VISITOR AGREEMENT - ACKNOWLEDGEMENT AND ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY
Please read these terms and conditions carefully before climbing at B8A or, as a parent or legal guardian, consenting to a minor (being a person younger than 18 years of age) climbing at B8A, so that you are aware of yours and/or such minor’s legal rights and obligations with respect to B8A PTE. LTD., its related corporations and affiliates. It is important that you have read and understood all the terms and conditions of these Terms before signing the same. If you have any questions, please contact us.
By signing this agreement, you hereby acknowledge and agree to the following:
- These terms and conditions, together with all other rules, terms and conditions (collectively, “B8A 101”, available at www.b8a.sg/b8a-101) and the b8A Data Protection Notice (www.b8a.sg/data-protection) make up all the terms of the agreement (the “Agreement”) between you and B8A PTE. LTD., UEN 202110766N (collectively referred to herein with B8A PTE. LTD.’s employees, owners, officers, directors, agents, independent contractors as “B8A”).
- ACTIVITIES: This Agreement applies to any facility operated by B8A (each a “B8A Facility”), other facilities that B8A uses for its activities, and any outdoor or remote locations where B8A is conducting activities. Activities of B8A (collectively, the “B8A Activities”) include but are not limited to the following: the use of bouldering walls, roped (toprope, auto-belay and lead climbing) climbing walls, training and fitness equipment, participation in activities or events including climbing and other fitness classes, competitions, gear demonstrations, parties, clinics, training, outdoor climbing, camps and courses, travel to other activity sites, the rental or borrowing of equipment from B8A, and other activities and use of facilities and equipment at any B8A Facility or elsewhere.
- RISKS AND ASSUMPTION OF RISKS: You agree and acknowledge that:
- There are risks, hazards and danger in B8A Activities, inherent and otherwise, and that participation could result in injuries of all kinds, including serious injury or death, including but not limited to: hazards in traveling to the location of an activity; falling and colliding with objects, people or structures; falling onto uneven, worn or hard landing surfaces; being struck by other visitors or objects; falling as a result of loose or damaged handholds, loose rock, equipment failure even if equipment is properly used; the conduct, including negligent conduct, of other visitors, participants and staff; harm due to exposure to weather, plants or wildlife; potential exposure to pathogens and communicable diseases; the aggravation of pre-existing conditions; risks identified by B8A through rules and warnings, whether written, oral or otherwise; and other foreseeable or unforeseeable risks.
- These and other risks are inherent in a visit to a B8A Facility or other activity site and cannot be eliminated without changing the nature of the visit and participation in B8A Activities.
- Participation in B8A Activities is voluntary and participants may withdraw from participation at any time.
- Understanding these risks and dangers, and understanding that other risks will be encountered, you expressly assume all risks associated with B8A Activities, inherent and otherwise, and whether or not described above.
- PHYSICAL CONDITION AND HEALTH:
- Our staff, agents and subcontractors are not medically qualified, so if you have any doubts about your fitness or capability to participate in and/or undertake any B8A Activities, please consult a medical professional. For safety reasons, you are responsible for correctly using all equipment provided at a B8A Facility. If you are unsure of how to use any equipment, always ask a staff member.
- You shall monitor your physical conditions at all times and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur, please immediately stop what you are doing and notify a staff member.
- You represent and warrant that you are in good physical condition and capable of participating in B8A Activities, and have no mental or physical condition that would cause you to be a danger to yourself or to others.
- You shall not participate in and/or undertake any B8A Activities while suffering from any infections or contagious illness, disease or other ailment such as open cuts, abrasions, open sores or infection, where there is a risk that your participation in and/or undertaking of B8A Activities may be detrimental to the health, safety, comfort or physical condition of other persons in a B8A Facility.
- In the event of an accident, you authorise B8A to provide and obtain medical care, including transportation to a medical facility if, in the opinion of B8A, medical care is needed and you are unable to make such decisions for yourself. You agree to pay all costs associated with such actions on the part of B8A, and to indemnify and hold B8A harmless from any consequences resulting from such care.
- LIMITATION OF LIABILITY:
- Participation in B8A Activities / Use of B8A Facilities. If you are killed or suffer personal injury in the course of, or as a result of, or in connection with your participation in and/or undertaking of any B8A Activities or such other activities performed on a B8A Facility, B8A shall not be liable except to the extent caused by its negligence.
- Supply of Services. Without limitation to paragraph 5(a) above and any other terms implied into this Agreement by statute in relation to the supply of services which cannot be excluded or limited by law, B8A will ensure that the services it provides to you are provided with reasonable care and skill, are fit for the purpose which they are commonly bought, and are reasonable to expect in the circumstances, and are free from any defect rendering them unfit for the purposes for which such services are commonly acquired. Insofar as permitted by law, and without limitation to paragraph 5(a) above, unless B8A has breached any of these obligations it will not be liable for any loss, liability or damage that you may incur as a result of the services provided by B8A to you.
- RELEASE OF LIABILITY AND INDEMNITY: Insofar as permitted by law, you agree not to sue, and to release, discharge and indemnify B8A, lessees and owners of the properties on which B8A Activities are conducted, and their respective members, owners, managers, directors and staff (collectively, the “Released Parties”) with respect to any claims, demands, injuries, damages, and/or actions for negligence arising on account of death or due to injury, loss, damage or theft to the person or property of another visitor to a B8A Facility (a “Visitor”) arising out of or in connection with your participation and/or undertaking of the B8A Activities or your actions at a B8A Facility. You hereby hold the Released Parties harmless from all claims which may be brought against the Released Parties by or on behalf of another Visitor for any such injuries or claims aforesaid.
- B8A RULES, TERMS AND CONDITIONS: You acknowledge and agree that the B8A rules, terms and conditions, otherwise known as B8A 101 (www.b8a.sg/b8a-101) govern your use of a B8A Facility or participation in any B8A Activity. You agree to comply with B8A 101 which are binding rules that apply to all members, guests and visitors to a B8A Facility or B8A Activity. You acknowledge that you are responsible for the conduct of your guests and visitors while they are using a B8A Facility. Up-to-date B8A 101 will be published at www.b8a.sg/b8a-101 and displayed at each B8A Facility.
- USE OF EQUIPMENT NOT PROVIDED BY B8A: You are responsible for assessing the quality of any equipment brought for use in B8A Activities that is not provided by B8A, and declare that it is suitable for your intended use. You understand that B8A is not liable for any lost or stolen equipment or personal items brought to B8A facilities or other site of any B8A Activities.
- PERSONAL DATA: B8A takes the privacy of your personal data seriously and our Data Protection Notice (available at www.b8a.sg/data-protection) explains the ways in which B8A uses, collects, discloses and protects your personal data. You acknowledge that B8A is hereby authorised to take photos and video of you in connection with participation in B8A Activities and has your permission to use your name and likeness, without compensation, for marketing and other promotional purposes.
- COSTS AND EXPENSES – If either party to this Agreement seeks to enforce any of its rights and/or obligations under this Agreement and/or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.
- ENTIRE AGREEMENT – This Agreement constitutes the entire agreement between you and B8A regarding the subject matter herein, and supersedes all prior agreements, and shall continue in effect and remain in force in perpetuity from the date it is executed, and covers your participation in all B8A Activities.
- VARIATIONS – B8A reserves the right to make reasonable amendments to this Agreement or B8A 101 at any time. B8A will inform you of any changes by emailing you and/or notifying you via our app. You may view and/or access the amended Agreement or B8A 101 at www.b8a.sg/b8a-101.
- ASSIGNMENT – The terms and conditions of this Agreement shall be binding on and enure to the benefit of the parties to this Agreement and their respective heirs, permitted assigns, administrators and/or and successors-in-title.
- NON-WAIVER – The failure of B8A to enforce any of its rights or obligations under this Agreement shall not be construed as a waiver of the same.
- SEVERANCE – If any provision or part-provision herein is invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable. Any such modification shall not affect the validity of the remaining provisions of this Agreement.
- GOVERNING LAW AND JURISDICTION – This Agreement shall be subject to, governed by and construed in accordance with the laws of the Republic of Singapore. Any dispute or difference arising out of or in connection with or in relation to this Agreement, including any question regarding the existence, validity, termination, application or termination of this Agreement shall be subject to the exclusive jurisdiction of the courts of Singapore.
BY ACCEPTING AND AGREEING TO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ, UNDERSTOOD, AND VOLUNTARILY SIGN THIS AGREEMENT.
FOR MINORS: If you are under the age of 18, your parent or legal guardian will need to accept and agree to the terms and conditions of this Agreement on your behalf and to accept responsibility for your conduct, actions and obligations under this Agreement.