Meows Corner Waiver
If you have any questions regarding the terms and conditions of this document (“Waiver”), consult a lawyer before signing it or participating in any of the activities contemplated here.
WHEREAS Meows Corner, LLC (“Café”) has available certain cats and/or kittens to be played with patrons of the Café at 21435 Epicerie Plaza, Sterling, VA 20164 (“Activity”); and
WHEREAS, the undersigned (“Client”) wishes to take part in the Activity in the Café;
NOW THEREFORE, in consideration of the Café allowing me or my accompanying minor, to interact and play with cats and kittens, Client agrees:
1. Client is: (a) at least 18 years of age; or (b) younger than 18 years of age and accompanied or supervised by a parent/guardian who expressly consents by signing below to the minor’s participation in the Activity, and agrees that the terms of this Waiver (“Release”) shall be binding upon the minor and his/her parent or guardian.
2. Client acknowledges that he/she is solely responsible for assessing his/her own mental and physical capability to safely participate in the Activity. Client acknowledges that he/she has no physical or emotional issue(s), including, but not limited to, any allergies, which would adversely affect his/her ability to play with the cats and/or kittens in a safe and appropriate manner. Client agrees not to engage in any activity that will injure or otherwise hurt the cats and/or kittens in any manner.
3. Client knows and understands that the Activity has inherent risks and dangers, including, but not limited to the risk of infection, disease, personal injury to the Client and others, and property damage, and Client wishes to participate in the Activity with that knowledge and understanding. Client assumes all risks of property loss, damage, and personal injury, disfigurement or death, resulting from or in connection with the Activity. Client, on behalf of himself/herself, and his/her family, heirs, guardians, and legal representatives, accepts and assumes all the risks of injury (including death) to himself/herself or their property.
4. Client acknowledges that the Café staff will not monitor or assist with his/her interaction with the cats, but instead will remain available to generally monitor the activities and the activities of other participants. Staff will be available to generally assist or encourage interaction. The Café makes no guarantees about any level of monitoring or control of the cats.
5. Client releases and forever discharges and covenants not to sue the Café or any of its agents, employees, members, directors, managers, officers, volunteers, subsidiaries, successors and licensors of those persons or entities (collectively “Released Party”) from and against any and all liability, claims, demands, actions, causes of action, costs or expenses of whatever kind or nature including attorneys' fees and expenses, that he/she may have or that may hereafter accrue, arising out of or related to any harm, loss, damage or injury, including but not limited to bodily injury, suffering, death or property loss that may be sustained by Client or his/her heirs or assigns, whether caused by his/her action, negligence or recklessness, or the action, inaction, negligence or recklessness of any of the Released Party or third-parties, or arising from or in connection with the Activity. Client agrees not to institute or assist in the prosecution of any suit, claim for damages, cause of action at law, equity or otherwise against any of the Released Party arising out of any bodily injury, property damage or death Client his/her heirs, executors or administrators may suffer in connection with the Activity.
6. Client agrees to indemnify and hold the Released Party harmless from and against: (a) all claims, losses, actions or proceedings of every kind and character that may be presented or initiated against any of the Releasees by any person or entity in relation to Client’s participation in the Activity; and (b) any claim arising from bodily injury or property loss arising from Client’s participation in the Activity.
7. Client agrees to abide by all rules and regulations (the “Rules”) the Café may impose in connection with participation in the Activity and it is the Client’s responsibility to review and understand all of the Rules. Client acknowledges that while Client is engaging in the Activity, Café staff will be on the premises at all times, but Client’s Activities will not be supervised. Client agrees not to engage in any activity that will injure or otherwise harm the Cats in any manner. Café staff may monitor the activity of Client and other participants and offer guidance and encouragement to the Client. If the Client fails to follow the Rules, the Café has the right to terminate Client’s participation in the Activity and remove the Client from the Café, and the Client will not receive any refund of fees paid to the Café for participation in the Activity.
8. Client acknowledges and agrees that this Waiver: (a) shall continue in effect throughout and after Client’s participation in the Activity; and (b) is binding on Client, his/her estate, heirs, executors and administrators. Client further acknowledges and agrees that if any provision of this Release is unenforceable, all remaining provisions of this Release will remain in full force and effect.
9. Client authorizes the Released Party to administer first aid for injuries he/she may incur while participating in an activity. Client further authorizes Released Party to arrange for his/her ambulance transportation to a hospital at his/her or a parent’s/guardian’s expense in the event of his/her incapacitation as a result of injury, at his/her own expense. Released Party makes no guarantee or promise to administer first aid.
10. By signing below: (a) Client acknowledges that he/she has read all of the provisions above, fully understands those terms and conditions and has freely accepted all of those provisions, including but not limited to those relating to assumption of risk, release of liability, covenant not to sue, indemnity and continuation of obligations; and (b) if Client is a minor, his/her parent or guardian consents to Client’s participation in the Activity, and agrees that all terms of this Release shall be binding upon the parent or guardian in all respects. If Client is a minor, his/parent or guardian shall supervise the activities of the Client at all times while at the Café.
11. This Waiver shall be governed by and construed under the laws of the Commonwealth of Virginia. To the extent permitted by law, the parties irrevocably agree that if there is cause for any litigation and or adjudication, such litigation and or adjudication shall occur in the Fairfax County General District Court. In the event either party resorts to litigation to enforce the provisions of this Agreement, the prevailing party shall be entitled to be reimbursed all of its attorneys' fees, court costs, costs of experts and exhibits and any other reasonable costs of litigation from the non-prevailing party.
By typing your name below, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By typing your name below, you consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Meows Corner LLC.
I have read and understand the statements above and execute this document fully aware that it contains an assumption of risk, release of liability, and indemnification provisions with respect to the Activity. I acknowledge that, but for the execution of this Release and agreeing to be bound by the terms hereof, Meows Corner, LLC would not authorize me to participate in the activities at the Café.
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