Run4Blue Virtual Run 2024 | Run4Blue Registration

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Participant Waiver – 2024 Run4Blue

Agreement, waiver, release of claims, warning of risk and assumption of risk

You must read this document carefully before signing. This waiver has important legal consequences and may limit or eliminate the ability of you or your representatives to bring future legal actions or obtain compensation, including in the event of your injury or death.

It is a condition of your entry into and participation in this virtual event, 2024 Run4Blue (the Event), that you accept these terms and conditions. If you do not accept all the below terms and conditions, you must not enter or participate in the Event. For competitors under the age of 18 years, a parent or guardian must read this document carefully before signing and accepting the below terms and conditions on behalf of the participant.

I understand, by accepting these conditions, I accept and agree to all of the following statements in exchange for being permitted to participate in the virtual event, 2024 Run4Blue (the Event) organised by Run4Blue (the Event Organiser). These terms and conditions may be changed from time to time, without notification:

I acknowledge and accept that participation in the Event may involve the risk of temporary or permanent physical injury or harm (injury) or even death, arising from various hazards including but not limited to: personal injury, slippery and uneven surfaces, breakages or defects of or to equipment, burns, dehydration, overexertion, accidents with other participants or accidents in the course of participating in the event, risks arising from facilities provided for, associated with or used during the event, accidents with spectators or venue users and weather conditions.
I acknowledge and accept that injury or death may result not only from my actions (including physical exertion) but also from the actions, omissions or negligence of other people in connection with the Event.
I understand and agree that participation in the Event, separately and cumulatively, may constitute a dangerous recreational activity.
I warrant I have sufficient and necessary competence, training and experience to participate in the Event. I further warrant that I will wear any required safety clothing and equipment during the event, including but not limited to enclosed walking style shoes.
Prior to participating in the Event, I have had the opportunity to consult a medical practitioner. I agree it is my responsibility to determine whether I am sufficiently fit, healthy, skilled and physically trained to safely participate in the Event, and I undertake to withdraw from the Event and not participate if on the date of the Event I am not in good health and proper physical condition. I warrant that I have no physical, medical or mental conditions of which I am aware or should be aware that would affect my ability to safely participate in the Event, or which would result in my participation creating a risk of danger to myself or others, greater than the risk assumed by a healthy person of a similar age as me. I further warrant I have not been advised or cautioned by a medical practitioner not to participate in the Event.
I consent to receiving any first aid and medical treatment which may be deemed advisable in the event of accident, injury and/or illness as a result of my involvement in the Event.
I acknowledge that the Event Organiser is not the owner of the Event site, which may include public land, and I understand and agree that the owner(s) of the event site owes no duty of care or contractual obligations to me.
I acknowledge and accept that there is a risk of loss, theft, damage and destruction to my personal property at the Event. I agree that I am solely responsible for the security my personal possessions and equipment before, during and after the Event.
In consideration of being allowed to participate in the Event, I (on my own behalf and on behalf of my executors, administrators, heirs, next of kin, successors and assigns);

to the maximum extent permitted by law, agree that the Event Organiser Run4Blue including its respective officers, employees, agents, events sponsors, volunteers, community organisations and support groups, is not liable to me or any person whether in contract, tort, under statute or otherwise for any physical or mental injury, aggravation, acceleration or recurrence of a physical or mental injury, contraction, aggravation or acceleration of a disease, the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual or community, or that may result in the harm to the individual or community resulting from a failure of the Event Organiser, any illness, loss, damage, death, economic loss whatsoever suffered by me, whether consequential, direct or indirect, caused by or connected with my participation in the Event (collectively referred to as the “harm”), including harm suffered by me due to any person’s negligence; and
irrevocably indemnify release and hold harmless the persons and entities mentioned in subparagraph (a) above from and against any and all liabilities, claims or actions (including for negligence) whatever or however caused, arising as a result of or in connection with, directly or indirectly, my participation in and travelling to and from the Event, including any claim by any person assisting me. I agree to assume all risk to both my property, property in my possession and risk to myself during the event.

I am advised to obtain, and I remain responsible for obtaining, my own insurances and cover (including full private health insurance and adequate income protection insurance).
I understand the Event Organisers reserve the right to alter or change any arranged activities or close, postpone, reschedule or cancel the Event at their discretion, including for the following reasons: if natural or man-made emergencies make administering the Event unreasonable due to weather conditions, natural disaster, acts of god, terrorism, war or any other reason (at the Event organisers’ discretion).
Any transaction costs paid to a third party booking platform will not be refundable.
I acknowledge that any donation made to the Event Organiser or via any third party fundraising platform is non-refundable.
I acknowledge that in the course of the event, photographs, images or film may be taken of me, either alone or in a group. I agree to the use of these images for the use of the Event Organiser or sponsors in publications or websites in the future. I agree that the Event Organiser may use my name in conjunction with those images, and I agree that this may be used in connection with the publicity or reporting of the event publicity.
I agree to act appropriately at all times at the Event, including obeying all laws, regulations, Event rules and the directions of Event officials and I understand that my entry may be voided if through my actions or behaviour, in the opinions of the Event Organisers, if I have broken these rules, any law or regulation or brought the Event into disrepute. I further understand that the Event Organisers reserve the right to reject any entry without having to justify or give reasons for their actions. I also acknowledge that I will not use this event for any inappropriate or offensive purposes.
I grant permission to Run4Blue (and its affiliates or contractors) to record and photograph my involvement in the Event (the “Recordings”) and to use such Recordings (including all content on those Recordings) in any media and for any purpose without my consent or crediting me and without payment and/or compensation to me. The Recordings are the sole property of Run4Blue to use for any purpose, including but not limited to its promoting, advertising and marketing activities. To the extent I may own the Recordings or any content in the Recordings, I hereby assign the Recordings and such content to Run4Blue.
I acknowledge and agree that I may choose to upload photographs, images or film to social media platforms, either alone or in group shots with others as part of my involvement in the Event (the “Uploads”) and I grant a non-exclusive license to the Event Organiser, Run4Blue to use such Uploads (including all content on those Uploads) in any media and for any purpose without my consent or crediting me and without payment and/or compensation to me. The Uploads are the sole property of Run4Blue to use for any purpose, including but not limited to its promoting, advertising and marketing activities, without payment and/or compensation to me. I also confirm that I am the creator and copyright owner of the Uploads that I upload or share, and I have the permission or consent of all persons in the Uploads (including parental consent if required). The Event Organiser is not responsible for removing any of such Uploads stored subsequently by third parties including search engines.
I understand that my registration for the Event is not transferable to other people.
I understand that this participant waiver constitutes a “risk warning” under the Civil Liability Act 2002 (NSW).
The Event and the terms herein are governed by the jurisdiction and laws of Australia.

COVID 19 Conditions

I agree that it is my responsibility to understand and comply with:
COVID-19 rules, orders, guidelines and advice issued by the Government and Health Agencies (or the orders and advice of the State or Territory that I am in at any one time) and any requirements of the Event Organiser including but not limited to the requirement to wear masks, checking into venues, vaccination requirements and social distancing;

INTELLECTUAL PROPERTY

I understand that all intellectual property rights in relation to the Event and all content associated with it are owned and licensed by the Event Organiser. You may only use such material for the purpose of participating in the Event.

Individual: *

I have read and fully understand the above important information, warning of risk, assumption of risk, waiver and release of claims and certify I am 18 years of age or older.

Are you a parent/guardian registering for a minor under the age of eighteen? *

Yes
No

Parent/Guardian: *

I certify that I am the parent/guardian of the individual named in the waiver, a minor under the age of eighteen years. I have read and fully understand the above important information, warning of risk, assumption of risk, waiver and release of claims. I hereby agree to assume legal responsibility for his/her authorisations referred to in this general waiver.

Site Terms and Conditions

Terms & Conditions of Run4Blue Virtual Run 2024

Currently there are no specific Event Terms and Conditions, please refer to the gofundraise.com.au site Terms & Conditions for further information.

Site Terms and Conditions

These Terms must be read together with any Terms and Conditions specific to a particular event (Event Terms) which are located on the fundraising page for that event. If there is any conflict between these Terms and any Event Terms, then these Terms will prevail to the extent of the inconsistency.

Introduction and acceptance of terms

Welcome to the GoFundraise fundraising platform. This website is owned and operated by GoFundraise Pty Ltd Suite 8, 17 Thurlow St, Redfern NSW 2016 (GoFundraise, We, Us). The use of this website, and all services and online tools (the Platform) that GoFundraise makes available to donors, registrants and other users of the GoFundraise service (Users, You, Your) is governed by these Terms & Conditions (Terms). Your access and use of the Platform constitutes your agreement with, and acceptance of these Terms, and if You do not accept these Terms You may not use or continue to use the Platform.
These Terms and Conditions may change or be updated from time to time and it is Your responsibility to ensure that You remain in agreement with the current Terms posted on this Platform.
By Accepting these Terms and Conditions you are also agreeing that you have read and understood our Privacy Policy .

Overview

The Platform is an online fundraising facility. GoFundraise acts as agent of the Not-For-Profit Organisations (NFPs) and other users of the Platform facilities (Other Clients) (Other Clients and NFPs together and each a Beneficiary) with limited authority adequate to facilitate the collection, accounting and payment of funds raised. The GoFundraise agency is limited to the delivery of online services and consequential accounting. Beneficiaries and Users are given access to functionality that enables them to create fundraising campaigns, build web pages and contact their networks. All such actions are the actions of the relevant Beneficiary or User. As a general proposition, GoFundraise accepts no liability whatsoever for the actions of Beneficiaries or Users on the Platform.
Every Not-For-Profit Organisation (NFP) listed on this Website has a contract with GoFundraise authorising Us to collect donations on its behalf, and we take reasonable steps to substantiate the Not-For-Profit status of NFP’s during the registration and contracting process.
Despite clause 6, GoFundraise accepts no liability for ensuring that any Beneficiary applies the proceeds received from a donation in any particular way. If a User is dissatisfied with a Beneficiary's use of any donation the User makes through the Platform, the User should contact that Beneficiary directly.

GoFundraise fees

GoFundraise may either offer an “optional contribution” model or at the request of the beneficiary, event organiser or platform a “traditional” service fee model with or without a Donor pay option.
Optional contribution
Under the “optional contribution” model, the beneficiary, event organiser, corporate or platform may designate that GoFundraise will advise the donor that there is the option to contribute to the running of the platform. Under this option, GoFundraise does not charge a “Traditional/Standard” service fee to the charity or beneficiary. Your support is appreciated to continue to offer this platform fee service.

Standard arrangement
GoFundraise offers NFPs flexible fee options. Under the standard fee arrangement, GoFundraise may also at the request of the beneficiary, event organiser or platform offer a "traditional" service fee model of a small service fee typically between 0% - 6% (depending on the plan of the Beneficiary and where donation is facilitated) for its services. The fee is deducted from gross donations collected on behalf of the Beneficiary. Regular giving payments are charged at 1.95% Service Fee + GST to the Beneficiary plus card transaction fees. Other transactions are charged at the rate based on their plan.

Special Event Fees
Some event organisers, beneficiaries, corporates of similar may charge a “Special Event” fee to offset the costs of administering the event this fee will be stipulated within the terms and conditions of the event and beneficiaries can choose to opt out of the event if they choose. Standard transaction charges are paid, unless otherwise stipulated by the beneficiary. GoFundraise reserves the rights to change the service fee model at anytime, all donations will occur at the described rate at the time of transaction.

Donor Pays Option
Beneficiaries may, at their option, choose one of GoFundraise’s Donor Pay Option arrangements for recovery of the fees required for the Platform to continue to provide its services. If the Beneficiary chooses these Options, then the donor is asked to tip to GoFundraise a sum of their choosing or a percentage uplift to the beneficiary to off-set the Platform Fee or to match the fees charged under the standard arrangement.
GoFundraise also recovers credit card processing fees from the gross donations. These are currently at the market rate of 1.1% (inc gst) + $ 0.20 (inc gst) per transaction for Visa & Master Card, and 1.98% (inc gst) for American Express and 2.1% for Paypal (GST exempt), Stripe charged at the designated rate based on the beneficiaries plan. These fees are subject to change without notice. Transactions to multiple organisations in a transaction may incur an additional $ 0.20 fee per beneficiary.
If GoFundraise provides services additional to the collection of donations through the Platform at the request of a Beneficiary, then fees for those specific services apply.

Credit card payments

Any donation, purchases or other transactions made through the Platform by a User inserting that User’s credit card details is final and not disputable. Where there has been an unauthorised use of a User’s credit card, and the unauthorised nature of that use is proved on the balance of probabilities, then the donation will be refunded unless it has already been credited to the relevant Beneficiary.

Regular Giving payments

Regular Giving is a functionality that provides Users the opportunity to schedule regular donations. A User can modify the amount and frequency of a Regular Giving payment up to 72 hours prior to a scheduled payment. The User may update this information through the 'My Donations & Purchases' area, located under 'My Account'. The minimum regular giving payment is $ 2.00 AUD.
A user can cancel their Regular Giving donation at anytime through their GoFundraise User Account (see How to cancel a Regular Giving donation ). Cancellations take up to 7 working days to take effect. Any payment that occurs before this time cannot be cancelled and will not be refunded by GoFundraise. Users will be notified via email that your payment has been cancelled. It is the Users responsibility to ensure that cancellations have been made, if you do not receive a confirmation within 7 days please contact GoFundraise Customer Care.

Ticket Sales and Raffles

The Platform provides Beneficiaries of a specific account class with the functionality necessary to conduct raffles and sell tickets to events. GoFundraise makes no representations as to the compliance by Beneficiaries with the laws applicable to the conduct of events or raffles. Users must establish to their own satisfaction the propriety or otherwise of such raffles and ticketed events by contacting the relevant Beneficiary directly. Any disputes about raffles must be directed to the raffle organiser.
Payments made by Users through the Platform for Raffle tickets are non-refundable. Please choose carefully.

User registration

You may use the platform anonymously without registering. When you do this some information such as your IP address, location and site usage may be collected.
You may also register Your details and be added to the Platform database. Acceptance of Your registration and the continuation of it will be subject to these Terms and the GoFundraise Privacy Policy .

Passwords

You must keep Your personal login information safe, private and secure at all times. This extends to:
1. not allowing any other person to use their login information or hold themselves out as You;
2. not disclosing, or allowing a copy to be discovered of the login information of the User; and
3. regularly updating any passwords or other unique identifiers used in conjunction with the login process to minimise the chance of misuse of login information.

Indemnity for misuse of Your login information

GoFundraise accepts no liability for acts carried out by any person using Your personal login information, and You indemnify GoFundraise from any costs, expenses or damages paid or payable by GoFundraise in connection with your breach of clause 19.

Personal fundraising pages

Users who have registered with GoFundraise may establish a fundraising page or pages (Personal Page) on the Platform to fundraise for a Beneficiary. All external funds raised by a User with a Personal Page must be donated exclusively through the Platform except for funds collected off-line.
Where a registered User builds a personal fundraising page or Event in favour of a Beneficiary, the Beneficiary must be first registered on the Website. The creation by a User of a Personal Page, Event or Microsite in no way implies the endorsement of the fundraising or other activity promoted on the page by GoFundraise or the Beneficiary.
GoFundraise reserves the right to delete, close or suspend a Personal Page, and/or Event at it’s discretion. Also if a Beneficiary or Event Organiser gives GoFundraise written notice that it deems a fundraising activity promoted on a Personal Page or Event to be inappropriate or unnecessarily dangerous or not desirable, GoFundraise will use it’s discretion to take appropriate action.
Where a User builds a Personal Page on the Platform, the User must ensure that the data, including without limitation all text, pictures, graphics, audio, video, images and other data or information uploaded to the Personal Page does not:
1. infringe the intellectual property rights (including copyright) of any third party.
2. detrimentally affect the brand or reputation of GoFundraise, any Beneficiary or any affiliates or partners of GoFundraise;
3. be misleading or deceptive as to the nature, type, service or benefits of the Content;
4. be misleading as to that User’s identity or affiliation with any person or group
5. contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
6. encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful acts; or
7. contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racist or violent nature.
In addition, You must not use the Platform to:
1. send junk email, sms or spam to people who do not wish to receive email from You;
2. conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
3. interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the GoFundraise systems;
4. provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by another User.
Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
GoFundraise does not actively and/or continuously moderate the Personal Pages built on the Platform but reserves the right to remove or edit any Content posted on the Platform at its sole discretion and without notice, regardless or whether or not it is, in the opinion of any third party, in breach of these Terms and Conditions. If a User notices any Content posted in breach of these Terms or that the User considers otherwise offensive or unlawful, the User should contact GoFundraise at {support@gofundraise.com.au}

User IP

The User warrants that all Content uploaded by the User to a Personal Page or otherwise (User IP) is owned by the User or the User has the necessary rights and/or permissions to:
1. use the Content for the purposes of the Personal Page; and
2. to grant the licence comprised in clause 29,
and the User indemnifies GoFundraise from any costs, expenses, claims or damages paid or payable by GoFundraise in connection with a claim by any person that the User IP infringes the Intellectual Property Rights of that person.
The User grants to GoFundraise a royalty free, worldwide, non-exclusive, transferable, licence to use, copy, perform, modify and create derivative works of the User’s Content, in whole or part, as contemplated by these Terms.
The User acknowledges and agrees that upon receipt and notice of any claim under this section, GoFundraise may immediately remove any User content from the Platform without liability. Any claims of any complaining party will be referred to the User.

Authorisation to Fundraise

If You are raising funds for an Authorised Fundraiser (charity or cause) within New South Wales You will be issued with an Authorisation to Fundraise (ATF) by your chosen charity or cause (Authorised Fundraiser) as is required under the Charitable Fundraising Act, 1991 (NSW). ATF will be signed by GoFundraise on behalf of the Authorised Fundraiser and will confirm that you are authorised to fundraise consistent with the information that you have specified. The ATF will commence on the date You create a fundraising page and expire on the date specified and if no date is specified then six months after the creation date. You will only be authorised to fundraise, whether as a face-to-face collector as discussed in clause 32 or through Your fundraising page only, through the Platform, where receipts will be automatically emailed to Donor.

Fundraising face-to-face

If You wish to solicit funds from the public face to face for the Authorised Fundraiser, You may do so under the terms of the ATF and in accordance with the Code of Conduct and Fundraising Guidelines. To conduct face-to-face fundraising You must download, print out and wear your Identification badge at all times when You are soliciting funds from the public. The badge must be returned to the Authorised Fundraiser when the fundraising has ended. The necessary identification badge & ATF may be accessed via the "Authority to Fundraise" tab located in the “My Fundraising Page” area of Your account.

Code of Conduct & Fundraising Guidelines

By creating this Fundraising Page You also agree abide by the Authorised Fundraiser's Code of Conduct (COC) or Fundraising Guidelines, which may also be located in Your "My Fundraising Page" area. If You are unaware of what these are then please contact Your Authorised Fundraiser for a copy. If You do not agree to abide by these conditions then You must not create a fundraising page, or if You have already created the page, delete it immediately.

Termination of Use

GoFundraise reserves the right to reject a registration application or terminate use of the Platform by a registered User without cause or any obligation to discuss the matter with that User. Without limiting the rights reserved in this clause, We may terminate the use of the Platform by a User if:
1. a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about the User and his/her/its;
2. conduct in using the Website;
3. You breaches these Terms and Conditions, whether the breach is material or otherwise;
4. if We deem Your behaviour to be unacceptable (as solely determined by us).

Intellectual Property Rights

For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:
1. patents, copyright, rights in circuit layouts, registered and unregistered designs, registered and unregistered trademarks, knowhow and the right to have confidential information kept confidential; and
2. any application or right to apply for registration of any of the rights referred to in paragraph (a).
GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the Platform. A User must not:
1. assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
2. reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the underlying materials containing the Intellectual Property Rights in the Platform in any way, whether directly or indirectly, or authorise any other person to do so
No use of Content on the Platform is permitted without the prior written consent of GoFundraise, and where applicable, the licensor to GoFundraise of the applicable rights.

No warranties

GoFundraise will make reasonable commercial efforts to maintain the performance of the Platform and continue to deliver services to Users. Despite this clause, the User acknowledges and agrees that GoFundraise cannot and does not guarantee continuous operation of the Platform or the integrity of the data stored or transmitted in or through the Platform or the public Internet. The disclaimer of warranties in this clause replaces all other representations or warranties, whether statutory, express or implied that may have been made by GoFundraise or be found in these Terms or in the relationship between GoFundraise and Users and all such representations and warranties that may be excluded at law are excluded.

Limitation of liability and indemnity by User

GoFundraise will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any damages for lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from:
1. the use of the Platform by a User;
2. the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
3. 38(c) the representations, opinions or activities of Beneficiaries made on or through the Platform.
The User indemnifies and holds GoFundraise, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:
1. the use or misuse of the Platform by the User;
2. Content uploaded by the User;
3. the breach by the User of these Terms; or
4. any liability arising out of the use of a User’s account.

Notices

A party notifying or giving notice to GoFundraise under these Terms must do so by notice:
1. in writing;
2. addressed to GoFundraise at the address set out at the beginning of these Terms; and
3. left at or sent by prepaid post, facsimile or email to that address.
A notice given in accordance with clause 41 above, will be deemed received:
1. on the date of delivery, if left at the recipient’s address;
2. Five days after the date of posting if sent by prepaid post; and
3. if sent by facsimile, when the sender’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice unless, within eight business hours after that transmission, the recipient informs the sender that it has not received the entire notice; and
4. if sent by email, on the day the email is sent (as long as the sender has not received a delivery failure message in relation to that email).

Jurisdiction

The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.

Survival

Clauses 24, 25, 28, 29, 39, 40, 41, 42, survive termination or expiry of these Terms as between GoFundraise and the User.

General

These Terms and Conditions and the GoFundraise Privacy Policy constitute the entire understanding and agreement between the User and GoFundraise and supersede any and all prior oral or written communication on the subject matter contained in them.
If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder will not be affected.
All prices are in Australian Dollars unless stipulated otherwise.
Terms & Conditions updated January 2024

I accept the terms and conditions above & I have read the Collection Policy before providing my personal information.
I would like to receive further information about this event or cause.

Run4Blue Virtual Run Festival Registration

Your Details

Mailing Address

Event Details

Fundraising For Run4Blue

How To Fundraise:

Fundraise For A Police Legacy:

Your Team Fundraising Page

Your Fundraising Page

Optional Donation

Participant Waiver – 2024 Run4Blue

Participant Waiver – 2024 Run4Blue

Site Terms and Conditions

Site Terms and Conditions

Introduction and acceptance of terms

Overview

GoFundraise fees

Optional contribution

Standard arrangement

Special Event Fees

Donor Pays Option

Credit card payments

Regular Giving payments

Ticket Sales and Raffles

User registration

Passwords

Indemnity for misuse of Your login information

Personal fundraising pages

User IP

Authorisation to Fundraise

Fundraising face-to-face

Code of Conduct & Fundraising Guidelines

Termination of Use

Intellectual Property Rights

No warranties

Limitation of liability and indemnity by User

Notices

Jurisdiction

Survival

General