Waiver of Liability

Warning of Risk

By participating in this activity you must understand that you are at your own risk (and the risk of your dog). You are solely responsible for supervising your dog and determining whether or not this is an appropriate activity. Dog activities are intended to provide a fun and rewarding experience for you and your dog. Despite careful and proper preparation, there is still a risk of serious injury, including death to the dog, its owner/handler, or other persons or animals.

Risks associated with all dog parks include:

  • The propensity of any dog to behave in dangerous ways that may result in injury
  • The inexperience, negligence, or irresponsibility of a dog owner/handler
  • The inability to predict a dog’s reaction to movement, sounds, persons, or other animals
  • Actions by the dog due to fright, anger, stress, or insect bites
  • Natural reactions by the dog such as jumping, pulling, resisting, and biting
  • Environmental and traffic conditions
  • Acts of God
  • Inclement weather
  • Slips and falls
  • Premises defects
  • Equipment failure
  • Failure in instruction/supervision
  • All other circumstances inherent to dogs and/or outdoor activities

Should you attempt to break up a dog fight or restrain a dog, including but not limited to your dog, you may be severely mauled and/or attacked by your dog or other dogs.

In consideration for permission to use the Lucas Park Dog Park (LPDP), you will be expressly assuming the risk and legal liability and waiving and releasing all claims for injuries, damages, or loss which you or your dog might sustain as a result of participating in any and all activities connected with and associated with use of the LPDP. Acceptance of this release and adherence to the LPDP Rules & Regulations are conditions of membership. Memberships are non‐transferable and may be revoked for non‐compliance as may be required by the LPDP.

Waiver and Release

By entering Lucas Park Dog Park, I agree to indemnify, defend, hold harmless City of St. Louis (“City”), and Lucas Park Beautification Project d/b/a Lucas Park Dog Park (“LPDP”), and their officers, agents, employees, volunteers from any/all lawsuits, damages, claims, judgments, losses, liability, or expenses arising out of:

Any personal injuries, property damage, or death (including any and all injuries suffered any dogs) which I may sustain while I am using this park or any associated equipment owned by, donated by, or under the control of the City or LPCP, or which I or my animal cause while I am using this park or any equipment owned by donated by, or under the control of the City or LPDP, or while participating in any activity in Lucas Park Dog Park sponsored by the City or LPDP.

Any injury or death which results or increases by any action taken to medically treat me for any injury I may sustain or which I or my animal may cause while I am using this park or any equipment owned by, donated by or under the control of the City or LPDP, or while participating in any activity sponsored by the City or LPDP. I understand and agree with the following:

  1. Use of the dog park is self-directed and used with the understanding of “use at my own risk”.
  2. That LPDP (or The City) does not carry insurance to cover users of this dog park and I understand there are risks associated with any dog park for myself, my dog (s) or other humans who may be my guest (s).
  3. Unleashing my dog and being physically present at Lucas Park Dog Park involves risks of injury to me, any individual accompanying me, other people, my dog(s) and other dog(s), including but not limited to, risks resulting from aggressive dogs, unpredictable behavior, and lack of training.
  4. LPDP does not guarantee that dogs in the park are safe or healthy and that despite the efforts of LPDP to ensure owners have complied with LPDP registration procedures, there is a risk that not all dogs present in the dog park are licensed and vaccinated as required by law.
  5. Additional risks include, but are not limited to, dog fights, dog bites, theft, disappearance or unlawful capture, escape over and under fences, being knocked down, chased or tripped by a dog, and vegetation or standing water that may be unhealthy if consumed.
  6. I assume all risks associated with using the dog park, including its fixtures and equipment, in an unsupervised manner, including the risk of injury to me, any individual (including supervised children age 8 or older) accompanying me and my dog (s).

I further understand and agree that LPDP is not managed by the City of St. Louis or its Parks Department. In accordance to St Louis City Ordinances 66595 and 57335, the dog park management responsibilities are handled through a LPDP management team who are LPDP members and who donate their time as volunteers to oversee dog park membership process, adherence to the rules and general operations and maintenance, LPDP management decisions are final and binding. The LPDP management does not provide ongoing, day-to-day on-site supervision, except for LPDP sanctioned activities. Members are expected to adhere to LPDP rules and assist in monitoring the dog park; be responsible for their own behavior and that of their registered dog (s).

I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless LPDP from any and all claims, demands, or causes of actions, which are in any way connected with my participation in this activity or my use of LPDP’s equipment or facilities, including such Claims which allege negligent acts or omissions of LPDP.

 

Updated December 3, 2018