PORTSIDE BOULDERS WAIVER
Terms of Participation:
I, the Participant/the parent/guardian of the abovementioned Participant, acknowledge and agree with RB Climbing Pty Ltd (ACN 617 088 767), RB Climbing Osborne Park Pty Ltd (ABN 16 633 728 480), RB Climbing Three Pty Ltd (ABN 645 150 992), and RB Climbing Four Pty Ltd (ABN 98 674 873 673), as follows:
1. For the purposes of this document:
(a) “Activities” means any and all activities associated with bouldering, rock climbing, slack lining, the use of rock climbing equipment, or the participation in any yoga classes, studio classes, bouldering classes including Youth and Holiday programs, and the use of gym equipment
(b) “CC Act” means the Competition and Consumer Act 2010 (Cth)
(c) “CL Act” means the Civil Liability Act 2002 (WA)
(d) “Climbing Area” means that part of the premises at which the Activities are carried out, as that
area is set by the Provider from time to time
(e) “OL Act” means the Occupiers Liability Act 1985 (WA)
(f) “the Provider” means RB Climbing Pty Ltd (ACN 617 088 767), RB Climbing Osborne Park Pty Ltd (ABN 16 633 728 480), RB Climbing Three Pty Ltd (ABN 645 150 992), or RB Climbing Four Pty Ltd (ABN 98 674 873 673) and its employees and agents
2. I have read the Schedule of Risks and this document.
3. I understand that this document represents a risk warning for the purposes of section 5I of the CL Act and I willingly assume the risks outlined in the Schedule of Risks for the purposes of:
(a) Section 5(2) of the OL Act which provides that the Provider, as occupier of the premises on which the Activities will be carried out, does not owe me any duty of care for risks I have willingly assumed.
(b) Section 5H of the CL Act, which provides that the Provider is not liable for harm suffered by a person due to an obvious risk associated with a dangerous recreational activity.
(c) Section 5I of the CL Act, on behalf of any child that participates in an Activity, for which I am a parent or guardian.
4. In signing this document, I understand that I HEREBY:
(a) waive the right to make a claim of any nature for any alleged loss or compensation against the Provider; and
(b) agree not to seek or sue for damages, any relief, costs expenses and/or losses whether pecuniary or non-pecuniary in any court or tribunal of competent jurisdiction and agree that this document may be pleaded in bar to any claim or action.
5. I agree to abide by all lawful directions given by the Provider, including safety warning signs displayed from time to time.
6. I acknowledge that I have watched and understand the Portside Boulders introductory safe climbing video.
7. I undertake not to participate in any of the Activities while affected by any alcohol or any drugs which may impair my reflexes, balance, physical ability, cognitive function, strength, reaction times, endurance or memory.
8. I understand that in the event of the Provider considering me to have consumed any alcohol or any drugs which may impair my reflexes, balance, physical ability, cognitive function, strength, reaction times, endurance or memory, the Provider reserves the right to prohibit me from participating in the Activities.
9. I do not suffer from any medical condition, or know of any other reason, that may affect my ability to participate safely in the Activities.
10. I acknowledge that the Provider may, at its own discretion, prohibit me, temporarily or permanently, from participating in the Activities or from being present in the Climbing Area for any reason, including but not limited to if the Provider believes that I have consumed any alcohol or any drugs which may impair my reflex.
11. In return for permitting me to participate in the Activities, I agree with the Provider that each time I participate in the Activities:
(a) I do so at my own risk.
(b) The Provider will not be liable for any harm (as defined by Section 3 of the CL Act) to me because of:-
(i) a breach of an express or implied warranty or condition that the Activities will be rendered with reasonable care and skill;
(ii) a breach of a warranty implied by the and the Australian Consumer Law;
(iii) the negligence or default of the Provider under the general law; or
(iv) the realisation of any of the risks outlined in the Schedule of Risks.
12. I will indemnify the Provider against all expenses, losses, liabilities, damages and legal costs that it or they sustain or incur by reason of any claim or action by or on behalf of me.
13. If any provision of this document is illegal, unenforceable or void by reason of any present or future law, it must be severed, and this document must be construed without it and the remainder given full force and effect.
Media Declaration of Consent and Release
Portside Boulders wishes to record photographs and videos of attendees for promotional and marketing purposes. These photographs and videos may be used across various mediums, including publications, promotional material, broadcast, print, and electronic media, in relation to Portside Boulders and its activities.
Portside Boulders will take all reasonable steps to ensure images and videos are used solely for their intended purposes. If you become aware of inappropriate use, please notify us immediately at media@portsideboulders.com.au
By signing this declaration, I voluntarily grant RB Climbing Pty Ltd, RB Climbing Osborne Park Pty Ltd, RB Climbing Three Pty Ltd, and RB Climbing Four Pty Ltd (trading as Portside Boulders), its representatives, and employees, the right to take photographs and videos of me and my property in connection with their activities.
I authorise RB Climbing Pty Ltd, RB Climbing Osborne Park Pty Ltd, RB Climbing Three Pty Ltd, and RB Climbing Four Pty Ltd (trading as Portside Boulders), and their assigns and transferees to use these photographs/videos in whole or in part, without restriction, in any medium, for any purpose related to Portside Boulders, and I acknowledge that the images/videos may be altered as needed for such purposes.
I agree that RB Climbing Pty Ltd, RB Climbing Osborne Park Pty Ltd, RB Climbing Three Pty Ltd, and RB Climbing Four Pty Ltd (trading as Portside Boulders) may use photographs/videos of me, with or without my name, for lawful purposes, including but not limited to publicity, illustration, advertising, and online content.
I understand that this consent is valid indefinitely unless I revoke it in writing. Should I revoke my consent, I acknowledge that Portside Boulders will cease further use of my images/videos but may not be able to withdraw materials already published or distributed.
I release and indemnify RB Climbing Pty Ltd, RB Climbing Osborne Park Pty Ltd, RB Climbing Three Pty Ltd, and RB Climbing Four Pty Ltd (trading as Portside Boulders) from any claims arising from the use of the images/videos, except where such use breaches applicable laws.
Guardian Acknowledgement
I, as the legal guardian of the minor I am signing for, consent to the use of my child/dependent’s photograph/video by RB Climbing Pty Ltd, RB Climbing Osborne Park Pty Ltd, RB Climbing Three Pty Ltd, and RB Climbing Four Pty Ltd (trading as Portside Boulders) for the following purposes:
For display purposes and in official organisation documentation and signage.
On Portside Boulders’ website.
On Portside Boulders’ official social media pages.
This consent is given voluntarily, and I understand that it is valid indefinitely unless revoked in writing.
Schedule of Risks
I acknowledge that, by reading this document, I have been advised of the following:
(a) the Activities are, by their nature, dangerous and risky physical activities that may be harmful to me;
(b) the Activities involve inherent, incidental and significant risks, including but not limited to: equipment failure, human error, uncontrolled falling and collision with objects, walls, floors and other people which may cause or contribute to death, physical injuries and psychological injuries; and
(c) because of the risks set out above, in participating in the Activities I will be exposed to the risk of serious personal injury or death.