Climbing WaiverPurpose1. The purpose of this Climbing Waiver is to:(a) inform you that Climbing is a dangerous recreational activity;(b) inform you that Climbing has obvious associated risks which may result in an Injury; and(c) obtain your Waiver for our benefit.Interaction with Terms and Conditions2. This Climbing Waiver is to be read in conjunction with, and in addition to, our Terms and Conditions. To the extent there is any inconsistency, the terms that act to most completely reduce our liability will prevail.
Terms of Waiver3. Climbing is a dangerous recreational activity involving obvious and inherent risk of injury to person and property. Climbing with poor technique, whilst in poor physical condition or with the exercise of poor judgement, together with obvious risks, may all contribute to Injury.4. By signing this Climbing Form, and in consideration of our permission to use our facilities and equipment and participate in the activity of Climbing, you agree that you accept any risk associated with Climbing and provide the Waiver in our favour.5. You further warrant in our favour that you:(a) are in suitable physical condition and have the requisite skill to conduct the activity of Climbing at our facilities;(b) are capable of receiving and comprehending any instruction we may give you regarding Climbing and the use of any equipment or technique associated with Climbing; and(c) will observe and comply with the Rules.
I have read this Climbing Waiver thoroughly, understand the terms and provide the Waiver. My participation in the activity of Climbing and use of the indoor rock-climbing wall, facilities and equipment is voluntary and I accept the risks.
Definitions1. Associates means any of our directors, owners, employees, contractors, agents, invitees (including any other user of the facilities) and suppliers of any equipment associated with Climbing.2. Claim means any claim or cause of action (including breach of contract and negligence) against us or any of our Associates arising from any alleged Injury or other claimed damage caused, whether directly or indirectly, by Climbing or the use of our facilities in any way whatsoever including if alleged to be caused directly or indirectly by us or our Associates.3. Climbing means the activity of indoor rock climbing and bouldering, use of hang-boards or use of any other rock-climbing equipment at our facilities.4. Injury includes any:(a) physical injuries or damage (or worsening of existing conditions) including fractures, hyperextension, sprains, muscle tears, contusions, concussions, heart attacks and any other physiological damage to your body;(b) psychological injuries or damage (or worsening of existing conditions) including panic attacks, phobias and post traumatic stress disorder; and(c) damage to personal property.5. Rules means the rules associated with Climbing (and use of our facilities and equipment) as they exist from time to time and which are attached to this Climbing Waiver as "Annexure A"6. Terms and Conditions means the terms and conditions of The Cave Gym Pty Ltd as trustee for the Cave Investment Trust as they may be varied from time to time.
7. "Us, we, our" in each instance of use means Cave Gym Pty Ltd as trustee for the Cave Gym Investment Trust and our employees, contractors and agents.8. Waiver means the full and complete consent and waiver provided by you in the favour of Cave Gym Pty Ltd as trustee for the Cave Gym Investment Trust, releasing us and our Associates from any liability whatsoever to you (or any party permitted to claim for or in respect of you) arising from any Claim or other right to compensation due to any Injury or other claim for damages or compensation related directly or indirectly to the activity of Climbing or any use of our facilities however caused including whether by our negligence or the negligence of any of our Associates.
Annexure ARules1. All climbers must be of the minimum age allowed by The Cave Gym. The minimum age is set at the discretion of The Cave Gym Management.2. All climbers must participate in:(a) a safety demonstration (either presented in person by one of our staff, or watching our safety video); and(b) any staff instruction considered reasonably necessary to ensure climbers have the requisite knowledge to safely climb.3. It is the responsibility of each climber to:(a) advise us if they do not consider they have not received sufficient instruction, or do not comprehend the instruction, to the extent that they can climb safely; and(b) not participate in Climbing until they believe they are sufficiently confident in their knowledge and capability.4. If any member of staff does not believe a climber is sufficiently capable then the staff member may in his or her discretion:(a) provide further instruction to the climber; or(b) direct the climber not to participate in (or to cease) Climbing.5. No one will be allowed to participate in Climbing unless an approved staff member is present at the Facility, and only during staffed hours (unless otherwise arranged and approved with The Cave Gym Management.6. Only approved climbing equipment is allowed for Climbing and approved bouldering shoes must be used for Climbing.7. Only liquid chalk may be used in Climbing, unless agreed otherwise8. You must ensure you:(a) wear suitable tight-fitting clothing that will not catch on the climbing wall; and(b) do not wear jewellery or personal accessories that are not suitable for Climbing.9. We may not permit you to participate in Climbing if, in our complete discretion, we believe your attire is not suitable.
10. Any spotters or spectators must:(a) stay clear of climbers, so that climbers may fall cleanly to the mats; and(b) ensure they follow all our directions, including any direction to vacate the area for any reason (for example, if the amount of people present exceed the maximum capacity of the facilities).11. All climbers must ensure they:(a) do not endanger or interfere with the activities of other climbers or person present in the facilities, and(b) observe maximum users for the climbing wall or any part of the climbing wall.12. In the event the facilities reach maximum capacity then spectators may be asked to leave to reduce capacity, and with preference given to actual climbers and spotters.13. Any breach of these Rules may lead to a climber being directed to cease climbing and leave the facilities.14. We may at our complete discretion provide any instruction, require you to comply with any direction or require you to cease Climbing at any time.