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

Release of Liability and Assumption of Risk

 

RISK WARNING

BOULDERING, ROCK CLIMBING, SLACK LINING AND THE USE OF HANGBOARDS, CRIMP LADDERS AND OTHER ROCK CLIMBING TRAINING EQUIPMENT (the ‘ACTIVITIES’) ARE DANGEROUS RECREATIONAL ACTIVITIES WHICH INVOLVE INHERENT, INCIDENTAL AND SIGNIFICANT RISKS INCLUDING, BUT NOT LIMITED TO, UNCONTROLLED FALLING, COLLISION WITH OBJECTS, WALLS, CLIMBING HOLDS, UNPROTECTED FLOORS AND OTHER PATRONS AS WELL AS STRESS AND OVERUSE INJURIES AS THE RESULT OF IMPROPER TECHNIQUE OR EXCESSIVE STRAIN. THE ACTIVITIES MAY CAUSE DEATH, PHYSICAL INJURIES (INCLUDING FRACTURES, HYPEREXTENSION, OVERUSE INJUBIES, CUTS AND ABRASIONS, SPRAINS AND BRAIN TRAUMA) AND PSYCHOLOGICAL INJURIES (INCLUDING PANIC ATTACKS, HYPERVENTILATION AND ASSOCIATED HEART CONDITIONS).

 

OBVIOUS RISK NOTICE

FOR THE ABOVE REASONS, THE ACTIVITIES INVOLVE A SIGNIFICANT RISK OF PHYSICAL HARM AND ARE THEREFORE "DANGEROUS" RECREATIONAL ACTIVITIES. THE CUSTOMER ACKNOWLEDGES THE OBVIOUS RISKS ASSOCIATED WITH THE ACTIVITIES AND THAT, BY SIGNING THIS REGISTRATION AND WAIVER FORM, THEY ARE WAIVING THEIR RIGHTS TO SEEK COMPENSATION FROM BTO Climbing Pty Ltd (the ‘COMPANY’), ITS EMPLOYEES AND AGENTS AS SET OUT BELOW.

 

TERMS & CONDITIONS

In consideration for registration and permission to participate in the Activities provided by the Company at a Beta One Bouldering Gym (the ‘Facility’), the Customer:

1. agrees to the payment of all membership or usage fees as advertised by the Company;

2. acknowledges that they have read the above Risk Warning and Obvious Risk Notice and not relied on any other representation or warranty in entering into this agreement;

3. agrees that they have been sufficiently advised of the risks, dangers and hazards associated with their participation in the Activities;

4. wholly assume and accept all liability for the materialization of any risks, dangers and hazards associated with their actions and the actions of any persons in their care in participation of the Activities;

5. agrees to participate and voluntarily assume the risk or injury of bodily harm to themselves or any person in their care;

6. warrants that they do not suffer from any medical condition that may affect their ability to participate safely in the Activities;

7. agrees to abide by all lawful instructions given by the staff and agents of the Company and further agrees to indemnify the Company, its employees and agents against all liability that may incur, including legal costs, caused by the Customer's negligence or failure to comply with such instructions;

8. agrees that they have read, understood and agree to comply with all the rules and safety instructions and warning notices as may be displayed throughout the Facility from time to time;

9. agrees to ask for an explanation to their satisfaction should they not fully understand any of the instructions, prior to commencing any Activities;

10. acknowledge and accepts that should any actions or the actions of those in their care, present a danger or be of a reckless nature to themselves or to others at the Facility, then employees and agents of the Company have the right to request them to leave the premises immediately and that they will not be entitled to a refund or recourse of any nature;

11. releases, agrees to indemnify and hold harmless the Company, its employees and agents for any liability for personal injury or death resulting from or in connection with the Customer's participation in the Activities which may arise:
a) in negligence for breach of duty of care or failure to exercise reasonable care and skill;
b) as a breach of contract or any express or implied warranty, obligation, term, condition or contractual duty of care;
c) 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
d) 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));

12. acknowledges, agrees and understands that the risk warning above constitutes a formal 'risk warning' for the purposes of the relevant legislation, including for the purposes of:
a) Section5M of the Civil Liability Act 2002(NSW);and
b) Sections 13 to 19 of the Civil Liability Act 2003(QLD).

13. 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;

14. 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;

15. agrees that the terms and conditions of this agreement are binding on the Customers' heirs, executors and assigns;

16. agrees 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;

17. acknowledges that this agreement shall be governed by the laws of the State or Territory in which the Customer participates in the Activity 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;

18. acknowledges 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;

19. acknowledges that on occasion, promotional videos or photographs may be used by the Company which may include their image whilst participating in the Activities and consents to this use unless the Customer specifically requests the Company in writing that their image is not to be used for this purpose;

20. acknowledges that security video is used on the public areas of the Facility and consents to this use for security and safety purposes; and
21. acknowledges that there is a risk with participating in the Beta One Bouldering Gym Activities during the COVID-19 pandemic and that this could result in loss of life, personal injury or permanent injury;

22. releases, agrees to indemnify and hold harmless the Company, its employees and agents for any liability of any claim relating to the transmission of COVID-19 and Customer’s contact information to be passed onto the health professionals and aid in contact tracing efforts;

23. acknowledges that:
a) they are 18 years of age or older and legally competent to sign this agreement; or b) their legal parent or guardian has signed this form on their behalf.

 

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: June 13, 2024 

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's 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*
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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