The Scratching Post Cat Lounge WAIVER AND RELEASE OF LIABILITY (Adult or Minor Child)

The Scratching Post

114 E University Ave

Champaign, IL 61820

scratchingpostcu.com

WAIVER AND RELEASE OF LIABILITY (ADULT 18+)

In acknowledging the risk of injury while being in the presence of, and participating in the interaction with, 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 The Scratching Post Cafe LLC, arising out of my participation in the Activity, and do hereby release and forever discharge The Scratching Post Cafe LLC, located at 114 E. University Ave Champaign, IL 61820, their affiliates, 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 The Scratching Post Cafe LLC.

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 ASSOCIATED WITH 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 TEMPERAMENTS. 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 THE SCRATCHING POST CAFE LLC AND EXPOSURE TO TRANSFERABLE INFECTIONS SUCH AS RINGWORM AND CAT BODILY EXCREMENT INCLUDING BUT NOT LIMITED TO 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 further acknowledge that participants in such activities and other persons involved in these activities are not covered under insurance of The Scratching Post Cafe LLC and do not have any right to file a claim against The Scratching Post Cafe LLC’s insurance policy. I freely and voluntarily execute this Release with such knowledge, and assume full and sole responsibility for the risk of death, personal injury and/or property loss arising from or in any way connected with my participation in the activities provided by The Scratching Post Cafe LLC.

I agree to abide by all rules and regulations that The Scratching Post Cafe LLC may impose regarding the cats and/or kittens. I agree to follow all rules and to undertake all activities in a responsible manner. IF I AM UNWILLING OR UNABLE TO FOLLOW ANY RULES, The Scratching Post Cafe LLC WILL TERMINATE MY CONTINUATION OF SUCH ACTIVITIES, AND I WILL NOT BE ENTITLED TO ANY REFUND OF OUR FEES.

Cat Lounge Rules:

Do not pick up the cats
Do not wake a sleeping cat
Do not give human food or drinks to the cats
Treat the cats with respect and kindness
There are no refunds. There are no exceptions. You can change your reservation time through the SimpleTix email you received if it is more than 24 hours from the start of your reservation.
Rules regarding children:
No children under the age of 7 are permitted in the cat lounge
Only two children between the ages of 7-12 are permitted in the lounge at a time.
Children must be accompanied by an adult (18+ who has their own paid reservation) who agrees to monitor their behavior to ensure they also follow all Cat Lounge Rules.
The Scratching Post has a zero tolerance policy for anyone causing distress to our rescue cats.

I acknowledge that playing with cats and/or kittens may not be supervised, and The Scratching Post Cafe LLC staff will not be with me the entire time I am in contact with the cats and/or kittens, but The Scratching Post Cafe LLC staff will remain on the premises to 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 understand that I (as well as my underage guests) may be photographed during my visit. I also agree to and understand that these images may be used for any and all promotional materials, all forms of social media, and printed/posted in the cafe itself.

I agree to indemnify and hold harmless The Scratching Post Cafe LLC against any and all claims, 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 The Scratching Post Cafe LLC incurs any of these types of expenses, I agree to reimburse The Scratching Post Cafe LLC.

I acknowledge that The Scratching Post Cafe LLC 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 The Scratching Post Cafe LLC.

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 THE SCRATCHING POST CAFE, LLC 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 THE SCRATCHING POST CAFE LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of The Scratching Post Cafe LLC, its agents, volunteers and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions that are intentional, neglectful, or reckless.

This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and The Scratching Post Cafe LLC 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 be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined 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.

I affirm that I am of the age of 18 years or older, and that I am freely acknowledging this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract.

WAIVER AND RELEASE OF LIABILITY (MINOR CHILD)

In acknowledging the risk of injury while being in the presence of, and participating in the interaction with, cats (the “Activity”), and as consideration for the right to participate in the Activity, I, as the natural or adoptive parent or court appointed legal guardian of the person under 18 years of age (the “Responsible Minor”), hereby, on behalf of the minor 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 The Scratching Post Cafe LLC, arising out of my participation in the Activity, and do hereby release and forever discharge The Scratching Post Cafe LLC, located at 114 E. University Ave Champaign, IL 61820, their affiliates, 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 The Scratching Post Cafe LLC.

I AGREE THAT THE MINOR WHO’S NAME IS SUBSCRIBED BELOW IS VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND IS PARTICIPATING IN THE ACTIVITY ENTIRELY AT THEIR OWN RISK AND I ASSUME ANY AND ALL RISKS ASSOCIATED WITH THE ACTIVITY FOR SUCH MINORS FOR WHICH I AM RESPONSIBLE. I UNDERSTAND THAT AS PART OF THIS ACTIVITY THEY WILL BE IN THE PRESENCE OF AND INTERACTING WITH CATS OF ALL SIZES, SHAPES AND TEMPERAMENTS. FURTHER, I UNDERSTAND CATS CAN BE UNPREDICTABLE IN NATURE AND MAY BITE, CLAW, OR SCRATCH MY RESPONSIBLE MINORS AT ANY MOMENT. FURTHER, I UNDERSTAND THE RISK ASSOCIATED WITH ALLERGIC REACTIONS TO CAT DANDER WITHIN THE SCRATCHING POST CAFE LLC AND EXPOSURE TO TRANSFERABLE INFECTIONS SUCH AS RINGWORM AND CAT BODILY EXCREMENT INCLUDING BUT NOT LIMITED TO 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 ON BEHALF OF MY RESPONSIBLE MINOR ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY RESPONSIBLE MINOR’S PARTICIPATION IN THIS ACTIVITY.

I further acknowledge that participants in such activities and other persons involved in these activities are not covered under insurance of The Scratching Post Cafe LLC and do not have any right to file a claim against The Scratching Post Cafe LLC’s insurance policy. I freely and voluntarily execute this Release with such knowledge, and assume full and sole responsibility for the risk of death, personal injury and/or property loss arising from or in any way connected with my Responsible Minor’s participation in the activities provided by The Scratching Post Cafe LLC.

I agree to be responsible for my minor’s compliance to all rules and regulations that The Scratching Post Cafe LLC may impose regarding the cats and/or kittens. I agree to follow all rules and to undertake all activities in a responsible manner. IF MY RESPONSIBLE MINOR IS UNWILLING OR UNABLE TO FOLLOW ANY RULES, The Scratching Post Cafe LLC WILL TERMINATE CONTINUATION OF SUCH ACTIVITIES, AND I WILL NOT BE ENTITLED TO ANY REFUND OF OUR FEES.

Cat Lounge Rules:

Do not pick up the cats
Do not wake a sleeping cat
Do not give human food or drinks to the cats
Treat the cats with respect and kindness
There are no refunds. There are no exceptions. You can change your reservation time through the SimpleTix email you received if it is more than 24 hours from the start of your reservation.
Rules regarding children:
No children under the age of 7 are permitted in the cat lounge
Only two children between the ages of 7-12 are permitted in the lounge at a time.
Children must be accompanied by an adult (18+ who has their own paid reservation) who agrees to monitor their behavior and ensue they also follow all Cat Lounge Rules.
The Scratching Post has a zero tolerance policy for anyone causing distress to our rescue cats.

I acknowledge that playing with cats and/or kittens may not be supervised at all times by The Scratching Post LLC personnel, and The Scratching Post Cafe LLC staff will not be with me the entire time I am in contact with the cats and/or kittens, but The Scratching Post Cafe LLC staff will remain on the premises to monitor the activity of all current participants, offer guidance and encouragement, and be available to assist in the event of participant difficulty.

My Responsible Minor has 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 to prevent my Responsible Minor from engaging in any activity that will injure or otherwise hurt the cats and/or kittens in any manner.

I agree, on behalf of myself and my Responsible Minor, to indemnify and hold harmless The Scratching Post Cafe LLC against any and all claims, 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 The Scratching Post Cafe LLC incurs any of these types of expenses, I agree to reimburse The Scratching Post Cafe LLC.

In the event that any damage to equipment or facilities occurs as a result of my, or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions that are intentional, neglectful, or reckless.

I affirm that I am of the age of 18 years or older, and that I am freely acknowledging this agreement on behalf of my Responsible Minor. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract.

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.

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By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

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