Terms and conditions of use of facilities
You must be 18 years or older to sign this form. If you are younger than 18, this form must be signed by your parent or your guardian.
By signing this form, You (or Your parent or Guardian on Your behalf) agree(s) with Us that Your use of Our Facilities is subject to the following terms and conditions (‘Terms’):
In these Terms:
- ‘Adult’ means a person aged 18 or older who has completed Induction;
- ‘Class’ means training by Our staff other than Induction;
- ‘Facilities’ means all or any of Our climbing gym locations and the equipment and facilities within them;
- ‘Guardian’ means Your legal guardian, whether or not appointed by a court or other authority;
- ‘Induction’ means training by Our staff in the proper and safe use of Our Facilities;
- ‘Membership’ means the right to use Our Facilities an unlimited number of times during a specified period;
- ‘Multi-visit Pass’ means a pass that permits use of the Facilities on more than one occasion;
- ‘We’, ‘Us’ and ‘Our’ means or refers to all or any of Life-Fit Pty Ltd ACN 065 918 121, Climb-Fit Pty Ltd ACN 622 557 260 and Mac-Fit Pty Ltd ACN 648 471 121 as appropriate; and
- ‘You’, ‘Your’ and ‘Yourself’ means or refers to the person who uses any of our Facilities.
2. Your age
If You sign this form yourself, You confirm that You are 18 years or older.
3. Your health
(a) That You are aware that exercise is physically demanding and that some activities might pose a risk to Your health.
(b) That You are solely responsible for ensuring that You are not suffering from any health condition that may hinder exercise or prevent You from using the Facilities properly and safely or that may be detrimental or adverse to Your health, safety or physical condition if You use the Facilities;
(c) That You will not use the Facilities while suffering from any such condition;
(d) That, if You are in any doubt, You will obtain appropriate medical advice before using or continuing to use the Facilities;
(e) That We are unable to provide you medical advice, whether with regard to your fitness or otherwise; and
(f) That We have no obligation to perform a fitness assessment or other testing to determine Your physical condition or ability to use Our Facilities without risk to Yourself.
3. Acknowledgement and assumption of risk
(a) You acknowledge that use of Our Facilities is potentially dangerous and may involve a significant risk of physical harm and that, by using Our Facilities, You will expose Yourself to risks including, without limitation:
(ii) Collision with objects (including equipment, walls, climbing holds and other persons;
(iii) Soft tissue injuries;
(v) Stress and overuse injuries;
(vi) Psychological risks, including vertigo, panic attacks and resulting heart conditions;
(vii) Other injuries or death; and
(viii) Damage to or loss of Your property.
(b) You agree to accept all risk of loss, damage, injury or death arising out of or in connection with Your use of Our Facilities.
5. Release and indemnity
To the full extent permitted by law:
(a) You agree that We shall not be liable, and You release Us from all liability, for loss of or damage to any property and for injury to or death of You or any other person arising out of Your use of Our Facilities;
(b) You waive any right to compensation for loss, damage, injury or death arising out of or in connection with Your use of Our Facilities and you agree not to bring any claim against Us for any such loss, damage, injury or death; and
(c) You agree to indemnify Us against all claims, liability, loss, cost and expense that we suffer or incur arising out of Your use of Our Facilities.
(a) You must complete Induction both before first using the Facilities and whenever subsequently required by Our staff.
(b) If You are younger than 18, You must be accompanied by Your parent or Guardian throughout the Induction.
7. Use of Facilities
(a) Our fee for each time You use the Facilities must be paid before you use the Facilities.
(b) You may only use the Facilities for their ordinary intended purposes.
(c) You must wear appropriate and clean clothes and shoes when using the Facilities.
(d) You must belay correctly and, when bouldering, you must fall correctly, in each case as instructed by our staff.
(e) You must leave all equipment in the Facilities that you use clean after use.
(f) You must behave in a friendly and respectful manner towards all other persons in the Facilities.
(g) You must comply with all reasonable directions of Our staff when using the Facilities.
(h) You must comply with all Our directions posted on signs within the Facilities or notified to You by other means (including, without limitation, by email or social media).
(i) If You are younger than 12:
(i) You may not use the Facilities unless either (A) You are directly supervised by an Adult or (B) Our staff permit You to use the Facilities without supervision by an Adult;
(ii) You may not belay for another person unless You are directly supervised by Our staff.
(j) We reserve the right to suspend use of all or part of the Facilities either temporarily or permanently. You acknowledge that during the period of such suspension You will not be able to use the suspended Facilities and that You will not be entitled to any compensation for their non-availability.
(k) We reserve the right to cancel any Class. You acknowledge that You will not be entitled to any compensation for its non-availability, apart from attending a subsequent session of the same Class.
8. Prohibited use
You may not use Our Facilities:
(a) Whilst consuming or under the influence of tobacco, alcohol, any intoxicant or illegal substance or any medication that may affect Your ability to use the Facilities properly and safely; or
(b) For any business or paid service without Our written consent; or
(c) In any way that We consider constitutes bullying, harassment of or inappropriate behaviour towards any person.
9. Breach of these Terms
If You breach any of these Terms or behave in a way that we reasonably consider to be inappropriate, We may:
(a) Refuse You use of the Facilities;
(b) Require You to leave the Facilities; and
(c) Terminate Your Membership;
without refund of any sum paid for Your use of the Facilities. If we request You to leave the Facilities, you agree to do so immediately.
You are solely responsible for ensuring that any locker We provide for your use is secured. To the full extent permitted by law, We will not be liable for, and You release us from liability for, any loss of or damage to Your property stored in a locker.
(a) Each Membership commences on the date of its purchase, except as mentioned in the next paragraph.
(b) If You have an unexpired Membership when you buy another Membership, the new Membership will commence on expiry of Your existing Membership.
(c) If You have an unexpired Multi-visit Pass when You purchase a Membership:
(i) Use of Your Multi-visit Pass will be suspended until Your Membership is suspended or expires; and
(ii) Your Multi-visit Pass will be cancelled without refund if your Membership is terminated.
(d) The price paid for Membership is non-refundable.
(e) Membership may be suspended, on written request to Us, for a minimum of 4 weeks (or a shorter period at Our discretion).
(f) Membership may not be transferred to another person, except with Our consent.
12. Evacuation of Facility
If it becomes necessary for Us to evacuate one of our Facilities while You are using it and We are unable to provide You with access to resume Your use of the Facility within 2 hours, We will credit You with the sum paid (or, in the case of a Multi-visit Pass, credit You with the visit) for Your use of the Facility on the same or a later day.
13. Electronic signature
You agree that signature of these Terms by You, your parent or Guardian electronically/online creates a binding agreement between You and Us. We will provide You with a paper copy of the signed Terms on request.
14. Implied terms and remedies
(a) Subject to paragraph (b) of this clause, any condition or warranty which would otherwise be implied in Our agreement with You is excluded.
(b) Where legislation implies in Our agreement with You any condition or warranty which cannot be excluded, Our liability for any breach of such condition or warranty shall be limited, at Our option, to the following:
(i) If the breach relates to goods, the replacement or repair of the goods or the supply of equivalent goods; and
(ii) If the breach relates to a service, the supply of the service again.
(a) If required by government regulation, You must wear a mask when You are within any of the Facilities.
(b) You confirm that Your name, email address and telephone number (‘Contact Information’) provided to Us are complete and accurate. If We issue you with a Multi-visit Pass, you undertake to notify us promptly of any change in your Contact Information before expiry of the Multi-visit Pass.
(c) You consent to Us disclosing Your Contact Information to government, police or health authorities if we are required to do so in relation to a visit by a person who tests positive for COVID-19 to one of Our Facilities that you have visited.
16. Variation of these Terms
(a) No variation of these Terms will apply unless We agree to it in writing.
(b) We may vary these Terms by notice in writing at any time to You (or, if you are aged under 18 at the time, to Your parent or Guardian). By continuing to use Our Facilities after receipt of such notice by You, Your parent or Guardian, You agree to variation of the Terms as so notified. We may give notices by email.
17. Governing law and jurisdiction
Our agreement with You shall be governed by, construed and take effect in accordance with the laws of New South Wales and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals therefrom.
By signing this form:
- You confirm that you have read, understood and accept and agree to the above terms and conditions; or
- If you sign as parent or Guardian of one or minors, you:
- Confirm that you are the parent or Guardian of the minor(s); and
- Confirm that you have read, understood and accept and agree to the above terms and conditions on behalf of that/those minors and yourself.