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I understand rock climbing is a dangerous sport and I am participating in the Activities at The Nest at my own risk.

I agree to the Terms of Service, Rules and Safety and Privacy Policy at The Nest

I confirm that I have fully disclosed any and all medical conditions that may put me at risk of injury while participating in rock climbing activities

I agree that any undisclosed information that puts me at risk of harm or injury are beyond the safety obligations of the Nest Climbing Gym.

I have watched the Bouldering Video on How To Fall Safely

I understand I am not permitted to belay until I have passed a formal assessment by The Nest Staff

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Waiver / liability release

THE NEST CLIMBING GYM – RISK WAIVER

In consideration of us providing the Activities (as defined below), this Waiver of Liability (Waiver) is made by the individual undertaking the Activities (Participant, you or your), or the Participant’s legal guardian, where the Participant is under 18 years old or a dependent, with The Nest Climbing Gym Pty Ltd (ACN 681 776 054) (we, us or our).

Participant

Name: {name}

Address: {address}

Phone: {phone}

1. Acceptance

1.1 You agree that you have had sufficient opportunity to read this Waiver. If you do not accept this Waiver:

(a) please contact us immediately using our contact details below;
(b) you must not sign the Waiver; and
(c) the Participant must not use The Nest Climbing Gym.

1.2 By signing this Waiver, you agree that you have read, accepted this Waiver, that you are 18 years or older and that the Participant will comply with this Waiver.
1.3 If you are accepting this Waiver as a parent or legal guardian of the Participant, you warrant and agree that you have the required authority to consent on behalf of the Participant.
1.4 You agree that this Waiver is governed by the laws of NSW and you submit to the exclusive jurisdiction of the courts of NSW.
1.5 By accepting this Waiver, you agree that this Waiver will continue to apply until The Nest Climbing Gym Terms and Conditions that you agreed to terminate or expire in accordance with their terms.

2. Risk

2.1 The Participant will be participating in the Activities being:

(a) Climbing - bouldering, rock climbing and the use of hang boards, campus boards, ropes and other rock climbing and bouldering training equipment; and/or
(b) Sauna - traditional sauna.

2.2 Participating in the Activities may expose the Participant to the risk of death, physical harm, personal injury (including fractures, hyperextension, overuse injuries, bleeding, cuts and abrasions, sprains and brain trauma), psychological and emotional harm (including panic attacks, hyperventilation and associated heart conditions), physical exertion, disease, illness and/or loss or damage to property which may arise from:

a) inherent risks of Climbing Activities being uncontrolled falling, collision with objects, walls, climbing holds, unprotected floors and other patrons;
b) inherent risks of Sauna Activities being overheating, dehydration, hypotension, reproductive effects, fainting and burns;
c) actions of other third party participants;
d) the Participant’s physical fitness level, tiredness or overexertion;
e) strenuous exercise;
f) the Participant’s climbing technique;
g) the Participant’s pre-existing health conditions;
h) equipment supplied by us to carry out the Activities; or
i) any failure of the Participant’s to comply with our instructions or directions.

2.3 You understand the demanding physical nature of a climbing activities and sauna.
2.4 You are not aware of any medical conditions, injuries or impairments that will be detrimental to the Participant’s health if the Participant participates in the Activities. 2.5 You have read this risk warning and you are aware of and voluntarily accept any risk that may arise from the Participant’s participation in the Activities.

3. Medical Conditions

3.1 In the event that you become aware of any medical, physical or psychological condition, injury or impairment that may be detrimental to the Participant’s health, a risk to the Participant’s safety or affect the Participant’s proper and safe participation in the Activities, the Participant must stop participating and you should contact a medical provider. You agree to:

(a) notify us of any pre-existing conditions that may affect the Participant prior to participating in the Activities (including, but not limited to, pregnancy, cardiovascular conditions, high/low blood pressure, anaphylaxis/allergies, diabetes, recent surgeries or injuries, or any other condition that may pose a risk to the you or others during physical activity), and promptly inform us of any changes in your medical condition that may affect your ability to safely participate in the Activities; and

(b) immediately notify us of any injuries that occur while participating in the Activities. If you are pregnant, have any medical conditions as listed in clause 3.1(a) or other have any other significant medical condition, you may be required to provide medical clearance from a qualified healthcare professional in order to participating in the Activities. We reserve the right to deny access to our facilities if we reasonably believe that your medical condition poses a significant risk to your safety or the safety of others. By using participating in the Activities, you represent, warrant and agree that you have no medical condition that would make it unsafe for you to participate in climbing, sauna use, or any other Activities.

3.3 You warrant to us that:

(a) the Participant has the required physical health and fitness needed to participate in the Activities; and

(b) you know of no medical or other reason why the Participant cannot or should not participate in the Activities.

3.4 No guaranteed results: Our classes may help you improve your climbing skills, strength, fitness, health and wellbeing, but we make no guarantees of any specific result you may achieve from participation in the Activities.

4. COVID-19

4.1 You acknowledge that there may be health and safety measures in place due to the potential spread of COVID-19 (and any variation or mutation to this disease or illness) including laws, regulations or guidance. You agree to observe and comply with all applicable laws, regulations and guidance in place during participation in the Activities including those in relation to COVID-19 (and any variation or mutation to this disease or illness). There is an inherent risk of exposure to COVID-19 (and any variation or mutation to this disease or illness) in any location where the public are, or have been, present. COVID-19 (and any variation or mutation to this disease or illness) is an extremely contagious disease which can lead to severe illness, disability and death. By participating in the Activity, you assume all risks related to the potential exposure to COVID-19 (and any variation or mutation to this disease or illness).

5. Exclusion of Liability

5.1 In this clause 5, “Supplier” means The Nest Climbing Gym Pty Ltd (ACN 681 776 054), and “this form” means this Waiver.

5.2 Under the Australian Consumer Law (ACL), statutory guarantees apply to the supply of services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are:

(a) rendered with due care and skill; and

(b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and

(c) might reasonably be expected to achieve any result you have made known to the supplier.

5.3 Under the Australian Consumer Law (Cth), as the Activities are recreational services, 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 (Cth) 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.

5.4 NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to reckless conduct on the supplier's part. A person’s conduct is reckless if the person is aware, or should have reasonably been so, that there was a significant risk that their conduct could result in personal injury and, despite this, engages in the conduct without adequate justification.

5.5 To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any loss or liability arising from or in connection with any personal injury or death caused or contributed to by the Participant’s participation in the Activities, except where caused by our reckless conduct.
5.6 This clause 5 will survive the termination or expiry of these Terms.

6. Rules

6.1 You agree to comply with the following rules (Rules) at all times:

a) prior to participation by the Participant in our Activities, to disclose any medical or health conditions that may impact or impair the Participant’s ability to participate in the Activities, to us;
b) not to be under the influence of alcohol or prohibited drugs while participating in the Activities;
c) not to engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you or any third party while participating in the Activities;
d) to comply with any of our safety advice and processes while participating in the Activities;
e) to immediately notify us if you are harmed or injured, or observe any third party to be harmed or injured while participating in the Activities; and
f) to comply with all of our reasonable instructions and directions while participating in the Activities.

7. Collection Notice

7.1 We collect Personal Information about you in order to provide our services to you, including to enable you to access and participate in the Activities, to monitor your progress, to contact and communicate with you and to respond to your enquiries and for other purposes set out in our Privacy Policy.

7.2 We may disclose that Personal Information to third party service providers who help us deliver our services, including the Activities, (including our information technology service providers, data storage, web-hosting and server providers, professional advisors, debt collectors, payment systems operators and our business partners) or as required by law. If you do not provide this information to us, we may not be able to provide our services to you. In certain circumstances, we may disclose your Personal Information to third parties located, or who store data, outside Australia.

7.3 Our Privacy Policy contains further information about how we store and use your Personal Information; how you can access and seek correction of your Personal Information; how you can make a privacy-related complaint; and our complaint handling process.

7.4 By providing our Personal Information to us, you acknowledge and agree that we will collect, hold, use and disclose your Personal Information in accordance with our Privacy Policy.

7.5 For the purposes of this clause:
a) Personal Information has the meaning given in the Privacy Act 1988 (Cth); and
b) Privacy Policy means our privacy policy available on our website.

8. General

8.1 Assignment: We may assign or transfer our rights or obligations under this Waiver without your consent.
8.2 Governing law: This Waiver will be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.
8.3 Severability: Any term of this Waiver which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of this Waiver is not affected.
8.4 Waiver: No waiver by either Party of any provision of this Waiver will amount to a waiver of any other provision of this Waiver unless made in writing and signed by the Party against whom the waiver would have been enforced.
8.5 Joint and Several: An obligation or liability on two or more Parties to this Waiver will bind them jointly and severally.

For any questions or notices, please contact us at:
The Nest Climbing Gym Pty Ltd (ACN 681 776 054)
Email: nowra@climbthenest.com.au

EXECUTION

PARTICIPANT

I have read this Waiver and understand its contents, including the exclusion of liability and assumption of risk. I agree that I will attend and participate in the Activities described in this Waiver at my own risk.

{name}

{sign_date}

Done Clear Sign Below:

Signature

THE NEST CLIMBING GYM

TERMS OF SERVICE

Services

Provision of Services: In consideration for your payment of the Fees, we agree to provide the Services in accordance with these Terms, whether ourselves or through our employees, subcontractors or agents (Personnel).

Screening Process: You acknowledge and agree that the provision of some, or all, of the Services may be subject to availability or a screening process which you will be required to fulfil. We reserve the right to refrain from providing you the Services if you fail to fulfil the requirements of the screening process.

Changes to this Agreement

Changes by you: If you wish to change your Membership (for example, by upgrading to a different Membership type or acquiring Additional Services), you must provide notice to us in person or over the phone that you wish to vary your Membership at least 5 Business Days before the end of the current billing cycle. If you vary your Membership and the Fees increase, the increased Fees will apply at the start of your next billing cycle, and you will have access to the additional Membership features at the start of your next billing cycle.

Changes by us: We may need to change these Terms, our Privacy Policy, our Waiver, the Services or the Fees from time to time including by introducing other membership services or additional services (Changes). If we wish to make a Change, we will provide you with 30 days’ notice of the change. By continuing to use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the Change. If you do not agree to the Change you should cease using the Services and advise us in writing.

Cancellation by you: If we give you notice of any Change and you wish to cancel our Services, you must notify us of this before the Change comes into effect and we will either remedy your concerns or you may terminate these Terms without any liability to us (including an obligation to pay a Cancellation Fee). If you have paid upfront for recurring access to any of the Services (excluding one-time purchases) and you would like to cancel them, we will issue you a pro-rata refund for such Services.

Your obligations

Guardian: If you are accepting these Terms as a parent or legal guardian of the Participant, you warrant and agree that you have the required authority to consent on behalf of the Participant. As a Guardian, you agree that you are responsible for compliance with the Agreement by the Participant and take responsibility for the Fees.

Fees: You agree to pay our Fees in accordance with our Payment Terms.

Validity: Memberships and Additional Services are valid for the corresponding use time frame listed relevant to your Membership type and /or the Additional Services (as available on our Website). You forfeit any Services that you do not use within the availability of use time frame.

Bookings: We will provide you with our schedule of available Services and you may request to book a Service. All requests to reschedule or cancel a Booking must be made by the Website, by email or calling us within the relevant timeframe as set out on the Website and will be subject to availability. You may request to book Services as part of a multi pass pack, casual class or Membership after you pay the applicable Fee. Once you choose an available Service session, we will send you confirmation of the session and your request will convert to a booking (Booking). In order to access and make use of the Services, you may need to create an account using an email address and password on our Site.

Suspensions: As set out on the Website, you may be entitled to pause your use of our Services for the maximum period applicable to the type of Service. If you wish to suspend your use of our Services (for example, due to injury, illness, business commitments or travel) and the Service type allows for suspension, you must provide the required notice to us in person or over the phone or by email. You must also provide us with any information relevant to the suspension that we reasonably request to support the reason for your suspension. If you suspend your Membership and the Fees increase for the Membership type, we will advise you in writing and subject to clause 6.2, the increased Fees will apply when your suspension ends.

Cancellations: As set out on the Website and as per clause 7.3, you are entitled to cancel your use of our Services at any time but a Cancellation Fee may be payable.

Rules of Conduct: You represent, warrant and agree:

that you will comply with our (and our Personnel’s) reasonable requests or requirements and comply with these requests in a timely manner;

that the information you provide to us is true, correct and complete;

to observe any applicable rules or conditions that are introduced or otherwise communicated by us, from time to time;

to refrain from causing disruption or risk of injury to other members or other people using our Services;

to sign in at the reception desk before participating in any Services;

to complete the relevant Safety Inductions and Site Orientation before participating in any Services;

to not engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you or a third party;

not be under the influence of alcohol or non-prescription drugs when in premises or when participating in the Services;

to respect all Personnel, fellow members, equipment and facilities and ensure you leave equipment as you found it;

to keep any belongings and valuables you bring into our premises safe;

to wear suitable clothing at all times when using the Services;

that you will remain solely responsible for all and any activities you undertake through the use of the Services;

that you will not use our Services if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of others;

that where you are aware of or become aware of, any physical or medical conditions that prevent you from participating in our Services, you will inform us and either not participate the Services or receive consent from a medical professional to participate in the Services;

that any information, advice, material, work and services (including the Services) provided by us under these Terms does not constitute medical advice; and

that if you are provided with an access card to access our premises and enjoy the Services (Access Card), this Access Card remains our property, and you agree to pay our costs of providing you with a replacement if your Access Card is lost or stolen.

Memberships

Details of the Services, Membership Type and Additional Services, including inclusions, limitations, fees and billing cycles (for recurring Membership Types) are set out in the Membership Details.

Minimum Period: Your Membership may be subject to a Minimum Period, as set out in the Membership Details. You will not be able to terminate your Membership during the Membership Period.

Additional Membership Conditions

Suspension of Memberships

This section only applies where we allow you to suspend your Membership in accordance with your Membership Type (e.g. Month to Month Membership).

At our sole discretion, we may allow you to suspend your Membership for a limited period. Where you wish to suspend your Membership, you must contact us via email at nowra@climbthenest.com.au or phone at least 5 days prior to the end of your current billing cycle. If we approve your request, your Membership will be suspended for the amount of time as agreed between the Parties in writing (Suspension Period).

You acknowledge and agree that:

the minimum Suspension Period is 2 weeks;

the maximum Suspension Period is 1 month (depending on membership type); and the minimum period between suspensions of your Membership is 1 month.

Additional Conditions

You are strictly prohibited from allowing entry to any other person into our facility. If you are found to be in violation of this obligation, we may charge you, and you are liable to pay, a $25 fee. You agree that this fee is reasonable, proportionate and a genuine pre-estimate of the loss and damage that we may suffer as a result of such unauthorised entry. This clause does not limit or exclude any other rights or remedies available to us under this Agreement or at law.

You agree to comply with our Rules and Safety guidelines, Code of Conduct, and Code of Practice at all times.

We may suspend your access to our Services where we reasonably believe you have violated the terms of our Rules and Safety guidelines, Code of Conduct, and Code of Practice, including where we believe there has been any unauthorised access to or use of our Services. If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Membership and your access to our Services will end.

Medical Conditions

Medical Conditions and Pregnancy: You are required to disclose any medical conditions that may affect your ability to safely use our facilities. This includes, but is not limited to, pregnancy, cardiovascular conditions, high/low blood pressure, anaphylaxis/allergies, diabetes, recent surgeries or injuries, or any other condition that may pose a risk to you or others during physical activity. You agree to promptly inform us of any changes in your medical condition that may affect your ability to safely use our facilities.

If you are pregnant, have any medical conditions as listed in clause 5.1 or have any other significant medical condition/s, you may be required to provide medical clearance from a qualified healthcare professional in order to use our Services. We reserve the right to deny access to our facilities if we reasonably believe that your medical condition poses a significant risk to your safety or the safety of others. By using our facilities, you represent, warrant and agree that you have no medical condition that would make it unsafe for you to participate in climbing, sauna use, or any other activities offered at our premises.

Fees and Payment Terms

Payment Methods: The payment methods we offer for the Fees are set out on the Website. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment). If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account or card in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account or card for which you provide details.

Changes to Fees: We may need to change the Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the change as per clause 2.

No Fraud: You must not pay, or attempt to pay, any Fees due under these Terms or as a result of your use of the Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.

Failure to Pay: If any Fees due under these Terms or as a result of your use of the Services are not paid on time, we may:

suspend your access to the Services; and

charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.

Taxes: You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

Late Payments: If you don’t pay on time as agreed, we can choose to stop providing the Services 5 business days after the payment was due and we can also ask you to pay for any extra costs we face because you didn’t pay on time. This includes a late payment fee, and any costs to get those payments from you.

Refunds: The Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms.

Term and Termination

Single Pass Use: If your Membership or the Additional Services are a single use pass, this Agreement will end on the earlier of the date the Services are completed (as reasonably determined by us) or the date on which this Agreement is terminated

Month To Month: All recurring Services continue for the agreed Service term (that you selected when purchasing the Service) (Initial Term). If your Membership is Month To Month, on expiry of the Initial Term your Membership will be automatically renewed for subsequent 1 month periods (each a Renewal Period), unless either party provides at least 5 Business Days written notice before the end of the Initial Term or the end of the then-current Renewal Period (as applicable) that it does not wish to renew and will continue until terminated in accordance with its terms. Your cancellation will take effect at the end of your current Initial Term or the end of the then-current Renewal Period (as applicable), and the Services will not be renewed (meaning you will need to continue paying all fees due up until the such date).

Termination for convenience: After the Minimum Period, either party may terminate this Agreement by providing written notice to the other party. As set out on the Website, a Cancellation Fee may be payable by you if you terminate for Convenience.

Termination for breach: This Agreement can be terminated by either party (the Non-Defaulting Party) with immediate effect if the other party (the Defaulting Party) fails to fulfil a significant obligation under this Agreement. If the Defaulting Party does not correct the breach within 10 business days after receiving written notice from the Non-Defaulting Party, the Non-Defaulting Party has the right to terminate the Agreement immediately.

Refunds: If you have paid upfront for recurring access to any of the Services (excluding one-time purchases) and we cancel for convenience or you terminate for breach, we will issue you a pro-rata refund for such Services. Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.

Australian Consumer Law

Consumer Law Rights: In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

Recreational Waiver: Under the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), statutory guarantees apply to the supply of certain goods and services classified as recreational services or dangerous recreational activities. Our Services fall within this category. These guarantees mean that we are required to ensure that the recreational services/ activities we supply 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 us; and

might reasonably be expected to achieve any result you have made known to us.

We are entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept these Terms, you will be agreeing that our Waiver provided to you forms part of these Terms and your rights to sue us under the Australian Consumer Law if you are killed or injured because the Services provided were not in accordance with these guarantees, are excluded in the way set out in these Terms. For the avoidance of doubt, this means that you agree to release us from any Liability and waive any claims for:

death;

physical or mental injury (including aggravation, acceleration or recurrence of such injury);

the contraction, aggravation or acceleration of a disease; or

the coming into existence of any other condition, circumstances, occurrence, activity, form of behaviour, course of conduct, or state of affairs in relation to you, that

is or may be harmful or disadvantageous to you or the community; or

may result in harm or disadvantage to you or the community, arising from or in connection with the dangerous recreational activity or recreational services, including your participation in the Services. This release does not apply to significant personal injury caused by reckless conduct by us or our Personnel.

This clause will survive the termination or expiry of the Agreement.

Limitations on Liability

Suitability: You are solely responsible for determining the suitability of any Services. You acknowledge and accept that there is a degree of risk in participating in the Services, and your participation in the Services is at your own risk.

Exclusions: Despite anything to the contrary, but subject to your Consumer Law Rights:

you agree that these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are expressed in these Terms;

we will have no Liability, and you waive and release us from all Liability, arising from or in connection with:

the Services to the extent they are a dangerous recreational activity or recreational service (as these terms are defined in clause 8.2);

any loss, theft or damage to your property (including personal items);

any negligent acts or omissions of you or any third party, including any third party that you allow onto the Premises or to use any part of the Services and/or any other member or user of the Premises; and/or

the lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services;

neither party will be liable for Consequential Loss;

each party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other party or any of that party’s Personnel, including any failure by that party to mitigate its losses; and

our maximum aggregate Liability arising from or in connection with these Terms is limited to us re-supplying the Services to you, or, at our option, refunding to you the amount you have paid us for the Services to which your claim relates.

This clause will survive the termination or expiry of the Agreement.

General:

Intellectual Property: Each party will maintain ownership of any intellectual property they independently create during the duration of this Agreement. There will be no transfer of intellectual property rights between the parties, except as explicitly outlined in these Terms.

Confidentiality: Both parties commit to maintaining the confidentiality of any proprietary or confidential information shared during the Term.

Privacy: Our Privacy Policy is available on our Website.

Subcontracting: We reserve the right to subcontract any portion of the Services at our discretion without needing to get your written approval beforehand. We commit to being fully responsible for fulfilling our obligations under this Agreement, and we will ensure that any subcontractors we employ will adhere to the terms of this Agreement as if we were performing the Services directly.

Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the parties.

Governing Law: This Agreement is governed by the laws of NSW.

Dispute Resolution: In the event of a dispute, the parties will first attempt to resolve the matter through mutual discussion or mediation.

Interpretation: To the extent of any ambiguity or discrepancy the order of priority will be (1) these Membership Details; (2) our Terms and Conditions; (3) our Waiver; (4) our Health Questionnaire; and (5) our Privacy Policy.

Definitions:

The Services, the Fee and Payment Terms and the Term will be as set out in the Membership details;

Climbing includes bouldering, rock climbing and the use of hangboards, campus boards, ropes and other rock climbing and bouldering training equipment;

Rules and Safety Guidelines means, respectively, our rules and safety guidelines, available on our website, as amended by us from time to time; and

Website means www.climbthenest.com.au.

we, us, or our (Service Provider):

The Nest Climbing Gym Pty Ltd (ACN 681776054).
Email: nowra@climbthenest.com.au

By signing this document you agree to our Terms, Privacy Policy, and Membership Agreement.

{name}

{sign_date}

Done Clear Sign Below:

Signature

THE NEST: RULES & SAFETY AGREEMENT

WARNING: Climbing and bouldering are inherently dangerous activities. Failure to follow these rules can result in serious injury or death. By entering the facility, you acknowledge these risks and agree to abide by all safety protocols.

1. MANDATORY REQUIREMENTS FOR ALL VISITORS

Waivers & Sign-Up: Every person entering the facility (climbers, belayers, and supervising parents) must complete a digital waiver and sign-up form. No exceptions.
Medical Disclosure: You must verbally disclose to staff—and record on your sign-up form—any existing injuries or medical conditions that may put you at risk. Where necessary, GP clearance is required before participating.
Check-In: Everyone must check in at reception every time they visit.
No Running: There is a ZERO TOLERANCE policy for running in the gym. Anyone running will be asked to sit out or leave the facility immediately.

2. TOP ROPE BELAYING (STRICT PROTOCOLS)

Mandatory Induction: Every belayer and climber must complete a Top Rope Belaying Induction. You must pass this induction to be permitted to belay.
Recency Rule: If you have not belayed at The Nest within the last 3 months, you must inform staff and complete a mandatory refresher before climbing.
Belay Technique: We use a strict "Pull, Lock, Slide, Slide" technique.
- Two hands must remain on the brake end of the rope at all times.
- You must keep tension in the rope (no slack) throughout the entire climb. Slack can result in ground falls and injury.
NO MOBILE PHONES: The use of mobile phones for any purpose—including photos or videos—is strictly prohibited while belaying. Belayers must maintain 100% focus on their climber.
Lowering: You must lower your climber at a slow, controlled pace.
- Hands off the wall: You must not begin lowering until the climber’s hands are off the holds and across their chest or on their end of the rope.
- Both hands must remain on the brake side, below the device, during the entire descent.
Parental Conduct: Parents are strictly prohibited from "pulling their child up" the wall using the non-brake end of the rope. Anyone caught doing this or belaying incorrectly will be corrected immediately; if they cannot demonstrate the correct technique, they will be removed from the facility.
Age Limit: Belayers must be 12 years or older unless explicitly approved by management.

3. BOULDERING SAFETY & FALL TECHNIQUE

Safety Video: Everyone must watch the Bouldering Safety Fall Video or view it at reception before entering the bouldering area.
Downclimb Only: Absolutely no jumping or falling from the top of the wall. You must use the designated down-climb holds, or other holds, to descend every single time. Grabbing the top of the wall structure is prohibited.
Fall Technique Assessment: All first-time visitors must demonstrate a correct fall technique and be passed by staff.
- Correct Technique: Land on feet with knees bent to absorb impact, roll back onto your bottom, with arms tucked into your chest.
- NEVER use your arms to break a fall.
- Staff reserve the right to re-test your falling technique at any time or request you stop bouldering if you cannot fall safely.
Weight Guidelines: For your safety, if you are over 80kg, we recommend you do not climb to the top of any boulder. We suggest rope climbing or avoiding any boulder where you may fall unexpectedly; climbing within your limits.
Fall Zones: Never stand, sit, or walk underneath a climber. Keep mats clear of all objects.

4. EQUIPMENT & GEAR

Harnesses: Harnesses cannot be worn while bouldering. They must be removed.
Refitting: Once a harness is removed, it must be refitted and checked by a qualified staff member before rope climbing again (this is mandatory for children under 12). Incorrectly fitted harnesses can result in injury or death.
Buddy Checks: These are essential for every climb.
- Climber: Both carabiners must be locked and facing in opposite directions, clipped into the center loop of the harness.
- Belayer: Single carabiner must be locked into the center loop of the harness.
Rope Safety: Do not climb on tangled ropes. Untangle them before clipping in. Ensure you are using the correct belay station for your specific route.
Pockets & Jewelry: Pockets must be completely empty. No jewelry is to be worn while climbing.

5. SUPERVISION & CONDUCT

Supervision: Children under 12 must be actively supervised by a responsible adult who has signed the safety agreement.
Staff Instructions: Staff directions are final. We reserve the right to remove anyone behaving unsafely or disrespectfully from the facility without a refund.
No Swinging: Swinging on ropes is strictly prohibited.

I (first_name} have read, understood, and agree to abide by the rules of The Nest. I acknowledge that staff may revoke my climbing or belaying privileges if I fail to follow these safety protocols.

Medical Conditions

Known Medical Conditions