BOULD MOVE GENERAL TERMS AND CONDITIONS
Definitions:
Billing Account means the bank account, debit card or credit card nominated by you to have your Membership Fees deducted from.
Bould Bean Cafe means the cafe located within Bould Move.
Bould Rules means rules that, upon entry and during the attendance at Bould Move, the Guest must abide by to ensure everyone’s safety and enjoyment is upheld. A copy will always be displayed at Bould Move or one can be made available upon request by emailing hello@bouldmove.com.au.
General Terms and Conditions means these terms made between you and Bould Move incorporating our Bould Rules and Privacy Policy as described in Section 1.
Guest means an individual who purchases and/or uses any of the products or services offered by Bould Move from time to time.
Non-Guest means an individual who does not purchase and/or use any of the products or services offered by Bould Move from time to time. This can include an individual purchasing from or interacting with the Bould Bean Cafe.
Our/Us/We/Bould Move means Can’t Climb This Pty Ltd T/A Bould Move, directors, officers, employees, contractors and agents.
Payment Provider means the payment provider specified from time to time by us.
Premises means 24A Innovation Parkway, Birtinya, QLD 4575.
Privacy Policy means the Bould Move privacy policy which is available upon request by emailing hello@bouldmove.com.au.
Written Notice means providing notice in accordance with this Agreement in writing, typically via email to your nominated email address and to hello@bouldmove.com.au.
Should we not have your nominated email address, we will undertake other reasonable methods such as post or sms.
1) Terms and Conditions
a) It is to be read in conjunction with our Bould Rules and Privacy Policy.
b) Accepting the General Terms and Conditions does not automatically entitle you to access or use of any products or services provided by Bould Move its directors, officers, employees, contractors, and agents as your application may be subject to further review by Bould Move.
c) Bould Move reserves the right, in its sole discretion, to amend these Terms and Conditions at any time.
2) Purchase, Use or Entry into the Premises
a) If you are a Guest, you agree to comply with the following:
i)That before you participate or use any of the products or services provided by Bould Move from time to time, you must sign a waiver.
ii)You must sign in at the reception prior to participating or using any of the products or services provided by Bould Move from time to time.
iii)Bould Move does not permit the use of loose chalk, please use liquid chalk only.
iv)Children under 16 years must be supervised at all times by a parent/guardian. Children under 8 years must have a spotter.
v)Children 12 years and under are prohibited from bouldering in the adults zone (if any) unless authorized.
vi)Bould Move has a strict no drug and alcohol position.
vii)If you are participating in bouldering, it is a requirement to wear bouldering shoes. If you do not have bouldering shoes, these can be hired from Bould Move for a fee. Bouldering shoe hire is not included in any of the products or services provided by Bould Move from time to time.
viii)Empty pockets and remove any jewelry or hazards prior to participating or using any of the products or services provided by Bould Move from time to time.
ix)The safety mats are a landing zone only and must be kept clear at all times.
x)No food and drink on the safety mats or in Bould Gym.
xi)No running, lounging or loitering on mats, Bould Gym or in any thoroughfare within the Premises.
xii)No jumping off walls. Climb down where possible.
xiii)Maintain a safe distance between you and other boulderers and ensure only one person on a route at a time.
xiv)Report any injuries or pain immediately to staff and cease all activity.
xv)Report any safety hazards to staff immediately.
b)If you are a Non-Guest, you agree to comply with the following:
i)Bould Move has a strict no drug and alcohol position.
ii)The safety mats are a landing zone only and must be kept clear at all times.
iii)No food and drink on the safety mats or in Bould Gym.
iv)No running, lounging or loitering on mats, Bould Gym or in any thoroughfare within the Premises.
v)No jumping off walls. Climb down where possible.
vi)Maintain a safe distance between you and other boulderers and ensure only one person on a route at a time.
vii)Report any injuries or pain immediately to staff and cease all activity.
viii)Report any safety hazards to staff immediately.
3) Photography
a)You agree that Bould Move, its directors, officers, employees, contractors and agents, may photograph or film you while attend the facility and use of any and all such photos, video footage and/or video streaming for promotion, sales, publicity and advertising purposes for all media, including, but not limited to, the internet.
b)Despite agreeing to the General Terms and Conditions gives us express consent to the matters set out in Section 2(a), we may still seek your permission.
4) Physical Condition
a)You hereby represent to Bould Move, and its directors officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of participation or use of any of the products or services offered by Bould Move from time to time.
b)It is your responsibility not to participate in any products or services offered by Bould Move from time to time, if they may adversely affect any medical condition.
c)If you have any health or medical concerns now or after you are a Guest of Bould Move, you must discuss them with your doctor before participating or using any products or services offered by Bould Move from time to time.
d)You acknowledge that Bould Move did not give you any medical advice before you participated or used products or services offered by Bould Move from time to time, and cannot give you any medical advice after you participate or use any products or services offered by Bould Move from time to time.
e)If you are a Guest of Bould As Recovery, you may seek advice from our onsite physiotherapist, however this is limited to the scope of physiotherapy and is still general in nature and further specific advice should be sought from your doctor.
5) Property Liability
a)Bould Move is not liable for any lost, stolen or damaged personal property on or around the Premises, including but not limited to a vehicle or its contents or any property left in lockers (if any).
b)You will be responsible for the cost of repair or replacement of any any damage done to equipment including but not limited to, chairs, tables, plants, couches, bouldering walls, climbing holds, safety matting, training or gym equipment, cafe equipment, supplements, climbing/bouldering gear, stock, safety equipment, or any other damage to any unfixed items owned or in control of Bould Move whether at the Premises or elsewhere.
c)You will be responsible for the cost of repair or replacement of any damage done to the Premises, inside or out. This includes but not limited to, walls, bathrooms, showers, toilets, flooring, doors, windows, cafe area, or any other damage to any fixed item owned or in control of Bould Move whether at the Premises or elsewhere.
6) Payments
a)You agree to pay all fees associated with any of the products or services offered by Bould Move from time to time, when asked to by Bould Move.
b)If you, at some point, provided a billing account to us, by agreeing to these Terms and Conditions, you authorise our Payment Provider to debit any fees associated with the purchase or use of any of the products or services offered by Bould Move from time to time.
c)We will endeavour to contact you by phone, sms or email to inform you of any overdue payments. In the event that we cannot contact you, we will provide you with Written Notice of overdue amounts.
d)We reserve the right to charge a Dishonour Fee in the event that a payment is dishonoured for whatever reason.
e)Additional fees (being bank charges, processing fees or administrative charges incurred by the Payment Provider) will apply for the processing of all payments, any overdue and/or late payments.
f)If there are repeated failures to meet your payment obligations (other than through the fault of Bould Move or its Payment Provider), without prejudicing our rights to recover any overdue payments, you may refused access to use of any of the products or services offered by Bould Move from time to time by Written Notice to you.
g)You acknowledge and agree that Bould Move may change its Payment Provider and that we and/or the current Payment Provider may, in their sole discretion, assign or novate all existing Payment Agreements to a new payment provider. In the event that we or the current Payment Provider assigns or novates the existing Payment Agreements to a new payment provider, you consent to us or the current Payment Provider providing your personal information (including, but not limited to your payment details, to its new payment provider) in accordance with this the General Terms and Conditions and our Privacy Policy.
h)Bould Move reserves the right, at any time, to change the fees it charges for any of its products or services offered by Bould Move from time to time.
i)Unless otherwise necessary, such changes will be effective immediately without further notice to you and you authorise Bould Move and/or the Payment Provider to debit the new amount from your account upon your next purchase or interaction with Bould Move, whether that is in venue or online.
j)I hereby agree that if Bould Move is unable to process my payment from the designated account provided by me, Bould Move is permitted to use any of the other account information provided as many times and as often as needed to replace the unpaid payments and service charges.
7) Privacy
a)Bould Move is committed to protecting the privacy of its Guests. We make every effort to ensure that the information you share with us is recorded accurately, retained securely and used only according to your wishes. We collect personal details necessary to communicate with you and manage our ongoing business relationship with you. If you have any questions about how your personal information is handled or distributed, or if you wish to receive a full copy of our privacy policy, emailing hello@bouldmove.com.au.
8) Rights and Obligations
a)I understand my rights and obligations as stated above. I confirm that I am the full age of eighteen (18) years and that I have read and understood this release and waiver of liability and I am aware that by agreeing to these Terms and Conditions I am waiving certain legal rights, including the right to claim damages which I or my heirs, executors, administrators, successors or assigns may have against Bould Move.
