This Membership Agreement (the "Agreement") is entered into between the Portuguese Water Dog Club of Northern California, a California nonprofit organization ("PWDCNC" or the "Club") and the undersigned This Membership Agreement (the "Agreement") is entered into between the Portuguese Water Dog Club of Northern California, a California nonprofit organization ("PWDCNC" or the "Club") and the undersigned ("Member").
1. MEMBERSHIP TERMS AND RENEWAL
1.1. Initial Term: The initial membership term shall be for one (1) year from the date of acceptance of this Agreement by the Club.
1.2. Renewal: Following the initial term, membership may be renewed annually upon:
- Payment of applicable renewal dues as established by the Club
- Continued compliance with Club bylaws and rules
- Submission of a renewal application if required by the Club
2. ASSUMPTION OF RISK
Member acknowledges that participation in Club activities, including but not limited to dog training, competitions, shows, and social events (Collectively herein referred to as “Club Activities”) involves inherent risks of injury to persons and animals.
Member voluntarily assumes all risks associated with participation in Club Activities, including but not limited to:
- Injury to self, family members, or guests
- Injury to Member's dog(s)
- Property damage or loss
- Any other risks inherent in Club Activities.
3. HOLD HARMLESS AND INDEMNIFICATION
Member agrees to hold harmless the PWDCNC, its officers, directors, members, employees, and volunteers from any and all claims, demands, actions, causes of action, or liability of any kind whatsoever arising out of or in any way connected with Member's participation in Club Activities.
Member agrees to indemnify and defend the PWDCNC, its officers, directors, members, employees, and volunteers against all claims, including attorneys' fees and costs, brought by Member or any third party arising from and/or in any way connected to Member participation in Club Activities or breach of this Agreement.
4. DISPUTE RESOLUTION
4.1. Arbitration: Any dispute arising from or relating to this Agreement shall be resolved by binding arbitration before a mutually agreed-upon arbitrator from the JAMS panel of neutrals, with such arbitration to be held in Alameda County, California. The Parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. Except as otherwise provided herein, the arbitration shall be conducted in accordance with the JAMS Arbitration Rules and Procedures, with the fees and costs of arbitration to be split equally between the parties.
5. ATTORNEYS' FEES
In any action or proceeding arising out of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs.
6. GOVERNING LAW, JURISDICTION, AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
The parties consent to the exclusive jurisdiction of the state and federal courts located in the State of California Alameda County for any action to compel arbitration or to enforce any arbitration award.
7. ACKNOWLEDGMENT
Member acknowledges having read and understood this Agreement, including the assumption of risk, hold harmless, and arbitration provisions, and agrees to be bound by its terms.
