WAIVER, RELEASE, HOLD HARMLESS and INDEMNITY AGREEMENT
If you have any questions regarding the terms and conditions of this document, consult independent advice before signing or participating in any of the activities contemplated herein.
THIS AGREEMENT is made by and between Purrfect Pair Cat Cafe, LLC (the “Cafe”) and _____________________________ (“Client”) on the date as shown below.
In consideration of the Cafe allowing Client to interact and play with cats and kittens who are available for adoption (the “Cats”) at the Cafe (collectively, the “Activity”), the Client agrees, understands and acknowledges the following:
1. Client is:
a. At least 18 years of age; or
b. Younger than 18 years of age and accompanied or supervised by a parent/guardian who expressly consents by signing below to the minor’s participation of playing and interacting with the Cats, and agrees that the terms of this Waiver, Release, Hold Harmless, and Indemnity Agreement (the “Agreement”) shall be binding upon the minor and his or her parent or guardian.
2. Client knows and understands that cats, like all animals, can sometimes exhibit unpredictable, and sometimes, aggressive behavior, including, but not limited to, biting and scratching without warning or provocation. The Client knows and understands that the Activity has inherent risks and dangers, including, but not limited to the risk of infection, disease, personal injury to the Client and others, and property damage, and Client wishes to participate with in the Activity with that knowledge and understanding. Client assumes all risks of property loss, damage, and personal injury, disfigurement or death, resulting from or in connection with the Activity. Client, on behalf of himself/herself, and his/her family, heirs, guardians, and legal representatives, accepts and assumes all the risks of injury (including death) to himself/herself or their property. Client further acknowledges that he or she may not be covered under the insurance of the Cafe and that Client may not have any right to file a claim against the Cafe’s insurance policy.
3. Client releases and forever discharges and covenants not to sue the Cafe, The Humane Society of York County, and/or any other organization that may provide cats or kittens to the Cafe, or any of their agents, employees, members, directors, managers, officers, servants, volunteers, subsidiaries, successors and licensors of those persons or entities (collectively “Releasees”) from and against any and all liability, claims, demands, actions, causes of action, costs or expenses of whatever kind or nature including attorneys' fees and expenses, that he/she may have or that may hereafter accrue, arising out of or related to any harm, loss, damage or injury, including but not limited to bodily injury, suffering, death or property loss that may be sustained by Client or his/her heirs or assigns, whether caused by his/her action, negligence or recklessness, or the action, inaction, negligence or recklessness of any of the Releasees or third-parties, or arising from or in connection with the Activity. Client agrees not to institute or assist in the prosecution of any suit, claim for damages, cause of action at law, equity or otherwise against any of the Releasees arising out of any bodily injury, property damage or death Client his/her heirs, executors or administrators may suffer in connection with the Activity.
4. Client agrees to indemnify and hold each of the Releasees harmless from and against: (a) all claims, losses, actions or proceedings of every kind and character that may be presented or initiated against any of the Releasees by any person or entity in relation to Client’s participation in the Activity; and (b) any claim arising from bodily injury or property loss arising from Client’s participation in the Activity.
5. Client agrees to abide by all rules and regulations (the “Rules”) the Cafe may impose in connection with participation in the Activity and it is the Client’s responsibility to review and understand all of the Rules. Client acknowledges that while Client is engaging in the Activity, Cafe staff will be on the premises at all times, but Client’s Activities will not be supervised. Client agrees not to engage in any activity that will injure or otherwise harm the Cats in any manner. Cafe staff may monitor the activity of Client and other participants and offer guidance and encouragement to the Client. IF THE CLIENT FAILS OR REFUSES TO FOLLOW THE RULES, THE CAFE HAS THE RIGHT TO TERMINATE CLIENT’S PARTICIPATION IN THE ACTIVITY AND IMMEDIATELY REMOVE THE CLIENT FROM THE CAFE, AND THE CLIENT WILL NOT RECEIVE ANY REFUND OF FEES PAID TO THE CAFE FOR PARTICIPATION IN THE ACTIVITY.
6. Client acknowledges and agrees that this Release: (a) shall continue in effect throughout and after Client’s participation in the Activity; and (b) is binding on Client, his/her estate, heirs, executors and administrators.
7. Client acknowledges and agrees that this Agreement is intended to be construed and interpreted as broad and inclusive as permitted by the laws of South Carolina. Client further acknowledges and agrees that if any provision of this Release is unenforceable, all remaining provisions of this Release will remain in full force and effect. This Agreement shall be governed by the laws of the State of South Carolina (without regard to the laws that might be applicable under principles of conflicts of law, and without regard to the jurisdiction in which any action or special proceedings may be instituted), as to all matters, including but not limited to matters of jurisdiction, validity, property rights, construction, effect, and performance. All disputes shall be subject to litigation only within the courts of South Carolina.
8. Client acknowledges that he/she is solely responsible for assessing his/her own mental and physical capability to safely participate in the Activity. Client represents and warrants that he/she is physically and mentally fit to participate in the Activity, and that he/she does not have any infirmity or condition, including allergies to cats, that would prevent or adversely affect his/her from safely and appropriately participating in the Activity.
9. By signing below: (a) Client acknowledges that he/she has read all of the provisions above, fully understands those terms and conditions and has freely accepted all of those provisions, including but not limited to those relating to assumption of risk, release of liability, covenant not to sue, indemnity and continuation of obligations; and (b) if Client is a minor, his/her parent or guardian consents to Client’s participation in the Activity, and agrees that all terms of this Release shall be binding upon the parent or guardian in all respects. If Client is a minor, his/parent or guardian shall supervise the activities of the Client at all times while at the Cafe.
BY EXECUTING THIS AGREEMENT, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND THE CONTENTS HEREOF, HAVE BEEN ADVISED AND HAD THE OPPORTUNITY TO SEEK INDEPENDENT COUNSEL OF MY CHOICE AND CERTIFY THAT I HAVE FREELY AND VOLUNTARILY EXECUTED THIS AGREEMENT. I FURTHER ACKNOWLEDGE THAT, BUT FOR THE EXECUTION OF THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS HEREOF, PURRFECT PAIR CAT CAFE WOULD NOT AUTHORIZE ME TO PARTICIPATE IN THE ACTIVITES AT THE PURRFECT PAIR CAT CAFE.