Release of Liability, Assumption of Risk, Waiver of Claims and Indemnification Agreement
By checking the below box & completing your online registration, you, as the Registrant, acknowledge that you have read and agree to abide by Mini Cat Town, Inc.’s (“Company” or “us”) Terms & Conditions listed below including:
1. Release from Liability. Registrant, for his/her heirs, assigns, successors, executors, and administrators (collectively, the “Releasing Parties”), hereby fully releases, indemnifies and holds Company, along with its affiliates, predecessors, successors, parents, subsidiaries, representatives, consultants, contractors, Registrants, directors, officers, clients, assigns, and/or agents (collectively, the “Released Parties”) harmless, forever and unconditionally, from any claim, loss, cost, injury, or damage (including without limitation attorneys’ fees and related costs), in law or equity, known or unknown, existing or claimed to exist (each, a “Claim”) that arises out of or relates to any injury (including without limitation death), accident, loss, and/or other damage that Registrant and/or Registrant’s property may suffer while participating in any Company activity or event at its facility.
2. Acknowledgement and Assumption of Risk. Registrant understands that playing with kittens at our facility may involve some risk of personal injury from time to time. Registrant understands that s/he is voluntarily engaging in any such activities and/or use, some of which may be considered hazardous, and that s/he assumes full responsibility for any loss, property damage or personal injury, including death, that s/he or his/her property may sustain as a result thereof, whether caused by the negligence of any of the Released Parties or otherwise, including without limitation as a result of negligent rescue operations. Registrant hereby represents and warrants that, to the best of his/her actual or constructive knowledge, there is no reason, medical or otherwise, that would make any such participation or use unusually hazardous for him/her personally.
3. Medical Treatment. In the event of an emergency, Registrant hereby authorizes Company to secure from any licensed hospital, physician, or licensed medical personnel any treatment deemed reasonable and necessary for Registrant’s immediate care. Registrant agrees that s/he will be responsible for payment of any and all medical services rendered.
4. Covenant Not To Sue. Registrant agrees, for himself or herself, and all of his or her heirs, assigns, personal and legal representatives, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which Registrant or his or her heirs or legal representatives may have as a result of any personal injury, death or property damage that the Registrant may sustain while participating in any Company-sanctioned activity or event, whether at our facility or not.
5. Indemnification. Registrant hereby agrees to defend, indemnify and hold harmless the Released Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of Registrant’s involvement or participation in any Company activity and/or use of or visit to any of Company equipment or facility.
6. Use of Your Image and Likeness. The Company may photograph, videotape and otherwise record events, and use the resulting footage for promotional purposes. You, the Registrant, acknowledge and agree that such you hereby grants the Company the exclusive, perpetual, worldwide, irrevocable, royalty free right and permission to use, distribute, publish, exhibit, digitize, broadcast, display, reproduce, and otherwise use such your name, image, likeness, voice and biography (or any copyrighted material or trademarks owned and displayed by such Registrant) in any manner or media whatsoever (whether now known or hereafter known) including without limitation for the purposes of advertising or trade in promoting and publicizing our events, company, and/or our products and services in our marketing materials.
7. Right to Refuse. We reserve the right to refuse entry to our facility or at our events to anyone, at any time, and for any reason. We always reserve the right to ask you to leave our facility or events at any time, for any reason and may, at our discretion, refund you the cost of your entrance fee, minus any expenses or processing fees.
8. Your Personal Information. You, as the Registrant, shall provide us with accurate, complete and current information about you, including your name and email address, during registration to enter our facility. You also grant us permission to use your personal information to contact you about future events at our facility and for our marketing purposes, generally. We will not sell your personal information to third parties.
9. No Refunds. You, as the Registrant, agree that all entrance fee sales and product sales are final and NO REFUNDS will be offered for any reason or at any time. You agree to resolve any disputes over payments that are made by you directly contacting the third party payment provider and that you will be responsible for any chargeback or bank reversal fees.
10. House Rules: You agree to follow our “house rules” with respect to interacting with kittens, including the following:
a. You, as the registrant, agree to the following.
i. You will be respectful to all kittens, volunteers, and personnel during your visit.
ii. You will not physically or verbally abuse any kittens at Mini Cat Town.
iii. If a kitten is sleeping, do not wake them up.
iv. You will handle kittens with great care. This means sitting while holding them and placing them gently on the ground when you are done.
v. If a kitten does not want to be held, you will not restrain them.
vi. You agree to move through the space slowly and be careful not to step on or kick kittens.
vii. You agree not to run or roughhouse during your visit.
viii. Parents must watch their children at all times.
ix. You agree not to remove kittens from the adoption floor for any reason other than adoption that has been approved by Mini Cat Town.
x. You agree to act in the best interest of the kittens at all times.
xi. If you see a kitten in distress, you shall notify a staff member or volunteer immediately.
xii. You, as the Registrant, agree that you will not consume alcohol at our facility.
xiii. You agree not to bring outside pets into the space. They are not allowed.
11. Binding Effect. It is the Registrant's express intent that this Release bind Registrant’s family members, spouse, heirs, assigns, personal representatives, and anyone else entitled to act on Registrant’s behalf to the extent that any such individual is actually acting on the Registrant’s behalf. This Release is deemed as a release, waiver, discharge and covenant not to sue the Released Parties.
12. Governing Law. Registrant covenants and agrees that this Release shall be construed in accordance with the laws of the State of California.
13. Dispute Resolution. Any and all matters of dispute between the parties to this Release, whether arising from or related to the Release itself or arising from alleged extra-contractual facts prior to, during, or subsequent to the Release, including, without limitation, fraud, misrepresentation, negligence, or any other alleged tort, shall be decided by arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association currently in effect and in accordance with Title 9 of the United States Code, unless the Parties expressly agree otherwise in writing.
a. Notice of the demand for arbitration must be provided, in writing, to the other Party and must be made within thirty (30) days after the dispute has arisen, as time is of the essence. All statutes of limitation, which would otherwise be applicable in a judicial action brought by a Party, will apply to any arbitration or reference proceeding hereunder.
b. The arbitration will be decided by a panel of three (3) arbitrators selected under the Commercial Arbitration Rules of the American Arbitration Association. Arbitration will be initiated and conducted in city in which the Company is headquartered, or another location subsequently chosen at the Company’s sole discretion.
c. Said arbitration will occur within thirty (30) consecutive days after the Party demanding arbitration delivers the written demand on the other Party, unless the Parties mutually agree otherwise in writing.
d. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of California.
e. The award rendered by the arbitrators will be in writing with written findings of fact and shall be final and binding on all Parties, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
f. Except by written consent of the Parties, no arbitration arising out of or relating to this Release or the parties’ dealings may include, by consolidation, joinder or in any other manner, any person or entity not a Party to the Release under which such arbitration arises. The arbitration provision in this Release herein among the Parties will be specifically enforceable under applicable law in any court having jurisdiction thereof. Neither Party will appeal such award nor seek review, modification, or vacation of such award in any court or regulatory agency.
g. "Costs and Fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses (such as copying and telephone), court costs, witness fees and attorneys' fees. Each party shall bear its own Costs and Fees relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Release.
14. Severability. Any portion of this Release deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining portions hereof and/or this Release as a whole to the full extent authorized by law.
15. Waiver. No waiver of any term or right in this Release shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this Release shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Release thereafter.
16. Registrant Acknowledgement. Registrant acknowledges and agrees that the Registrant has read and fully understands this Release, has had the opportunity to negotiate its terms, and understands that the Registrant has given up substantial rights by signing it. Registrant acknowledges and agrees that he/she has been advised by Company to consult with attorneys concerning the terms hereof. Registrant certifies that he/she has reached the age of majority, has signed under his/her own free will, and is not suffering under any legal duress (including without limitation undue influence or coercion to sign) or other disabilities. Registrant acknowledges that he/she has twenty-one (21) days to consider the terms hereof, and acknowledges that in the event that he/she executes this Release prior to the expiration of this term, the balance thereof is waived. Additionally, Registrant understands that he/she has seven (7) days following his execution of this Release to revoke it in its entirety, and therefore, the terms of this Release shall not become effective until such period has transpired. Registrant understands that this signed Release will be retained in his Registrant personnel file by Company.
17. Entire Agreement; Modification. This Release is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
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