1.1 The Licensee shall indemnify The Royal Parks fully against all claims, proceedings, actions, damages, legal costs, expenses and any other liabilities in respect of any death or personal injury, loss of or damage to property, which is caused directly or indirectly by any act or omission of the Licensee PROVIDED ALWAYS that the The Royal Parks shall be at liberty to settle as it may think fit after consultation with the Licensee any such actions claims or demands by payment of such sum or sums as it in his discretion may consider reasonable and it may in his discretion after giving notice in writing to the Licensee cause any such damage to be made good and the expenses incurred by the The Royal Parks in doing or in making any such payment shall be repaid by the Licensee to the The Royal Parks on demand PROVIDED NEVERTHELESS that the Licensee shall not be required to pay by way of indemnity any sum greater than that which would be reasonably payable in settlement having regard to the circumstances of the case and in particular (where the payment is legally enforceable) to the damages which might be recoverable at common law.
1.2 Subject to clause 1.3, the The Royal Parks is not liable for:
- the death of, or injury to the Licensee, its instructors or clients visiting the Park; or
- damage to any property of the Licensee or that of its staff or clients visiting the Park; or
- any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by Licensee or its staff, or clients visiting the Park under the rights granted by this Licence.
1.3 Nothing in clause 1.2 will limit or exclude the The Royal Parks’ liability for:
- death or personal injury or damage to property caused by negligence on the part of the The Royal Parks or its employees or agents; or
- any matter in respect of which it would be unlawful for the The Royal Parks to exclude or restrict liability.