Between The Indoor Climbing Centre Pty LTD T/A CityROCK, hereafter referred to as
And The Climber, or any person entering CityROCK, hereafter referred to as the
CityROCK and the Participant/Observer have entered into an agreement in terms whereof CityROCK has allowed the Participant/Observer to make use of its facilities on the terms and conditions below.
The Participant/Observer understands that participation in, or observing of the sport of rock climbing and the use of CityROCK’s indoor climbing wall, studio and fitness area includes certain dangers and risks:
- Injury sustained in a fall and hitting the wall, projections (permanent or temporary in place), or the floor (including any object or objects resting on the floor).
- Injuries resulting from rope management error and normal rope activity on the premises (including abrasion, entanglement, belaying, rappelling and lowering, and rescue scenarios).
- Injury due to falling climbers or objects.
- Cuts and abrasions resulting from bodily contact with the climbing wall.
- Failure of harnesses, ropes, slings, carabiners or any other hardware or part of the climbing systems and structures.
- Failure to tie the rope into the “tie in loops” of the harness.
- Failure to correctly use any of the equipment whatsoever.
- Failure to listen to and obey any instructions issued by CityROCK staff.
- If I experience any pain or discomfort, I will listen to my body, discontinue the activity, and ask for support from the instructor.
- I assume full responsibility for any and all damages, injuries and possible death, which may incur through participation.
- Yoga/pilates is not a substitute for medical attention, examination, diagnosis or treatment.
- I will make the instructor aware of any medical conditions or physical limitations before studio classes.
- If I am pregnant, become pregnant or I am post-natal or post-surgical, my signature verifies that I have my physician's approval to participate.
- I also affirm that I alone am responsible to decide whether to particiapate and participation is at my own risk.
The Participant/Observer further acknowledges that this list is not inclusive of all possible risks and dangers associated with the use of CityROCK’s facilities. The previous list in no way limits the extent or reach of this disclaimer.
The ability of the Climber/Observer to climb in CityROCK gives no indication of his/her ability to climb on natural rock in the outdoor environment.
I hereby grant permission to CityROCK to use photographs and/or video of me taken during events and climbing sessions in publications, news releases, online, and in other communications related to CityROCK. If permission is not granted, the responsiblity falls upon the participant to inform the photographer.
THEREFORE IT IS AGREED UPON AS FOLLOWS:
The Participant/Observer acknowledges that the activity in which he/she participates in by its very nature dangerous and carries inherent risks. These risks could cause him/her to sustain bodily injury or death and/or suffer damages and the Participant/Observer waives any claim however arising, including the negligence of CityROCK or its members, employees or any third party.
The Participant/Observer makes use of CityROCK's facilities at entirely his/her own risk. Participant/Climber/Yogi/Observer agrees that CityROCK will not be held liable and/or responsible for any loss, injury, damages, death, and/or compensation of whatsoever nature and howsoever arising as a result thereof.
We will not be responsible for, and shall not pay for, any loss, damage or theft of items left unattended.
The Participant/Observer hereby warrants that he/she is medically fit so as to participate in activities of this nature, it not being the responsibility of CityROCK to have the Participant/Observer undergo any medical examination, the onus being on the Participant/Observer to do so. CityROCK shall not be obliged to call upon the Participant/Observer to provide a medical certificate. CityROCK, its members or employees, shall not be liable for any claim or injury or loss, damage or even death arising from or in connection with the use of the facility.
- ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. CityROCK has put in place preventative measures to reduce the spread of COVID-19; however, CityROCK cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending CityROCK could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending CityROCK and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at CityROCK may result from the actions, omissions, or negligence of myself and others, including, but not limited to, CityROCK employees, CityROCK affiliated partners, representatives, other customers, and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at CityROCK. On my behalf, and on behalf of my children, I indemnify CityROCK, its employees, agents, and representatives, from any Claim, including all liabilities, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this indemnity includes any Claims based on the actions, omissions, or negligence of CityROCK, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation at CityROCK.