You must be 18 years or older to sign this form.
All participants to be signed. Under 18s must be signed by a parent/guardian.
10 June 2020
Terms and Conditions
These terms and conditions are entered into between:
If you are attending the climbing gym located at 4/12 Frederick St, St Leonards 2065 Life-Fit Pty Ltd; and/or
If you are attending the climbing gym located at 23 Waratah St, Kirrawee 2232 Climb-Fit Pty Ltd (“We”, “Us”, “Our”)
Any person using Our facilities or equipment contained therein, at the above locations (“You” or “the Customer”).
Services: By accessing and/or using our facilities you agree to be bound by these terms and conditions.
Customer Age: The Customer confirms that he/she is 18 years old or older. For persons under 18 years old, the use of our facilities will only be granted if the Customer is accompanied by their parent or a guardian (being aged 18 years or older) for the Induction; following Induction, use of the facilities including belaying unaccompanied by a parent or guardian shall only be permitted to suitably inducted persons over the age of 12 years. Children under the age of 12 years must be supervised by a person over the age of 18 years when using the facilities, unless expressly permitted by our Staff. Children under the age of 12 will not be permitted to belay unless directly supervised by our Staff.
Use of the Facilities: The facility shall be used for their ordinary intended purposes only. The facilities may only be used in accordance with instructions (whether verbal or written) provided by Us or Our staff from time to time. For the avoidance of doubt, the following are not permitted at our facilities:
- Consumption of alcohol, tobacco or illegal substances;
- Using our facilities while under the influence of any intoxicant;
- Conducting business or paid services without Our written consent;
- Any use of the facilities, or any equipment contained therein, other than for its ordinary purpose, and in accordance with Our instructions;
- Any activities which we deem to constitute bullying, harassment or inappropriate behavior, whether directed at Our staff or other users of our facilities.
Induction: At our sole discretion we may require any or all Customers (whether first time or repeat Customers) to undertake an induction into the safe and proper use of the facilities and any equipment contained therein. If a Customer fails to undertake such induction they may be refused access to the facility, or their use of such may be limited, as directed by Us or Our staff.
Directions of Staff: the Customer agrees to comply with all reasonable directions of Us or Our staff at all times within the facility. Failure to do so will entitle Us to have the Customer immediately removed from the facility, in which case there will be no refund of any fees paid by the Customer relating to their access to the facility.
Code of Conduct: We may from time to time, acting reasonably, publish a code of conduct. Use of our facilities will be conditional upon the Customer complying with any such code of conduct. A code of conduct may include, but is not limited to:
- Wearing appropriate and clean clothes and shoes.
- When using exercise equipment, using a towel at every workout and leaving machines and surfaces clean after usage.
- Behaving in a friendly and respectful manner towards the other Customers as well as the staff.
Lockers: Lockers may be made available for Customers from time to time at our discretion. Each Customer is responsible for ensuring that their locker is secured. To the full extent permitted by law, We will not be liable for, and you release us from liability relating to, any loss, damage or claim resulting from your property going missing while contained in a locker.
Refusing/Terminating Access to Facilities: If the Customer behaves in a way that breaches the code of conduct, these Terms, or that We or Our staff consider inappropriate (acting reasonably), We may require you to leave the facility and the Customer will do so immediately. In such circumstances the Customer will not be entitled to any refund of amounts paid to access the facility.
To the full extent permitted by law, We retain the right to refuse access to any Customer, including, without limitation, where we are of the opinion that the Customer has previously, is currently or will breach these Terms, for example, where We believe the Customer is under the influence of an intoxicant.
From time to time, for safety reasons, it may be necessary for Us to close and/or evacuate, our facility. In such circumstances each Customer agrees to follow all directions by Our Staff in a timely manner. To the full extent permitted by law, you release us from liability for any loss, damage, claim, injury or death where such is caused or contributed to by your failure to follow Our, or Our staff’s, directions in accordance with this clause. If a Customer is required to vacate the facility pursuant to this clause, and access cannot be granted within a reasonable time, We will refund any amounts paid in relation to that visit (or, in the case of multi visit passes, will not reduce the visit limit relating to that visit).
Payment: Fees for the access to and use of our facilities are payable in advance (save in the case of memberships and/or multi access passes, which are subject to the terms on which they were issued). The quantum of fees is set by Us, in Our sole discretion, from time to time, however will be advised to the Customer prior to them being granted access to the facility.
Health: The Customer confirms that he/she does not suffer from health problems that would hinder exercise or prevent him/her from engaging in the use of the facilities, or the equipment located therein, or that would be detrimental or adverse to the Customer’s health, safety or physical condition if he/she did use such. In case of any doubt, the Customer shall seek advice by a medical doctor who should confirm the ability to exercise. We have no obligation to perform a fitness assessment or similar testing to determine the Customer’s physical condition.
Contact Information: By participating in activities at our facility the Customer acknowledges that contact information provided is accurate and correct. The Customer agrees to have such contact information shared with Government, Police or Health Authorities should a formal request be made for the information in relation to a positive COVID-19 case being linked to a Climb Fit facility for a period of one month.
Liability: To the full extent permitted by law, the Customer indemnifies Us against any loss, damage, claim, damage to any property or injury or death to any person to the extent such is caused by the willful or negligent act or omission of the Customer, or any person in their care.
Waiver of Liability: To the full extent permitted by law, any and all use of Our facilities and any equipment therein, shall be at Customer’s own risk at all times. The Customer shall not utilize any equipment contained in the facility unless he/she is familiar with its use and/or has been given an induction by Us or Our staff. To the full extent permitted by law, We shall not be liable, and you release us from any liability relating to, any injuries, physical impact or damages to the Customer, or the property of the Customer, or be subject to any claim arising out of the use of the premises and/or of the machines made available to the users.
Consumer Guarantees: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service
Jurisdiction and Choice of Law: These Terms and Conditions and all matters arising out of or relating to the access to the Customer’s use of the facility or any equipment contained therein shall be governed by the laws of Sydney, New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of Sydney, New South Wales, Australia.
Please tick below to indicate that you have read and agree to all terms and conditions above:
October 27, 2021
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