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Waiver & Release
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Waiver & Release
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CLIMBING GYM WAIVER,
RELEASE OF LIABILITY
AND
ASSUMPTION OF RISK FORM
This document is legally binding. It is very important that you understand this document.
There is inherent risk involved with climbing centres and associated activities. By signing this form, you are stating that you understand that these risks cannot be completely removed. If you do not understand any of the terminology or content, ask a member of staff to clarify.
KLIMBZONE (“the Facility”) is owned and operated by VERTICAL VENTURE ENTERPRISE (125571), a company incorporated in Malaysia (“the Climbing Gym”).
You desire to use or be granted access to the Facility to engage in wall climbing, bouldering, other climbing activities, sports, fitness activities, training, classes or any of the various other types of activities which take place at the Facility or to participate in trips, competitions, camps, climbing courses, adventures or other types of events (“the Activities”) which may take at the Facility or are otherwise sponsored by or involve the Climbing Gym or any of its directors, employees, contractors, agents, affiliated entities, landlords or property managers (“the Released Parties”)
In consideration for the Climbing Gym permitting you and/or your child to use the Facility you agree to the terms and conditions below:
1. General Assumption of Risk
You acknowledge that using the Facility or participating or engaging in the Activities sponsored or involving the Facility or the Climbing Gym involves certain risks, inherent or otherwise, including the risk of death, illness or serious personal injury, regardless of whether you follow the Climbing Gym’s safety instructions or recommendations such as those relating to the Facility rules and regulations, climbing, bouldering, instructional programs or involving your choice of equipment to use or whether or not to wear a helmet or other safety device. You agree to assume all such risks, as well as any other risks involved in using the Facility or participating or engaging in the Activities sponsored by or involving the Climbing Gym.
2. General
2.1. You must:
2.1.1. check-in at the front desk before proceeding into the Facility;
2.1.2. exercise care, common sense and self-preservation at all times;
2.1.3. report any problems with the walls, equipment or other climbers’ behaviour to a member of staff immediately;
2.1.4. not distract people while they are climbing or belaying;
2.1.5. supervise your children and keep them under control at all times and be close enough to control the child’s behaviour;
2.1.6. be aware of climbers around you and how your actions affect them;
2.1.7. not climb with items in your pockets and remove all jewellery before climbing.
2.2. You acknowledge and agree that:
2.2.1. climbing at the Facility is unsupervised and it is your responsibility to be aware of safe climbing practice;
2.2.2. the Climbing Gym is not responsible for enforcing any of the terms of this agreement or climbing rules in the Facility;
2.2.3. holds may break or spin;
2.2.4. volumes are designed to enhance the quality of climbing but when climbing above them there is an additional risk of falling onto them;
2.2.5. if climbing whilst pregnant may increase the risk posed to you or your unborn child;
2.2.6. you have a responsibility to do anything reasonable and practicable to avoid endangering yourself and others;
2.2.7. you have to adhere to the safety rules of the Facility at all times which are notified on the walls around the Facility;
2.2.8. it is your responsibility to adequately maintain your equipment;
2.2.9. you may be injured by the actions or inaction of other participants including but not limited to their failure to belay properly;
2.2.10. breach of any terms of this document may lead to your access to the Climbing Gym being permanently revoked.
3. Bouldering
3.1. You must:
3.1.1. if possible downclimb and, if that is not possible, jump in a planned and controlled manner onto the climbing mat;
3.1.2. never climb directly above or below another climber;
3.1.3. pay attention to how you will land and assess the risk of each climb;
3.1.4. always take your harness off before bouldering;
3.1.5. keep landing zones clear and never sit on the climbing mats or walk under climbers;
3.1.6. remove all personal belongings such as chalk bags or water bottles from the landing zones;
3.2. You acknowledge and agree that:
3.2.1. all falls are ground falls which could result in injury or death;
3.2.2. the soft matting does not remove the risk of injury;
3.2.3. it is your responsibility to ensure you can climb down or land safely;
3.2.4. injuries can occur even after a controlled or planned jump;
3.2.5. there is a risk that you could land on or be landed on by other climbers;
3.2.6. you will choose the routes you climb based on the difficulty that you are comfortable with and based on the Facility’s grading system;
3.2.7. whilst the Climbing Gym uses reasonable endeavours to mitigate the risks of bouldering, all risks cannot be eliminated.
3.2.8. you will only climb in the bouldering area and will not attempt to use any of the roped climbing areas or partake in Activities that require the use of a climbing harness at the Facility unless you are also registered to use lead and top climbing and you inform the reception before climbing.
4. Top Rope Climbing
4.1. You must:
4.1.1. always use a climbing harness to attach yourself to the rope by tying the rope directly into the harness using a figure of 8 knot with a stopper or a bowline knot with a stopper;
4.1.2. never clip in with a carabiner only;
4.1.3. not take down any top rope which is already in place around the Facility;
4.1.4. vet your climbing partner’s ability before they belay you;
4.1.5. cross-check your partner before any climb to reduce any risk of misuse.
5. Lead Climbing
5.1. You certify that you have experience lead climbing and belaying or that you are enrolled in an Introduction to Lead Climbing class. You are fully aware of the significant risks of lead climbing which include but are not limited to:
5.1.1. long falls;
5.1.2. ground falls;
5.1.3. hard impact with climbing wall surface;
5.1.4. feet or other body parts hitting holds and causing injury;
5.1.5. falling and inverting by hitting holds, or having ropes tangled behind the climber’s legs or other falls which may cause serious injury;
5.1.6. severe abrasion due to rope burn and contact with the climbing surface;
5.1.7. protections, hooks, holds or other elements of the climbing wall becoming dislodged with great force and delivering a significant blow to the climber and/or the belayer.
5.1.8. being hit by other climbers falling.
5.2. You must:
5.2.1. supply or rent (if available) your own appropriately rated dynamic rope;
5.2.2. not replace any quickdraws, runners or clips which are provided on the lead wall;
5.2.3. not skip any clips and clips must be clipped in order;
5.2.4. abide by good practice when belaying and keep your skills refreshed;
5.2.5. always use a belaying device attached to your climbing harness with a locking carabiner as per the manufacturer’s guidelines;
5.2.6. never use “traditional” or “body” belaying;
5.2.7. when belaying, always pay attention to what the climber is doing;
5.2.8. always stand as close to the climbing wall as practical;
5.2.9. never sit down or lie down whilst belaying.
5.3. You acknowledge and agree that:
5.3.1. participating in and passing any approved lead climbing course does not remove the risk of injury or death;
5.3.2. you are responsible for the maintenance and inspection of your gear and any rental equipment including but not limited to harnesses, ropes, belay devices and carabiners before every use;
5.3.3. belaying for lead climbing requires a higher degree of skill and understanding from top rope belaying and you should only do this if you are competent to do so or you have received appropriate training;
6. Auto-belaying
6.1. You acknowledge and agree that there are significant risks to climbing with an auto-belay including but not limited to:
6.1.1. failure to properly attach the auto-belay carabiner to the harness resulting in a ground fall including:
a failure to clip the auto belay carabiner to the correct harness attachment point in the belay loop;
b failure to ensure that the auto-belay carabiner is fully closed;
c failure to remember to attach the auto-belay carabiner to the harness resulting in climbing without any protection;
6.1.2. entanglement or failure of the auto-belay line to retract;
6.1.3. failure of the line or carabiner connection to the auto-belay;
6.1.4. failure of the auto-belay device to brake or slow descent;
6.1.5. taking a swinging fall and striking the wall, a hold or another climber;
6.1.6. landing on or being landed on by other climbers.
6.2. You must:
6.2.1. make sure your harness is properly fitted and secured;
6.2.2. pull down the webbing to check for proper tension and retraction;
6.2.3. connect the auto-belay’s carabiner to the belay loop of your harness;
6.2.4. ensure that the carabiner gate is fully closed and nothing is obstructing the carabiner gate;
6.2.5. immediately stop climbing and instruct a member of staff if, whilst climbing, the auto-belay line fails to retract;
6.2.6. always climb underneath the auto-belay and never climb alongside or above the auto-belay as a swinging or free fall may occur;
6.2.7. never start your descent from above the auto-belay;
6.2.8. when at the top of the route, look down and ensure that the landing zone and descent path are free of people and obstructions;
6.2.9. always descend feet first, look below yourself and prepare for landing.
6.2.10. Always clip the auto-belay carabiner back into the anchor point.
7. Waiver
7.1. You agree to release and discharge the Climbing Gym and Released Parties from liability for my death and any past, present or future injuries, illnesses, losses, damages, expenses, property damage, economic loss, actions, claims and liabilities whether known or unknown, relating to or arising from the use of the Facility or any equipment located at the Facility, your participation in or observation of any of the Activities, or interaction with any of the Released Parties.
7.2. You agree that this release is intended to release and discharged the Climbing Gym and the Released Parties of any losses, damages, expenses, actions, claims and liabilities arising from or related to the negligence of, or the breach of any duties which may be owed by, the Released Parties.
8. Indemnity
8.1. You agree to indemnify, hold harmless and defend the Climbing Gym and the Released Parties against any loss, damage, liability, claim and expense, including legal costs, incurred as a result of your using the Facility, participating, engaging or observing the Activities including any loss, damage, liability, claim, expense or legal cost arising out of the negligence of the Climbing Gym or the Released Parties.
8.2. You acknowledge and agree that this section means that you will have to reimburse the Climbing Gym or any of the Released Parties for any losses, damages, liabilities, claims including legal costs sustained as a result of my using of the Facility or participating, engaging or observing the Activities.
9. [Severability
If any term of this document is, in whole or in part, held to be illegal or unenforceable to any extent under any enactment or rule of law, that term is to that extent deemed not to form part of this contract and the enforceability of the remainder of this document is not affected.
10. Law and jurisdiction
This document is exclusively governed by and interpreted according to the laws of Malaysia and to submit to the exclusive jurisdiction of the Malaysian Courts.]
I acknowledge for myself and any minor on whose behalf I have signed this document that I have read and understood the terms and conditions above;
Gym Policy
(Required)
KLIMBZONE POLICY
WARNING: Climbing is dangerous! Your safety is your responsibility.
1. HEALTH: Before beginning any fitness program or changing your physical activity patterns, you should always consult with your doctor or physician, particularly if you have been inactive, are overweight, or have or suspect any sort of medical condition that might be worsened by exercise and other physical activities.
2. CHECK-IN: Anyone entering KlimbZone must check in at the front desk. First time visitors entering the active climbing areas must properly complete a Waiver and Release form, prior to entry.
3. FACILITY ORIENTATION: Any visitor who will not be staff-assisted is required to attend a Facility Orientation or “Tour”. Non-staff-assisted visitors are responsible for taking the necessary steps to participate in the Tour.
4. AGE RESTRICTION: The youngest age to climb in KlimbZone is 8 years old. Children under the age of 8 years old are not allowed to walk or be placed in the active climbing areas and require 1:1 – adult to child – supervision. Any adult supervising a child under the age of 3 may not count as supervision of any other youth.
5. ADULT SUPERVISION: Adult to participant ratio of youth 8-13 years old must not exceed 1:3, adult to youth. Youth inside the gym ages 8-13 must be actively supervised by an adult 18 years or older. Parents/Guardians/Chaperones are responsible for the behavior of their children or youth they are supervising.
6. AUTHORIZATION: Only participants authorized by KlimbZone may utilize the auto-belay devices, top rope belay, lead climb, or lead belay. Participants must possess the required certification appropriate for the selected activity.
7. AUTO BELAY ORIENTATION: Any individuals who will not be staff-assisted are required to attend and successfully pass an Auto Belay Orientation prior to operating an auto belay device. The minimum age to self-operate the auto belays is 14 years old. Adults 18 or older may connect/disconnect minors under the age of 14. Non-staff-assisted persons are responsible for taking the necessary steps to participate in the Auto Belay Orientation.
8. BELAY AND TYING IN: All forms of belaying must comply with KlimbZone’s standardized methods. Climbers and belayers must clearly communicate formal belay commands and perform safety checks. Roped climbers must tie directly into their harness (as harness manufacturer suggests) with a figure 8 follow-through knot. No sitting or lying down while belaying. Participants must be at least 14 years old to belay or tie in.
9. LEAD CLIMB AND LEAD BELAY: Participants must be at least 16 years old to lead climb or lead belay.
10. BOULDERING: Topping out on boulders (if available at that facility) is allowed only in designated areas. Never climb up the designated descent on the bouldering top-out structure. We highly recommend the use of a spotter when bouldering.
11. DANGEROUS BEHAVIOR: Do not swing on the ropes. NO running, jumping off of padding or furniture, gymnastics, back flips, wrestling, etc. Unruly conduct, not following staff directions, or not following the rules of the facility will be cause for removal from the gym. The use of vulgar language or improper conduct is not permitted. Please refrain from yelling or screaming.
12. POTENTIAL HAZARDS: Immediately report any problems, concerns or potential hazards with the walls, facility, equipment, or ropes to a member of the staff.
13. RESPECT THE SAFETY OF OTHERS: You must be aware of the possible trajectory of another climber’s fall, particularly with overhanging walls. Never stand, sit, or walk in an area where another climber could fall. Always look at the climbing walls around you, especially when walking through the gym, to see where climbers are on the walls. Make wide turns around feature areas. Do not climb above or below other climbers.
14. EQUIPMENT: Only UIAA rated equipment manufactured specifically for recreational climbing is allowed. Please use equipment in accordance with the manufacturer’s instructions. We reserve the right to deny the use of any particular item of gear within the facility. Use any equipment at your own risk. Climbers must wear specifically manufactured climbing shoes. No approach shoes or barefooted participants allowed. Chalk balls must be confined to a chalk bag. Shirts must be worn at all times. Tank-tops are acceptable.
15. PERSONAL ITEMS: Please keep personal items out of the active climbing areas. KlimbZone is not responsible for damaged, lost or stolen items.
16. FOOD/BEVERAGE: No food or drinks are allowed in the active climbing areas.
17. SUBSTANCE POLICY: No climbing, bouldering, operating the auto belay, or belaying of any kind is allowed while under the influence of intoxicants or controlled substances.
18. BE ADVISED: KlimbZone reserves the right to alter, add, remove, or make exceptions to any and all posted rules at any time. We may remove participants from the facility or permanently deny, or deny for a specified time, access to its facilities to any individual for: breach of contract, disregard for the rules and policies, not following staff direction, or for any conduct that is viewed as unsafe or inappropriate; without refund or compensation.
I have read and understood the Climbing Gym policy, rules and condition of use.
(Required)
I understand that the Climbing Gym may require me to pass an assessment or course prior to allowing me or any minor before participating in any Activities;
(Required)
I understand that if the Climbing Gym deems that I or any minor under my supervision require any additional assistance, orientation, instruction or training, it is my responsibility to seek such assistance before participating in any Activities for which I, or the minor which I supervise, is not trained or qualified.
Medical Conditions
(Required)
I do not have any conditions that may adversely affect my capacity to participate in this activity.
Gym Usage
(Required)
My use of the Climbing Gym facilities and my execution of this Waiver and Release are both purely voluntary and I elect to do so in spite of the risks.
Electronic Signature
(Required)
By selecting & checking the ‘I AGREE’ box here, I am consenting to the use of my electronic signature in lieu of an original signature on paper.
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