under 18 waiver.
climbing is a dangerous recreational activity with obvious risks — you are participating at your own risk.
- “Company” means BlocHaus Pty Ltd, BlocHaus Canberra Pty Ltd, BlocHaus Port Melbourne Pty Ltd, BlocHaus Marrickville Pty Ltd & any other related companies.
- “Activities” means any use of the Facilities in any way whatsoever.
- “Facilities” means the climbing walls & holds, all rooms/areas of the gym, slacklines, strength & training equipment & all & every other piece of equipment in any BlocHaus Pty Ltd associated facility Australia wide.
Bouldering, rock climbing, slack lining & the use of hang-boards & other rock climbing & strength training equipment are dangerous recreational activities which involve inherent, incidental & significant risks including, but not limited to, uncontrolled falling, collision with objects, walls, climbing holds, unprotected floors & other patrons as well as stress & overuse injuries as the result of improper technique or excessive strain. The activities may cause death, physical injuries (including fractures, hyperextension, overuse injuries, cuts & abrasions, sprains & brain trauma) & psychological injuries (including panic attacks, hyperventilation & associated heart conditions).
obvious risk notice.
For the above reasons, the activities involve a significant risk of physical harm & are therefore “dangerous” recreational activities. The customer acknowledges the obvious risks associated with the Activities & that, by signing this registration & waiver form, I am waiving my rights to seek compensation from the Company, its employees & agents as set out below.
terms & conditions.
In consideration for registration & permission to participate in the Activities provided by the Company at a BlocHaus bouldering gym, the customer:
- Agrees to the payment of all membership or usage fees as advertised by the Company
- Acknowledges they have read the above Risk Warning & Obvious Risk Notice & not relied on any other representation or warranty in entering into this agreement
- Agrees that they have been sufficiently advised of the risks, dangers & hazards associated with their participation in the Activities
- Wholly assumes & accepts all liability for the materialisation of any risks, dangers & hazards, associated with their actions & the actions of any persons in their care in participation of the Activities
- Agrees to participate & voluntarily assume the risk or injury of bodily harm to themselves or any person in their care
- Warrants that they do not suffer from any medical condition that may affect their ability to participate safely in the Activities
- Agrees to abide by all lawful instructions given by the staff & agents of the Company & further agrees to indemnify the Company, its employees & agents against all liability that may incur, including legal costs, caused by the Customer’s negligence or failure to comply with such instructions
- Agrees that they have read, understood & agree to comply with all the rules & safety instructions & warning notices as may be displayed throughout the facility from time to time
- Agrees to ask for an explanation to their satisfaction should they not fully understand any of the instructions prior to commencing any Activities
- Agrees that if they suffer injury or illness while at the Facility, Company employees or agents may at the customer’s cost, arrange medical treatment & medical evacuation service as BlocHaus deems necessary
- Agrees to inform Company employees or agents immediately upon sustaining any injury while at the facility & provide the Company with written details & documentation of any injury &/or medical treatment
- Acknowledges & 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 & agents of the Company have the right to request them to leave the premises immediately & that they will not be entitled to a refund or recourse of any nature
- Releases, agrees to indemnify & hold harmless the Company, its employees & 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:
- in negligence for breach of duty of care or failure to exercise reasonable care & skill
- as a breach of contract or any express or implied warranty, obligation, term, condition or contractual duty of care
- 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
- as a breach of any statute, statutory warranty or term implied in contract under statute (including the warranties implied by the Competition & Consumer Act 2010 (Cth))
- Acknowledges, agrees & understands that the risk warning above constitutes a formal ‘risk warning’ for the purposes of the relevant legislation, including for the purposes of:
- the Civil Liability Act 2002 (NSW)
- the Wrongs Act 1958 (Vic), &
- the Civil Laws (Wrongs) Act 2002 (ACT)
- Acknowledges that the terms & conditions of this agreement are wholly contained in this form & do not incorporate any representation, prior agreement or other terms
- Agrees that the terms & conditions of this agreement are ongoing & will apply on all occasions which the customer participates in the Activities provided by the Company
- Agrees that the terms & conditions of this agreement are binding on the Customer’s heirs, executors & assigns
- 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
- 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
- Acknowledges that on occasion, promotional videos or photographs may be used by the Company which may include their image whilst participating in the Activities & consents to this use unless the Customer specifically requests the company in writing that their image is not to be used for this purpose
- Acknowledge that security video is used on the public areas of the Facility & consents to this use for security & safety purposes, &
- Acknowledges that:
- they are 18 years of age or older & legally competent to sign this agreement; or
- their legal parent, guardian or supervising adult has signed this form on their behalf
- Acknowledges that they are responsible for the safety & conduct of a minor under their supervision & will correctly supervise them while they are at the Facility, even if they are not the parent or guardian of the minor
By signing this form, the Customer acknowledges, understands & agrees to all of the above statements, terms &/ or conditions.
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