In consideration of us providing the Activities (as defined below), this Waiver of Liability (Waiver) is made by the individual undertaking the Activities (Participant, you or your), or the Participant’s legal guardian, where the Participant is under 18 years old or a dependent, with The Nest Climbing Gym Pty Ltd (ACN 681 776 054) (we, us or our).

Acceptance

You agree that you have had sufficient opportunity to read this Waiver. If you do not accept this Waiver:

please contact us immediately using our contact details below;

you must not sign the Waiver; and

the Participant must not use The Nest Climbing Gym.

By signing this Waiver, you agree that you have read, accepted this Waiver, that you are 18 years or older and that the Participant will comply with this Waiver.

If you are accepting this Waiver as a parent or legal guardian of the Participant, you warrant and agree that you have the required authority to consent on behalf of the Participant.

You agree that this Waiver is governed by the laws of NSW and you submit to the exclusive jurisdiction of the courts of NSW.

By accepting this Waiver, you agree that this Waiver will continue to apply until The Nest Climbing Gym Terms and Conditions that you agreed to terminate or expire in accordance with their terms.

Risk

The Participant will be participating in the Activities being:

Climbing - bouldering, rock climbing and the use of hang boards, campus boards, ropes and other rock climbing and bouldering training equipment.

Participating in the Activities may expose the Participant to the risk of death, physical harm, personal injury (including fractures, hyperextension, overuse injuries, bleeding, cuts and abrasions, sprains and brain trauma), psychological and emotional harm (including panic attacks, hyperventilation and associated heart conditions), physical exertion, disease, illness and/or loss or damage to property which may arise from:

inherent risks of Climbing Activities being uncontrolled falling, collision with objects, walls, climbing holds, unprotected floors and other patrons;

inherent risks of Sauna Activities being overheating, dehydration, hypotension, reproductive effects, fainting and burns;

actions of other third party participants;

the Participant’s physical fitness level, tiredness or overexertion;

strenuous exercise;

the Participant’s climbing technique;

the Participant’s pre-existing health conditions;

equipment supplied by us to carry out the Activities; or

any failure of the Participant’s to comply with our instructions or directions.

You understand the demanding physical nature of a climbing activities and sauna. You are not aware of any medical conditions, injuries or impairments that will be detrimental to the Participant’s health if the Participant participates in the Activities.

You have read this risk warning and you are aware of and voluntarily accept any risk that may arise from the Participant’s participation in the Activities.

Medical Conditions

In the event that you become aware of any medical, physical or psychological condition, injury or impairment that may be detrimental to the Participant’s health, a risk to the Participant’s safety or affect the Participant’s proper and safe participation in the Activities, the Participant must stop participating and you should contact a medical provider. You agree to:

notify us of any pre-existing conditions that may affect the Participant prior to participating in the Activities (including, but not limited to, pregnancy, cardiovascular conditions, high/low blood pressure, anaphylaxis/allergies, diabetes, recent surgeries or injuries, or any other condition that may pose a risk to the you or others during physical activity), and promptly inform us of any changes in your medical condition that may affect your ability to safely participate in the Activities; and

immediately notify us of any injuries that occur while participating in the Activities.

If you are pregnant, have any medical conditions as listed in clause 3.1(a) or other have any other significant medical condition, you may be required to provide medical clearance from a qualified healthcare professional in order to participating in the Activities. We reserve the right to deny access to our facilities if we reasonably believe that your medical condition poses a significant risk to your safety or the safety of others. By using participating in the Activities, you represent, warrant and agree that you have no medical condition that would make it unsafe for you to participate in climbing, sauna use, or any other Activities.

You warrant to us that:

the Participant has the required physical health and fitness needed to participate in the Activities; and

you know of no medical or other reason why the Participant cannot or should not participate in the Activities.

No guaranteed results: Our classes may help you improve your climbing skills, strength, fitness, health and wellbeing, but we make no guarantees of any specific result you may achieve from participation in the Activities.

COVID-19

You acknowledge that there may be health and safety measures in place due to the potential spread of COVID-19 (and any variation or mutation to this disease or illness) including laws, regulations or guidance. You agree to observe and comply with all applicable laws, regulations and guidance in place during participation in the Activities including those in relation to COVID-19 (and any variation or mutation to this disease or illness). There is an inherent risk of exposure to COVID-19 (and any variation or mutation to this disease or illness) in any location where the public are, or have been, present. COVID-19 (and any variation or mutation to this disease or illness) is an extremely contagious disease which can lead to severe illness, disability and death. By participating in the Activity, you assume all risks related to the potential exposure to COVID-19 (and any variation or mutation to this disease or illness).

Exclusion of Liability

In this clause 6, “Supplier” means The Nest Climbing Gym Pty Ltd (ACN 681 776 054), and “this form” means this Waiver.

Under the Australian Consumer Law (Cth) (ACL), statutory guarantees apply to the supply of services. These guarantees mean that the supplier 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, either expressly or by implication, make known to the supplier; and

might reasonably be expected to achieve any result you have made known to the supplier.

Under the Australian Consumer Law (Cth), as the Activities are recreational services, 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 supplier under the Australian Consumer Law (Cth) 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 reckless conduct on the supplier's part. A person’s conduct is reckless if the person is aware, or should have reasonably been so, that there was a significant risk that their conduct could result in personal injury and, despite this, engages in the conduct without adequate justification.

To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any loss or liability arising from or in connection with any personal injury or death caused or contributed to by the Participant’s participation in the Activities, except where caused by our reckless conduct.

This clause 6 will survive the termination or expiry of these Terms.

Rules

You agree to comply with the following rules and those set our on our website (Rules) at all times, and any failure to comply with our rules will allow us to refuse your participation in our Activities. You agree:

prior to participation by the Participant in our Activities, to disclose any medical or health conditions that may impact or impair the Participant’s ability to participate in the Activities, to us;

not to be under the influence of alcohol or prohibited drugs while participating in the Activities;

not to engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you or any third party while participating in the Activities;

to comply with any of our safety advice and processes while participating in the Activities;

to immediately notify us if you are harmed or injured, or observe any third party to be harmed or injured while participating in the Activities; and

to comply with all of our reasonable instructions and directions while participating in the Activities.

Collection Notice

We collect Personal Information about you in order to provide our services to you, including to enable you to access and participate in the Activities, to monitor your progress, to contact and communicate with you and to respond to your enquiries and for other purposes set out in our Privacy Policy.

We may disclose that Personal Information to third party service providers who help us deliver our services, including the Activities, (including our information technology service providers, data storage, web-hosting and server providers, professional advisors, debt collectors, payment systems operators and our business partners) or as required by law. If you do not provide this information to us, we may not be able to provide our services to you. In certain circumstances, we may disclose your Personal Information to third parties located, or who store data, outside Australia.

Our Privacy Policy contains further information about how we store and use your Personal Information; how you can access and seek correction of your Personal Information; how you can make a privacy-related complaint; and our complaint handling process.

By providing our Personal Information to us, you acknowledge and agree that we will collect, hold, use and disclose your Personal Information in accordance with our Privacy Policy.

For the purposes of this clause:

Personal Information has the meaning given in the Privacy Act 1988 (Cth); and

Privacy Policy means our privacy policy available via our website.

General

Assignment: We may assign or transfer our rights or obligations under this Waiver without your consent.

Governing law: This Waiver will be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.

Severability: Any term of this Waiver which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of this Waiver is not affected.

Waiver: No waiver by either Party of any provision of this Waiver will amount to a waiver of any other provision of this Waiver unless made in writing and signed by the Party against whom the waiver would have been enforced.

Joint and Several: An obligation or liability on two or more Parties to this Waiver will bind them jointly and severally.

For any questions or notices, please contact us at:
The Nest Climbing Gym Pty Ltd (ACN 681 776 054)
Email: climbthenest@gmail.com

By signing this Form you agree to have have read this Waiver and understand its contents, including the exclusion of liability and assumption of risk. You agree to attend and participate in the Activities described in this Waiver at your own risk.