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) and RB Climbing Osborne Park Pty Ltd (ABN 16 633 728 480) as follows:
1. For the purposes of this document:
(a) “Activities” means any and all activities associated with bouldering, rock climbing, slack lining and the use of rock climbing 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) or RB Climbing Osborne Park Pty Ltd (ABN 16 633 728 480) 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.
14. I grant RB Climbing Pty Ltd and RB Climbing Osborne Park 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 RB Climbing Pty Ltd and RB Climbing Osborne Park Pty Ltd (trading as Portside Boulders). I authorise RB Climbing Pty Ltd and RB Climbing Osborne Park Pty Ltd (trading as Portside Boulders), its assigns and transferees to use the photographs/videos in whole or in part without restriction anywhere, in any medium, for any purpose and altered in any way. I also agree RB Climbing Pty Ltd and RB Climbing Osborne Park Pty Ltd (trading as Portside Boulders) may use photographs/videos of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.
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
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.