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.
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, as the registrant, agree to follow our “house rules” with respect to interacting with kittens, including 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.
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.
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.
18. COVID-19 Warning
COVID-19 is an extremely contagious disease that can lead to severe illness and death. While we have taken enhanced safety and sanitation measures to keep you safe, there is an inherent risk of exposure to COVID-19 in any public place where people are present. According to the Center for Disease Control and Prevention, senior citizens and persons with underlying medical conditions are especially vulnerable. By choosing to enter the facility, you voluntarily assume all risks related to COVID-19.
Whereas, Mini Cat Town, Inc., a California nonprofit corporation located at 2200 Eastridge Loop, STE 1076, San Jose, CA 95122 (hereinafter, “Mini Cat Town”) will be reopening under revised health protocols in accordance to CDC, WHO, OSHA, state, and local county recommendations.
Whereas, outlined below is the Action Plan set forth to mitigate the risk of a COVID-19 contamination within 2200 Eastridge Loop, STE 1076, San Jose, CA 95122 (hereinafter the “Facility” or “Premises”). By checking the below box & completing your online registration, you acknowledge that you have read and agree to abide by our Action Plan described below, effective as of 7/1/2020 (“Effective Date”):
1. Check In Procedures:
a) If you enter the premises as of the Effective Date, you agree that you are fully capable of understanding and agreeing to follow social distancing procedures as well as the guidelines by WHO, the CDC, and Santa Clara County regarding prevention of transmission of Covid-19. If you are a parent of a minor entering the Premises as of the Effective Date, you herein agree that your minor is fully capable of understanding and agreeing to follow social distancing procedures as well as the guidelines by WHO, the CDC, and Santa Clara County regarding prevention of transmission of Covid-19. If you or your minor are not capable of understanding and agreeing to follow social distancing procedures as well as the guidelines by WHO, the CDC, and Santa Clara County regarding prevention of transmission of Covid-19, you must not enter the Premises at this time.
b) Cash payments will not be taken until further notice. Visitors may pay using a credit/debit card or wirelessly with Apple/Google Pay.
c) All visitors will be screened prior to entry using a temperature gun. Admitted visitors to the premises must not be feverish (100℉ or over), and must be asymptomatic of symptoms such as coughing, chronic sneezing, or other visibly sick appearance. Visitors that have a fever or a temperature over 98.6℉ or a visibly sick appearance shall not be admitted to the premises.
d) ALL visitors must wear a mask at all times, excluding children under 2 years old. No gloves will be allowed by visitors. Shoe covers will be provided, and will be single use, disposable covers.
e) Only 10 visitors will be allowed in at one time. All visitors must sanitize prior to entry. Visitors must also sign the waiver online at MiniCatTown.org upon signing up for a time slot to visit the Premises. Patrons who have not pre-signed before arrival to the premises can scan the QR code displayed on the iPads to immediately bring up the waivers and e-sign in a contactless manner before entering the Premises. Once payment is taken, visitors will be assigned a group number correlated to a particular “space” within the premises. Each space will be marked out to match the group number and visitors must stay in their designated space to maintain social distancing. Each space shall be six feet apart per the recommendations.
f) There will no longer be “All Day Passes” or “One Hour Passes”. We will only offer the “30 Minute Pass” to keep from crowding the space. Mini Cat Town will continue to operate on a walk-in basis for day use and an appointment base system for approved applicants.
2. Check Out Procedures:
a) Sanitize again prior to leaving.
b) Dispose of shoe covers in a trash can.
c) Allow for 5 minutes between different groups to maintain social distancing while going in and out.
a) No food OR drinks will be allowed in the space.
b) Masks may not be removed for photos or for any reason.
c) Sanitizer will be available throughout the floor and in each of the spaces marked for visitors. Each area shall be sanitized between visitor groups.
d) Diagrams will be put up with directions on how to wear a mask correctly. You must wear a mask at all times while on or in the Premises.
e) Full sanitizing of the facility will occur twice daily (spraying down with disinfectant, sweeping, and mopping): 11 AM and 6 PM.
f) In between groups, there will be spot cleaning of each guests’ space. We encourage you to use our disinfectant to spray anything that you touched, and wipe down the seating areas/common touch area that you might have come into contact with. Our trained volunteers will either supervise you and/or assist with this task, provided that six-feet distance can be maintained. For your safety and the safety of others who visit our Premises, however, we appreciate your help in wiping down anything that you or your minors touched prior to leaving the Premises.
g) There will be command hooks for visitors to hang their things inside. We will not hold any personal belongings. Command hooks shall be disinfected between visiting groups.
4. Personal Hygiene and Personal Protective Equipment (PPE):
a) Visitors shall follow public health agency guidelines. This includes but is not limited to: washing hands regularly and thoroughly, not touching your face, no physical greetings with any person on the Premises, using and properly disposing of single-use gloves, and sanitizing frequently and before you leave the Premises, cleaning/sanitizing anything you touched.
b) Gloves and masks will not be provided for visitors. Visitors must bring their own masks. Gloves may be provided by us as requested by the visitor. Gloves are single-use only and should be disposed of after the single use.
c) Masks should fully cover your nose and mouth, and not have the valves on the side. The valves protect you but not others in the event of coughing or sneezing.
5. Response to Infection:
a) In the event you test positive for COVID-19 or experience Covid-19 or flu-like symptoms, you must contact us immediately.
b) We will backtrack and contact all other persons who were in contact with the positive visitor to notify them immediately of exposure. We will not disclose the identity of the infected visitor.
We want to assure everyone that the safety of our visitors will be highly prioritized. Thank you for continuing to visit during this time, we want to extend our deepest gratitude to the supportive community of Mini Cat Town, Inc.!
Electronic Signature and Acknowledgement
Enter the date and your full name to acknowledge your electronic signature of this document.
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