Cat Lounge Martinez - Senior Cat Living
Waiver Release Form
I hereby certify that I am over eighteen (18) years of age, and I am of sound mind at the time of the execution of this Waiver, Release, Hold Harmless, and Indemnification Agreement (hereinafter “Release”) and agree to the terms set forth below.
The Cat Lounge Martinez provides cat-related activities, including playing with certain cats and/or kittens, to customers at its store in Martinez, CA (“Premises”). In consideration of allowing me to participate in the activities, including playing with the cats and/or kittens, I agree to be bound by the terms of the waiver and release set forth herein.
I am aware of, and fully understand, the inherent dangers involved in playing with cats and/or kittens, including the risk of damage, personal injury and death to myself, other persons, my property, and/or the property of others. I further acknowledge that I will be participating in the activities in an indoor environment at the Premises. Participation at the Premises potentially exposes me to illness from infectious diseases, and the risk of serious illness and death from these infectious diseases do exist. I knowingly and freely assume all such risks, injury, harm and loss related to the cat-related activities, including illness and infectious diseases, even if arising from the negligence or fault of Cat Lounge Martinez, its staff, or any related entity.
I knowingly, freely, and voluntarily execute this Release with such knowledge and assume full and sole responsibility for the risk of damage, death, personal injury and/or property loss arising from or in any way connected with my participation in the activities provided by Cat Lounge Martinez, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of Cat Lounge Martinez.
I further acknowledge that participants in such activities, including but not limited to other customers, staff, and other persons involved in these activities, may not be covered under insurance of Cat Lounge Martinez and that customers of Cat Lounge Martinez may not have any right to file a claim against Cat lounge Martinez insurance policy.
I acknowledge that playing with cats and/or kittens may not be supervised, and Cat lounge Martinez staff may not be with me for the duration that I am in contact with the cats and/or kittens. Cat Lounge Martinez staff will remain on the Premises to periodically monitor the activity of all current participants, offer guidance and encouragement, and be available to assist in the event of participant difficulty.
I have no physical or emotional issue(s), including, but not limited to, any allergies, which would adversely affect my ability to play with the cats and/or kittens in a safe and appropriate manner.
I agree not to engage in any activity that will injure or otherwise hurt the cats and/or kittens in any manner.
I hereby release and forever discharge Cat Lounge Martinez, their respective agents, owners, employees, and independent contractors, and their respective sureties, insurers, successors, assigns, and legal representatives (“Indemnified Parties”), from any liability, claim, cause of action, demand and damages for injury, death or damages of any kind or nature whatsoever to myself or my property as a result of my engaging in any activities at Cat Lounge Martinez, including, but not limited to, playing with the cats and/or kittens, whether such injury, death, or property damage is caused by the intentional or negligent act or omission on the part of (i) any other customer of Cat Lounge Martinez, (ii) any employee, agent, owners, or independent contractor of Cat Lounge Martinez, or (iii) any other person at Cat Lounge Martinez. Furthermore, I agree to pay any and all attorneys’ fees and costs of Cat Lounge Martinez and any of their respective agents, employees, owners, and independent contractors if I bring any action, claim, or demand against Cat Lounge Martinez, or any of their respective agents, employees, owners, and independent contractors for any reason for which this Release applies.
I agree to defend with counsel chosen by the Indemnified Party, indemnify, and hold harmless Cat Lounge Martinez, their respective agents, employees, owners, and independent contractors, their sureties, insurers, successors, assigns, and legal representatives from any liability, claim, cause of action, demand or damages for injury, death or damages of any kind or nature whatsoever to any person or their property resulting from any actual or claimed intentional or wrongful act or omission by me arising from or as a result of my presence at Cat Lounge Martinez or my participation in any activities at Cat Lounge Martinez. I agree to provide said defense and indemnity regardless of the merit of the claim.
I agree to and hereby bind my heirs, executors, assigns and all other legal representatives by executing this Release.
I hereby acknowledge and agree that this Release is intended to be construed and interpreted as broad and inclusive as permitted by the laws of the State of California. If any portion of this Release is found or declared to be invalid or unenforceable, such invalidity shall not affect the remainder of this Release not found to be invalid and the remainder of this release shall remain in full force and effect. This Agreement shall be governed by the laws of the State of California (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 the State of California, and I hereby submit to the jurisdiction of the aforementioned court.
BY EXECUTING THIS RELEASE, I ACKNOWLEDGE THAT I HAVE READ THIS RELEASE, 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 RELEASE. I ACKNOWLEDGE THAT, BUT FOR THE EXECUTION OF THIS RELEASE AND AGREEING TO BE BOUND BY THE TERMS HEREOF, CAT LOUNGE MARTINEZ WOULD NOT AUTHORIZE ME TO PARTICIPATE IN ANY ACTIVITIES AT PCAT LOUNGE MARTINEZ.