Between The Indoor Climbing Centre cc T/A CityROCK, hereafter referred to as
And The Climber, or any person entering CityROCK, hereafter referred to as the
Parent/Guardian or responsible person for the minor
CityROCK and the Parent/Guardian or responsible person for the minor, have entered into an agreement in terms whereof CityROCK has allowed the minor to make use of its climbing facilities on the terms and conditions as set forth in this agreement.
The Parent/Guardian or responsible person for the minor understands that the minor’s presence in the facility, the participation in the sport of rock climbing and the use of an indoor climbing wall includes certain dangers and risks, some of which include:
- 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 Parent or person responsible for the minor further acknowledges that the previous list is not inclusive of all possible risks associated with the minor being present in or the use CityROCK’s facilities. The previous list in no way limits the extent or reach of this disclaimer.
The ability of the parent/guardian/minor to climb in CityROCK gives no indication of his/her ability to climb on natural rock in the outdoor environment.
The Parent or person responsible for the minor agrees that the minor will not be left unattended at CityROCK.
THEREFORE IT IS AGREED UPON AS FOLLOWS:
The Parent/Guardian or responsible person acknowledges that the activity in which the minor/adult participates by its very nature carries inherent risks. These risks could cause him/her to sustain bodily injury or death and/or suffer damages and waives any claim however arising, including the negligence of CityROCK or its members, employees or any third party.
The Parent/Guardian or responsible person acknowledges that the minor makes use of CityROCK’s facilities at entirely his/her own risk. The Parent/Guardian or responsible person 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 Parent/Guardian or responsible person hereby warrants that the minor is medically fit so as to participate in activities of this nature, it not being the responsibility of CityROCK to have the minor undergo any medical examination, the onus being on the Parent/Guardian to do so. CityROCK shall not be obliged to call upon the Parent/Guardian or responsible person 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 agreement.
- 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.
- BETA TEST CUSTOMER AGREEMENT
By agreeing to take up our beta offer, you understand that we are still under strict lock down rules and you do so under your own free will. CityROCK, its employees and all third parties will not be held liable for any fines/government penalties received as a result of this beta test phase. No posting on social media or communication to anyone that you are climbing at CityROCK. We are not officially open for business. Your climbing privileges and membership at CityROCK will be immediately cancelled should word get out of this beta test phase.
I have read, understood and agree with all the information provided in the “Important information For parents, Guardians and Children/Young persons (Ages 5-18)" available at www.cityrock.co.za.
Also, I agree to all the terms and conditions contained in this Agreement.