• RockWire Participation Terms and Conditions

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• NOTE TO PARTICIPANTS: PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS. YOU WILL BE AGREEING TO THESE TERMS AND CONDITIONS WHEN YOU SIGN IN THE SIGNATURE BOX AS PART OF THE REGISTRATION PROCESS.  IF YOU ARE UNDER 18 YEARS OLD, THESE TERMS AND CONDITIONS MUST BE AGREED TO AND SIGNED BY A PARENT OR LEGAL GUARDIAN.

Definitions 

The capitalised words in this document have the following meaning: 

Activity means participating in the climbing activity organised by RockWire at the Location and associated activities immediately before and after the climbing activity. 

Participant  means an individual who participates in the Activity.  

RockWire means RockWire Mt Buller Pty Ltd (ACN 669 193 506). 

Location means Mt Buller.

I ACKNOWLEDGE, UNDERSTAND AND AGREE:  

Health and Fitness 

1. 1.  To the best of my knowledge, [I am/the Participant is] not suffering from a condition that would prevent and/or render [me/the Participant] unfit to participate in the Activity.   

1. 2.  [I am/the Participant is] physically fit and in good health. 

1. 3.  It is my sole responsibility to determine whether [I am/the Participant is] sufficiently fit and healthy enough to participate in the Activity. 

1. 4.  I will do anything reasonably necessary to ensure [my/the Participant’s] safety and wellbeing while participating in the Activity.  
2.  

Weight requirements for Participant  

1. 5.  [I/the Participant] understand that I must (1) weigh between 40-120kg to take part in the Activity or (2) if [I/the Participant]  weigh less than 40 kg, [I/the Participant]  have prior approval of Rockwire to participate in specific private lessons of the Activity. 

1. 6.  (If applicable) At the date of entering into this document, I weigh between 40-120kg or if I weigh less than 40 kg I have prior approval of RockWire to participate in specific private lessons of the Activity.. 

1. 7.  (If applicable) I am the parent or legal guardian of the Participant and am authorised to enter into this agreement on behalf of the Participant.  I further represent and warrant that the Participant will weigh between 40-120kg when participating in the Activity or if the Participant weighs less than 40 kg the Participant has prior approval of RockWire to participate in specific private lessons of the Activity.
2.  

Activity Risks and Safety 

1. 8.  The Activity may involve a real risk of serious injury or even death from various causes including but not limited to over exertion, dehydration, falling down or stumbling, collisions or contact with others, rock fall, and exposure to dangerous wildlife or weather conditions.  

1. 9.  I will take all measures to protect [myself/the Participant] from the risks of participation. I accept all responsibility for travel and medical insurance and for payment and/or reimbursement of medical/surgical expenses incurred by [me/the Participant] due to participating in the Activity.  

1. 10.  I hereby consent to [receiving /the Participant receiving] medical treatment that may be deemed advisable in the event of injury, accident and/or illness during the Activity.   

1. 11.  There is an inherent risk in climbing.  

1. 12.  I understand that a representative of RockWire has the authority to issue instructions or directions relating to the manner of [my/the Participant’s] safe participation in the Activity and has the authority to halt [my/the Participant’s] participation in the Activity at any time they deem necessary to protect [my/the Participant’s safety] and the safety of other participants and personnel. 

1. 13.  If a representative of RockWire issues an instruction or direction relating to participant safety, [I/the Participant] will comply with this instruction or direction. In these circumstances [I/the Participant] will voluntarily remove [myself/himself or herself] from the Event in accordance with instructions given by the RockWire representative. I agree to indemnify the Released Parties from and against any damages, costs and expenses incurred by the Released Parties as a result of [my/the Participant’s] failure to comply with this condition. 

1. 14.  I am solely responsible for all property [I/the Participant] bring/s to the Location and understand and acknowledge that the Released Parties do not accept responsibility for any loss or damage to this property. 

1. 15.  Provisions of the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law and Fair Trading Act 2012 (Vic) imply into contracts for the supply of certain goods and services, warranties that services will be rendered with due care and skill and that goods supplied will be reasonably fit for purpose. Those provisions do not apply to this agreement to the extent that they can be excluded insofar as they relate to liability for death, personal or mental injury, a disease or something that is harmful or disadvantageous to an individual or the community. In particular: 

1. 1.   a.  the application of sections 60 and 61 of the Australian Consumer Law (Victoria) and the provisions of the Australian Consumer Law and Fair Trading Act 2012 (Vic) are excluded and all rights under the relevant provisions are excluded and all liability of RockWire is excluded in relation to the supply of recreational services and in relation to a breach of any warranty implied by the relevant provisions in relation to the supply of recreational services under this agreement to the extent the exclusion, restriction and modifications is limited to liability for death or personal injury. 

1.   b.  you acknowledge that the Activity constitutes a recreational service within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth) and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) as the Activity is: 

1.     i.  a sporting event or similar leisure time pursuit; and/or 

1.     ii.  other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purpose of recreation, enjoyment or leisure.  
2.  

1.   c.  warning under the Australian Consumer Law and Fair Trading Act 2012 (Vic): Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that RockWire is required to ensure that the recreational services its supplies to [you/the Participant]: 

1.     i.  are rendered with due care and skill; and 

1.     ii.  are reasonably fit for any purpose which you, either expressly or by implication, make known to RockWire; and  

1.     iii.  might reasonably be expected to achieve a result you have made known to RockWire.  
2.  

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), RockWire is entitled to ask you to agree that these statutory guarantees do not apply to you. If you acknowledge this agreement, you will be agreeing that your rights to sue RockWire and other parties under the Australian Consumer Law and Fair Trading Act 2012 (Vic) 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 agreement and to the extent permitted by law. Note: the changes to your rights as set out in this agreement, does not apply if your death or injury is due to gross negligence on RockWire's part. ‘Gross negligence’ in relation to an act or omission, means doing the act or omitting to do any 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 2022 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012. 

1. 16.  In consideration for the opportunity to participate in the Activity and to the maximum extent permitted by law, I unconditionally and irrevocably agree that I hereby release RockWire (and their directors, officers, employees, representatives, volunteers, sponsors, contractors, subcontractors (and their respective employees) or agents) (individually and collectively, the “Released Parties”) from and against any liability, claims, causes of action, suits or proceedings, including claims for costs or expenses of any nature for any loss, injury, damage of any description whatsoever (including but not limited to  injury, death or property damage, and indirect or consequential damage) (“Claim”) arising out of or in connection with [my/the Participant’s] attendance and participation at the Activity, other than any negligent or wilful acts or omissions by the Released Parties. 

1. 17.  No warranties, implied or express, have been made to [me/the Participant] that the Activity services will be provided with due care and skill or that any materials provided in connection with the Activity services will be fit and proper for the purpose for which they are supplied
2.  

Specific Activity Rules  

1. 18.  [I/the Participant] agree to: 

1.  a.  be familiar with and understand all written and/or posted rules of RockWire, as well as all written and/or posted rules of entry to the Location; 

1.  b.  comply with all reasonable directions, instructions and decisions of RockWire representatives; and 

1.  c.  not challenge Activity rules or any reasonable directions, instructions, or decisions on any basis at any time.  

1. 19.  If, during the conduct of the Activity, a RockWire representative directs [my/the Participant’s] withdrawal from the Activity for any reasonable reason (including reasons relating to participant safety), I undertake [to comply with/that the Participant will comply with] this direction. In these circumstances [I/the Participant] will voluntarily remove [myself/himself or herself] from the Activity in accordance with instructions given by the RockWire representative. I agree to indemnify the Released Parties from and against any damages, costs and expenses incurred by the Released Parties as a result of [my/the Participant’s] failure to comply with this condition. I understand that if I have agreed to accompany and be responsible for a Participant, if either the Participant or myself are asked by an Activity official to halt or withdraw our participation in the Activity, that the other’s participation must also be halted or withdrawn. 

1. 20.  I understand that RockWire reserves the right to refuse a person to participate in the Activity.
2.  

Rescheduling of Activity 

1. 21.  RockWire reserves the right to alter the format or other logistical elements of the Activity in the event of unforeseen circumstances (including weather conditions), conditions or natural or man-made emergencies which make participating in the Activity unreasonably difficult or unsafe.  In such instances, RockWire  will notify the Participant of the rescheduled Activity as soon as possible. 

1. 22.  In the event of Activity cancellation/postponement due to any occurrence outside of RockWire’s reasonable control, including but not limited to storm or storm damage, high winds, lightning, fire danger or other acts of God, or Location unavailability for any reason, the Participant’s entry fee shall not be refundable. Instead, RockWire will offer an alternative session or date for the Activity, or issue a credit note for the registration fee.   
2.  

Cancellation, Withdrawals and Late Arrivals 

1. 23.  If [I/the Participant] withdraw/s from the Activity at any time, there is no refund of any portion of [my/the Participant’s] fee unless the Participant provides RockWire with a valid medical certificate from a certified medical practitioner and the medical certificate is received by RockWire prior to the Activities commencement.  In which case RockWire may grant the refund.  If [I decide/the Participant decides] to withdraw, I agree to contact RockWire on [info@rockwire.com.au or bookings@bullerholidays.com.au] to notify them of the withdrawal. 

1. 24.  It is [my/the Participant’s] responsibility to arrive on time, being at least 20 minutes before the scheduled start of the Activity.  If [I am/the Participant is] late and miss the Activity time slot, RockWire cannot hold the Activity for [me/the Participant] and will treat the booking as cancelled.  If [I inform/the Participant informs] RockWire of the delay, RockWire will attempt to reschedule for a later time slot that day but cannot guarantee availability and cannot refund or move the booking to another day. 

1. 25.  No refund will be issued in the event of a no show by the Participant.
2.  
3. Privacy and Collection of Personal Information
4.  
5. COLLECTION STATEMENT 

Your personal information is being collected by RockWire for the purpose of conducting and approving the Activity and for the marketing of goods and services.  You will be ineligible to participate in the Activity if you do not provide your personal information.  

RockWire may disclose your personal information to third parties (including Buller Ski Lifts Pty Ltd) who provide their services to us for the purpose of the Activity or for marketing goods and services.  Please contact RockWire on [info@rockwire.com.au] if you do not wish RockWire or related parties to use or disclose your personal information to provide you information, updates or news about other goods and services. RockWire is bound by the Australian Privacy Principles under the Privacy Act 1988 (Cth). You can access the RockWire Privacy Statement online for more information about our privacy practices. 

• I acknowledge that [my and/or the Participant’s] personal information will be collected by RockWire for the purpose of conducting and approving the Activity, including identifying participants, and communicating with [me/the Participant] about this or other activities or events. 

• I understand that by supplying RockWire with [my/the Participant’s] e-mail address I consent to [receiving/the Participant receiving] regular e-newsletter updates from RockWire and Buller Ski Lifts Pty Ltd in order to stay informed about the Activity and other related activities or events. I can opt-out of receiving e-newsletters at any time by contacting [bookings@bullerholidays.com.au] or using the unsubscribe facility included in the email. 

I have read this document carefully and agree with these terms and conditions.  I fully understand that I am giving up substantial rights when I agree to these terms and conditions.