9.1 You will indemnify us (and any of our officers, employees, agents or contractors) against all liabilities, losses, damages, costs and expenses suffered or incurred by us or them arising from:
(a) any third party claim brought or threatened against us or them arising from your breach of the Agreement, your negligence, or any other wrongful act or omission on your part or the part of any Attendee;
(b) any third party claim brought or threatened against us or them otherwise connected with the Event or your use of the Venue (except to the extent such claim is attributable to our breach of the Agreement or our negligence);
(c) any damage to our premises, damage to or loss of any property at our premises, or injury to any person caused by any Attendee; or
(d) your breach of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Attendee.
9.2 We will notify you promptly if we become aware of any claim against which you are required to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay.
9.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the Event, providing such details as we may require.
9.4 We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales process.
9.5 We are not liable to you for business losses. We are providing our services to you for personal or private use. If the Event is for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.6 We are not liable for Delegates’ losses. We will not be liable to you for loss of or damage to any property owned or hired by you or any Delegate, except to the extent such loss or damage is our fault. We will not be liable to you for any loss suffered or incurred by you or any Delegate arising from any termination of this Agreement.
9.7 We are not liable for your acts or those of your Delegates. We shall not be liable to you for any loss you suffer arising from your own actions or omissions or those of your Delegates or those of any third party supplier (unless they are our sub-contractor). In particular, if we are not able to perform any obligations under the Agreement, or are delayed in performing them, as a result of those actions or omissions, we will not be liable to you.
9.8 Our liability is limited. Our total aggregate liability to you under this Agreement, or in connection with its subject matter, will not exceed:
(a) where you are a consumer (i.e. a private individual, for example booking a wedding or party), an amount equal to one hundred and twenty-five per cent (125%) of the total Price, if our liability arises due to our failure to perform our services with reasonable skill and care or to provide them in accordance with the main characteristics identified in the Proposal; or
(b) in all other circumstances an amount equal to the sums paid by you to us under this Agreement.
Because our liability to you is generally limited, and because we do not accept liability for matters outside our control, we strongly recommend that you take out appropriate event insurance.
9.9 Where our liability is not limited. Nothing in the Agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other matter for which liability cannot lawfully be limited or excluded.