Waiver Agreement.
This is the Waiver Agreement required prior to entering and participating in all services and activities at Cat Haven Lounge.
I, individual, person signing this willfully signing this Waiver Agreement (and hereinafter “I”), hereby certify that I am over eighteen (18) years of age and am capable of thought and reasoning at the time of the execution of this Waiver Agreement (hereinafter “Agreement”) and agree to the following:
(1) CAT HAVEN LOUNGE and its partnering rescues (hereinafter jointly “Partner”) provide service which includes, but is not limited to, housing felines that are permitted to interact with by customers (hereinafter “Guests”) at CAT HAVEN LOUNGE and agrees to allow that I play with these felines with the acknowledgement that I am required to pay the fee to enter CAT HAVEN LOUNGE and use its services and with the execution of this Agreement to be bound by its terms.
(2) I am fully aware and understand that inherent dangers involved in playing with felines, including the risk of death and/or personal injury to myself, other persons, my property, and/or the property of other individuals while participating in such activities or having my property at the site of such activities. I further acknowledge that participants in such activities and other persons involved in these activities may not be covered under insurance of CAT HAVEN LOUNGE insurance policy nor the insurance policy of its Partner. I freely and voluntarily, knowingly, execute this Agreement with such knowledge, and assume all and full, sole responsibility for the risk of death, personal injury and/or personal injury, and/or property loss arising from or in any way connected with my participation in the activities and services provided by CAT HAVEN LOUNGE and its Partner.
(3) I agree to abide to all rules and regulations in place that CAT HAVEN LOUNGE may impose regarding the felines. I agree to follow all riles and to undertake all activities in a responsible manner that will not harm, damage, or destroy all aspects of CAT HAVEN LOUNGE, its Partner, or the felines. IF I AM UNWILLING OR UNABLE TO FOLLOW ANY RULES AND REGULATIONS, CAT HAVEN LOUNGE WILL TERMINATE MY CONTINUATION OF SUCH ACTIVTIES AND SERVICES, AND I WILL NOT BE ENTITLED TO ANY REFUND OF ANY FEE.
(4) I acknowledge that playing with felines may not be supervised, and that CAT HAVEN LOUNGE, its representatives, officers, directors, employees, volunteers, agents, third parties, successors, and Partner will not be with me the entire time that I am in contact with the felines, but CAT HAVEN LOUNGE employees, will remain on the premises to monitor the activity of all current participants, to the best of their ability, to offer guidance and encouragement, and can be available to assist in the event of participant complications and difficulties.
(5) I have no physical or emotional difficulty or issue(s), including, but not limited to, any allergies, in which that would adversely affect my ability to play with felines and to enter CAT HAVEN LOUNGE, in a safe and appropriate manner.
(6) I agree not to engage in any activity that will injure, disable, inflict emotional, mental or physical pain and discomfort, or otherwise harm the felines in any way or manner.
(7) I hereby release and forever discharge CAT HAVEN LOUNGE and its Partner, and both their representatives, directors, officers, agents, third parties, owners, employees, volunteers, independent contractors, sureties, insurers, successors, assigns, and legal representatives, from any liability, claim, cause of action, demand and damages for injury, death or damages of any kind or of any nature whatsoever, to myself to my property as a result of my engaging in any activities and services at CAT HAVEN LOUNGE, including, but not limited to, playing with felines, whether such injury, death, or property damage is caused by the intentional or negligent act or omission on the part of (i) any other Guest of CAT HAVEN LOUNGE, (ii) any volunteer, employee, agent, owners, or independent contractor of CAT HAVEN LOUNGE, or (iii) any other person at CAT HAVEN LOUNGE. Furthermore, I agree to pay any and all attorney’s fees and costs of CAT HAVEN LOUNGE, and any of its respective agents, employees, owners, volunteers, independent contractors, and Partner, if I bring any action, claim, or demand against CAT HAVEN LOUNGE or any of their respective agents, employees, owners, volunteers, independent contractors, and Partner for any reason for which this Agreement applies.
(8) I agree to defend to with counsel chosen by the indemnified party, indemnify, and old harmless CAT HAVEN LOUNGE, and any of its respective agents, employees, owners, volunteers, independent contractors, and Partner and their sureties, insurers, successors, assigns, and legal representatives from any liability, claim, cause of action, demand or damages for injury, death or damages of any kind or nature whatsoever to any person or their property resulting from any actual or claimed intentional or wrongful act or omission by me arising from or as a result of my presence at CAT HAVEN LOUNGE or my participation in any activities at CAT HAVEN LOUNGE. I agree to provide said defense and indemnity regardless of the merit of the claim.
(9) I agree to and hereby bind my heirs, executors, assigns, and all other legal representatives by executing this Agreement.
(10) I hereby acknowledge and knowingly agree that this Agreement is intended to be construed and interpreted as broad and inclusive as permitted by the laws of Texas. If any portion of this Agreement is found or declared to be invalid or unenforceable, such invalidity shall not affect the remainder of this Agreement not found to be invalid and the remainder of this Agreement shall remain in full force and effect. This Agreement shall be governed by the laws of the State of Texas (without regard to the laws that might be applicable under principles of conflicts of law, and without regard to the jurisdiction in which any action or special proceedings may be instituted), as to all matters, including but not limited to matters of jurisdiction, validity, property rights, construction, effect and performance. All disputes shall be subject to litigation only within the courts of the State of Texas, Harris County.
(11) BY EXECUTING THIS RELEASE, I ACKNOWLEDGE THAT I HAVE READ THIS RELEASE, UNDERSTAND THE CONTENTS HEREOF, HAVE BEEN ADVISED AND HAD THE OPPORTUNITY TO SEEK INDEPENDENT COUNSEL OF MY CHOICE AND CERTIFY THAT I HAVE FREELY AND VOLUNTARILY EXECUTED THIS AGREEMENT. I ACKNOWLEDGE THAT, BUT FOR THE EXECUTION OF THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS HEREOF, CAT HAVEN LOUNGE WOULD NOT AUTHORIZE ME TO PARTICIPATE IN ANY ACTIVITIES AT CAT HAVEN LOUNGE.
(12) By typing, your name below, you are fully aware that 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, Cat Haven Lounge and/or its Partner.
(13) I agree to this terms and condition herewith the Agreement, and, further, grant my consent by providing my E-Signature.
Minors Addendum I affirm that I am signing this Agreement on behalf of the minor(s) named below (hereinafter “Minor”). I am the parent or legal guardian of Minor and agree to the terms and conditions of this Agreement on their behalf. I understand that I am responsible for all actions and doings on behalf of the Minor, and that I must supervise any Minor under 18 years of age and ensure that they are complying with the rules and regulations of Cat Haven Lounge.
Effective as of March 9, 2024