Common use of Liability and Release Clause in Contracts

Liability and Release. 8.1 FCC and FVIC (including officers, employees and its contractors) are not responsible for and are released by the Participant from any claims for loss of whatsoever kind (including consequential loss), damage or injury in relation to: 8.1.1 any matter and/or arising out of the Purpose due to circumstances beyond FCC’s and FVIC’s reasonable control including pandemic or the outbreak of an infectious or contagious human disease under the Biosecurity ▇▇▇ ▇▇▇▇ (Cth). 8.1.2 the use, inoperability or failure of any FCC or FVIC controlled or operated website including ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, FVIC’s booking services or any other participation benefits or services. 8.2 The Participant will fully indemnify FCC and FVIC (and its officers, employees, agents and contractors) against any and all liability, claims, loss (including consequential loss) damage or costs incurred (including legal costs on a full indemnity basis) arising from or in connection with any of the following: 8.2.1 any breach by the Participant of this Participation Agreement. 8.2.2 any information or details provided by the Participant or its agents or contractors to FCC or the public about any attraction, accommodation, tours, events, products or services. 8.2.3 any confirmed bookings made through FVIC that are not fulfilled by the Participant for any reason including sale of business, overbooking, unforeseen circumstances such as damage or natural disasters, pandemic or the outbreak of an infectious or contagious human disease under the Biosecurity ▇▇▇ ▇▇▇▇ (Cth). 8.2.4 any person(s) who visit or stay at the Participant’s business, venue, accommodation or who is involved or attends the Participant’s tours, events or attractions or uses any of its products or services or which are promoted or offered by the Participant. 8.3 For the purpose of this Participation Agreement, the Participant warrants that it has the right to offer to the public all events, tours, venues, accommodations, attractions, goods and services that are represented as being a part of its business and is not doing so on behalf of any person or entity. 8.4 The Participant acknowledges that FCC has absolute discretion to alter the Purpose or any services that are to be provided pursuant to the Participation Agreement that are reasonably necessary and without notice arising out of any pandemic or the outbreak of an infectious or contagious human disease under the Biosecurity ▇▇▇ ▇▇▇▇ (Cth).

Liability and Release. 8.1 FCC and FVIC (including officers, employees and its contractors) are not responsible for and are released by the Participant from any claims for loss of whatsoever kind (including consequential loss), damage or injury in relation to: 8.1.1 any matter and/or arising out of the Purpose due to circumstances beyond FCC’s and FVIC’s reasonable control including pandemic or the outbreak of an infectious or contagious human disease under the Biosecurity ▇▇▇ ▇▇▇▇ Act 2015 (Cth). 8.1.2 the use, inoperability or failure of any FCC or FVIC controlled or operated website including ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, FVIC’s booking services or any other participation benefits or services. 8.2 The Participant will fully indemnify FCC and FVIC (and its officers, employees, agents and contractors) against any and all liability, claims, loss (including consequential loss) damage or costs incurred (including legal costs on a full indemnity basis) arising from or in connection with any of the following: 8.2.1 any breach by the Participant of this Participation Agreement. 8.2.2 any information or details provided by the Participant or its agents or contractors to FCC or the public about any attraction, accommodation, tours, events, products or services. 8.2.3 any confirmed bookings made through FVIC that are not fulfilled by the Participant for any reason including sale of business, overbooking, unforeseen circumstances such as damage or natural disasters, pandemic or the outbreak of an infectious or contagious human disease under the Biosecurity ▇▇▇ ▇▇▇▇ Act 2015 (Cth). 8.2.4 any person(s) who visit or stay at the Participant’s business, venue, accommodation or who is involved or attends the Participant’s tours, events or attractions or uses any of its products or services or which are promoted or offered by the Participant. 8.3 For the purpose of this Participation Agreement, the Participant warrants that it has the right to offer to the public all events, tours, venues, accommodations, attractions, goods and services that are represented as being a part of its business and is not doing so on behalf of any person or entity. 8.4 The Participant acknowledges that FCC has absolute discretion to alter the Purpose or any services that are to be provided pursuant to the Participation Agreement that are reasonably necessary and without notice arising out of any pandemic or the outbreak of an infectious or contagious human disease under the Biosecurity ▇▇▇ ▇▇▇▇ Act 2015 (Cth).