This De-Stress Program Agreement (“Agreement”) is effective (“Effective Date”), and is by and between San Diego Humane Society (“SDHS”), a California non-profit corporation, and your facility (“Facility”) with reference to the following requirements.

Please have a Facility staff member meet our volunteers when they arrive to show them exactly where the visit should take place. One or more of your staff members must remain present during our entire visit.

Our volunteers are responsible for the animals and are trained to handle them. If your staff would like to assist handling our animals, we ask that they take direction from our volunteers to prevent any injuries or accidents to people and the animals. Our volunteers must always accompany our pets wherever they go — Facility staff members are not permitted to take our pets out on their own during the visit.

All the animals that participate in the Animal Ambassador program receive ongoing vet care and vaccinations (if appropriate for their species). However, all animals are potential carriers for disease, and the best way to reduce transmission to your clients is to have them wash their hands before and after the visit has concluded and especially before eating or drinking.

We cannot guarantee the availability of a specific type or number of animals as we depend on volunteers to fill each shift. The wellbeing of each animal will be considered and animals exhibiting signs of stress or illness will not be included on visits.

NOW, THEREFORE, in consideration of the recitals and mutual obligations of the Parties, and for other good and valuable consideration, SDHS and Facility agree as follows:

Release and Waiver of Liability. In consideration of being permitted to participate in the program put on by SDHS, each of the undersigned, for himself/herself, his/her personal representative, employees, heirs, next of kin, invitees, and/or guests:

Acknowledges, agrees, and represents that: (i) he/she is aware of and assumes the many risks associated with being around the animal(s), including, but not limited, to the risks of injury, infection, being frightened, and damage to real and personal property; (ii) that SDHS cannot guarantee to Facility or anyone else what type of temperament the animal may have.

Hereby releases, waives, discharges, and covenants not to sue SDHS, its employees, agents, members, directors, officers, volunteers or any affiliated entities thereof, from all liability to the undersigned, his/her personal representative, employees, assigns, heirs, next of kin, guests, and/or invitees for any and all loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned or anyone else arising out of or related to participating in the program put on by SDHS.

Hereby agrees to indemnify, defend and hold harmless SDHS, its employees, agents, members, directors, officers, volunteers or any affiliated entities thereof, from any loss, liability, damage, or cost including bodily injury or property damage, including claims brought by third parties, arising out of or related to Facility interacting with animals brought by SDHS.

Hereby assumes full responsibility for any risk of bodily injury, death or property damage arising out of or related to participating in the program put on by SDHS.

Hereby agrees that this release and waiver of liability, assumption of risk and indemnity agreement extends to all acts of negligence by SDHS, its employees, agents, members, directors, officers, or any affiliated entities thereof, and is intended to be as broad and inclusive as is permitted by the laws of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

CONSENT TO WAIVE. ON BEHALF OF FACILITY, THE UNDERSIGNED HAS READ THIS AGREEMENT, FULLY UNDERSTANDS ITS TERMS, IS AUTHORIZED TO SIGN THIS AGREEMENT, IS EIGHTEEN (18) YEARS OF AGE OR OLDER, AND UNDERSTANDS THAT UNDERSIGNED HAS GIVEN UP RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO THE UNDERSIGNED AND INTEND THE SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

INSURANCE

Facility certifies that it maintains and is responsible for maintaining a commercial general liability insurance policy written on an occurrence form for not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate.

Neither party shall be liable to the other for lost profits or business, indirect, consequential or punitive damages, whether based in contract or tort (including negligence, strict liability or otherwise), and whether or not advised of the possibility of such damages.

We reserve the right to discontinue visits to a facility at any time and for any reason.