Gold Membership

THE HOLD AND THE CRUX
PARTICIPATION AGREEMENT, RISK WARNING AND WAIVER
Version 1, 19 October 2026

WHO THIS AGREEMENT IS WITH

This agreement is with The Hold Bendigo Pty Ltd (ACN 656 244 683, ABN 62 656 244 683). The Hold Bendigo Pty Ltd operates both of these climbing gyms:

- The Hold, 80 Hattam Street, Golden Gully VIC 3555
- The Crux, 20 Louvain Street, Coburg North VIC 3058

In this agreement, "we", "us" and "our" mean The Hold Bendigo Pty Ltd. Where this agreement protects us, it also protects our directors, employees, contractors and volunteers. "You" means the person signing. If you sign for a child, see "Signing for a child" below.

"Activities" means climbing, bouldering, training, classes, coaching, youth and holiday programs, competitions, events, gear hire and any other use of either venue or its equipment.

Once you sign, this agreement applies to every visit you make to either venue, until you accept a newer version.

PLEASE READ THIS BEFORE YOU SIGN

This is a legal document. It affects your legal rights, including your right to sue us if you are killed or injured. Please read all of it.

If you do not understand something, ask our staff before you sign or climb. You do not have to sign, but you cannot climb or use the gym unless you do.

ABOUT THE ACTIVITIES

Bouldering is climbing on walls up to about 5 metres high, without ropes or harnesses, above padded matting. Every climb ends with a fall, a jump or a climb down onto the mats.

The Hold also has auto-belay devices on some walls. Both venues may have training areas and equipment. Activities can also include classes, coaching, programs, social events and use of the shared spaces.

RISK WARNING

Climbing and the other activities carry real risks. Those risks remain even when the rules are followed and the gym is run well. They include:

- falling or jumping onto the mats, including awkward landings, and landing on another person, on the edge of a mat or in a gap between mats
- injuries such as sprains, dislocations, broken bones, and head, neck and spinal injuries, and in rare cases permanent disability or death
- being hit by a falling climber, by a dropped object, or by a hold or wall feature that spins, loosens or breaks
- strains and overuse injuries to fingers, wrists, elbows, shoulders and other joints
- walking, sitting or standing under someone who is climbing
- using an auto-belay or other equipment incorrectly, including starting a climb without clipping in
- the actions of other people, children and dogs in the gym
- slips, trips and fatigue from strenuous exercise
- illness picked up in shared spaces, and reactions to chalk dust
- loss of, or damage to, your belongings

Some of these risks are obvious. Following the rules and staff instructions reduces many of them, but cannot remove them. This is a risk warning, given to you before you take part.

YOUR RESPONSIBILITIES

- Complete the safety induction when our staff ask you to, including on your first visit, and follow what you are shown.
- Climb within your own ability and limits. You are responsible for deciding whether you are fit to climb. If you are unsure, get medical advice before you climb. Stop if you feel unwell or are hurt.
- Do not climb or use equipment while affected by alcohol, drugs or anything else that affects your alertness, balance or judgement.
- Follow the code of conduct below, each venue's posted rules and signs, and staff instructions.
- Tell staff straight away about any injury, hazard, damaged equipment or near miss.
- Look after your own belongings. Storage is provided, but it is not supervised and may not be lockable.

CODE OF CONDUCT

Climbing is for everyone. People of all ages, abilities, genders, sexualities and backgrounds are welcome at both venues.

Respect people
- Treat everyone with respect. We have zero tolerance for harassment, discrimination, bullying or aggressive behaviour. Report any issue to staff, who will deal with it discreetly.
- Look out for each other. Check on anyone who takes a fall, and tell staff about anything unsafe or worrying.
- Ask before giving someone advice on how to do a climb.

Respect the space
- Keep the mats clear of bags, bottles, phones and anyone who is not climbing. The mats are landing zones.
- No running, wrestling, gymnastics or rough play on the mats.
- Wear climbing shoes on the walls only, not in the bathrooms or outside.
- Share the walls. Take turns when it is busy. The first person on a climb has priority.
- Use chalk sparingly and clean up spills. Brush holds, put gear back and take your rubbish with you.

Climb safe
- Mind the fall zone. Never walk, sit or stand under someone who is climbing.
- Climb down where you can, rather than jumping from the top.
- Only use an auto-belay after staff have shown you how, and clip in every time.

Children
- Children must be supervised in line with the age and supervision rules posted at the venue they are visiting.
- The adult who brings a child is responsible for supervising that child. Our staff do not supervise individual climbers, except during a class, program or session that we are running.

Dogs
- Where a venue allows dogs, they must be on a lead, kept off the mats and under your control at all times, and you must clean up after them. You are responsible for your dog's behaviour.

Each venue's own rules
- Each venue has its own house rules and signs, for example on dogs, clothing and opening hours. Those rules form part of this code. We may update them to keep people safe, and any update will be posted at the venue.

If someone breaks this code or puts others at risk, staff may ask them to stop climbing or to leave. Serious or repeated breaches may lead to access being suspended or cancelled.

FIRST AID AND EMERGENCIES

If you are injured or become unwell, tell staff. You agree that our staff may give first aid, may call an ambulance or arrange other emergency medical help if they think it is needed, and may contact the emergency contact you gave us.

You are responsible for the cost of any ambulance or medical treatment. This does not affect any claim you are entitled to make against us.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies 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 the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.

In accordance with section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an 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.

EXCLUSION OF LIABILITY FOR RECREATIONAL SERVICES

The supplier named on this form is The Hold Bendigo Pty Ltd, at both venues.

Victorian law. By signing this form, you agree that the liability of The Hold Bendigo Pty Ltd for death or personal injury (as defined in section 22 of the Australian Consumer Law and Fair Trading Act 2012), resulting from a failure to comply with the statutory guarantees described in the warning above in the supply of recreational services to you, or to a child you sign for, is excluded. This does not apply if the death or injury is due to gross negligence, as explained in the note above.

Commonwealth law. To the extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth), you agree that our liability for death or personal injury resulting from a failure to comply with a guarantee in sections 60 to 62 of the Australian Consumer Law, in connection with the supply of recreational services, is excluded. This does not apply to significant personal injury caused by our reckless conduct.

WHAT THIS AGREEMENT DOES NOT DO

- Apart from the two statutory exclusions directly above, which are limited to death and personal injury, nothing in this agreement excludes, restricts or limits our liability for our own negligence, for any other failure to meet a consumer guarantee, or for loss of or damage to property that we cause.
- It does not take away any right that the law does not allow to be taken away.
- It does not limit our responsibilities to keep children safe.
- If you sign for a child, it does not stop the child from making their own claim. See "Signing for a child" below.

YOUR PROMISE TO COVER CERTAIN LOSSES

You agree to cover us for loss we suffer, including reasonable legal costs, from a claim made against us by another person, to the extent that claim is caused by your deliberate misconduct, your negligence, or your failure to follow this code of conduct or staff instructions. This promise does not apply to the extent the loss was caused by our negligence.

SIGNING FOR A CHILD

If you are signing for someone under 18:

- You confirm that you are their parent or legal guardian and that you have authority to consent for them.
- You consent to the child taking part in the activities.
- You have read this agreement, and you will explain the risks and the code of conduct to the child in a way they can understand.
- You will make sure the child is supervised as the posted rules at each venue require, whenever you bring the child or arrange for another adult to bring them.
- The warning and the exclusions above apply to your own rights and to the services you acquire for the child, as far as Victorian and Commonwealth law allow.
- Under Victorian law, a parent or guardian cannot sign away a child's own right to sue. Your signature does not stop the child from bringing their own claim, now or after they turn 18.

YOUR PERSONAL INFORMATION

We collect your details to manage your visits, membership and safety, including contacting your emergency contact if needed. How we handle personal information is set out in our privacy policy, which is available at each venue and on our websites.

CHANGES TO THIS AGREEMENT

The wording you sign does not change after you sign it. If we update this agreement, we will ask you to read and accept the new version before your next visit. The new version applies from when you accept it.

GENERAL

- This agreement is governed by the law of Victoria.
- If any part of this agreement is not legally effective, that part is removed and the rest still applies.
- As far as the law allows, we may rely on this agreement in any claim brought by you or on your behalf.

SIGNING ELECTRONICALLY

- You agree to sign this agreement electronically, and The Hold Bendigo Pty Ltd agrees to accept your electronic signature.
- When you type your full name and tick the box, that is your signature. It identifies you and shows that you have read, understood and agree to this agreement, in the same way as signing a paper copy by hand.
- We keep a record of the exact wording you agreed to, together with your typed name and the date and time you signed (Melbourne time). You can ask staff at either venue for a copy at any time.
- Only type your own name. Only sign for yourself, or for a child you are the parent or legal guardian of.

DECLARATION

By typing your full name and ticking the box, you confirm that:

- you are 18 or older
- you have read this whole agreement, including the risk warning and the warning under the Australian Consumer Law and Fair Trading Act 2012, before taking part in any activity
- you have had the chance to ask questions
- you agree to this agreement for yourself and, if you are signing for a child, on the basis set out under "Signing for a child"
- the details you have given us are true and complete