1. DEFINITIONS
“Event” means participation in Ascension Sessions outdoor activities organised by Caviar Climbing, including:
- Travel to and from the meeting location
- Parking areas
- The entire approach walk and access tracks
- Scrambling and movement over natural terrain
- Time spent in and around bouldering areas
- Climbing (unroped), spotting, crash pad placement and movement
- Rest periods and social interaction
- The descent and return walk
- Any associated gathering before, during, or after climbing
The Event formally begins at the commencement of the approach and continues until the participant has departed the area.
2. ACKNOWLEDGEMENT OF DANGEROUS RECREATIONAL ACTIVITY
I acknowledge and agree that:
- Outdoor bouldering is an unroped climbing activity conducted in uncontrolled natural environments.
- It constitutes a dangerous recreational activity within the meaning of the Civil Liability Act 2002 (NSW).
- It involves inherent and obvious risks, including but not limited to:
- Falls from height
- Incorrect landing or missing crash pads
- Movement or failure of crash pads
- Ineffective spotting
- Collision with rock, ground, trees, or other participants
- Rockfall or unstable holds
- Slips, trips, and falls on approach tracks
- Cliff edges and exposed drop-offs
- Remote locations and delayed emergency response
- Limited mobile reception
- Sudden weather changes, heat illness, dehydration
- Bushfire risk
- Wildlife encounters
- Actions, omissions, or negligence of other participants
I understand that these risks may result in serious injury, permanent disability, or death.
3. ASSUMPTION OF RISK
I voluntarily and knowingly assume all risks associated with participation in the Event, whether such risks are obvious or not, and whether caused by natural conditions, equipment, other participants, or otherwise.
I acknowledge that Caviar Climbing has no control over natural terrain, environmental conditions, or the conduct of participants.
4. APPLICATION OF CIVIL LIABILITY ACT 2002 (NSW)
I acknowledge that:
- Sections 5F–5I of the Civil Liability Act 2002 (NSW) provide that a person is not liable for harm suffered as a result of obvious risks of a dangerous recreational activity.
- I accept that the Event involves such obvious risks.
- I agree that Caviar Climbing has no duty to warn me of obvious risks associated with the Event.
To the extent permitted by law, I exclude liability for harm arising from those risks.
5. COMMUNITY STATUS AND NON-RELIANCE
I acknowledge and agree that:
- Ascension Sessions is a free community-based gathering.
- It is not a commercial guiding or instructional service.
- Any advice, mentoring, or guidance provided is informal and peer-based only.
- No organiser or participant is acting as my instructor, supervisor, or safety guarantor.
- I am solely responsible for assessing my competence and deciding whether to attempt any climb.
I confirm that I am not relying on Caviar Climbing or any participant for safety assurance.
6. EQUIPMENT RESPONSIBILITY
I acknowledge that:
- I am responsible for inspecting and safely using my own equipment.
- Any shared community equipment (including crash pads) is provided “as is” without warranty.
- Crash pads and spotting reduce but do not eliminate the risk of injury.
- I accept full responsibility for equipment use.
7. CONDUCT AND IMPAIRMENT
I agree that:
- I will act responsibly and not endanger myself or others.
- I will not climb while under the influence of alcohol or drugs.
- Organisers may direct me to cease participation or leave the Event if I behave unsafely or appear impaired.
- Failure to comply may result in removal from the Event.
8. RELEASE OF LIABILITY
To the maximum extent permitted by law, I:
- Release and discharge Caviar Climbing, its owners, directors, volunteers, organisers, agents, and affiliates from all liability for injury, death, property damage, economic loss, or consequential loss arising from participation in the Event.
- Release them from liability arising from negligence or breach of duty to the extent permitted by law.
- Agree not to bring any claim or proceedings against them in relation to the Event.
This release applies to all aspects of the Event as defined in Section 1.
9. INDEMNITY
I agree to indemnify and hold harmless Caviar Climbing against any claim, demand, action, or proceeding brought by any third party arising from:
- My conduct
- My breach of this agreement
- Injury or damage I cause to another person
10. MEDICAL FITNESS AND CONSENT
I confirm that:
- I am medically fit to participate.
- I understand emergency services may be delayed due to location.
- I consent to receiving basic first aid from volunteers if required.
- I authorise organisers to contact emergency services on my behalf.
- I accept responsibility for any associated medical or evacuation costs.
11. PERSONAL PROPERTY
Caviar Climbing is not responsible for loss, theft, or damage to:
- Personal belongings
- Climbing equipment
- Vehicles
12. MEDIA CONSENT
I consent to photographs and video being taken during the Event for promotional purposes.