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ROCKET WAIVER

Definitions

a)    ‘Activity’ means any activity undertaken within the Facility, including, without limitation, bouldering, rock climbing, slack lining, hang-boarding and the use of gym and exercise equipment.

b)    'Claim’ means any claim, demand or cause of action whether arising in contract, tort, under statute or otherwise.

c)    ‘Company’ means BOULDER WORKSHOP PTY LTD (ACN 633 644 818) (trading as ROCKET CLIMBING) and any of its Associates as defined in the Corporations Act.

d)    ‘Corporations Act’ means the Corporations Act 2001 (Cth).

e)    ‘Facility’ means any area within the Rocket Climbing premises including, without limitation, climbing walls, holds and mats, gym and exercise equipment, and any other area such as the amenities, bike storage room and café.

f)      ‘Loss’ means any liability, cost or expense suffered or incurred by a party (whether actual or contingent).

 

Risk Warning

1. The Activities are dangerous recreational activities which involve inherent, incidental and significant risks including, without limitation, uncontrolled falling, collisions with objects, walls, climbing holds, unprotected floors and other patrons, as well as stress and overuse injuries resulting from improper technique or excessive strain.

2. The Activities may cause death or serious disability, physical injuries (including fractures, hyperextensions, overuse injuries, cuts and abrasions, sprains and brain trauma) and psychological injuries (including panic attacks, hyperventilation and associated heart conditions).

3. You acknowledge the obvious risk associated with the Activities and by signing this registration and waiver form, you are waiving the right to seek compensation from the Company, and any of its employees, agents, officers and representatives.

 

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

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.

 

Customer Acknowledgment

1. I acknowledge that I am (or my legal guardian is) 18 years of age or older and legally competent to sign this agreement.

2. I acknowledge that I am responsible for the safety and conduct of a minor under my supervision and I will supervise them at all times while at the Facility.

3. I agree to pay the Company all membership and usage fees.

4. I acknowledge that I have read and understood the above Risk Warning and have not relied on any representation or warranty in entering into this agreement.

5. I acknowledge that sufficient advice of the risks, dangers and hazards associated with engaging in the Activities has been provided to me by the Company.

6. I assume and accept all liability for the risks, dangers and hazards associated with engaging in the Activities, for myself and any person in my care.

7. I voluntarily agree to participate and assume the risk of injury  to myself or any person in my care.

8. I warrant that I do not suffer from any medical condition that may affect my ability to safely engage in the Activities.

9. I agree to abide by all lawful instructions given by the Company, including by its staff and representatives.

10. I acknowledge that I have read, understood and agree to comply with all the rules and safety instructions and warning notices displayed throughout the Facility.

11. I agree to ask for explanation or clarification if I do not fully understand any of the instructions prior to engaging in any of the Activities.

12. I acknowledge that in the event that I suffer an injury or illness whilst at the Facility, the Company, including its staff and representatives, may at my expense, arrange medical treatment and medical transportation deemed necessary.

13. I agree to inform the Company immediately upon sustaining any injury while at the Facility and provide the Company with written details and documentation of any injury and medical treatment.

14. I acknowledge and accept that should my actions or the actions of those in my care, present a danger or be of a reckless nature to themselves or to others at the Facility, then the Company may ask us to leave the Facility immediately and I will not be entitled to a refund or recourse of any nature.

15. I release and indemnify the Company, its employees, agents, officers and representatives from and against any Claims for personal injury or death, or any Loss suffered or incurred, arising out of or in connection with my 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;

(d) as a breach of any statute, statutory warranty or term implied in contract under statute (including the warranties implied by the Competition and Consumer Act 2010 (Cth)); and/or

(e) in connection with my negligence or failure to comply with any instructions given by the Company or its staff and representatives.

16. I acknowledge, agree and understand that the Risk Warning above constitutes a formal 'risk warning' for the purpose of the legislation in the relevant jurisdiction, including the:

(a) Civil Liability Act 2002 (NSW);

(b) Wrongs Act 1958 (Vic); and

(c) Civil Laws (Wrongs) Act 2002 (ACT).

17. I acknowledges that the Company’s liability for personal injury arising out of or in connection with my participation in the Activities, is excluded to the maximum extent permitted by law.

18. I acknowledge that my image may appear in the Company’s marketing material (including print, online and on social media) from time to time and I consent to the use of my image in this way unless I otherwise notify the Company in writing.

19. I acknowledge that security video is used in the public areas of the Facility and I consent to the use of video monitoring for security and safety purposes.

20. I acknowledge that any business or any interaction between individuals, which involves the exchange of money and is conducted at the Facility, will require prior written approval by the Company. I acknowledge that this form contains the entire agreement with the Company and  does not incorporate any representation, prior agreement or other terms.

21. I agree that the terms and conditions of this agreement are ongoing and will apply on each occasion that I attend the Facility and participate in the Activities.

22. I agree that the terms and conditions of this agreement are binding on my heirs, executors and assigns.

23. I agree that if any term in this agreement is void or unenforceable, then that term is severed or read down to the minimum extent possible and the rest of these terms and conditions remain in force.

24. I acknowledge that these terms and conditions may be updated by the Company from time to time and at any time, and the updated terms and conditions will take effect 7 days after I have been notified of such changes.

I have read, understood and accept these terms and conditions;  and
By signing this agreement, and continuing to attend the Facility to participate in the Activities, I agree to expressly contract with the company and to be bound by these terms and conditions.


By applying my electronic signature to this agreement, I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper and that it cannot be changed verbally. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable.

Note: Create a signature on the signature section before proceeding

 

Today's Date: May 17, 2024

First Participant Name

First Name*

Last Name*

Phone*
First Participant Date of Birth*
First Participant contact details

Emergency contact's name: *

Emergency contact's number: *
First Participant Signature*
Second Participant Name

First Name*

Last Name*
Second Participant Date of Birth*
Second Participant contact details

Emergency contact's name: *

Emergency contact's number: *
Third Participant Name

First Name*

Last Name*
Third Participant Date of Birth*
Third Participant contact details

Emergency contact's name: *

Emergency contact's number: *
Fourth Participant Name

First Name*

Last Name*
Fourth Participant Date of Birth*
Fourth Participant contact details

Emergency contact's name: *

Emergency contact's number: *
Fifth Participant Name

First Name*

Last Name*
Fifth Participant Date of Birth*
Fifth Participant contact details

Emergency contact's name: *

Emergency contact's number: *
Sixth Participant Name

First Name*

Last Name*
Sixth Participant Date of Birth*
Sixth Participant contact details

Emergency contact's name: *

Emergency contact's number: *
Seventh Participant Name

First Name*

Last Name*
Seventh Participant Date of Birth*
Seventh Participant contact details

Emergency contact's name: *

Emergency contact's number: *
Eighth Participant Name

First Name*

Last Name*
Eighth Participant Date of Birth*
Eighth Participant contact details

Emergency contact's name: *

Emergency contact's number: *
Ninth Participant Name

First Name*

Last Name*
Ninth Participant Date of Birth*
Ninth Participant contact details

Emergency contact's name: *

Emergency contact's number: *
Tenth Participant Name

First Name*

Last Name*
Tenth Participant Date of Birth*
Tenth Participant contact details

Emergency contact's name: *

Emergency contact's number: *
Participant 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*
Check to receive information, news, and discounts by e-mail.
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*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's contact details

Emergency contact's name: *

Emergency contact's number: *
Parent or Guardian's Signature*
Electronic Signature Consent*
 By applying my electronic signature to this agreement, I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper and that it cannot be changed verbally. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable.


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