Release of Liability & Assumption of Risk

This Release of Liability and Assumption of Risk (this “Release”) is made as of the date set forth below by and between C&K American DREAM LLC, Cat Cafe Florida (the “Café”) and the undersigned individual (“I,” “me,” or “my”).

In consideration of the Café permitting me to enter the Café and/or interact with and play with cats and/or kittens present at or available for adoption through the Café (the “Cats”) (collectively, the “Activity”), I acknowledge, understand, and agree to the following:

I understand that cats, like all animals, may act unpredictably and may display aggressive behavior, including biting or scratching, with or without warning or provocation. I acknowledge that participation in the Activity involves inherent risks and dangers, including but not limited to infection, disease, personal injury to myself or others, and damage to personal property (collectively, the “Risks”). Despite these Risks, I knowingly and voluntarily assume all risks of property loss, damage, personal injury, disfigurement, or death arising out of or related to the Activity, whether caused by the ordinary negligence of the Café or otherwise.

I acknowledge that any injuries I may sustain may be caused or worsened by the actions, omissions, or negligence of the Café, including but not limited to negligent emergency response or rescue operations.

I agree that I will not bring any claim or lawsuit against, nor hold liable, the Café or any of its owners, employees, volunteers, directors, agents, representatives, or officers (collectively, the “Releasees”) for any harm, injury, loss, or damage I may suffer during or as a result of the Activity, whether arising from the ordinary negligence of the Café or Releasees or otherwise. This includes injuries or damages caused by my own actions, the actions of others, or accidents. I further agree that I will not assist or encourage any third party to pursue a claim on my behalf for any matter covered by this Release.

I agree to indemnify, defend, and hold harmless the Café and the Releasees from and against any and all claims, losses, damages, liabilities, judgments, settlements, penalties, fines, costs, or expenses of any kind (including reasonable attorneys’ fees and costs of enforcement), arising out of or related to:
(a) my participation in the Activity;
(b) any third party who accompanies me or whom I permit to enter the Café, including any minors; and
(c) any claim for bodily injury or property damage resulting from my participation in the Activity.

I acknowledge and agree that I am solely responsible for determining my physical and mental ability to safely participate in the Activity. I represent and warrant that I am physically and mentally capable of participating and that I do not suffer from any condition, including allergies to cats, that would impair my ability to safely engage in the Activity.

I understand and agree that photographs and/or videos may be taken on the Café premises for advertising, social media, or other business purposes. I hereby grant the Café permission to use my image and/or the image of individuals in my party, including minors, for such purposes. If I do not wish to be photographed or recorded, I understand that I should not sign this Release or enter the Café premises.

I agree to comply with all rules, guidelines, and policies established by the Café in connection with the Activity (the “Rules”) and agree not to engage in any conduct that could cause harm to any person or the Cats. If I, or any minor or other individual for whom I am responsible, fails to follow the Rules, the Café reserves the right to immediately terminate participation and remove us from the premises without refund.

If a person under the age of 18 (a “Minor”) accompanies me, I consent to the Minor’s participation in the Activity and agree that the terms of this Release shall apply to and be binding upon the Minor and the Minor’s parent or legal guardian. I agree to indemnify and hold harmless the Café for any claims arising out of or related to the Minor’s participation in the Activity or presence at the Café.

A Minor aged 16–17 may participate in the Activity without a parent or guardian present provided that the parent or guardian has reviewed, signed, and submitted this Release to the Café. In such cases, I represent and warrant that I am the Minor’s parent or legal guardian and that I consent to:
(i) the terms of this Release;
(ii) the Minor’s participation in the Activity; and
(iii) remaining legally responsible for the Minor’s actions.

I acknowledge and agree that this Release shall remain in effect during and after my participation in the Activity and shall be binding upon me and my heirs, executors, administrators, and assigns. If any provision of this Release is found to be unenforceable, the remaining provisions shall remain in full force and effect.

This Release shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflict-of-law principles. Any claim arising under or related to this Release shall be brought exclusively in the state or federal courts located in North Carolina, and I hereby consent to the jurisdiction of such courts.

BY SIGNING BELOW, I CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE, HAVE READ AND FULLY UNDERSTAND THIS RELEASE, AND VOLUNTARILY AGREE TO ITS TERMS. I UNDERSTAND THAT BY SIGNING THIS RELEASE, I AM WAIVING IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY PRIOR TO SIGNING.