In consideration of being permitted by 7 Acres Properties, LLC d/b/a Daily Mews (“Daily Mews”) to participate and frequent its cat café and cat lounge, I, my assigns, minor children, and heirs (“Releasors”) agree that:
- Releasors understand the nature of interacting with cats and kittens involves certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the services provided by the Daily Mews, and that I and all minor participant(s) of which I am exerting control over as the parent/legal guardian understand the nature of the risks associated with interacting with cats and kittens.
- Interacting with cats and kittens at the Daily Mews exposes Releasors to the usual risk of bites, scratches, cuts, and bruises. Other more serious risks exist as well. These risks include, but are not limited to, the following (collectively referred to as “Risks”): permanent disability, paralysis, death, dangers associated with exposure to certain feline-based diseases or infections; dangers associated with interacting with cats or kittens, such as being bitten or scratched, resulting in bodily injury and any resulting infection it may cause; dangers arising from cat or kitten enclosure failure or malfunction and potential misjudgment by staff.
- The Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of Releasors, agents of Daily Mews, or other individuals who frequent Daily Mews. There may be other risks and economic losses either not known to me or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my interaction with cats and kittens at Daily Mews.
- My participation and/or that of minor participant(s) of which I am exerting control over as the parent/legal guardian is purely voluntary, and Releasors elect to interact with cats and kittens in spite of the Risks. Participation is solely at Releasors own risk and Releasors assume responsibility for any injuries or damages.
- I give my consent and permission to Daily Mews to use my name, likeness, image, voice, and/or appearance as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like, taken or made on behalf of Daily Mews. I agree that Daily Mews has complete ownership of such pictures, etc., including the entire copyright, and may use them for any purpose consistent with the Daily Mews missions. These uses include, but are not limited to illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the Internet. I acknowledge that I will not receive any compensation, etc. for the use of such pictures, etc., and hereby release Daily Mews and its agents and assigns from any and all claims which arise out of or are in any way connected with such use.
- I release, forever discharge, and covenant not to sue Daily Mews regarding all liability, claims, demands, losses, causes of action, or damages which are in any way connected with my interactions with cats or kittens at Daily Mews or my use of Daily Mews’ facilities, including any such claims which caused or alleged to be caused in whole or in part by negligent acts or omissions on my account, or that of the Daily Mews or otherwise. I further agree that if, despite this release and waiver of liability agreement, I, or anyone on my behalf or over which I am acting as parent/legal guardian, makes a claim against Daily Mews, I will indemnify, save, and hold harmless Daily Mews from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such a claim.
- If one of the Releasors accompanying me or over which I am acting as a parent/legal guardian is a minor, I agree that this agreement is made on behalf of that minor participant and that all of the releases, waivers, and promises herein are binding on that minor participant to this agreement. I further agree to defend, indemnify and hold harmless Daily Mews from any and all claims or suits for personal injury, property damage or otherwise which are brought by, or on behalf of the minor, and which are in any way connected with such participation by the minor, including injuries or damages caused by the negligence of Daily Mews.
- I have adequate insurance to cover any injury or damage that I may cause or suffer while interacting with cats or kittens at Daily Mews, or else I agree to bear the costs of such injury or damage myself. I am willing to assume the risk of any medical or physical condition that I may have.
- This agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements or understandings between the parties hereto relating to the subject matter hereof. This agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of North Carolina. This agreement cannot be altered or amended in any manner except pursuant to an instrument in writing signed by all of the parties hereto. This agreement may be executed in one or more counterparts or electronically, and shall be deemed to be an original.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT, HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY; I UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING MY PARTICIPATION IN DAILY MEWS’ ACTIVITIES, I MAY BE FOUND IN A COURT OF LAW TO HAVE WAIVED MY AND ANY MINOR PARTICIPANT’S RIGHT TO MAINTAIN A LAWSUIT AGAINST DAILY MEWS ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED THEM HEREIN AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
Today's Date: February 22, 2019