waiver.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and 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 section 22 of the Australian Consumer Law and Fair Trading Act 2012, 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 and Fair Trading Act 2012 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 supplier’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 consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012. 

BlocHaus waiver.

1. You have requested to participate in bouldering or rock climbing activities or use facilities including climbing walls, slacklines, hang boards, other rock climbing equipment, strength and training equipment, and any other equipment (Activities) available at any facility operated by BlocHaus Pty Ltd (BlocHaus) and any other related companies, or third parties engaged by BlocHaus. By accepting this waiver or participating in the Activities, you (or if you are a minor, your parent or guardian), agrees to the following.
   
   Where this waiver is accepted by parent or guardian on behalf of another individual, that parent or guardian warrants that they have sufficient authority to accept this waiver on that individual’s behalf and agrees to indemnify each BlocHaus for any loss or damage suffered by BlocHaus if this waiver is found to be unenforceable against that individual for any reason.

2. You understand and acknowledge that the Activities, including but not limited to access to any facility, gym, or training equipment as well as training, programs, and events held by BlocHaus may expose you to risk, including accidents, injury, illness or even death. You assume all risk of injuries associated with participation in the Activities, including but not limited to, falls, contact with other participants, equipment failure, risks inherent in bouldering and rock climbing activities, such as impact injuries, physical risks inherent in exercise, the effects of the weather, including high heat and humidity and the loss of your personal property and exclude BlocHaus from liability.

3. You understand and acknowledge that participating in the Activities is inherently dangerous and can result in a range of minor and major injuries, including but not limited to, bumps, bruises, scrapes and scratches, sprains, twists, cramps, fractured bones, broken bones, torn ligaments and even death. If you are participating in any Activities provided by BlocHaus, you assume all risk of injuries and/or death associated with your participation and exclude BlocHaus from liability.

4. Because physical exercise can be strenuous and subject you to risk of serious injury, BlocHaus urges you to obtain a physical examination from a doctor before using any bouldering, climbing or exercise equipment or participating in any Activities. You agree that when you use any facility provided by BlocHaus or engage in the Activities, on the premises or off the premises, including at an event, you do so entirely at your own risk.

5. You warrant and represent that you have no injuries, physical restrictions, disabilities or predispositions to sickness or injury (Conditions) that may affect your participation in the Activities or that if you are aware of such Conditions, you participate in any activities provided by BlocHaus entirely at your own risk.
   
6. You agree that before participating in any Activity, you must evaluate whether your current skills and physical condition allow you to participate in the exercise in a safe manner. If you believe an exercise will not be safe, you must inform a staff member of that fact and not participate in such exercise.

7. You agree that you will abide by all policies and instructions provided by BlocHaus staff while you are participating in the Activities. If you do not understand any policies or instructions provided by BlocHaus staff, you must cease participation in the Activities and seek clarification.

8. You agree that if you sustain any injury or illness while at a BlocHaus facility, you must cease participation in any Activities and must immediately inform BlocHaus staff who may record written details of your injury and any medical treatment administered. You agree that if you suffer a serious injury, BlocHaus may seek emergency medical services (inducing calling an ambulance) at your expense.

9. You acknowledge and agree that you must not participate in any Activities while under the influence of drugs, alcohol or illicit substances (including where alcohol is served at a BlocHaus facility) as those substances impair your ability to participate in any Activities safely and may result in significant injury or death to you or others.

10. You exclude BlocHaus and its officers, employees and contractors, the organisers, sponsors, other participants and any other persons involved in your participation in the Activities with BlocHaus (Releasees) from any demand, claim, or other proceeding in relation to any injury or death or loss or damage to personal property in connection with your participation in the Activities with BlocHaus, whether or not caused by the negligence of a Releasee.

11. You agree to indemnify each Releasee in relation to any demand, claim or proceeding that may be brought in connection with your participation in the Activities with BlocHaus where circumstances giving rise to such a demand, claim, or proceeding were caused or contributed to by you or your breach of this waiver or any other agreement between you and BlocHaus.

12. You acknowledge and agree that BlocHaus may take photographs of you participating in the Activities which may be uploaded photographs to BlocHaus social media platforms for the purpose of promoting the BlocHaus brand and the Activities. BlocHaus also uses CCTV security cameras in the public areas of the BlocHaus facilities which may record you for security and safety purposes.
13. If you do not want photos taken of you, please inform a staff member. Otherwise, your acceptance of this waiver will constitute your consent to BlocHaus storing, maintaining, using and disclosing (including capturing and sharing) such photos and videos for the purposes contemplated in this waiver or in our privacy policy which is available at https://blochaus.com.au/privacy-policy/.

14. You agree that should any part of this waiver be found by a court of law to be against public policy, in violation of any state statute or case precedence, or otherwise unenforceable, then only that wording is removed, and the remainder of this waiver will remain in full force.

Signed by (or on behalf of):

Full name Signature

Name of Parent or Guardian (if applicable) Date

waiver.

"*" indicates required fields

name of minor*

first name last name

name of guardian*

first name last name

guardian's date of birth*

Day

Month

Year

Signature*