Rock Climb Release + Waiver of Liability
Acknowledgement of Risk
The Company provides indoor rock climbing facilities at Cootamundra Sports Stadium.
The Participant understands indoor climbing involves risks that may cause various injuries and that such injuries may result in death or serious disability. The Participant also understands that indoor climbing is physically demanding and in susceptible people may cause panic, hyperventilation, or heart attack.
Recreational activities such as this, involve significant risk of physical harm or personal injury including permanent disability and/or death to participants. Any such injury may result not only from your actions but also from the action, omission, or negligence of other participants.
By signing this Release and Waiver of Liability and Acknowledgement of Risk, you choose to assume these risks voluntarily and you are agreeing to release the Company from any and all claims, right or cause of action, howsoever arising, including from any negligent act or omission of any person, whether or not presently ascertained, immediate, future or contingent which they may have for, or arising out of, loss of their life or injury, damage or loss of any description whatsoever and howsoever caused which they may suffer or sustain in the course of or consequent upon their participation in the activities provided by the Company.
The Participant agrees they must seek full instructions from the Company staff prior to participating in the activities, regardless or prior experience. If the Participant has any doubts or questions following the instructions, the Participant agrees to immediately seek further instruction from the Company staff.
The Participant agrees, that if they or any person under their care or supervision, are having difficulties participating in the activities, they will request the activity be stopped and seek assistance from the Company staff.
The Participant agrees to obey all signs and follow all safety directions given by the Company.
The Participant agrees to follow all safety procedures, practices and rules of the Company, and acknowledges that the Company has relied on this Release and Waiver of Liability and Acknowledgment of Risk, and the representations made herein, as an essential condition in the Participants, participation in the activity.
The Participant confirms they are medically fit (physically and mentally) to undertake the activities,.
The Participant confirms they are not intoxicated or under the influence of any drug or medication that may affect their mental perception, alertness, ability to learn or to respond to an emergency situation.
The Participant agrees that this Release and Waiver of Liability and Acknowledgement of Risk operates in favour of the Company, its employees, assigns, sponsors, agents, and any related bodies and each is a “released person” that those two words are in speech marks and shall so operate whether or not the loss, injury or damage is due or attributable to any act, negligence or omission (including from any negligent act or omission of any person) of any one or more of the released persons.
The Participant agrees that this Release and Waiver of Liability and Acknowledgement of Risk may be pleaded as a complete bar to any claim, notice, demand, action, proceeding, litigation or judgement which has or may be brought or may be recovered against the Company or any of the released persons.
The Participant acknowledges that they engage in a recreational activity at their own risk and, accept to the extent that the law, including the Civil Liability Act 2002, Civil Liability Amendment (Personal Responsibility) Act 2002 and the Competition And Consumer Act 2010 (CCA) provides otherwise, waive, release and discharge all and any claim, right or act of action however arising including from any negligent act or omission of any person whether or not presently ascertained immediate future or contingent which they may otherwise have for, or arising out of loss or loss of life, or injury, damage or loss of any description whatsoever and howsoever caused which they may suffer or sustain in the course of or consequent upon their participation in the activity provided by the Company.
The Participant understands they may be photographed or captured on video at Cootamundra Indoor Rock Climb. The Participant understands these images may be used on promotional material for Cootamundra Pool and Sports Stadium. The Participant gives permission for Cootamundra Pool and Sports Stadium to use their image in this capacity.
The Participant is aware that this waiver is ongoing and will apply to all future occasions they participate in indoor climbing at Cootamundra Sports Stadium within the financial year of signing.
The Participant furthermore acknowledges that this document is contractual and may be relied upon in any proceedings by them, their heirs, executors and assigns.
WARNING – AUSTRALIA CONSUMER LAW AND OTHER LEGISLATION
Under the Australia Consumer Law, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the Company named on this form is required to ensure that the recreational services it supplies to you are rendered with due care and skill and are reasonably fit for any purpose which you, whether expressly or by implication, make known to the Company; and might reasonably be expected to achieve any result you have made known to the Company.
Under the Australian Consumer Law and in some states, other legislation, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the Company under the Australian Consumer Law and other legislation if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted, or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the Company’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequence of the act or omission.