Bark in the Park
I, the undersigned, fully understand, appreciate and agree that I have voluntarily requested to participate in a“Bark in the Park” event (the “Event”) at an Indianapolis Indians (“Indians”) game (“Game”) to be played at Victory Field in Indianapolis, Indiana (the "Stadium"), which will involve my attendance and the attendance of one dog of which I have custody, at the Stadium. I understand that by participating in the Event, my actions may result in anticipated and/or unanticipated injuries and damage to myself and others including my dog, as well as the dogs of others.
I hereby represent that the dog of which I have custody during the Event is in good health. I understand that no pet will be allowed admittance to the Stadium and the Event unless I have provided documentation acceptable to the Indians in their sole discretion that the dog that will be in my custody has current vaccinations. I agree to abide by any decision of any Indians official or other authorized representative concerning my ability or the ability of the dog of which I have custody to participate safely in the Event, and I further agree that Indians officials and other representatives may authorize necessary treatment for me and/or the dog in my custody.
I assume any and all risks associated with my participation and the participation and actions of my dog in this Event including, but not limited to, risk of or associated with injury and property damage including injury to dogs, illness, falls, contact with spectators at the Event, injuries or damages sustained by and through other participants dogs, the condition of the premises and the Stadium, including all sidewalks and parking lots, and it is understood and agreed that all such risks are assumed by me.
I agree to abide by all rules and instructions established by the Indians in connection with this Event as well as all rules and regulations imposed on all ticketed patrons attending a Game at the Stadium (including without limitation the right to require my removal from the premises and the Stadium together with the dog in my custody in the sole discretion of the Indians). I assume the risk for injuries and damages sustained as a result of the manner and method by which the Event is administered.
I hold the “Released Parties” (as that term is defined below) released from liability and any responsibility for verifying the information contained in the application and whether the information was provided by me or a third party.
In consideration for allowing me to participate in this Event with the dog in my control, I hereby for myself, my heirs, executors, and administrators or anyone acting on my behalf, waive, release, and covenant not to sue and full indemnify and hold harmless and discharge Indianapolis Indians Inc., affiliates, predecessors and successors, owners, agents, partners, officials, employees and representatives, any sponsor of the Event, suppliers, and independent contractors or other personnel in any way assisting or connected with this Event (all of said parties being collectively referred to herein as the “Released Parties”), from and against any and all claims, demands, or causes of action of any kind (including, but not limited to, attorneys’ fees and costs through all appeals and other proceedings) arising out of my participation and the participation and actions of my dog in this Event, regardless of who causes the injury or damage sustained and regardless of whether based on fault or negligence or not. I understand that my dog will not be allowed admittance unless and until I agree to assume full responsibility for the actions of my dog.
The undersigned hereby grants permission to record and utilize the videotaped or photographed image, likeness and/or voice of the undersigned, and the image and likeness of the dog in the undersigned’s custody, as well as the undersigned’s name and any other identification for advertising, publicity, instructional or any other purposes in connection with the Event or the business of any of the Released Parties, in any medium from time to time without compensation or notice to the undersigned.
The undersigned acknowledges that he or she has (i) had full opportunity to ask any questions regarding the Event that the undersigned may have and fully understands the nature of the Event, (ii) read and understands this document (“Release”), (iii) been given an opportunity to review this Release with anyone the undersigned chooses, including a lawyer, (iv) given up substantial rights by signing this Release and (v) full power, right and authority to sign this Release and is at least 18 years of age and has freely and voluntarily signed this Release without any inducement or assurance of any nature, for good and valuable considerations inuring to the undersigned’s benefit None of the Released Parties shall have, or be deemed to have, any obligation to the undersigned, his dog, or any other person in connection with the Event unless set forth in writing and signed by the Released Party.
This Release is meant to be liberally construed to protect the Released Parties to the fullest extent allowed by law. THE UNDERSIGNED FURTHER ACKNOWLEDGES AND AGREES THAT THIS RELEASE IS GOVERNED AND INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAWS OF THE STATE OF INDIANA. IF ANY PORTION OF THIS RELEASE IS HELD INVALID, IT IS AGREED THAT THE BALANCE HEREOF SHALL CONTINUE IN FULL FORCE AND EFFECT.