Waiver and Release

I hereby certify that I am over eighteen (18) years of age, and I am of sound mind at the time of the execution of this Waiver, Release, Hold Harmless, and Indemnification Agreement (from now on “Release”) and agree to the terms set forth below. Catfé Montclair provides cat-related activities, including playing with certain cats and/or kittens, to customers at its store in Montclair, NJ (“Premises”). 

In consideration of allowing me to participate in the activities, including playing with the cats and/or kittens, I agree to be bound by the terms of the waiver and release set forth herein. I am aware of, and fully understand, the inherent dangers involved in playing with cats and/or kittens, including the risk of damage, personal injury, and death to myself, other persons, my property, and/or the property of others. I further acknowledge that I will be participating in the activities in an indoor environment at the Premises. 

Participation at the Premises potentially exposes me to illness from infectious diseases, including but not limited to COVID-19, and the risk of serious illness and death from these infectious diseases does exist.

I knowingly and freely assume all such risks, injury, harm, and loss related to the cat-related activities, including illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of Catfé Montclair, its staff, or any related entity, including but not limited to the Cat Rescue.

I knowingly, freely, and voluntarily execute this Release with such knowledge and assume full and sole responsibility for the risk of damage, death, personal injury and/or property loss arising from or in any way connected with my participation in the activities provided by Catfé Montclair, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of Catfé Montclair. 

I further acknowledge that participants in such activities, including but not limited to other customers staff, and other persons involved in these activities, may not be covered under the insurance of Catfé Montclair and that customers of Catfé Montclair may not have any right to file a claim against Catfé Montclair insurance policy. 

I agree to abide by all rules and regulations that Catfé Montclair may impose on me regarding the cats and/or kittens and my attendance at the Premises.

I agree to undertake all activities responsibly. 

IF I AM UNWILLING OR UNABLE TO FOLLOW ANY RULES, CATFE MONTCLAIR WILL TERMINATE MY PARTICIPATION IN SUCH ACTIVITIES AND MAY EXPEL ME FROM THE PREMISES. I WILL NOT BE ENTITLED TO ANY REFUND OF OUR FEES. 

I acknowledge that playing with cats and/or kittens may not be supervised, and Catfé Montclair staff may not be with me for the duration that I am in contact with the cats and/or kittens. Catfé Montclair staff will remain on the Premises to periodically 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 and/or kittens in a safe and appropriate manner. I agree not to engage in any activity that will injure or otherwise hurt the cats and/or kittens in any manner. I hereby release and forever discharge Catfé Montclair, the Cat Rescue, their respective agents, owners, employees, and independent contractors, and their respective sureties, insurers, successors, assigns, and legal representatives (“Indemnified Parties”), 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 Catfé Montclair, including, but not limited to, playing with the cats and/or kittens, 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 Catfé Montclair, (ii) any employee, agent, owners, or independent contractor of the Catfé Montclair, the Cat Rescue, or (iii) any other person at Catfé Montclair.

Furthermore, I agree to pay any attorneys’ fees and costs of the Catfé Montclair, the Cat Rescue, and any of their respective agents, employees, owners, and independent contractors if I bring any action, claim, or demand against the Catfé Montclair or the Cat Rescue, or any of their respective agents, employees, owners, and independent contractors for any reason for which this Release applies. I agree to defend with counsel chosen by the Indemnified Party, indemnify, and hold harmless Catfé Montclair, the Cat Rescue, their respective agents, employees, owners, and independent contractors, their sureties, insurers, successors, assignors, 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 Catfé Montclair or my participation in any activities at Catfé Montclair. 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 New Jersey. 

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 New Jersey (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 New Jersey., and I hereby submit to the jurisdiction of the court.

When purchasing this ticket, you enter into this agreement and consent for Catfé Montclair to use my pictures and/or videos for advertising and marketing purposes.  I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the 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 my image or recording. I understand that this content may be public and posted/shared on social media sites.

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, CATFE MONTCLAIR WOULD NOT AUTHORIZE ME TO PARTICIPATE IN ANY ACTIVITIES AT CATFE MONTCLAIR.