Company, LLC, Event sponsors, and each of their respective direct and indirect affiliates, members, administrators, designees, licensees, agents, owners, officers, directors, employees, sponsors, invitees, and contractors (and all employees of such contractors), parents, subsidiaries, affiliated and related companies, insurers, representatives, successors, and/or assigns of each of the foregoing entities and persons, whether past, present, or future, and whether in their institutional or personal capacities), from (or with respect to) any and all claims, suits, causes of action, and claims for damages, whether past, present, or future, and whether known or unknown, which I may have or may acquire as a result of my or my dog’s presence and participation in the Event, including, but not limited to, claims arising out of or in connection with my death, personal injury, illness, disability, suffering of short-term or long-term health effects, or loss of or damage to property, which I or any of my Related Persons may have or hereafter accrue against any of the released parties as a result of or that relate in any way to the event and all activities associated therewith, whether or not such claims arise from alleged negligence. Participant understands that this Agreement discharges the Released Parties from any and all liability or claims that I may have against the Released Parties with respect to, but not limited to, bodily injury, personal injury, illness, death, property damage, and any and all other liability that may result.
5. Consent to Treatment.
Participant hereby consents to have Released Parties, and/or any emergency medical technician, nurse, or medical doctor, render to Participant any and all aid, medical assistance, and/or treatment deemed reasonably necessary to Participant’s health and well-being. Participant agrees to be financially responsible for the costs of such aid, assistance, and/or treatment.
6. Photography/Video/Audio Consent.
I understand that I and my dog may be recorded, filmed, photographed, audio, video or other work and that Participant’s name, likeness, image, voice, appearance and/or performance is being recorded and may be made a part of a production. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Participant grants the Released Parties and their designees the irrevocable right to use Participant’s name, likeness, image, voice, appearance, and performance as embodied in the production whether recorded on or transferred to videotape, film, slides, photographs, audio tapes, electronic media, or other media, now known or later developed. This grant includes without limitation the right to edit, mix or duplicate and to use or re-use the production in whole or part as the Washington Spirit may elect. The Washington Spirit or its designee shall have complete ownership of the production in which I appear, including copyright interests, and Participant acknowledges that Participant have no interest or ownership in the production or its copyright. I also grant the Washington Spirit and its designee the right to broadcast, exhibit, market, sell and otherwise distribute the production, either in whole or in parts, and either alone or with other products, for commercial or non-commercial television or theater, closed-circuit exhibition, home video distribution or any other purpose that the Washington Spirit or its designee in their sole discretion may determine. This grant includes the right to use the production for promoting or publicizing any of the uses. The rights granted in this section are perpetual.
I represent and warrant that my dog has current Rabies, DHLPP, and Bordetella vaccinations, is in good health, is able to tolerate the presence of crowds and other dogs and has not demonstrated dangerous or aggressive behavior towards persons or other dogs. I, agree to abide by all the rules and instructions given in connection with this Event. I acknowledge that I am solely responsible for the accuracy of information that is contained herein. I hold harmless and release Released Parties from any liability or responsibility for verifying such information about any dog participating in the Event.
8. Governing Law.
This Agreement shall be governed by the laws of the State of Virginia without regard to choice of law principles. In the event of a dispute arising out of or concerning this Agreement or the Event, such dispute shall be settled by arbitration. Such arbitration shall be heard by a single arbitrator and commenced following the then in effect rules of the American Arbitration Association in Virginia.
If any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be modified, if possible, in order to achieve the intentions of the parties, and, if necessary, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding.
I, __________, HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS AGREEMENT; I understand its terms and I am aware of its legal consequences, including that I am hereby giving up substantial legal rights and that this Agreement is legally binding.
Audi Field Dog Rules
1. Children are not permitted to bring dogs without adult supervision. 2. Any participating dog must be at least six months old. 3. All owners must have a signed waiver to gain admission to Audi Field with their dog. 4. All owners and dogs must have a ticket located in sections 102-110 to gain admission to Audi Field. 5. Your dog MUST be UP TO DATE on Rabies, DHLPP, and Bordetella vaccinations to attend the game. I.D. tags and proof of vaccination are required to gain admission to Audi Field. 6. Audi Field reserves the right to refuse entry to any dog and reserves the right to eject any and all unruly, rowdy or disruptive dog or owner from the game and/or the Stadium. 7. You MUST enter through Gate B that is designated as the “Pitchside Pups” gate and dogs are permitted in the “Dog Zone” sections ONLY that are clearly labeled with signage and a map provided by Audi Field. 8. No Dogs will be permitted on the Field. 9. All dogs MUST be on a leash at all times. Retractable leases are not permitted. 10. Do not bring your dog if they are unreliable in crowds or with other dogs. 11. Do not bring a dog whose behavior could be dangerous to others or who has unreliable temperament. 12. Do not bring a female dog in heat. 13. Be courteous and responsible –you must pick up after your dog.