AGREEMENT In consideration of your voluntary participation at Sip & Purr Cat Café, you understand that you are being asked to carefully read each of the following paragraphs. You should also understand that if you wish to negotiate any of the terms contained in this Agreement, or if you cannot agree to specific terms, you may contact a manager at Sip & Purr. However, the terms of this Agreement constitute the entire agreement and understanding between you and Sip & Purr. No provision or term of this Agreement may be modified or waived, except in writing, signed by the manager at Sip & Purr, prior to your participation at Sip & Purr. This is a legally binding document.
In exchange for Sip & Purr allowing you, your minor child(ren), and any parties under your care, guardianship, or supervision (collectively, "you"), to enter our premises to interact with the animals, and for other good and valuable consideration, you agree to follow and enforce all rules, and abide by the terms of this agreement.
Who is covered by this Agreement? The terms of this Agreement apply to Sip & Purr, its employees, owners, lenders, agents, independent contractors, sureties, insurers, successors, assigns, and legal representatives (collectively, "Sip & Purr"). This Agreement is binding on you, your heirs, personal representatives, successors, and assigns (collectively, "You").
Why am I signing this? There are certain risks and dangers involved any time you interact with an animal. While Sip & Purr Cat Café makes reasonable efforts to ensure that our cats interact safely with customers, you should be aware of some of the risks inherent in interacting with cats. Sip & Purr cannot control a cat's natural instinct to protect itself or express displeasure. Cats have sharp teeth and claws, which naturally carry a lot of bacteria. Bites, scratches, and puncture wounds can lead to severe skin infections, and on rare occasions, can be deadly. Cats may occasionally have zoonotic diseases (diseases that can spread from animals to humans), that can result in bacterial, parasitic, fungal, protozoal, and viral infections. Remember, infections can spread very fast, so it is crucial to thoroughly clean any wound immediately, apply antibiotics, and consult with a doctor as soon as possible.
Allergies: Some people are allergic to cats. By attending Sip & Purr, you assume the risk of any allergic reaction. By interacting with cats at Sip & Purr, you are representing that you have no allergies, or that your allergies are fully under your control, and that you have appropriate medications on hand. Sip & Purr is not qualified to provide emergency services to anybody suffering from an allergic reaction. Be sure to wash and sanitize your hands after playing with cats to avoid the spread of bacteria or viruses.
Abide By All Rules: You agree to abide by all rules that Sip & Purr may impose regarding the animals. You agree to undertake all activities in a responsible manner, and to ensure that those with you and under your control, guardianship, or supervision, also behave responsibly and follow the rules. If you are unwilling or unable to do so, your stay may be unilaterally terminated by Sip & Purr's employees or management. You will not be entitled to any refunds.
Treatment of Animals: Cats, like most living beings, react to certain stimuli by trying to protect themselves. Respect that. Do not hit, pinch, scare, or otherwise harass any animals. Do not pick up the cats without permission. You will be asked to leave immediately if you fail to comply with this rule ("Golden Rule"). It is possible that Sip & Purr's staff will not supervise you the entire time that you are interacting with the cats. Sip & Purr's staff will remain on premises to monitor the activity of all participants, offer guidance, and encouragement. If you require assistance, you should notify Sip & Purr's staff.
Consent for Emergency Treatment: If you suffer a bite, scratch, or puncture wound from one of the cats at Sip & Purr, you should immediately thoroughly clean the wound. You should see a doctor right away for appropriate treatment. If you, or anybody in your party, suffers an allergic reaction or other injury, Sip & Purr reserves the right to call for emergency services. You are solely responsible for all expenses incurred on your behalf, on behalf of your minor children, or others in your care, guardianship, or supervision. You hereby accept full liability for all costs associated with such a call, including transportation, treatment, and recovery.
Representations: Sip & Purr makes no representations as to the health, well-being, disposition, or behavior of any of its cats. As such, you should always remember that cats, like humans, have personalities and health histories that can vary widely. If you are ever concerned about a cat's temperament, personality, or health, you agree to notify Sip & Purr's staff immediately. When in doubt, select another cat to interact with.
Media: Sip & Purr occasionally takes photos for promotional or other purposes. You authorize Sip & Purr to take pictures of you, your child(ren), and those under your care, guardianship, or supervision. You hereby authorize and grant permission to Sip & Purr, and any of its authorized agents, to use those photographic images for any electronic or nonelectronic form or media. You agree that your image may be reproduced, edited, and used in whole, or in part, for any and all media, including, without limitation, print, audio-visual, multimedia, and/or exhibition purposes. You authorize Sip & Purr to use your image in any commercial manner, in perpetuity. You understand and agree that you have no rights to any benefits derived from any such image.
This Legal Stuff is important, so be sure to read it all carefully. By signing this Agreement, you are agreeing to give up certain important rights. These rights include the right to sue Sip & Purr in state or federal court on your own behalf, as well as on behalf of your minor children, and any person under your care, supervision, or guardianship. The duties described below apply to acts of ordinary negligence and omissions to act by Sip & Purr.
Indemnification is a type of agreement wherein one party agrees to not hold another party liable for legal causes of action in the future. It is a legal word for shifting the costs of an injury, death, or property damage from the indemnitee (Sip & Purr) to the indemnitor (you). You hereby agree to indemnify Sip & Purr for any injury, loss, or expense that arises, directly or indirectly, as a result of you interacting with animals at Sip & Purr, including death or permanent injury. You are representing that you are authorized by familial status, law, or otherwise, to indemnify Sip & Purr, on behalf of your child(ren), and anybody under your care, guardianship, or supervision, for any injury, loss, or expense incurred, that arises as a result of interacting with the animals at Sip & Purr, including death or permanent injury.
Waiver and Release of Liability: You agree to release, waive, and discharge Sip & Purr from any liability for any injury directly, or indirectly, incurred from interacting with our animals, including death or permanent injury. You acknowledge that any injury resulting directly or indirectly from interacting with our animals may not be covered by Sip & Purr's insurance policy. Therefore, you agree to release Sip & Purr, and its insurer, from liability for any claim resulting directly or indirectly from interacting with our animals, to the greatest extent allowed under Wisconsin law.
Assumption of Risks: You assume all risks associated with interacting with our animals. You agree to be solely liable for any injury, property damage, including death or permanent injury to you, your minor children, and anybody under your care, guardianship, or supervision.
Jurisdiction: This Agreement is made pursuant to, and shall be construed according to, the laws of the State of Wisconsin.
Arbitration: Any controversy or claim arising out of, or relating to this Agreement, or a breach of this Agreement, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Milwaukee is the only venue permitted for resolving any dispute, and all jurisdictional claims to the contrary are hereby waived. Judgment on the award rendered by the arbitrator(s) shall be entered in the circuit court of Milwaukee, Wisconsin. You hereby waive your right to object to arbitration.
Severability: If any clause or statement in this Agreement is found to be invalid, that clause or statement shall be void, but the remainder of the Agreement shall remain binding and in full effect.
Dated: December 10, 2019