This Liability Release, Assumption of Risk, and Indemnification Agreement ("Waiver") is entered into between Delta Tails LLC, a Colorado limited liability company ("Company"), and the undersigned individual ("Client").

 

WHEREAS, Company provides service dog training services, including but not limited to medical alert training, allergen detection training, psychiatric service dog training, mobility assistance training, scent detection training, public access training, and related instruction (collectively, "Services"); and

 

WHEREAS, Services may be delivered in person at Company's location in Greeley, Colorado, remotely via video conference, through online course platforms, or through any combination thereof; and

 

WHEREAS, Client desires to participate in one or more of Company's training programs and, as a condition of participation, agrees to the terms of this Waiver;

 

NOW, THEREFORE, in consideration of Client's participation in the Services, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Client agrees as follows:

 

1. DESCRIPTION OF ACTIVITIES

Client understands that participation in the Services involves working directly with live animals, including but not limited to: obedience and behavioral training, scent detection and medical alert training, public access training in various environments, task-specific training for medical, psychiatric, mobility, or allergen-related needs, and community participation through online platforms.

2. ACKNOWLEDGMENT AND ASSUMPTION OF RISK

Client acknowledges and understands that participation in the Services involves inherent risks, including but not limited to:

 

(a) Animal behavior risks: Dog bites, scratches, jumping, pulling, knocking down, or other unpredictable animal behavior resulting in bodily injury or property damage;

(b) Training-related physical risks: Physical injury during handling, leash work, mobility training, or public access exercises;

(c) Task reliability risks: The possibility that a trained dog may fail to perform a task, fail to alert, provide a false alert, or perform inconsistently, including failure to detect medical conditions, allergens, or psychiatric episodes;

(d) Third-party risks: Interactions between Client's dog and third parties, other animals, or unfamiliar environments during training or public access activities;

(e) Remote training risks: When Services are delivered remotely, the possibility that Client may incorrectly implement training techniques without direct in-person supervision, which could result in ineffective training, injury to Client, injury to the dog, or injury to third parties;

(f) Environmental risks: Exposure to weather, terrain, traffic, other animals, and public environments during training exercises; and

(g) Emotional risks: The possibility that a dog may not be suitable for service work ("washout"), that training may not achieve Client's desired outcomes, or that the process may cause frustration or emotional distress.

 

CLIENT VOLUNTARILY ASSUMES ALL RISKS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH PARTICIPATION IN THE SERVICES, EVEN IF ARISING FROM THE NEGLIGENCE OF COMPANY, ITS OWNERS, EMPLOYEES, AGENTS, OR CONTRACTORS.

3. SERVICE DOG AND MEDICAL DISCLAIMER

Service Dog Disclaimers

(a) No guaranteed outcomes. Company does not guarantee that any dog will successfully complete service dog training, achieve public access readiness, reliably perform trained tasks, or be suitable for service work. Training outcomes depend on numerous factors outside Company's control, including the dog's individual temperament, breed characteristics, age, health, prior experiences, the handler's consistency and effort, and environmental variables.

(b) Washout risk. Client acknowledges that not every dog is suitable for service work. A dog may be determined unsuitable at any point during training due to temperament, health, behavioral issues, or other factors. Client assumes the risk that their dog may not succeed as a service dog regardless of the training invested.

(c) Task reliability. No trained task is 100% reliable. Dogs are living animals whose performance may vary based on health, stress, fatigue, environmental distractions, and other factors. Client acknowledges that any trained task, including but not limited to mobility assistance, autism support, psychiatric support, medical alerting, allergen detection, and public access behaviors, may fail to perform as expected in any given situation.

(d) Public access. Completion of Company's training programs does not certify, register, or officially designate any dog as a service animal under federal, state, or local law. Client is solely responsible for understanding and complying with all applicable laws regarding service animal access and behavior, including the Americans with Disabilities Act. Company makes no representation regarding any dog's readiness for public access.

Medical and Health Disclaimers

(e) Company does not provide medical devices. A service dog trained through the Services is not a medical device, diagnostic tool, or substitute for medical equipment. No representation is made that any dog will reliably detect, alert to, or respond to any medical condition, allergen, or psychiatric episode.

(f) No guarantee of alert accuracy. Client acknowledges that scent detection and medical alert training involves biological processes that are inherently variable. Alert accuracy depends on numerous factors outside Company's control, including the dog's health, environmental conditions, handler technique, and the nature of the target scent or condition.

(g) Independent medical care required. Client agrees to maintain all appropriate medical care, treatments, medications, and monitoring independent of the dog's trained tasks. Client will not rely solely on the dog for medical alerting, allergen detection, psychiatric support, or any other health-related task.

(h) Consultation with healthcare providers. Company recommends that Client consult with qualified healthcare providers regarding the appropriateness of a service dog for Client's specific medical or psychiatric needs. Company does not provide medical, psychological, or therapeutic advice.

4. NO GUARANTEE OF OUTCOMES

(a) Company does not guarantee that any dog will successfully complete training, achieve public access readiness, reliably perform trained tasks, or meet any specific standard of performance.

(b) Training outcomes depend on numerous factors, including but not limited to: the dog's individual temperament, health, age, and breed characteristics; Client's consistency, effort, and skill in implementing training; the frequency and quality of practice sessions; and environmental and situational variables.

(c) Testimonials, case studies, or success stories shared by Company reflect individual experiences and do not guarantee similar results.

(d) Company reserves the right to recommend, in its professional judgment, that a dog be retired from training if it determines the dog is unsuitable for service work. Such recommendation does not entitle Client to any refund, credit, or compensation under this Waiver.

5. REMOTE SERVICES ACKNOWLEDGMENT

If any portion of the Services is delivered remotely (via video conference, online courses, messaging platforms, or other digital means):

 

(a) Client accepts sole responsibility for implementing training instructions and techniques without direct, in-person supervision by Company.

(b) Client acknowledges that Company cannot directly observe, assess, or control the dog's behavior or Client's training environment during remote sessions.

(c) Client agrees to accurately describe the dog's behavior, training environment, and any incidents or concerns to Company during remote sessions.

(d) Client assumes all risk arising from the remote delivery format, including the risk of miscommunication, misapplication of techniques, or inability of Company to intervene in real time.

6. RELEASE OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY COLORADO LAW, CLIENT HEREBY RELEASES, WAIVES, AND FOREVER DISCHARGES COMPANY, ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, DAMAGES, OR LIABILITIES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO CLIENT'S PARTICIPATION IN THE SERVICES, INCLUDING BUT NOT LIMITED TO:

(a) Personal injury, illness, or death of Client;

(b) Injury to or death of Client's dog;

(c) Property damage;

(d) Failure of a trained dog to perform any task, alert, or behavior;

(e) Any medical event, allergic reaction, or psychiatric episode that occurs despite, or due to the failure of, a dog's trained response; and

(f) Any claim arising from the remote delivery of Services.

 

THIS RELEASE APPLIES TO CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES BUT DOES NOT APPLY TO CLAIMS ARISING FROM THEIR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

7. INDEMNIFICATION

Client agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, lawsuits, judgments, losses, damages, costs, and expenses (including reasonable attorneys' fees) brought by any third party and arising out of or related to:

 

(a) The behavior or actions of Client's dog, whether during or after training, including but not limited to bites, attacks, property damage, or any other injury caused by the dog;

(b) Client's use of the dog in public or private settings;

(c) Client's implementation of training techniques provided through the Services;

(d) Client's misrepresentation of the dog's training status, qualifications, or service dog designation;

(e) Client's violation of any applicable law, regulation, or ordinance, including laws governing service animals, public access, and animal control; and

(f) Any claim arising from Client's participation in Company's online community platforms.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO CLIENT FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THIS WAIVER EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT TO COMPANY FOR THE SPECIFIC PROGRAM GIVING RISE TO THE CLAIM.

 

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE, MEDICAL EXPENSES BEYOND DIRECT INJURY, OR EMOTIONAL DISTRESS, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.

9. PROFESSIONAL SCOPE LIMITATION

(a) Company provides dog training services only. Company is not a medical provider, veterinarian, mental health professional, or therapist.

(b) Nothing in the Services constitutes medical advice, psychological counseling, therapeutic treatment, or veterinary care.

(c) Client is solely responsible for consulting qualified professionals regarding Client's medical, psychiatric, or veterinary needs.

(d) Company's recommendations regarding a dog's suitability for service work are based on training observations and professional dog training experience only, and are not a substitute for veterinary behavioral assessment.

10. GOVERNING LAW AND DISPUTE RESOLUTION

(a) This Waiver shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles.

(b) Any dispute arising out of or related to this Waiver or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with arbitration to take place in Weld County, Colorado.

(c) Client waives any right to participate in a class action lawsuit or class-wide arbitration against Company.

11. SEVERABILITY

If any provision of this Waiver is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

12. ENTIRE AGREEMENT

This Waiver constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, or understandings, whether written or oral, relating to assumption of risk and liability release. This Waiver is separate from and in addition to any Service Agreement between the parties.

 

13. MINOR HANDLERS

If Client is executing this Waiver on behalf of a minor handler under the age of eighteen (18):

(a) Client represents and warrants that Client is the parent or legal guardian of the minor handler and has full legal authority to bind the minor to this Waiver.

(b) Client agrees to this Waiver on behalf of both Client and the minor handler. All references to "Client" in this Waiver shall include the minor handler.

(c) Client assumes all risks described in this Waiver on behalf of the minor handler and releases all claims on behalf of both Client and the minor handler.

(d) Client agrees to indemnify and hold harmless Company from any claim brought by or on behalf of the minor handler arising out of participation in the Services, including any claim that this Waiver is not binding on the minor.

(e) Client acknowledges that Company is relying on Client's representations and authority in permitting the minor handler to participate in the Services.

14. ACKNOWLEDGMENT AND VOLUNTARY EXECUTION

BY SIGNING BELOW, CLIENT ACKNOWLEDGES AND AGREES THAT:

 

(a) Client has carefully read this Waiver in its entirety and fully understands its contents;

(b) Client is aware that this Waiver releases Company from liability and includes an assumption of risk, indemnification obligation, and limitation of liability;

(c) Client is signing this Waiver voluntarily and of Client's own free will;

(d) Client is at least 18 years of age and legally competent to enter into this agreement;

(e) Client has had the opportunity to consult with an attorney before signing this Waiver; and

(f) Client intends this Waiver to be binding upon Client and Client's heirs, executors, administrators, and assigns.