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BTO Climbing Pty Ltd. (trading as Beta One Bouldering Gym)

Release of Liability, Assumption of Risk and Indemnity Agreement

 

1. DEFINITIONS

“Activities” means all recreational services provided by the Company, including bouldering, climbing, training, use of equipment, observation of climbing and presence within the Facility.

“Company” means BTO Climbing Pty Ltd, including its directors, officers, employees, contractors and agents.

“Facility” means any Beta One Bouldering Gym premises.

“Customer” includes any participant, spectator, visitor or person present at the Facility.


2. RISK WARNING

The Customer acknowledges that the Activities are dangerous recreational activities and involve significant inherent risks, including but not limited to:

  • falling from height or uncontrolled descent
  • failure to follow landing, falling or downclimbing techniques 
  • failure to downclimb safely
  • landing incorrectly or outside designated areas
  • collision with walls, climbing holds or other persons
  • rotating, spinning or dislodged holds
  • equipment misuse or failure
  • actions or negligence of other participants
  • lack of continuous supervision
  • physical exertion, fatigue, overuse or improper technique

These risks may result in serious injury, permanent disability or death.


3. OBVIOUS RISK NOTICE

The Customer acknowledges that the Activities involve obvious risks within the meaning of applicable legislation, including but not limited to the Civil Liability Act 2002 (NSW), and voluntarily accepts those risks.


4. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK

The Customer:

a) confirms they have read and understood this document;

b) acknowledges participation is voluntary;

c) fully understands and accepts all risks, whether obvious or not;

d) assumes full responsibility for their own safety and decisions;

e) accepts the risk of injury caused by their own actions or the actions of others.


5. NO RELIANCE

The Customer acknowledges that they do not rely on any representation, statement or advice given by the Company or its staff regarding safety or suitability of the Activities.


6. SUPERVISION

The Customer acknowledges that supervision is not continuous and agrees that they are solely responsible for their own safety and the safety of any person under their care.

The Customer agrees not to rely on the presence of staff for safety supervision. Staff presence does not remove or reduce the Customer’s responsibility for their own safety. 


7. CONDUCT AND SAFETY

The Customer agrees to:

  • follow all safety rules, signage and instructions
  • use equipment properly
  • behave in a safe and responsible manner
  • ensure any person under their supervision complies

Failure to comply may result in immediate removal without refund.


8. EJECTION

The Company reserves the right to refuse entry or remove any Customer who poses a safety risk. No refund will be provided.


9. EXCLUSION OF LIABILITY (RECREATIONAL SERVICES)

To the maximum extent permitted by law, the Company excludes liability for personal injury or death arising out of or in connection with the supply of recreational services, including where caused by negligence. 

To the maximum extent permitted by law, the Company also excludes liability for property damage, loss or theft arising out of or in connection with the Customer’s attendance at the Facility or participation in the Activities. 

This exclusion is made under and relies upon applicable legislation including:

  • the Competition and Consumer Act 2010 (Cth); and
  • the Civil Liability Act 2002 (NSW).

To the extent that any statutory guarantee cannot be excluded, liability is limited to the minimum extent permitted by law.


10. INDEMNITY

The Customer indemnifies and holds harmless the Company against all claims, damages, losses and legal costs (on a full indemnity basis) arising from:

  • participation in the Activities
  • breach of this agreement
  • injury to themselves or any other person
  • damage to property

caused by the Customer or any person under their supervision.


11. EQUIPMENT AND ENVIRONMENT

The Customer acknowledges that:

  • climbing holds may rotate, loosen or fail
  • surfaces and landing areas may vary
  • equipment may be used improperly by others

The Customer agrees to inspect equipment and climbing areas before use and assumes all associated risks.


12. MEDICAL AND FITNESS

The Customer warrants that they are physically and medically fit to participate.

The Customer accepts full responsibility for any injury arising from any pre-existing condition.

The Customer agrees to stop participating immediately if they feel unwell, dizzy, injured or unsafe. 


13. MINORS

Where the Customer is under 18 years of age, a parent or legal guardian:

  • consents to participation
  • accepts all risks on behalf of the minor
  • indemnifies the Company against any claims arising from the minor’s participation
  • The parent or legal guardian confirms they have authority to sign on behalf of the minor. 


14. INFECTIOUS DISEASES

The Customer acknowledges the risk of exposure to infectious diseases, including but not limited to COVID-19, and releases the Company from any related claims.


15. MEDIA AND SURVEILLANCE

The Customer acknowledges CCTV is used for safety, security and operational purposes.

The Customer acknowledges that CCTV footage is retained for a limited period (generally up to 14 days) and may be automatically overwritten in the ordinary course of business.

In the event of an incident, the Customer agrees to notify the Company and request any relevant footage as soon as reasonably practicable.

The Company does not guarantee the availability, retention or retrieval of any footage beyond its standard retention period.

The Customer consents to promotional photography and video unless they notify the Company in writing that they do not consent. 


16. CONTINUING EFFECT

This agreement applies to all present and future visits to the Facility.


17. GOVERNING LAW

This agreement is governed by the laws of New South Wales.


18. SEVERABILITY

If any provision is held to be invalid or unenforceable, it shall be severed and the remaining provisions shall remain in full force and effect.


19. ENTIRE AGREEMENT

This document constitutes the entire agreement and overrides all prior representations or agreements except for safety rules and policies displayed or communicated by the Company from time to time. 


20. PURPOSE

The Customer acknowledges that the purpose of this document is to warn of risks, record the Customer’s assumption of those risks, and to exclude or limit the liability of the Company to the maximum extent permitted by law in relation to personal injury, death, property damage or loss arising from participation in the Activities.


 

By signing this form, the Customer acknowledges, understands and agrees to all of the above statements, terms and/or conditions (even if they have not initialed each page).

Today's Date: May 11, 2026 

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address
Email*
Confirm Email*
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
How did you find Beta One?
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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