The Hold Harmless Agreement (this “Agreement”) is made effective on date submitted (Date) by and between Sadie Barac), of Dance By MT Feminine Movement Studio and the signee (hereinafter “Student”) or sometimes individually referred to as “Party” and collectively referred to as “Parties.”
WHEREAS, Student desires to hold harmless Dance By Sadie Barac and/or MT Feminine Movement Studio Instructor/Owner from any claims and/or litigation arising out of injuries from actions in connection with Dance Instruction, Practice Sessions and Performances.
NOW THEREFORE, in consideration of mutual covenants and conditions contained herein, Student and Dance By Sadie Barac MT Feminine Movement Studio Instructor/Owner hereby agrees as follows:
1. Hold Harmless. Student shall fully defend, indemnify and hold harmless Dance By Sadie Barac MT Feminine Movement Studio Instructor/Owner from any and all claims, lawsuits, demands, causes of action, liability loss, damage and/or injury, of any kind whatsoever concluding without litigation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death, whether brought by an individual or other entity, or imposed by a court of law by administrative action of any Federal, State or Local governmental body or agency arising out of, in any way whatsoever, any acts, omissions, negligence or willful misconduct on the part of Dance By Sadie Barac MT Feminine Movement Studio Instructor/Owner, its officers, owners, personnel, employees, agents, contractors, invitees or volunteers. This indemnification applies to and includes, without limitations, the payment of all penalties, fines, judgments, awards, decrees, attorney fees, and related costs on expenses and any reimbursements to Dance By Sadie Barac MT Feminine Movement Studio Instructor/Owner for all legal fees, expenses, costs incurred by it.
2. Authority to Enter Agreement. Each party warrants that the individuals who have signed this Agreement have the actual legal power, right and authority to make this Agreement and bind each respective Party.
3. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit and privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
5. Attorneys' Fees and Costs. If any legal action or proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable Attorneys' Fees and other related costs, in addition to the other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing Party in accordance with this provision.
6. Entire Agreement. This Agreement contains the entire Agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written Statements or Agreements between Parties related to such matters.
7. Enforceability, Severability and Reformations. If any provisions of the Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provisions of this Agreement is invalid or unenforceable, but that by limiting such provisions it would become valid and enforceable, then such provisions shall be deemed to be written, construed, and enforced as so limited. The intent of the Parties is to provide as broad an indemnification as possible under Tennessee Law. In the event that any aspects of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under Tennessee Law.
8. Applicable Law. This Agreement shall be governed exclusively by the laws of Tennessee, without regard to conflict of Law Provisions.
9. Exclusive Venue and Jurisdiction. Any lawsuits or legal proceedings arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the Federal and State Courts of Montana. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuits that they bring in any other jurisdiction or venue.
10. Signatures. This Agreement shall be signed on behalf of Dance By Sadie Barac MT Feminine Movement Studio and on behalf of Student upon registration and effective as of the date first written above.