THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK (this “Release”) is made as of the date specified below by and between Whiskerville LLC, DBA Whiskerville Kitty Cat Café, (the “Cafe”) and the undersigned person (“I”, “me”, or “my”).
In exchange for the Café allowing me to enter the Café and/or interact and play with cats and/or kittens who are present and/or available for adoption (the “Cats”) at the Café (collectively, the “Activity”), I understand and agree to the following:
I understand that cats, like all animals, can sometimes be unpredictable, and sometimes have aggressive behavior, including biting and scratching without warning or provocation. I know and understand that the Activity has inherent risks and dangers, including the risk of infection, disease, personal injury to me and others, and property damage (collectively, “Risks”). DESPITE THE RISKS, I ASSUME ANY AND ALL RISKS OF PROPERTY LOSS, DAMAGE, AND PERSONAL INJURY, DISFIGUREMENT OR DEATH, RESULTING FROM OR IN CONNECTION WITH THE ACTIVITY WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I ACKNOWLEDGE THAT ANY INJURIES I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY.
I AGREE NOT TO SUE AND WILL NOT HOLD THE CAFÉ OR ANY RELEASEES RESPONSIBLE FOR ANY HARM, INJURY, DAMAGE, OR LOSS I MIGHT EXPERIENCE DURING THE ACTIVITY, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE CAFÉ OR RELEASEES OR OTHERWISE. This includes things caused by my own actions, by others, or by accidents. I also agree not to help anyone else sue them for anything that happens to me during the Activity, even if it results in injury, property damage, or death.
I agree to indemnify and hold each of the Café and its employees, volunteers, directors, agents, representatives and officers (collectively, the “Releasees”) harmless from and against all any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising out of or resulting from: (a) my participation in the Activity, (b) any third party that accompanies me (or that I allow to enter the Café) including any Minors; and (c) any claim arising from bodily injury or property loss arising from my participation in the Activity.
I agree that I am solely responsible for assessing my own mental and physical capability to safely participate in the Activity. I represent and warrant that I am physically and mentally fit to participate in the Activity, and that I do not have any infirmity or condition, including allergies to cats, which would prevent or adversely affect me from safely and appropriately participating in the Activity.
I acknowledge that while on the Café premises, photographs and videos may be taken for social media advertising and other business purposes of the Café. I consent to use of my image and/or images of those in my party, including Minors, by the Café. If you do NOT want to have your photo taken while at the Café, then please do not sign this Release and do not enter the premises.
I agree to abide by all rules and policies (the “Rules”) that the Café may impose in connection with participation in the Activity and will engage in any activity that will injure or otherwise harm any person or the Cats in any manner. IF I, OR ANY OTHER PERSON OR MINOR THAT I AM RESPONSIBLE FOR, FAILS OR REFUSES TO FOLLOW THE RULES, THE CAFÉ HAS THE RIGHT TO TERMINATE MY PARTICIPATION IN THE ACTIVITY AND IMMEDIATELY REMOVE ME FROM THE CAFÉ, AND I WILL NOT RECEIVE ANY REFUND OF FEES PAID TO THE CAFÉ FOR PARTICIPATION IN THE ACTIVITY.
If someone accompanies me younger than 18 years of age (a “Minor”), I consent to: (a) the Minor’s participation of the Activity; and (b) agree that the terms of this Release shall be binding upon the Minor and his or her parent or guardian. I agree to indemnify Café for any and all claims relating to the Minor’s participation and/or interactions with the Cats and/or any claims relating to such Minor while the Minor is at the Café. A Minor between the age of 16 - 17 may enter the Café and participate in the Activity without an accompanied parent or guardian if the parent or guardian of such Minor has read and signed a copy of this Release, and such copy is provided to the Café. In such case, the additional representation and warranty shall be effective: I represent and warrant that I am this Minor’s parent or guardian and consent: (i) to this Release including all disclaimers and obligations; (ii) to such Minor’s participation in the Activity; and (iii) to remain responsible for the Minor’s acts.
I acknowledge and agree that this Release: (a) shall continue in effect throughout and after my participation in the Activity; and (b) is binding on me, my estate, heirs, executors, and administrators. I agree that if any provision of this Release is unenforceable, all remaining provisions of this Release will remain in full force and effect. This Release shall be exclusively governed and construed by the laws of North Carolina without regard to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in North Carolina and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I AM AT LEAST 18 YEARS OF AGE, HAVE READ THIS RELEASE IN ITS ENTIRETY, UNDERSTAND THE CONTENTS HEREOF, AND CERTIFY THAT BY SIGNING THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. PRIOR TO SIGNING THIS RELEASE, I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS RELEASE.