Lezigo logo

Lezigo Organizer Agreement

Legal terms for event organizers on the Lezigo platform

This Organizer Agreement (the "Agreement") is entered into by and between INTHEPOND AUSTRALIA PTY LTD (ACN 665 099 217) operating as Lezigo ("Lezigo", "we", "us", or "our"), and you, the individual or entity using the Lezigo platform to list and organize activities ("Organizer", "you", or "your").

WHEREAS, Lezigo operates an online platform (the "Platform") that connects individuals seeking to participate in activities with Organizers who offer such activities;

WHEREAS, the Organizer wishes to use the Platform to list and promote their activities;

WHEREAS, Lezigo provides a platform for connection and listing only, and is not involved in the actual execution, management, or success of the activities;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. Lezigo's Role and Scope of Service

1.1. Platform Provider Only:

Lezigo's role is strictly limited to providing a platform for Organizers to list and promote their activities and for participants to discover and book such activities. Lezigo does not organize, host, manage, supervise, or control any activities listed on the Platform.

1.2. No Endorsement or Guarantee:

Lezigo does not endorse, guarantee, or warrant the quality, safety, legality, or suitability of any activity or any Organizer. Any references to an Organizer being "verified" or "trusted" (or similar language) indicate only that the Organizer has completed a relevant verification process on the Platform and does not constitute an endorsement, certification, or guarantee by Lezigo of the Organizer or the activity.

1.3. Independent Contractors:

The relationship between Lezigo and the Organizer is that of independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between the Organizer and Lezigo. The Organizer has no authority to bind Lezigo in any respect.

2. Organizer's Responsibilities and Acknowledgments

2.1. Sole Responsibility for Activities:

The Organizer acknowledges and agrees that they are solely and exclusively responsible for all aspects of any activity they list and organize on the Platform, including but not limited to:

  • a. Safety: Ensuring the safety and well-being of all participants, including compliance with all applicable health and safety regulations, provision of necessary safety equipment, and appropriate supervision.
  • b. Legality and Compliance: Ensuring that the activity complies with all applicable local, state, and federal laws, regulations, permits, licenses, and industry standards in Australia, including but not limited to those related to public gatherings, alcohol consumption, food safety, child protection, and environmental protection.
  • c. Accuracy of Listing: Providing accurate, complete, and truthful information in their activity listings, including descriptions, dates, times, locations, pricing, participant requirements, and any disclaimers or warnings.
  • d. Insurance: Obtaining and maintaining all necessary and adequate insurance coverage for the activity, including public liability insurance, to cover any potential risks, liabilities, damages, injuries, or losses that may arise from the activity.
  • e. Participant Satisfaction: Ensuring the quality and satisfactory execution of the activity for all participants.
  • f. Success of Activity: The overall success or failure of the activity, including participant attendance and revenue generation.
  • g. Cancellation and Rescheduling: Managing all aspects of activity cancellation or rescheduling, including communication with participants and any related refunds or credits, in accordance with the Organizer's stated cancellation policy.
  • h. Participant Conduct: Managing the conduct of participants during the activity.

2.2. Assumption of Risk by Organizer:

The Organizer understands and acknowledges that organizing activities inherently involves risks. The Organizer voluntarily assumes all risks associated with their activities, including the risk of property damage, personal injury, illness, or death to themselves or to participants, and any other losses or damages.

2.3. No Reliance on Lezigo:

The Organizer acknowledges that they have not relied on any representations, warranties, or statements made by Lezigo regarding the suitability, safety, legality, or success of any activity.

3. Disclaimers and Exclusion of Liability

3.1. NO WARRANTIES:

THE PLATFORM AND ALL CONTENT THEREON ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LEZIGO DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED.

3.2. EXCLUSION OF LIABILITY:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEZIGO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

  • a. THE ORGANIZING OR PARTICIPATION IN ANY ACTIVITY LISTED ON THE PLATFORM;
  • b. THE CONDUCT OF THE ORGANIZER OR ANY PARTICIPANT;
  • c. ANY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER HARM SUFFERED BY ANY PARTICIPANT OR THIRD PARTY DURING AN ACTIVITY;
  • d. THE FAILURE OF AN ACTIVITY TO MEET ANY EXPECTATIONS OR TO BE CONDUCTED AS DESCRIBED;
  • e. ANY CANCELLATION OR RESCHEDULING OF AN ACTIVITY;
  • f. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY;
  • g. ANY ERRORS OR OMISSIONS IN ANY CONTENT; AND/OR
  • h. ANY DISPUTES BETWEEN ORGANIZERS AND PARTICIPANTS.

3.3. No Liability for Third-Party Actions:

Lezigo expressly disclaims any and all liability for the acts, omissions, and conduct of any third parties, including but not limited to Organizers, participants, and any other users of the Platform.

4. Indemnification

4.1. Organizer Indemnity:

The Organizer agrees to indemnify, defend, and hold harmless Lezigo, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or in connection with:

  • a. Your breach of this Agreement;
  • b. Your organizing of any activity, including any injury, death, or property damage sustained by participants or third parties;
  • c. Your violation of any applicable law, regulation, or third-party rights;
  • d. Any content you submit, post, transmit, or make available through the Platform; and
  • e. Any disputes or issues between you and any participants or third parties.

5. Term and Termination

5.1. Term:

This Agreement commences on the date you first access or use the Platform as an Organizer and continues until terminated by either party in accordance with this Agreement.

5.2. Termination by Lezigo:

Lezigo may terminate this Agreement and your access to the Platform at any time, with or without cause, by providing notice to you. Without limiting the foregoing, Lezigo may terminate this Agreement immediately if:

  • a. You breach any material term of this Agreement;
  • b. We believe, in our sole discretion, that your actions may cause legal liability for Lezigo or other users; or
  • c. Your activities or conduct are deemed harmful to the reputation or operation of the Platform.

5.3. Effect of Termination:

Upon termination, your right to use the Platform as an Organizer will immediately cease. All provisions of this Agreement that by their nature should survive termination, including but not limited to disclaimers, exclusions of liability, and indemnification provisions, shall survive termination.

6. Governing Law and Jurisdiction

6.1. Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law principles.

6.2. Jurisdiction:

The parties agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia, for the resolution of any disputes arising out of or relating to this Agreement.

7. General Provisions

7.1. Entire Agreement:

This Agreement constitutes the entire agreement between the Organizer and Lezigo regarding the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

7.2. Severability:

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

7.3. Waiver:

The failure of Lezigo to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

7.4. Assignment:

The Organizer may not assign or transfer this Agreement, by operation of law or otherwise, without Lezigo's prior written consent. Any attempt by the Organizer to assign or transfer this Agreement without such consent will be null and void. Lezigo may assign or transfer this Agreement at its sole discretion.

7.5. Notices:

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, or sent by email to the addresses provided by each party.

This agreement is governed by the laws of Victoria, Australia.

For questions about this agreement, please contact: hello@inthepond.com.au