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BAYSIDE ROCK – ("Bayside Rock")

A.C.N. 127 592 143

9 Network Drive, Carrum Downs, VIC, Australia 3201 – Tel: 03 9775 1557

WAIVER OF LIABILITY (Acknowledgement of Risk Agreement) 


This release and waiver is in favour of Bayside Rock Pty Ltd (ACN 127 592 143) (Bayside Rock).

In consideration of the use and entry to Bayside Rock’s facilities, I 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 Bayside Rock facilities.

3.      I understand that there is inherent risk to me from my use of Bayside Rock’s facilities (including the surrounding outdoor areas), the activities themselves, the equipment used, the acts of others or Bayside Rock staff, the unavailability of emergency medical care and my use of ancillary services and facilities such as Bayside Rock’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 Bayside Rock Risk Management Policy and any materials made available online at www.baysiderock.com.au) relating to Bayside Rocks 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 Bayside Rock encourages the use of harnesses at all times, except for when engaging in bouldering activities. 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 Bayside Rock. Failure to wear the appropriate shoes, pants or other gear could result in Bayside Rock 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 Bayside Rock directors, employees and agents, including any instructions, demonstrations or advice. I acknowledge that any actions by other persons are not the responsibility of Bayside Rock, 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 Bayside Rock unless and until I have the appropriate safety equipment, including but not limited to a climbing harness. I acknowledge that it is my responsibility to confirm with Bayside Rock 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 Bayside Rock equipment, including the rock walls, unless and until instructed by a member of Bayside Rock staff. 

10.   I agree not to engage in any activities or commence climbing unless it is safe to do so. I understand that it is not safe to begin climbing unless correctly attached to an auto belay, top rope or lead climb with an active and competent belayer assisting. 

11.   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 Bayside Rock and have confirmed the designated bouldering areas with a member of Bayside Rock staff.

12.   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 Bayside Rock. 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. 

13.   I understand that any and all Bayside Rock 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. 

14.   I understand that Bayside Rock 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. 

15.   I acknowledge that there is a set weight restriction of 100kg in the Bayside Rock ‘Climb Time Area’.

16.   I release Bayside Rock 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. 

17.   I acknowledge that Bayside Rock 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. 

18.   I consent to medical treatment in a medical emergency where it is not practical to obtain my further consent to such treatment.

19.   I acknowledge that on entering the Bayside Rock premises, any of my personal belongings are my responsibility and Bayside Rock 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 Bayside Rock lockers to store my belongings 

20.   I acknowledge that smoking, the consumption of alcohol or the use of any unlawful drugs is strictly forbidden during my time at Bayside Rock. I further acknowledge that the consumption of any alcohol or unlawful drugs, including prior to my arrival at Bayside Rock, which would in any way impair my ability to engage in the activities, is strictly prohibited. I understand that should a member of Bayside Rock 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.

21.   I agree to pay for, and indemnify Bayside Rock in respect of, all reasonable damages caused to property or other persons caused by my negligence, wilful or otherwise.

22.   I agree that this waiver is ongoing and will apply to all future occasions I attend Bayside Rock, unless and until a new waiver is signed.

23.   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 Bayside Rock’s premises and that by re-entering the premises I represent that the above statements remain valid and correct.

I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ALL OF IT'S TERMS.

Date: April 27, 2024





First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information
Gender (Optional)

Medical Conditions
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
Gender (Optional)

Medical Conditions
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
Gender (Optional)

Medical Conditions
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
Gender (Optional)

Medical Conditions
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
Gender (Optional)

Medical Conditions
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
Gender (Optional)

Medical Conditions
Seventh Participant's Name

First Name*

Middle Name

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Seventh Participant's Date of Birth*
Seventh Participant's Information
Gender (Optional)

Medical Conditions
Eighth Participant's Name

First Name*

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Eighth Participant's Date of Birth*
Eighth Participant's Information
Gender (Optional)

Medical Conditions
Ninth Participant's Name

First Name*

Middle Name

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Ninth Participant's Date of Birth*
Ninth Participant's Information
Gender (Optional)

Medical Conditions
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
Gender (Optional)

Medical Conditions
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:*
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Parent or Guardian's Email Address

Email*
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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 Information
Gender (Optional)

Medical Conditions
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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