Catmosphere Liability Waiver

BY SIGNING THIS WAIVER, YOU ACCEPT ALL RESPONSIBILITIES FOR EVERYONE IN YOUR GROUP RESERVATION. By entering our cat lounge, all visitors agree to the following Release of Liability, Covenant Not to Sue, and Assumption of the Risk:

I hereby certify that I am of sound mind at the time of the execution of this Waiver, Release, Hold Harmless, and Indemnification Agreement (hereinafter "Release") and agree to the following:

In consideration of being granted access to the cat lounge at The Catmosphere LLC, located at 1287 Lafayette Ave., Terre Haute, IN 47804,

The undersigned desires to enter into the establishment known as The Catmosphere Cat Cafe, which offers customers the ability to interact with cats and/or kittens located on the premises, and acknowledges that there are dangers and risks of personal injury, death or property damage that could result while interacting with the cats and/or kittens that call The Catmosphere their home. Knowing and acknowledging this, the undersigned hereby freely assumes any and all risks of bodily injury, death, or property damage while interacting with the cats and/or kittens at The Catmosphere.

The undersigned, in consideration of the opportunity to enter The Catmosphere and its cat lounge, and for other good and valuable consideration, does hereby FOREVER RELEASE AND DISCHARGE The Catmosphere, LLC, an Indiana limited liability company, its officers, directors, shareholders, managers, employees, agents, non-profit rescue partner (Terre Haute Humane Society), and any and all owners of the building in which The Catmosphere is located, and does hereby indemnify and hold each of them harmless, from and against any and all claims, actions, causes of action, liability, damages, expenses and/or personal injuries and/or property damage and/or death arising out of or resulting from any interaction with the cats and/or kittens at The Catmosphere in any manner.

The undersigned further agrees as follows:

To abide by all rules and regulations that The Catmosphere may impose regarding the cats and/or kittens. I agree to follow all rules and to undertake all activities in a responsible manner. IF I AM UNWILLING OR UNABLE TO FOLLOW ANY RULES, The Catmosphere WILL TERMINATE MY CONTINUATION OF SUCH ACTIVITIES, AND I WILL NOT BE ENTITLED TO ANY REFUND OF OUR FEES.

That interactions with cats and/or kittens are unsupervised; however, The Catmosphere 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.

The undersigned has no physical or emotional issue(s), including, but not limited to any allergies, which would adversely affect the undersigned’s ability to interact with the cats and/or kittens in a safe and appropriate manner.

Not to engage in any activity that will injure or otherwise hurt the cats and/or kittens, nor staff or any other guests in the cat lounge, in any manner.

I understand that I (as well as my underage guests) may be photographed during my visit. I also agree to and understand that these images may be used for any and all promotional materials, all forms of social media, and printed/posted in the cafe itself. Should I choose to not allow any photography of myself and/or other members of my group reservation, I shall inform The Catmosphere staff prior to my reservation or upon entry into The Catmosphere.

No promises, inducements or agreements not herein expressed have been made, that this

Hold Harmless Agreement, Waiver and Release contains the entire agreement between the parties, and that this Hold Harmless Agreement, Waiver and Release shall be binding on the undersigned and his/her estate, heirs, personal representatives, successors and assigns.

I hereby release and forever discharge The Catmosphere, Terre Haute Humane Society, their respective agents, owners, employees, 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 The Catmosphere, 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 The Catmosphere, (ii) any employee, agent, owners, or independent contractor of the The Catmosphere, Terre Haute Humane Society, or (iii) any other person at The Catmosphere. Furthermore, I agree to pay any and all attorney fees and costs of the The Catmosphere, Terre Haute Humane Society, and any of their respective agents, employees, owners, and independent contractors if I bring any action, claim, or demand against the The Catmosphere or Terre Haute Humane Society, 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 The Catmosphere, Terre Haute Humane Society, their respective agents, employees, owners, 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 The Catmosphere or my participation in any activities at The Catmosphere. 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 Indiana. 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 Indiana (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 Vigo County, Indiana.

BY EXECUTING THIS RELEASE, THE UNDERSIGNED ACKNOWLEDGES THAT HE/SHE/THEY HAS READ THIS RELEASE, UNDERSTANDS THE CONTENTS HEREOF, HAS BEEN ADVISED AND HAD THE OPPORTUNITY TO SEEK INDEPENDENT COUNSEL OF CHOICE AND CERTIFIES THAT THIS RELEASE HAS BEEN FREELY AND VOLUNTARILY EXECUTED.