Age Requirement 18+:
I am, or my legal guardian is, aged 18 years or over and can be deemed legally competent to sign this agreement.
I understand climbing, rock climbing, bouldering, indoor climbing, slacklining, the usage of hang boards, crimp ladders and other rock climbing or training equipment (the “Activities”) involve inherent risk and are dangerous activities which can cause serious harm including but not limited to panic attacks, hyperventilation, heart attack, fractures, hyperextension, cuts and abrasions, disability or death. Significant risks involve but are not limited to uncontrolled falling, collision with objects, other falling people, walls, climbing holds, unprotected floors, along with these risks customers may experience stress and overuse injuries as the result of improper technique or exercise strain.
For the reasons stated in the Risk Warning above, the Activities involve significant risk of physical harm and are considered “Dangerous”. I acknowledge the risks outlined in the Risk Warning and any additional risks associated with the Activities and by signing this registration form I am waiving my rights to seek compensation from Wall Walkers Pty Ltd. Trading as Wall Walkers Bouldering (the “Company”) its employees and agents as set out in this document.
Terms & Conditions:
- I am voluntarily participating and assuming the risk or injury of harm to myself or any other person in my care;
- to comply with all lawful instructions given by the Company its employees and agents relating to my participation in the Activities at the Company and further agree to indemnify the Company, its employees and agents against all liability that may incur, including legal costs, caused by my negligence or failure to comply with such instructions;
- to release, indemnify and hold harmless the Company, its subsidiaries and associated bodies as defined under Corporations Law (Cth), its servants and agents, the owner or owners of the premises and any other persons involved in my participation in the Activities at the Company for any liability for personal injury or death resulting from or in connection with my participation in the Activities which may arise:
- in negligence for breach of duty of care or failure to exercise reasonable care and skill;
- as a breach of contract or any express or implied warranty, obligation, term, condition or contractual duty of care;
- as a result of any representation or warranty as to the suitability of the facilities provided by the Company or the safety of the Activities; or
- as a breach of any statute, statutory warranty or term implied in contract under statute (including the warranties implied by Subdiv B of Division 1 of Part 3-2 of Schedule 2 to the Competition and Consumer Act 2010 (Cth));
- and accept that should any actions of mine or those in my care present a danger or be of a reckless nature to themselves or others at the Company, then employees or agents of the Company have the right to request me to leave the premises immediately and that I will not be entitled to a refund or recourse of any nature;
- to the payment of all membership or usage fees as advertised by the Company and as may be changed from time to time;
- this waiver is ongoing and will apply to all future occasions I participate in the Activities at the Company;
- I have been sufficiently advised of the risks, dangers and hazards involved in performing the Activities,
- I have read the above Risk Warning and Acknowledgement and not relied on any other form of representation or warranty entering into this agreement;
- and warrant I do not suffer from any medical condition that may affect my ability to safely participate in the Activities;
- I will not conduct activities within the Company for which I am not certified.
- acknowledges that the terms and conditions of this agreement are wholly contained in this form and do not incorporate any representation, prior agreement or other terms;
- agrees that the terms and conditions of this agreement are ongoing and will apply on all occasions which the Customer participates in the Activities provided by the Company;
- that the terms and conditions of this agreement are binding on my heirs, executors and assigns;
- that to the extent which this agreement shall be contrary to law or void, in whole or in part, it shall be read down to the extent necessary to but shall otherwise operate to the full extent permitted at law;
- and acknowledge this agreement shall be governed by the laws of the State or Territory in which the Company is located and that any claim, proceeding or action arising out of or in connection with the Activities shall be commenced in the jurisdiction of that State or Territory;
- and acknowledge that the purpose of this document is, to the maximum extent permitted at law, to exclude any liability for personal injury which might be incurred by the Company, its employees or agents, arising out of or in connection with the Customer's participation in the Activities;
- and acknowledge that to promote the sport and the Company, on occasion, promotional videos or photographs may be used by the Company which may include my image whilst participating in the Activities and I consent to this use. I waive any rights and claims to any benefits in connection with the use of the images; and
- and understand security video is used in the public areas of the Facility and consent to this use for security and safety purposes.
I Agree to all above points as of December 2, 2023