Liability:
The marquee hirer does not have under any circumstances any cause of action against or right to claim or recover from WDI, its Officials/Staff and any volunteers for, or in respect of, any loss or damage of any kind whatsoever, caused directly or indirectly by:
a) any breach of these terms and conditions; or
b) any fact, matter or material relating to the general stalls; or
c) any defect in material or preparation of, or any other defect whatsoever in, or unsuitability for, any purpose of the food or any part of the food, supplied by the Applicant; or
d) By default or negligence on the part of WDI, its Officials/Staff and any volunteers or of any employee, contractor or agent of WDI or of any person for whom WDI has legal responsibility relating to the supply of or otherwise concerning the general stall, the site, or any part of the general stall.
Force Majeure:
If by reason of any fact, circumstance, matter or material, including but not limited to industrial disputes, default of suppliers, compliance with governmental order or request, sabotage, rebellion, fires, flood, breakdown of plant or machinery, beyond the reasonable control of WDI or the Applicant either is unable to perform in whole or in part any obligation under this agreement that party is relieved of that obligation under the terms and conditions contained herein to the extent and for the period that it is so unable to perform and is not liable to the other party to this agreement in respect of such inability.
Any delays in or failure of performance of either the Applicant or WDI shall not constitute default under this agreement or give rise to any claims for damages.
In the event of any unforeseen circumstance, including but not limited to the inclement weather, or declared emergency by Wyndham City Council or the Victorian Government, WDI or the Applicant is unable to perform in whole or in part any obligation under the terms and conditions contained herein, that party is relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and is not liable to the other party to this agreement in respect of such inability.
Inclement Weather:
When the event is impacted by inclement weather conditions, it is the responsibility of the Marquee holder to seek guidance from the safety officer on site or the WDI team in that order.
WDI and/or its team are NOT responsible for any goods or materials within the marquee, i.e. under no circumstances, there can be any claim made with the WDI for any incident or loss or damage as a result of the weather.
It is the responsibility of the marquee holder to monitor the weather and consult the WDI team to communicate at all times.
WDI will only make a decision of continuing with the event or cancellation of same, if more than 75% of the marquee holder’s express their decision.
WDI team will be responsible for all the public and their safety in such weather conditions and will ONLY be able to attend to individual marquee holder’s requests if the matters are related to safety. Any other concerns will be addressed, after the event is secured from a safety perspective.
No requests for refunds will be entertained on the event day.
Indemnity:
The applicant will fully Indemnify WDI and its executive team and anyone associated with WDI for any losses or damages to their property, vehicles and any other that may have occurred for holding the stall at the Wyndham Diwali festival as the stall applicant is clearly explained about this and the stall applicant agrees that they have booked the marquee at their own risk and Wyndham Diwali Inc. is not responsible for their business stall outcome on the day at the festival.
The Applicant shall indemnify and keep indemnified WDI and any of its subsidiaries, affiliates, director, officers, agents, employees, volunteers, authorised representatives and consultants, against all and every claim, demand, action, suit, cost (including any solicitor costs calculated on an indemnity basis), loss or proceeding of whatsoever nature and however they shall be brought by any third party or on behalf of any third party including any solicitors costs calculated on an indemnity basis arising out of or incidental to the carrying out of the carrying out, completion or execution of the services for any reason or by any act or omission or fault or negligence by WDI or any of its suppliers, subcontractors, consultants or any other person acting on or purporting to be acting by WDI’s direction or control or on behalf of WDI.
This indemnity shall specifically extend to and include an indemnity by the Applicant to WDI for damage to property and injury to or death of any third party including any person who is employed by or acting under the direction or control of the Applicant.
Governing Law:
The laws of Victoria in force shall govern this agreement from time to time, and the parties agree to submit to the jurisdiction of the Courts of that State.
Invalidity:
If any clause or part thereof contained in this agreement shall be judged to be invalid for any reason whatsoever such invalidity shall not affect the validity or operation of the remainder of this agreement and such invalid clause or part thereof shall be deemed to have been deleted from this agreement.