WAIVER, RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT
I hereby certify that I am over eighteen (18) years of age, and am of sound mind and competent at the time of the execution of this Waiver, Release, Hold Harmless, and Indemnification Agreement (hereinafter “Release”) and agree to the following:
CHARM KITTY CAFE, through the BALTIMORE HUMANE SOCIETY, has available cats to be played with by customers at the establishment and agrees to allow me to play with same in consideration of both the payment of the fees for same and my execution of this Release and agreeing to be bound by its terms.
I am aware of and fully understand the inherent dangers involved in playing with cats, including the risk of death and/or personal injury or damage to myself, other persons, my property, and/or the property of others 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 person involved in these activities will not be covered under insurance of Charm Kitty Café or the Baltimore Humane Society and that customers of Charm Kitty Cafe may not have any right to file a claim against Charm Kitty Cafe’s or the Baltimore Humane Society’s insurance policy. I freely and voluntarily execute this Release with such knowledge, and assume full and sole responsibility for the risk of death, personal injury and/or property loss arising from or in any way connected with my participation in the activities with cats on the premises, as provided by the Charm Kitty Cafe.
I agree to abide by all rules and regulations that Charm Kitty Cafe may impose regarding the cats. I agree to follow all rules and to undertake all activities in a responsible and reasonable manner so as to avoid any harm or injury to the cats, myself or other patrons, customers and any work staff on the premises. IF I AM UNWILLING OR UNABLE TO FOLLOW ANY RULES, Charm Kitty Cafe WILL TERMINATE MY CONTINUATION OF SUCH ACTIVITIES, AND I WILL NOT BE ENTITLED TO ANY REFUND OF FEES.
I acknowledge that playing with cats may not be supervised, and Charm Kitty Cafe staff will not be with me the entire time I am in contact with the cats, but Charm Kitty Cafe staff will remain on the premises to monitor the activity of all current participants, offer guidance and encouragement, and be available to assist in the event of participant difficulty.
I have no physical or emotional issue(s), including, but not limited to, any allergies, which would adversely affect my ability to play with the cats in a safe and appropriate manner.
I hereby grant Charm Kitty Cafe permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration.
I understand and agree that all photos will become the property of Charm Kitty Cafe and will not be returned.
I hereby irrevocably authorize the Charm Kitty Cafe to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
I agree not to engage in any activity that will injure or otherwise hurt the cats in any manner.
I hereby release and forever discharge Charm Kitty Cafe, Baltimore Humane Society, their respective agents, owners, employees, board of directors, and independent contractors, and their respective 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 nature whatsoever to myself or my property as a result of my engaging in any activities at Charm Kitty Cafe, including, but not limited to, playing with the cats, whether such injury, death, or property damage is caused by the intentional or negligent act or omission on the part of (i) any other customer of Charm Kitty Cafe, (ii) any employee, agent, owners, or independent contractor of the Charm Kitty Cafe, Baltimore Humane Society, or (iii) any other person at Charm Kitty Cafe. Furthermore, I agree to pay any and all reasonable attorney's fees and court costs of the Charm Kitty Cafe, Baltimore Humane Society, and any of their respective agents, employees, owners, board of directors, and independent contractors if I bring any action, claim, or demand against the Charm Kitty Cafe or Baltimore Humane Society, or any of their respective agents, employees, owners, board of directors, and independent contractors for any reason for which this Release applies.
I agree to defend, indemnify, and hold harmless Charm Kitty Cafe, Baltimore Humane Society, their respective agents, employees, owners, board of directors, and independent contractors, 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 Charm Kitty Cafe or my participation in any activities at Charm Kitty Cafe. I agree to provide said defense and indemnity regardless of the merit of the claim.
I agree to and hereby bind my heirs, executors, assigns and all other legal representatives by executing this Release.
I hereby acknowledge and agree that this Release is intended to be construed and interpreted as broad and inclusive as permitted by the laws of Maryland. If any portion of this Release is found or declared to be invalid or unenforceable, such invalidity shall not affect the remainder of this Release not found to be invalid and the remainder of this Release shall remain in full force and effect. This Agreement shall be governed by the laws of Maryland (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 Maryland.
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 RELEASE. I ACKNOWLEDGE THAT, BUT FOR THE EXECUTION OF THIS RELEASE AND AGREEING TO BE BOUND BY THE TERMS HEREOF, CHARM KITTY CAFE WOULD NOT AUTHORIZE ME TO PARTICIPATE IN ANY ACTIVITIES AT CHARM KITTY CAFE.