Must be completed by ALL climbers

RISK WARNING BOULDERING, ROCK CLIMBING, YOGA, PILATES, THE USE OF HANGBOARDS, CRIMP LADDERS AND OTHER ROCK CLIMBING TRAINING EQUIPMENT (the 'ACTIVITIES') 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 DEATH, PHYSICAL INJURIES (INCLUDING FRACTURES, HYPEREXTENSION, OVERUSE INJURIES, CUTS AND ABRASIONS, SPRAINS AND BRAIN TRAUMA) AND PSYCHOLOGICAL INJURIES (INCLUDING PANIC ATTACKS, HYPERVENTILATION AND ASSOCIATED HEART CONDITIONS). 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, THEY ARE WAIVING THEIR RIGHTS TO SEEK COMPENSATION FROM NOMAD BOULDERING GYM PTY LTD (NBG), ITS EMPLOYEES AND AGENTS AS SET OUT BELOW.
Note: Under the Australian Consumer Law (ACL), we guarantee that the services we supply are provided with due care and skill. Under certain legislative provisions, however, we can ask you to accept some limitations to the ACL guarantees. If you sign this waiver, you agree, to the extent allowed by section 139(A) of the Competition and Consumer Act 2010, to exclude and modify our liability to you for death or injury for our failure to comply with the Australian Consumer Law guarantees. This exclusion does not apply if your death or injury is caused by our "reckless conduct" (as defined in the CCA). To the extent that the warranty applies to any contract relevant to the Release and Waiver of Liability, it cannot be excluded. Please read the following document carefully and understand it thoroughly before signing.
The below signed applicant(s) hereby applies for membership of the NOMAD BOULDERING GYM (NBG) centre and, while at NBG, undertakes:
1. To follow ALL gym rules and conditions as specified by NBG, its agents, employees and associates in relation to the use of the facility
2. To climb safely and behave in an appropriate manner as specified by NBG staff
3. To supervise any child or children, between the ages of up to 13 years old (inclusive) at all times, who enter the NBG premises with the applicant.
4. To NOT participate in climbing, belaying or lead climbing unless authorised by NBG staff
5. To correctly provide NBG with information as requested on this application or by NBG staff
6. To avoid and prevent when possible any activity that increases potential injury to themselves or other people at NBG
7. To inform NBG immediately about any injury sustained at NBG and provide written details of any injury and treatment;
8. To pay climbing fees for each visit.
Acceptance of risk
The applicant acknowledges:
1. There are inherent risks in the nature of climbing or belaying. While NBG has made every effort to ensure your safety applicants must be aware that risks may include but are not limited to the following: falling, contact injuries with holds, walls or climbers, sporting injuries (muscular and skeletal),rope burns, death and hazards such as tripping.
2. Accepts all risks associated with climbing or belaying including the possibility of injury, death, loss or damage and wishes to undertake the activity with NBG.
3. Agrees that in the event of injury or illness NBG may arrange medical treatment and medical evacuation as NBG deems essential to me at my cost.
4. Agrees to indemnify NBG, its agents, employees and associates against all claims made by any other person against NBG in respect of any injury, loss or damage arising from or in connection with the applicant's failure to comply with NBG rules or directions.
5. Agrees to the extent permitted by law that NBG shall not be liable for any injury, loss or damage suffered by the applicant or by any other person arising from or in connection with the applicant's participation in climbing or belaying, whether such injury, loss or damage was caused directly or indirectly by the negligence of NBG or otherwise or by NBG agents, employees or associates. This clause 5 extends to the applicant's personal property brought into the NBG premises by the applicant or by any other persons, regardless of whether the personal property is left on the premises, in secured lockers provided by NBG or any other location (authorized or unauthorized) by NBG within their premises. The applicant agrees and acknowledges that NBG is under no obligation to look after any unattended personal property of the applicant or any other person. The applicant hereby releases NBG from all such claims, and indemnifies NBG against all claims made or on behalf of any other person.
6. Agrees nothing in this agreement limits or excludes provisions made in the Competition and Consumer Act 2010 or other applicable legislation and despite signing this agreement still has the benefit of consumer protection and certain rights implied under the act that cannot be waived.
7. This agreement is governed by the laws of Australia.
8. Any pre-existing medical or other conditions that may affect the risk that either the applicant or any other person could suffer injury, loss or damage has been disclosed. The applicant acknowledges they have made the owners, employees and/or authorised persons aware of any pre-existing medical or other conditions and acknowledge that they have sought medical advice before using the services provided by NBG. NBG reserve their right to refuse entry, provide services or immediately cancel any access to NBG if they reasonably suspect that the applicant has not complied with the full disclosure required by this clause 8 or this waiver.
9. The applicant agrees not to participate in either climbing or belaying while under the influence of alcohol or any other substance.
10. The applicant is proficient in the areas outlined in the assessment form.
11. I am of lawful age and legally competent to sign this agreement or have acquired the written consent of my parent or guardian. I understand in entering into this agreement I am not relying on any representations made by or on behalf of NBG. The terms herein are contractual, serious and not a mere recital. This forms the basis of the agreement by which I participate. I have signed this document of my own free act.
12. I certify the information I have provided on this form is true and correct in every particular, to the best of my knowledge and belief. By submitting this form I declare I have read, understood and agree to all gym rules, assessment form and the terms of this agreement. I declare that I understand these warnings and accept all the inherent risks and danger in my participation in climbing or belaying at NBG.
13. The applicant agrees and acknowledges that any damage, losses to equipment or facilities arising from the applicant's negligence or failure to disclose any pre-existing medical or other condition will be solely borne by the applicant.
Privacy and Consent
The applicant agrees and acknowledges that NBG may use their personal information to carry out any due diligence and searches on applicants, if and as required by NBG, in accordance with NBGs privacy policy.
The applicant(s) consents to photos or videos taken of the participant(s) as a climber at NBG venues from time to time. The images and recording(s) may be used in various media formats including online and social media. I waive any rights and claims to any benefits in connection with the use of the images.

Under 18's

Parent(s) or court appointed guardian(s) must sign for any participating minors (those under 18 years of age) and agree that they and the minor(s) are subject to all the terms of this document, as set forth above.

By signing below the parent or court appointed guardian agrees that they are also subject to all the terms of this document as set forth above.