Bouldering is a recreational activity with obvious risks.
You are participating at your own risk
“Company” means Buffalo Boulders operating under Full Send Collective Pty Ltd
“Activities” means the use of the facility in any way whatsoever.
“Owner of the Premises” means the landlord of the building from which Buffalo Boulders
operates.
“Facilities” means Climbing walls and holds, all rooms/areas of the gym, slacklines, strength
and training equipment and all and every other piece of equipment at Buffalo Boulders,
Myrtleford
Risk Warning
Bouldering, Rock Climbing, Slack lining, the use of hangboards and other rock climbing
equipment are dangerous recreational activities which involve inherent, incidental and
significant risks including but not limited to, uncontrolled falling, collision with objects, walls,
climbing holds, unprotected floors and other patrons as well as stress and overuse injuries as
the result of improper technique or excessive strain. The activities may cause physical injuries
including fractures, hyperextension, overuse injuries, cuts and abrasions, sprains, brain trauma
and death. Psychological injuries such as panic attacks, hyperventilation and associated heart
conditions are also a risk.
Obvious Risk Notice
For the above reasons, the activities involve a significant risk of physical harm and are therefore
“dangerous” recreational activities. The customer acknowledges the obvious risks associated
with the activities and that by signing this registration and waiver form, I am waiving my rights to
seek compensation from the company, its employees, agents and the owner of the premises as
set out below.
Terms and Conditions
In consideration for registration and permission to participate in the activities provided by the
company at Buffalo Boulders bouldering gym, the customer: 1. Agrees to the payment of all
membership or usage fees as advertised by the company, 2. Acknowledges that they have read
and understand the above Risk Warning and Obvious Risk Notice and not relied on any other
representation or warranty in entering into this agreement, 3. Agrees that they have been
sufficiently advised of the risks, dangers and hazards associated with their participation in the
activities, 4. Wholly assumes and accepts all liability for the materialisation of any risks,
dangers and hazards, associated with their actions and the actions of any persons in their care
in participation of the activities, 5. Agrees to participate and voluntarily assume the risk of injury
or bodily harm to themselves or any person in their care, 6. Warrants that they do not suffer
from any medical condition that may affect their ability to participate safely in the activities, 7.
Agrees to abide by all lawful instructions given by the staff and agents of the company and
owner of the premises and further agrees to indemnify the company, its employees and agents
against all liability that may incur, including legal costs, caused by the customers negligence or
failure to comply with such instructions, 8. Agrees that they have read, understood and agree tocomply with all the rules, safety instructions and warning notices that may be displayed
throughout the facility from time to time, 9. Agrees to ask for an explanation to their satisfaction
should they not fully understand any of the instructions prior to commencing any activities, 10.
Agrees that if they suffer injury or illness while at the facility, Company employees or agents
may at the customers cost, arrange medical treatment and medical evacuation service as
Buffalo Boulders deems necessary, 11. Agrees to inform Company employees or agents
immediately upon sustaining any injury while at the facility and provide the company with
written details and documentation of any injury and or medical treatment, 12. Acknowledges
and accepts that should any actions or the actions of those in their care present a danger or be
of a reckless nature to themselves or to others at the Facility, then employees and agents of the
Company have the right to request for them to leave the premises immediately and they will
not be entitled to a refund or recourse of any nature, 13. Releases, agrees to indemnify and hold
harmless the Company, its employees and agents and the owner of the premises for any
liability for personal injury or death resulting from or in connection with the Customers
participation in the activities which may arise: a) in negligence for breach of duty of care or
failure to exercise reasonable care and skill b) as a breach of contract or any express or implied
warranty, obligation, term, condition or contractual duty of care c) as a result of any
representation or warranty as to the suitability of the Facilities provided by the Company or the
safety of the Activities, or d) as a breach of any statute, statutory warranty or term implied in
contract under statute(including the warranties implied by the Competition and Consumer Act
2010(Cth)) 14. Acknowledges, agrees and understands that the risk warning above constitutes
a formal ‘risk warning’ for the purposes of the relevant legislation, including for the purposes of
the relevant legislation, including for the purposes of: a) the Civil Liability Act 2002 (NSW) b) the
Wrongs Act 1958 (Vic), and c) the Civil Laws (Wrongs) Act 2002 (Act) 15. Acknowledges that the
terms and conditions of this agreement are wholly contained in this form and do not
incorporate any representation, prior agreement or other terms, 16. Agrees that the terms and
conditions of this agreement are ongoing and will apply on all occasions which the customer
participates in the Activities provided by the Company, 17. Agree that the terms and conditions
of this agreement are binding on the customers heirs, executors and assigns, 18. Agrees that to
the extent which this agreement shall be contrary to law or void, in whole or in part, it shall be
read down to the extent necessary to but shall otherwise operate to the full extent permitted by
law, 19. Acknowledges that the purpose of this document is, to the maximum extent permitted
by law, to exclude any liability for personal injury which might be incurred by the Company, its
employees or agents and the owner of the premises arising out of or in connection with the
Customers participation in the Activities, 20. Acknowledges that on occasion, promotional
videos or photographs may be used by the company which may include their image whilst
participating in the Activities and consents to this use unless the Customer specifically
requests the company in writing that their image is not to be used for this purpose,21.
Acknowledge that security video is used on the public areas of the Facility and consents to this
use for security and safety purposes, 22. Acknowledges that: a) they are 18 years of age or older
and legally competent to sign this agreement; or b) their legal parent, guardian or supervising
adult has signed this form on their behalf, 23. Acknowledges that they are responsible for the
safety and conduct of a minor under their supervision and will correctly supervise them while
they are at the Facility, even if they are not the parent or guardian of the minor. By signing this
form, The Customer acknowledges, understands and agrees to all of the above statements,
terms and or conditions.I have had sufficient opportunity to read this entire document, I have read and understood it, and I agree to be bound by its terms
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