HOLD HARMLESS AGREEMENT
This Disclaimer Agreement (hereinafter referred to as the "Agreement") is made on ____________ (Date) between Matilda Kids Academy, located at ____________ (Academy Address) (hereinafter referred to as the "Academy"), and ____________ (Parent/Guardian Name), residing at ____________ (Parent/Guardian Address) (hereinafter referred to as the "Parent/Guardian").
PREAMBLE:A. The Parent/Guardian wishes for his/her child, ____________ (Child's Name) (hereinafter referred to as the "Child"), to attend Matilda Kids Academy and participate in the educational and extracurricular activities organized by the Academy. B. The Academy agrees to provide such opportunities under the conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows:- Indemnification The Parent/Guardian agrees to indemnify, defend, and hold harmless Matilda Kids Academy, its officers, directors, employees, agents, and representatives from any claims, demands, suits, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees (collectively "Claims"), arising out of the Child's participation in the educational and extracurricular activities of the Academy, except for Claims arising from the gross negligence or willful misconduct of the Academy.
- Notice of Claims The Academy shall promptly notify the Parent/Guardian in writing of any Claims for which the Academy seeks indemnification under this Agreement. Failure to do so does not relieve the Parent/Guardian of any obligations under this Agreement, except where the Parent/Guardian is materially prejudiced by such failure.
- Defense of Claims The Parent/Guardian has the right to assume the defense of any Claim with counsel of their choice, subject to the Academy's approval, which shall not be unreasonably withheld. The Academy has the right to participate in the defense of any Claim at its own expense. If the Parent/Guardian does not assume the defense of any Claim, the Academy may do so, and the Parent/Guardian shall reimburse all reasonable costs and expenses incurred by the Academy in such defense.
- Settlement of Claims The Parent/Guardian shall not settle any Claim without the prior written consent of the Academy, which shall not be unreasonably withheld. If the Parent/Guardian assumes the defense of any Claim, they shall not be responsible for any settlement of such Claim made by the Academy without the Parent/Guardian's prior written consent.
- Term This Agreement shall remain in effect from the date of its signing until ____________ (specific end date or event), unless terminated earlier by mutual written agreement of the parties.
- Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.
- Entire Agreement This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral, with respect to the subject matter hereof.
- Amendments and Waivers Any amendments to or waivers of any provision of this Agreement shall be valid only if in writing and signed by both parties. The waiver by either party of a breach or non-performance of any provision of this Agreement shall not be deemed a waiver of any prior or subsequent breach or non-performance.
- Severability If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
- Counterparts This Agreement may be signed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Disclaimer Agreement as of the date first above written.______________________________ (Parent/Guardian Name) _______________ (Date) Matilda Kids Academy Representative __________________ (Title) ______ ______(Date)
Additional Notary Section (if required by law):State of __________________ (State) County of ____________ (County) ____________ (Date), before me, ____________ (Notary's Name), personally appeared ____________ (Parent/Guardian Name) and ____________ (Matilda Kids Academy Representative), who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the persons, or the entity upon behalf of which the persons acted, executed the instrument.
I CERTIFY under PENALTY OF PERJURY under the laws of the State of __________________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ___________________________ (Seal)