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Release of Liability – last updated 9-8-22

Release

1.  Agreement to Follow Directions

You agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Tiernan Irish Dancers, or the employees, representatives or agents of Tiernan Irish Dancers.

2.  Assumption of The Risks and Release

You recognize that there are certain inherent risks associated with Irish dancing and the process of instruction in Irish dance, and you assume full responsibility for personal injury to yourself and (if applicable) your family members, and further release and discharge Tiernan Irish Dancers for injury, loss or damage arising out of your or your family’s use of or presence upon the facilities of Tiernan Irish Dancers, whether caused by the fault of yourself, your family, Tiernan Irish Dancers, or third parties.

3.  Indemnification

You agree to defend, indemnify and hold Tiernan Irish Dancers, its employees, agents and volunteers harmless from any and all claims, causes of action, injuries, damages, losses or suits including attorney fees and other litigation costs, which may in any way arise from or be in connection with your or your family’s use of or presence upon the facilities of Tiernan Irish Dancers.

4.  Fees

You agree to pay for all damages to the facilities of Tiernan Irish Dancers caused by any negligent, reckless, or willful actions by you or your family.

5.  Consent

You consent to the participation of your dancer(s) in the activity of Tiernan Irish Dancers, and agree on behalf of your dancer(s) all of the terms and conditions of this Agreement.  By signing our Website and School Application Form or the printed PDF application forms, you represent that you have legal authority over and custody of the student(s) listed on those forms.

6.  Applicable Law

Any legal or equitable claim that may arise from participation in Tiernan Irish Dancers activity shall be resolved under Montana law.

7.  No Duress

You agree and acknowledge that you are under no pressure or duress to sign the Website and School Application Form or the printed PDF application forms, and that you have been given a reasonable opportunity to review all of our terms and policy pages prior to signing.  You further agree and acknowledge that you are free to have your own legal counsel review this Agreement and our terms and policy pages if you so desire, at your expense.

8.  Arm’s Length Agreement

This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties.  In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language or provision giving rise to such ambiguity.

9.  Enforceability

The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstances, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.