This release and waiver is in favour of Boulder Lab Pty Ltd (ABN 86 633 203 871), Boulder Lab Clayton Pty Ltd (ABN 30 647 152 289) and Boulder Lab Brunswick Pty Ltd (ABN 32 660 232 977) (Boulder Lab). In consideration of the use and entry to Boulder Lab’s facilities, I (the named participant) confirm that: 1. I am aged over 18 years of age or am accompanied by a legal guardian at all times. 2. I accept full liability for my actions and the actions of any person in my care whilst using Boulder Lab facilities. 3. I understand that there is inherent risk to me from my use of Boulder Lab’s facilities (including the surrounding outdoor areas), the activities themselves, the equipment used, the acts of others or Boulder Lab staff, the unavailability of emergency medical care and my use of ancillary services and facilities such as Boulder Lab’s catering services and equipment store. These risks might include property loss or damage, bodily injury and possibly even death. Though I understand this, I voluntarily agree to accept all risks. 4. I agree to follow all policies and procedures (including any signage displayed, the Boulder Lab Risk Management Policy and any materials made available online at www.boulderlab.com.au) relating to Boulder Lab’s activities, facilities and/or equipment and understand that following these policies and procedures is crucial to the safe and proper use of the facilities and equipment. 5. I understand that bouldering at Boulder Lab is performed without the use of a harness. Should I choose to engage in activities which do not require the use of equipment or a harness, I make this decision at my own risk. 6. I acknowledge that it is my responsibility to wear appropriate clothing for all activities at Boulder Lab. Failure to wear the appropriate shoes, pants or other gear could result in Boulder Lab staff refusing to provide me with access to the equipment. 7. I agree to comply with all verbal directions and safety instructions given to me by any Boulder Lab directors, employees and agents, including any instructions, demonstrations or advice. I acknowledge that any actions by other persons are not the responsibility of Boulder Lab, including the actions of experienced climbers or other persons (and I will not seek to follow, copy or otherwise replicate their actions). 8. I agree to not use any facilities at Boulder Lab unless and until I have the appropriate safety equipment, including but not limited to climbing shoes. I acknowledge that it is my responsibility to confirm with Boulder Lab staff how all equipment is to be used and will ensure it is used correctly at all times whilst on the premises. 9. I agree not to begin using any of the Boulder Lab equipment, including the rock walls, unless and until instructed by a member of Boulder Lab staff. 10. In the case of bouldering, I understand it is only safe to climb in designated bouldering areas with soft fall matting located directly below. I agree not to engage in bouldering activities unless and until I have completed the bouldering safety induction provided by Boulder Lab and have confirmed the designated bouldering areas with a member of Boulder Lab staff. 11. I acknowledge that I have the required physical and mental fitness and abilities for proper and safe use of the equipment and facilities and to participate in the activities at Boulder Lab. I agree that if I have any questions as to what skills and health are necessary to participate in the activities, I will direct these to the appropriate qualified professional prior to engaging in any activities. 12. I understand that any and all Boulder Lab activities may be physically demanding and could potentially cause increased heart rate, panic, hyperventilation, injury or even heart attack. I represent that I am fully fit and capable to participate in these activities and do so at my own risk. 13. I understand that Boulder Lab uses a grading system to assess the difficulty for each climbing activity but agree that any decision regarding the difficulty or suitability of the activity for me is made at my own discretion. 14. I release Boulder Lab and its directors, employees and agents, from any and all legal liability (including liability for their negligence and the negligence of others) related to the activities or in respect of the facilities. To the extent allowed by law, I waive the protection afforded by statute or law in any jurisdiction, including all rights under the Australian Consumer Law (Victoria) and other protections where the effect is to limit the operation of this waiver and release. 15. I acknowledge that Boulder Lab may at any time take images and videos inside the premises and I consent to having my photograph taken for any and all security and promotional purposes. 16. I consent to medical treatment in a medical emergency where it is not practical to obtain my further consent to such treatment. 17. I acknowledge that on entering the Boulder Lab premises, any of my personal belongings are my responsibility and Boulder Lab is not held in any way liable for any belongings that may have been lost or stolen during my time at the premises. This includes where I have used Boulder Lab lockers to store my belongings 18. I acknowledge that smoking, the consumption of alcohol or the use of any unlawful drugs is strictly forbidden during my time at Boulder Lab. I further acknowledge that the consumption of any alcohol or unlawful drugs, including prior to my arrival at Boulder Lab, which would in any way impair my ability to engage in the activities, is strictly prohibited. I understand that should a member of Boulder Lab staff suspect that I, or a person in attendance with me, is under the influence of either alcohol or unlawful drugs, it may result in me being asked to leave the premises. 19. I agree to pay for, and indemnify Boulder Lab in respect of, all reasonable damages caused to property or other persons caused by my negligence, wilful or otherwise. 20. I agree that this waiver is ongoing and will apply to all future occasions I attend Boulder Lab, unless and until a new waiver is signed. 21. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below. Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you: · are rendered with due care and skill; and · are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and · might reasonably be expected to achieve any result you have made known to the supplier. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012. I have read and understood this agreement and voluntarily sign it of my own free will. I agree and understand that this waiver and release applies on every occasion which I subsequently enter Boulder Lab’s premises and that by re-entering the premises I represent that the above statements remain valid and correct. Date: December 22, 2024
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