Climb Australia Waiver

Indoor Rock climbing recreational activity risk warning, acknowledgement, waiver and release form.

Participation in rock climbing, abseiling and bouldering (Recreational Activities) supplied by C & E Cowling Pty Ltd T/A Climb Australia, Climb Brisbane, Climb Toowoomba (Service Provider) involves significant risks, including the risk of personal injury and death. Particular risks include but are not limited to falls from height; improper use or failure of equipment; the impact of falling climbing holds or features; heart attack, panic or hyperventilation in susceptible individuals due to the physically demanding nature of the activities; negligence on the part of the Participant or others around the Participant.

1) Before you participate in the Recreational Activities, you should ensure that you are aware of, and properly understand, all of the risks involved in the Recreational Activities, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which you suffer.

2) The Service Provider’s policies for your participation in the Recreational Activities are as follows: 2.1 Please conduct yourself with courtesy, respect and kindness. When the Service Provider’s staff set out particular requirements for the Recreational Activities, we ask that you comply with those requirements to ensure that both you and other participants can enjoy the Recreational Activities to the greatest extent possible and in the safest manner possible. 2.2 Please let the Service Provider know of any injuries or concerns prior to the Recreational Activities commencing. If at any point before or during your participation in the Recreational Activities the Service Provider’s staff consider that you are unfit for the Recreational Activities or pose a risk to yourself or others, then the Service Provider’s staff have the right to ask you to not participate in the Recreational Activities. 2.3 In order to protect your health and safety, we ask that you listen carefully to all instructions from the Service Provider’s staff both before and during your participation in the Recreational Activities. 2.4 The Service Provider recommends that you consult with a physician before starting the Recreational Activities. If you experience any pain or discomfort during your participation in the Recreational Activities, stop participating immediately and seek medical attention. 2.5 If you are pregnant, we ask that you let the Service Provider’s staff know prior to commencement of your participation in the Recreational Activities for your safety. 2.6 You understand that it is your responsibility to judge your physical and to ensure that when participating in the Recreational Activities, that you will not exceed your limits. You acknowledge that you will select the appropriate level of Recreational Activities for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that from time to time the Service Provider’s staff may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if this is appropriate for your level of ability and physical and mental condition. You warrant that you are in good health and in proper physical and mental condition to participate in the Recreational Activities and you agree that if at any time you believe conditions to be unsafe, you will immediately stop further participation in the Recreational Activities.

3) By signing this document, you acknowledge, agree and understand that you engage or participate in the Recreational Activities voluntarily and at your own risk in full knowledge of the risks generally and the particular risks described above.

4) If signing this document as a parent, guardian or responsible person performing parenting responsibilities of the Participant, you acknowledge and agree that you have explained to the Participant that the Recreational Activities provided by the Service Provider may involve risks generally and the Particular risks described above.

5) By signing this document, you also acknowledge, agree and understand that the risk warning above constitutes a formal 'risk warning' for the purposes of the relevant legislation, including for the purpose of Sections 13-19 of the Civil Liability Act 2003 (QLD).

6) By signing this document, you recognise that there is risk involved in the types of activities offered by the Service Provider. You hereby accept financial responsibility for any injury that you may cause either to yourself or to any other participant due to your negligence. Should the Service Provider, any person connected with the Service Provider, or anyone acting on their behalf, be required to incur legal fees and costs to enforce this document, you agree to reimburse them for such fees and costs. You further agree to indemnify and hold harmless the Service Provider, its principals, agents, employees and volunteers from liability for any injury or death of any person(s) (including myself) and damage to property that may result from your negligent or intentional act or omission while participating in the Recreational Activities offered by the Service Provider.

7) Section 139A of Competition and Consumer Act, 2010 (Cth) permits the Service Provider of the Recreational Activities and associated services to ask you to agree that the statutory guarantees under the Australian Consumer Law (Cth) do not apply to the Participant (or a person for whom or on whose behalf you are acquiring the services to engage in the Recreational Activities).

8) By signing this document, you acknowledge, agree and understand that, to the full extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth)): 8.1. Your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the Service Provider, its servant and agents, in relation to the Recreational Activities if the Recreational Activities or associated services were not provided to you in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and 8.2. You (or the person for whom or on whose behalf you are acquiring the services) release the Service Provider, its servant and agents, from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill.

9) By signing this document, you acknowledge, agree and understand that, to the full extent permitted by law, the liability of the Service Provider in relation to recreational services and activities (as that term is defined in the Australian Consumer Law (Cth) and any similar state laws) for any: 9.1. death; 9.2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); 9.3. the contraction, aggravation or acceleration of a disease; 9.4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (i) that is or may be harmful or disadvantageous to you or the community; (ii) that may result in harm or disadvantage to you or the community; (iii) that may be suffered by you (or a person for whom or on whose behalf you are acquiring the Recreational Activities), resulting from the supply of recreational services or Recreational Activities is excluded.

10) By signing this document, to the full extent permitted by law, you (or the person for whom or on whose behalf you are acquiring the services) agree to waive and/or release the Service Provider, its servants and agents, from any claim, right or cause of action which you or your heirs, successors, executors, administrators, agents and assigns might otherwise have against the Service Provider, its servant and agents, for or arising out of your death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever which you may suffer or sustain in the course of or consequential upon or incidental to your participation in the Recreational Activities, whether caused by the negligence of the Service Provider, its servant and agents, or otherwise.

11) By signing this document, you acknowledge, agree and understand that: 11.1. The Service Provider will permit you to participate in the Recreational Activities, and provide you with the associated services, in part in consideration of you signing this document; 11.2. The Service Provider may rely on this document in any proceedings commenced in any Court by me or by my heirs, executors and assigns; 11.3. The laws of Queensland govern this document.

13) By signing this document you agree that the waivers and releases contained in this document apply for every visit you make to the Service Provider until such time as you withdraw or modify your consent in writing or the Service Provider modifies these terms with your consent by signing a new document. You will not be required to sign future waivers on the understanding that this waiver document shall apply to all your future participation in the Recreational Activities.

14) Participants involved in any activities offered by the Service Provider may be photographed or videotaped while participating in such activities. By signing this document, you consent to the use of those photographs and footage without compensation, on the Service Provider’s website, social media platforms or in any editorial, promotional or advertising materials produced and/or published by the Service Provider.

15) I have read and understood this express assumption of risk and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.