ACKNOWLEDGEMENT, RELEASE AND INDEMNITY FOR CLIMBERS
This signed agreement shall be valid for as long as Rock Climb Asia Sdn Bhd (all jointly and severally referred to as “PR”) continues to exist as a business entity.
*THIS DOCUMENT IS A LEGALLY BINDING AGREEMENT. BY SIGNING THIS AGREEMENT I ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT. I FURTHER ACKNOWLEDGE AND AGREE THAT I AM WAIVING MY RIGHTS TO BRING ANY COURT ACTION TO RECOVER COMPENSATION OR OBTAIN ANY OTHER REMEDY FOR ANY INJURY TO MYSELF OR MY PROPERTY.*
1. I have, at my request, been permitted by the proprietors, staff, instructors, employee and agents of PR to engage in the sport of rock climbing and all activities associated with rock climbing (“the sport”).
2. I acknowledge and fully understand that Rock Climbing is a sport with SIGNIFICANT ELEMENTS OF RISKS and endeavor to abide by all rules of safety. I warrant and further acknowledge that in consenting to taking part in this sport, I ACCEPT ALL RISKS AND LIABILITY ASSOCIATED WITH THE SPORT and that such acknowledgement is a condition precedent prior to my patronage to PR.
3. In consideration of being so permitted, I give release and indemnity. I am aware that any climbing by its very nature has an element of danger and unpredictability in its practice, and serious or permanent injury or death could possibly result to me from my participation in it.
4. I acknowledge the inherent risks of the activity I am undertaking in the facility. Risks include but are not limited to:
· Falling, entanglement, crashing into walls and obstacles, falling climbers, dropped items or equipment failure including but not limited to failure of ropes, harnesses, anchorpoints, wall structure etc.
· Injuries resulting from negligence, inattentive belayers, and other bad decision making, by myself or those I am participating with.
· Injuries like sprains, cuts, abrasion, and other wounds resulting from skin contact with rock walls and structural features.
· Any injury or health problems resulting in mental or physical illness whether temporary or permanent and injury or problems resulting in loss of earnings or earning capacity; any impairment of enjoyment of life; pain and suffering and/or death.
5. I agree that my participation in the sport is at my own risk. To the full extent permitted by the law I release PR from all claims and demands of every kind and from all liability (whether arising from negligence by PR) which may in respect to death or injury to any person or myself, and any damage to property of whatsoever kind or nature arising from my participation in the sport.
6. I hereby indemnify PR and hold PR indemnified against any liability described above. In entering this agreement, I have relied on my own advice, and have not relied on any oral, written or visual representation and assigns, and shall be governed by and interpreted in accordance with the laws of Malaysia. I agree that this release and indemnity is a continuing agreement and will apply to all future participation by myself in the sport at the premises. I participate in the sport of my own free will without any inducement or coercion by any other person.
7. I shall undertake to indemnify PR from any and all payments, expenses, costs, and legal fees resulting from any claims and liability with respect to any and all injury, disability, death, or loss or damage to person or property, whether arising from participating in PR’s facilities and/or services or my own negligent or reckless behaviour and actions.
8. I understand that PR reserve the right to refuse or expel any person whose conduct is objectionable or prejudicial to safe operation of the facility, without any liability to make any refund in respect thereof.
9. I understand that PR reserve the right, as circumstances dictate, to change the operating hours of the facilities, or close the facility or any part of it temporarily, or restrict the number of persons having access to the facility.
10. I agree to comply with PR’s terms and conditions, and obey all of PR’s rules as well as all safety instructions, verbal and written, including any alterations and amendments to them.
11. I acknowledge and consent to PR and its affiliated advertising and/or marketing agencies to take, use, and/or reproduce photographs and films of myself for any purposes deemed suitable by PR.
12. I give my consent for my data to be used in accordance with Personal Data Protection Act 2010 of Malaysia.