Facility Waiver & Acknowledgement of Risk (Adults & Minors)

Important – Please Read Before Continuing

• The waiver must be completed for the adult first, even if the adult is not taking part.
  Please enter the Adult Full Name and Adult Date of Birth at the start of the form.

• You will be given the option to add participants who are minors at the end of this form.
   

ADULT - WAIVER

Beyond Bouldering Pty Ltd (ABN: 614879980) is dedicated to creating a safe environment for participants. However, as indoor rock climbing and the use of training equipment are inherently dangerous, it is our requirement that all participants sign this waiver. Prior to participating in any indoor rock climbing activity (bouldering), you should ensure that you are aware of all the risks involved, including those risks associated with any condition that you may have.

Acknowledgement of Risk and Assurances; and

Form 1—Recreational services—Exclusion, restriction or modification of rights under the Australian Consumer Law (SA)

Acknowledgement of Risk:

I acknowledge that participation in the indoor rock climbing (bouldering) and use of training equipment recreational activity (“Recreational Activity”) provided by Beyond Bouldering Pty Ltd t/as Beyond Bouldering (“Beyond Bouldering”) in South Australia, is a physically demanding Recreational Activity that involves inherent and significant risks, including the risk of personal injury, illness, or death.

I understand that these risks may include, but are not limited to:

• Falling from height;
• Failure or misuse of climbing equipment or harnesses;
• Human error, including errors by myself, instructors, or other participants;
• Physical exertion, fatigue, dehydration or medical events;
• Contact with walls, the ground, or other participants.

I understand that these risks may result in serious personal injury or death, even when all Reasonable care and skill is exercised.
I acknowledge that I voluntarily choose to participate in the Recreational Activity with knowledge of these risks, and that some risks cannot be eliminated even with the exercise of due care and skill.

Assurances

1. I agree to follow and comply with all reasonable directions, rules and safety instructions provided by Beyond Bouldering and/or its employees.
2. I agree to follow and comply with all safety and other notices displayed at Beyond Bouldering’s premises.
3. I do not suffer from any medical condition nor am I aware of any reason that may affect my ability to participate safely in the Recreational Activity at Beyond Bouldering.
4. I agree not to participate in the Recreational Activity at Beyond Bouldering under the influence of drugs or alcohol.
5. To the extent permitted by law, I indemnify, release and forever discharge Beyond Bouldering and its directors, officers, employees, agents, contractors, volunteers, administrators or assigns from any liability, claim, demand or legal action (including liability for negligence) for personal injury or death arising from:
   1. My participation in the Recreational Activity at Beyond Bouldering; and/or
   2. Beyond Bouldering’s supply of recreational services (as defined in section 139A of the Competition and Consumer Act 2010 (Cth), and any equivalent state or territory legislation)
6. I have read and understood the Acknowledgement of Risk and Assurances set outabove, and I have been provided with an opportunity to receive clarification on anyquery or concern regarding the contents of the Acknowledgement of Risk andAssurances, my participation in the Recreational Activity at Beyond Bouldering, and Beyond Bouldering’s supply of recreational services (as defined in section 139A of the Competition and Consumer Act 2010 (Cth), and any equivalent state or territory legislation).

 Your rights:
Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services 1), there is—

• A statutory guarantee that those services will be rendered with due care and skill; and
• A statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
• A statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the
  services).

Excluding, restricting or modifying your rights:
Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify their liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).

If you sign this form, you will be agreeing to exclude, restrict or modify the supplier's liability with the result that compensation may not be payable if you or the third-party consumer suffer personal injury 2.

Important
You do not have to agree to exclude, restrict or modify your rights by signing this form. The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form.

Even if you sign this form, you may still have further legal rights against the supplier. A child under the age of 18 cannot legally agree to exclude, restrict or modify their rights. A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.

Agreement to exclude, restrict or modify your rights:
I agree that the liability of Beyond Bouldering Pty Ltd t/as Beyond Bouldering for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded.

Definitions

1 Recreational services are services that consist of participation in—

• A sporting activity or similar leisure-time pursuit; or
• Any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.

2 Personal injury is bodily injury and includes mental and nervous shock and death.

Further information:

Further information about your rights can be found at www.cbs.sa.gov.au