1. The Undersigned (herein after referred to as Participant) hereby acknowledges that it owns, or has temporary custody and control of, a dog(s) that is voluntarily participating in a Dock Jumping event (herein defined as any use of the K9 Water World LLC facility) at K9 Water World, and will exercise all necessary and proper care and precautions to keep Participant and its dog(s) safe during said event.

2. Participant further agrees to read and be bound by the Rules for use of K9 Water World facilities.

3. Participant further agrees to use reasonable care to prevent injury to any other person(s), such person’s property, or dog(s), while at the K9 Water World facility. However, because dogs are unpredictable animals, Participant understands and agrees that K9 Water World cannot guarantee protection against every potential injury, risk or accident. This Release and Waiver is intended to shift the risk of enjoying the dock jumping facility at K9 Water World to the Participant/Owner/Guardian of the dog(s) using these facilities and away from K9 Water World LLC.

4. Do not sign this Waiver and Release (thereby forfeiting the privilege of using K9 Water World LLC facilities) unless you are willing to accept the risk of participation, along with the associated risk of bodily injury, death or property damage such participation may pose, either while on the property of K9 Water World LLC, or in any other place when such injury, death, or damage shall have resulted from Participant’s dog(s) using the K9 Water World LLC facilities.

5. BY SIGNING THIS WAIVER AND RELEASE, PARTICIPANT HEREBY ASSERTS ITS AGREEMENT THAT IN CONSIDERATION FOR BEING PERMITTED TO USE K9 WATER WORLD LLC FACILITIES, IT, AND ITS HEIRS, NEXT OF KIN, EXECUTORS, AND PERSONAL REPRESENTATIVES DO ASSUME THE RISK(S) ASSOCIATED WITH SUCH AN ACTIVITY AND WAIVES, RELEASES, AND DISCHARGES K9 WATER WORLD LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SPONSORS, ORGANIZERS, VOLUNTEERS OR OTHER REPRESENTATIVES, THEIR SUCCESSORS AND/OR ASSIGNS (HEREINAFTER COLLECTIVELY THE “RELEASE”) FROM ANY AND ALL LIABILITY TO THE PARTICIPANT FOR ANY LOSS, HARM, DAMAGE, CLAIM, INJURY OR ACCIDENT TO ANY PERSON OR DOG(S) USING THE K9 WATER WORLD LLC FACILITIES, EVEN IF SUCH LOSS, HARM, DAMAGE,

CLAIM, INJURY OR ACCIDENT IS CAUSED BY AN ORDINARY NEGLIGENT ACT OR OMISSION OF THE

RELEASEE.

6. PARTICIPANT FURTHER AGREES AND COVENANTS NOT TO SUE K9 WATER WORLD LLC FOR ANY LOSS, DAMAGE, CLAIM, INJURY OR ACCIDENT SUFFERED BY IT EVEN IF SUCH LOSS, HARM, DAMAGE, CLAIM, INJURY OR ACCIDENT IS CAUSED BY AN ORDINARY NEGLIGENT ACT OR OMISSION OF THE RELEASEE.

7. The Participant hereby expressly agrees that the foregoing release and waiver, and assumption of risk are intended to be as expansive, broad and inclusive as recognized by Texas law as it now exists, or may hereafter be amended.

8. Nothing herein is intended to release K9 Water World LLC from any loss, harm, injury, claim or damage caused by intentional torts or wanton and reckless misconduct by Releasee.

9. In the event of a dispute of any kind arising under the Waiver & Release the parties hereto agree to resolve such dispute by Arbitration.

1. Inoculations

All dogs 6 months of age or older must have inoculations for Rabies, Canine Distemper, and

Canine Parvovirus to use K9 Water World Facilities. Dogs under 6 months of age present on K9

Water World grounds must have current inoculations for Canine Distemper and Canine

Parvovirus. Failure to comply with this requirement will result in the offending party and all their

inappropriately inoculated dogs being asked to leave.

2. Ineligibility for entry to dock jumping facility

The following dogs will not be allowed to use the K9 Water World facilities:

• Lame dogs; lame dogs will not be allowed onto the facility with other dogs.

Exceptions will be made for dogs that have veterinarian’s prescription and will be allowed onto the premises at a preset time and for a preset period of time to use the facility for rehabilitation purposes.

• Females in season. Females in season will not be allowed to use the facilities.

• Dogs that appear to be ill. Dogs must be in good health and condition in order to play. Dogs that appear to be ill or dogs with sutures, bandages, adhesive or any other material that is indicative of or related to any surgical or medical procedure will not be allowed to use the facilities.

Exceptions will be made for dogs that have a veterinarian’s prescription and will be allowed onto

the premises at a preset time and for a preset period of time to use the facility for rehabilitation

purposes.

• Canine Amputees, Deaf or Blind dogs. Canine Amputees, Blind and Deaf dogs are eligible ONLY if they are able to safely perform jumps will be allowed to use the facility subject to all the facility

rules.

3. Handlers

Age: Dock jumping (air dog) handlers may be any age provided the handler is able to control the dog. A dog may be excused at any time if K9 Water World believes the handler is unable to

control the dog.

All handlers that are under the age of 18 must have the waiver/consent form signed by a parent

or legal guardian.

Handlers age 10 or under must be accompanies by an adult on the dock.

4. Handlers and Spectators.

Handlers and spectators are expected to display good behavior and good sportsmanship on and off the dock. K9 Water World may remove and/or bar any handler and/or spectators from the dock and/or the facility for violations of these rules or conduct that interferes with

the use of the facility or other handlers or spectators.

a. Misbehavior of Handlers- Excusing a handler.

K9 Water World has sole discretion whether or not to allow the dog of an excused handler to continue to use the facilities with a substitute

handler. The decision of K9 Water World shall be final in these matters. In the event K9 Water

World should ask a handler and its dog to leave the facility for misbehavior any fees paid by such

misbehaving handler or dog shall not be refunded. This no refund policy shall apply to any

additional dogs the handler has and wishes to jump on that day regardless if the dogs were not

then using the facility.

i. A handler may be excused for exhibiting poor sportsmanship

ii. A handler may be excused for pushing or throwing a dog into the pool, or for cruel

treatment of a dog on the dock or the facility grounds.

b. Handler Misconduct.

A handler who abuses his/her dog on the dock will be asked to immediately leave the premises. Any handler asked to leave for abuse may in the sole discretion of K9 Water World be barred permanently from using the facility.

c. Refusal to leave.

Handlers that refuse to leave the property are subject to criminal trespass

complaint.

5. Equipment that must be provided by handler.

A handler must provide for each of his/her dog(s) the following:

a. Collars. However, chain collars, fancy collars (such as collars with sequins or buttons etc.)

studded, or “pinch” or “prong” collars, head harness, or any type of special training collars are

prohibited in deck area. Collars must properly fit the dog and be approved by K9 Water World.

Collar tags or other items hanging from the collar are prohibited in the dock area. Neither is it

permissible for a dog to wear a scarf or bandana, caps, sunglasses, etc.

b. Leashes. A lead long enough to allow the dog to move freely, but not so long as to cause over

socialization or to wrap around any equipment. Prohibited leads are any type of long-line or

retractable leashes.

c. Chase/Throw object. An object may be used in order to ask the dog to jump, however it is not a requirement. The object can be anything that does not sink, is not edible, does not dissolve in water, and is not a living or dead animal. Further, it is not required that the dog retrieve the

object from the pool in order to use the facility.

6. Performance on the dock

On the Dock:

i. The dog should be on leash while accessing the dock whereby the leash will be removed before getting set to jump as this poses a potential danger should the leash get caught while the dog is in the pool.

ii. An object may be used in order to ask the dog to jump, however it is not a requirement. The object can be anything that does not sink, is not edible, does not dissolve in water, and is not a living or dead animal. Further, it is not required that the dog retrieve the object from the pool in order to use the facility.

Handlers:

i. Number of handlers allowed. Teams may have more than one handler per dog.

ii. Number of handlers allowed on the dock during a splash/jump. Teams are restricted to no more than two handlers on the dock per jump. One to hold the dog and the other to throw the toy. These handlers may not be reversed during a splash. The handler throwing the toy is considered the handler of record.

Handler changes.

Handler changes are allowed at the beginning of each splash. A dog may not jump with different handlers in one splash, ie. The dog may be entered only once per splash. However, a handler may jump multiple dogs.