PURRADISE CITY WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in being in the presence of and interactionwith cats (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever, including but not limited to, claims of negligence on the part of Purradise City, arising out of my participation in the Activity, and do hereby release and forever discharge Purradise City, located at 1333 S. Railroad Avenue, Chipley, FL 32428, thei raffiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, partner rescues, and partner shelters, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity or any events or activities conducted on the Location of, or for the benefit of Purradise City.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK AND I ASSUME ANY AND ALL RISKS ASSOCIATEDWITH THE ACTIVITY FOR MYSELF AND MINORS FOR WHICH I AM RESPONSIBLE, IF ANY. I UNDERSTAND THAT AS PART OF THIS ACTIVITY I WILL BE IN THE PRESENCE OF AND INTERACTING WITH CATS OF ALL SIZES, SHAPES AND TEMPERMENTS. FURTHER, I UNDERSTAND CATS CAN BE UNPREDICTABLE IN NATURE AND MAY BITE, CLAW, OR SCRATCH ME OR MY RESPONSIBLE MINORS AT ANY MOMENT. FURTHER, I UNDERSTAND THE RISK ASSOCIATED WITH ALLERGIC REACTIONS TO CAT DANDER WITHIN PURRADISE CITY AND EXPOSURE TO TRANSFERABLE INFECTIONS SUCH AS RINGWORM AND CAT BODILY EXCREMENT INCLUDING BUT NOT LIMITEDTO URINE, FECES, VOMIT, AND BLOOD. I AM ALSO AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS NEGLIGENCE, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I agree to indemnify and hold harmless Purradise City and it’s rescue partners against any and allclaims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Purradise City incurs any of these types of expenses, I agree to reimburse Purradise City.I acknowledge that Purradise City and their directors, officers, volunteers, partner shelters, partner rescues, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Purradise City.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE J&M Evans LLC, DBA Purradise City AND ALL OF ITS AFFILIATES, MANAGERS,MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PARTNER RESCUES AND PARTNER SHELTERS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST PURRADISE CITY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is alsofor negligence on the part of Purradise City, its agents, volunteers and employees.In the event that I should require medical care or treatment, I agree to be financially responsible forany costs incurred as a result of such treatment. I am aware and understand that I should carry myown health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s willfulactions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This Agreement was entered into at arm’s-length, without duress or coercion, and is to beinterpreted as an agreement between two parties of equal bargaining strength. Both the Participantand Purradise City agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to beseverable or invalid, or if any term, condition, phrase or portion of this agreement shall bedetermined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable,but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.