Stallholder Exclusion and Indemnity
By submitting an application for a Stall at any of Goodwill Projects’ markets or renewing a current Stall, the Stallholder acknowledges that they have read and understood and agree to comply with this exclusion of liability and indemnity.
In this document, “we”, “us” and “our” means Goodwill Projects Pty Ltd ACN 133 432 078. “You” means the stallholder and any of your employees, agents, contractors and invitees.
Exclusion of Liability
To the maximum extent permitted by law, we exclude and are released from any liability to you and your employees, agents, contractors and invitees, whether in contract, tort, statute or any other way, for any personal or financial injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by you, your employees, agents, contractors, invitees and/or any other person, or for any costs, charges or expenses incurred by you, arising from or in connection with your occupancy of the Stall, unless caused by (and only to the extent of) our wilful misconduct, negligence or breach of a statutory duty or warranty.
You are liable for and indemnify us and our directors and officers from and against any claim or action (whether in contract, tort, statute or otherwise, including for negligence), liability, loss, damage, costs (including but not limited to, legal costs on a full indemnity basis), charges and expenses arising from or in connection with your occupancy of the Stall, including, without limitation, loss of or damage to property, or personal injury or death of any person.
This indemnity is independent from your other obligations under these Terms and Conditions and will continue while you are a Stallholder and after you have ceased to be a Stallholder. We may enforce this indemnity before incurring expense.