Bouldering gyms playing it safe - when it comes to avoiding liability

Majority of bouldering gyms in Hong Kong have asked customers to sign waivers or disclaimers that contain blanket exclusion clauses in an attempt to exclude the premises from accident liability, the Consumer Council says.

No safety ropes or protective equipment is used for bouldering, with participants only required to wear comfortable clothes and climbing shoes, and people do not need prior qualifications, the watchdog said.

It surveyed 10 indoor bouldering gyms between October and December last year by sending anonymous customers.

It found that most clauses on the waiver forms have cumbersome wordings and broad scope of exemptions.

The anonymous customers visited each gym three times to see how they treat first-timers and examined their instruction and safety measures.

Before entering the venue, all gyms require customers to fill in a waiver of rights for exempting the establishment and its staff from accountability for any accidents.

Nine out of the 10 gyms tried to impose a "blanket exclusion of liability" by using words like "all," "any" and "or otherwise" on their disclaimers, the watchdog said.

Eight gyms required customers to bear risks arising from the venue and equipment, and risks that are not "inherent and obvious," while seven gyms claimed to exclude liability for injury or death caused by negligence of venue operator.

The watchdog found that while seven gyms had English disclaimers, only three - Just Climb in Tuen Mun, Project-Climb and Boulder in Kowloon Bay and The Player Climbingym in Mei Foo - provided disclaimers in Chinese and English.

However, The Player Climbingym provided a bilingual copy only when asked and it had two clauses compared to the 15 clauses on the online version.

The Project-Climb and Boulder gave a double-sided form to be filled, but staff did not inform customers about the disclaimer and did not make sure they read the terms.

The watchdog found that staff at four gyms were unable to explain the clauses clearly.

"Businesses are reminded that a disclaimer may not constitute part of a contract and be binding on consumers if they are unaware of its existence," said head of the council's research and testing committee, Nora Tam Fung-yee.

"If the consumers were misled by staff into believing that they were only providing their personal particulars, the disclaimer may be held unconscionable under the Unconscionable Contracts Ordinance which the court may refuse to enforce."

The council urged bouldering gym operators to provide bilingual disclaimers and to explain the risks to customers.

For first timers, the watchdog suggests that they take beginner's classes.

Only four gyms, however, recommend beginner's classes.

sophie.hui@singtaonewscorp.com