Pawsitivitea CNY Waiver and Release of Liability
In consideration of the risk of injury while participating and being in the presence of cats, hereafter referred to as "the Activity," and as consideration of the right to participate in the Activity. I hereby, for myself, heirs, executors, administrators or personal representatives, enter this waiver knowingly and voluntarily, and release liability and waive any and all rights, claims and causes of any kind whatsoever, including but not limited to claims of negligence on the part of Pawsitivitea CNY LLC, arising out of my participation of the Activity. I hereby release and forever discharge Pawsitivitea CNY LLC, located at 2100 Park St, Space 309, Syracuse, NY, 13208, their affiliates, managers, members, staff, agents, attourneys, representatives, partner shelters, and partner rescues, for any physical or psychological injury, including but not limited to illness, paralysis, death, economic, and emotional loss, that I may suffer as a participant in the aforementioned Activity or any events at the Location of, or for the benefit of Pawsitivitea CNY LLC.

I VOLUNTARILY PARTICIPATE IN THE ACTIVITY ENTIRELY AT MY OWN RISK AND ASSUME RESPONSIBILITY FOR ANY MINORS I AM RESPONSIBLE FOR. I UNDERSTAND THAT I WILL INTERACT WITH CATS OF ALL SHAPES, SIZES AND TEMPERMENTS. FURTHER, I UNDERSTAND CATS CAN BE UNPREDICTABLE IN NATURE AND MAY BITE, CLAW OR SCRATCH ME OR MY RESPONSIBLE MINORS AT ANY TIME. FURTHER, I UNDERSTAND THE RISK OF ALLERGIC REACTIONS TO DANDER WITHIN PAWSITIVITEA CNY LLC AND EXPOSURE TO TRANSFERRABLE INFECTIONS SUCH AS RINGWORM AND BODILY EXCREMENT FROM CATS INCLUDING URINE, FECES, BLOOD AND VOMIT. I AM ALSO AWARE THAT RISKS MAY INCLUDE PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGURMENT, TEMPORARY OR PERMANENT DISABILITY, ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE CONDITIONS MAY ARISE FROM MY OWN OR OTHERS NEGLIGENCE, OR THE CONDITION OF THE ACTIVITY LOCATION. I ASSUME ALL RELATED RISKS, KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THE ACTIVITY.

I agree to indemnify and hold harmless Pawsitivitea CNY LLC against any and all claims, suits, or actions whatsoever for liability, damages, compensations brought to me or anyone on my behalf, including attorney fees or related costs, if litigation arises made by me or anyone on my behalf. If Pawsitivitea CNY LLC incurs any of these expenses, I will reimburse Pawsitivitea CNY LLC.

I acknowledge that Pawsitivitea CNY LLC and their owner, staff, partner shelters and partner rescues are not responsible for errors, omissions, acts, or failure to act of any party or entity conducting a specific event or activity on behalf of Pawsitivitea CNY LLC.

I ACKNOWLEDGE THAT I HAVE CAREFULLY AND FULLY READ THIS WAIVER AND RELEASE, AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY RELEASE AND DISCHARGE PAWSITIVITEA CNY LLC AND ALL OF ITS MANAGERS, STAFF, AFFILIATES, ATTORNEYS, AGENTS, VOLUNTEERS, HEIRS, REPRESENTATIVES, PARTNER SHELTERS AND PARTNER RESCUES, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION, AND I AGREE TO VOLUNTARILY GIVE UP ANY RIGHT TO BRING UP ANY LEGAL ACTION OR OTHERWISE AGAINST PAWSITIVITEA CNY LLC FOR ANY INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Pawsitivitea CNY LLC, its agents, volunteers and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and Pawsitivitea CNY LLC agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

I affirm that I am of the age of 18 years or older, and that I am freely acknowledging this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract.

PARENT OR GUARDIAN WAIVER FOR MINORS
In the event that the participant is under the age of consent (18 years of age), then this release must be acknowledged by a parent or guardian as follows:

I hereby certify that I am the parent or guardian of any accompanying Minors and do give my consent without reservation to the foregoing on behalf of this individual.
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