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 (“Club Activities”), involves inherent risks of injury to persons and animals.
Member voluntarily assumes all risks associated with 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, or liability arising out of or connected with Member’s participation in Club Activities.
Member further agrees to indemnify and defend the PWDCNC and its representatives against all claims, including attorneys’ fees, brought by Member or any third party related to participation or breach of this Agreement.
4. DISPUTE RESOLUTION
4.1. Arbitration: Any dispute shall be resolved by binding arbitration before a mutually agreed-upon JAMS arbitrator in Alameda County, California. The Parties shall have rights to discovery under CCP §1283.05. The arbitrator may not commit legal error. Arbitration will follow JAMS Rules and costs will be split equally.
5. ATTORNEYS’ FEES
The prevailing party in any action arising out of this Agreement will be entitled to reasonable attorneys’ fees and costs.
6. GOVERNING LAW, JURISDICTION, AND VENUE
This Agreement is governed by California law. The parties consent to the jurisdiction of state and federal courts located in Alameda County for enforcement or arbitration matters.
7. ACKNOWLEDGMENT
Member acknowledges having read and understood this Agreement, including risk assumption, indemnification, and arbitration provisions, and agrees to be bound by its terms.
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