EL GATO COFFEEHOUSE
WAIVER, RELEASE, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
I accept both the loving & dubious nature of cats. Accepting these terms demonstrates that: I Understand that these majestic creatures can also be rowdy and unpredictable. I’m fully aware that by engaging with the cats there lies the possibility of discomfort and rough play (i.e. scratching, clawing, and biting). This can occur when they are fussy, but mostly when they are happy and ESPECIALLY when they like me.
Activity: Interacting with the adoptable cats at the Cat Cottage.
Activity Location: 508 Pecore St Suite A., Houston, Texas 77009 (“Elgatoco Cat Cottage”)
I desire to participate in interacting with, petting and playing with adoptable cats participating in the cat lounge (the “Activity”), located at Elgatoco Cat Cottage, and provided by El Gato Coffeehouse (“El Gato”) on the date below. As lawful consideration for being permitted to participate in the Activity, I agree to all the terms and conditions set forth in this agreement (“Agreement”).
1. WAIVER AND RELEASE: On behalf of myself and my next of kin, heirs and representatives, I hereby expressly waive and release from all liability and promise not to sue El Gato, its employees, agents, officers, directors, affiliates, volunteers, partner rescue organizations, successors and assigns (collectively, “Releasees”) from any and all claims, including but not limited to, claims of negligence on the part of El Gato or any Releases or otherwise, resulting in any physical or psychological injury (including paralysis and death), illness, damage to property, or economic or emotional loss I may suffer because of my participation in the Activity, or any events or activities conducted on the Location of, or for the benefit of El Gato. I covenant not to make or bring any claim against El Gato or any other Releasee, and forever discharge El Gato and all other Releasees from liability under such claims.
2. ASSUMPTION OF RISK: I am voluntarily participating in the Activity, and I assume any and all risks associated with the Activity for myself and responsible minors, if any. I understand that as part of this Activity, I will be in direct contact with cats of all ages, shapes, sizes and temperaments, and I understand, as with most animals, they may react in unpredictable ways to sounds, movements, people, or other animals that could result in injuries to people or property. I am aware and understand that the Activities I will participate in are inherently dangerous and may cause serious or grievous injuries, including but not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, death, and/or property damage. I understand that these injuries or outcomes may arise from my own or another’s actions, inaction, or El Gato’s or another’s negligence or the conditions of the Activity location. Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including travel to, from and during the Activity.
3. INDEMNIFICATION AND HOLD HARMLESS: I agree to defend, indemnify, and hold El Gato and all other Releasees harmless from any and all claims, losses, damages, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, expenses, costs, including attorney’s fees or damage to my personal property incurred or awarded against the indemnified parties, arising out of or resulting from my or any claim of a third party related to the Activities. If I need medical treatment, I agree to be financially responsible for any costs incurred as a result of such treatment.
I understand that this document is written to be as broad and inclusive as legally permitted by the State of Texas. I agree that if any portion is held invalid or unenforceable the provision shall be modified by the parties in good faith in such a way that it becomes valid and enforceable and shall be aligned with the parties’ original business purpose and intent. If the provision cannot be modified, I understand that I will continue to be bound by the remaining terms.
I AM 18 YEARS OR OLDER AND I HAVE READ AND UNDERSTAND THE LEGAL CONSEQUENCES OF SIGNING THIS DOCUMENT, INCLUDING (1) RELEASING El GATO FROM ALL LIABILITY AND PROMISING NOT TO SUE RELEASEES BY PARTICIPATING IN THIS ACTIVITY, (2) ASSUMING ALL RISKS OF PARTICIPATING IN THIS ACTIVITY, AND (3) INDEMNIFYING AND HOLDING HARMLESS EL GATO AND RELEASEES FROM ANY AND ALL CLAIMS RELATED TO PARTICIPATING IN THIS ACTIVITY. NO OTHER REPRESENTATIONS CONCERNING THE LEGAL EFFECT OF THIS DOCUMENT HAVE BEEN MADE TO ME.
If Participant is under 18 years of age: I am the parent or legal guardian of the Participant. I understand the legal consequences of signing this document, including (a) releasing El Gato from all liability on my and the Participant’s behalf and promising not to sue on my and the Participant’s behalf, (b) assuming all risks of the Participant’s participation in this Activity, including travel to, from and during the Activity, and (c) indemnifying El Gato from any and all third party claims. I allow Participant to participate in this Activity. I understand that I am responsible for the obligations and acts of Participant as described in this document. I agree to be bound by the terms of this document.