If a drop leads to a claim, you cover FreeWoodChips.ca. We only introduce residents and crews. We do not drive the truck or own the yard.
You agree to indemnify, defend, and hold harmless FreeWoodChips.ca, its operator, directors, officers, volunteers, and contractors (the “Released Parties”) from and against any and all claims, demands, actions, damages, losses, injuries, costs, and expenses (including reasonable legal fees) that arise out of or relate to: (a) your use of FreeWoodChips.ca; (b) a listing, claim, rating, or message you post; (c) a wood-chip, log, or debris dump at a site you listed or claimed; (d) injury to any person, or damage to property, vehicles, utilities, plantings, septic systems, pavement, or neighbouring land; (e) dumping or listing on land you did not have the legal right to use, including public land; (f) your breach of these terms; or (g) a dispute between a resident and a crew.
This indemnification applies even if a claim alleges that a Released Party was negligent in operating the matching board, except that you are not required to indemnify a Released Party for that party’s own fraud or wilful misconduct.
You agree that FreeWoodChips.ca is a matching venue only. You will not name FreeWoodChips.ca as a contractor, supervisor, carrier, or insurer of a dump. You will look first to the other party to the dump, and to your own insurance, for any loss connected to a drop.
If a Released Party is pulled into a claim covered by this clause, you will, at your expense, cooperate in the defence and will not settle a claim that imposes an obligation on a Released Party without that party’s prior written consent, not to be unreasonably withheld.