Legal Jibber Jabber

Please take time to read the Legal Jibber Jabber. It’s important, is intended to be legally binding and sets out the terms and conditions which govern our agreement with you.

The general idea

We want to provide everyone who uses The Wall with an awesome climbing experience that allows them to defy gravity. That means we need to set out the basis on which we will provide great problems for you to climb, courses and events to attend and, in turn, what we expect from everyone who uses The Wall. We also explain what we do with your personal information and what happens if we need to close etc. It’s all dealt with below, but if you have any queries talk to one of our staff, or email us at [email protected]

Definitions

Billing Date: means the first day of the month.

dosh: means payments made by cash, credit card, debit card, direct debit, cheques, electronic transfer and any other way of paying for use of The Wall.

The Wall, us, we and our: means the climbing centre located at 5 Arkle Road, Sandyford, Dublin 18, owned and operated by Dublin Bouldering Gym Limited, trading as The Wall Climbing Gym.

The Wall’s Rules: means the rules and regulations governing the use of The Wall.
you and your: means a person who uses The Wall and paid dosh to do so and includes members.
Waiver: means the “Acknowledgement of Risk Form” completed and signed by you, or your parent or guardian (if you are under 18) on your first visit to The Wall which confirms that you have watched The Wall’s induction video, you understand what bouldering is, that you might fall off, be injured, die (it might happen) and that you are fit and able to use The Wall.

this agreement: means the Legal Jibber Jabber, The Wall’s Rules, Car Parking T’s & C’s, Adult Waiver (also referred to as Acknowledgement of Risk Form ADULTS) and Youth Waiver (also referred to as Acknowledgement of Risk Form – UNDER 18).

Payment Method: means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through direct debit, a credit or debit card, or your account with a third party.

Using The Wall

Using our facilities: You are responsible for ensuring that you correctly use any facilities and/ or equipment which we provide. This includes, campus boards, finger boards, training boards, weights, racks, rings, fitness equipment, matting, climbing holds, volumes and surfaces or any other part of The Wall which we provide for you to use. If you are in any doubt about how to correctly use the facilities, you must consult a member of staff.

Your health: We don’t want you using The Wall if you think that climbing will be detrimental to your health. When you register with us and every time you use The Wall, you warrant and represent that you are not aware of any medical condition which would prevent you from using The Wall safely and without injury to you or others. If in doubt, you shouldn’t climb. If you are concerned about your health, you should consult a medical practitioner.

The Wall’s Rules: You must familiarise yourself with The Wall’s Rules before you use The Wall. They are simple things that you and other users need to do to help ensure that everyone gets along and uses The Wall safely. By climbing at The Wall, you confirm that you agree with and will abide by theses rules. The Wall’s Rules are displayed at reception and on our website and you will need to confirm you have read them when you register. We may cancel or suspend your membership without notice or refuse admission if you break these rules. You understand and agree that you will not be entitled to a refund of your membership or any other fees where you have broken The Wall’s Rules. We reserve the right to make changes to The Wall’s Rules.

Getting in: Before using The Wall for the first time you must watch our induction/ safety video and complete a Waiver (the Waiver should be completed by your parent or guardian if you are under 18). Once we confirm that a copy of your completed Waiver has been filed with us, then you will be able to provide your name or a registration number to reception who will then log you into our computer system and reward you with a smile. You are then free to climb unhindered once you don’t do anything foolish and abide by The Wall’s Rules. Every time you come to the centre you must not climb without first checking into reception. If we don’t know you are using The Wall we won’t be able to look after you in case of things like fires, or monitor how many people are using The Wall.

Closures: For the vast majority of the time we will make sure The Wall is open for you to use, especially at peak periods and during the weekend. However, we may need to close the entire Wall (unlikely), or portions of The Wall (very likely) at certain times for repairs, maintenance, route setting, cleaning, decorating, competitions, courses, classes and special events or because of things outside our control, for example damage to the building, health requirements or government directions etc. You understand that while closures may disrupt the provision of services to you, they are part and parcel of using The Wall and accordingly, you agree that such disruption will not amount to a breach of our agreement with you.

Opening hours: Opening hours are subject to change, but we will normally provide one month’s written notice before we make any changes unless it’s not practical for us to do so.

Your property: You understand and acknowledge that any property you leave at The Wall is left entirely at your own risk. This includes placing items, such as bags, in any areas we provide for leaving property.

Our property: We hire out shoes, chalk bags and bouldering mats amongst other things. We sometimes ask for a small deposit which you will get back once we get our stuff back. Things that are obviously part of The Wall, such as holds, cups, gym equipment, tools etc should not be removed from The Wall without our consent.

Under 18’s: All persons under the age of 18 will only be able to climb if their parent or guardian has completed a Waiver. It is the responsibility of the school or group organiser, to ensure that all Waivers have been completed prior to attending The Wall. No refunds will be given where a minor cannot climb because a Waiver has not been completed or has been completed incorrectly. Persons under the age of 14 cannot climb unless they are under the supervision of an employee of The Wall. Persons over the age of 14 may climb unsupervised where:

Their parent or guardian confirms (in The Wall’s Waiver) that they may climb unsupervised; and
They have attended a minimum of four Teen Coaching (or similar) sessions under the supervision of an employee of The Wall.

Any person over the age of 14 who has been signed off by The Wall to climb unsupervised, may have this permission revoked if any member of The Wall’s staff judges them to subsequently act unsafely or breach The Wall’s rules. If this occurs the person concerned will only be able to climb under supervision.

Complaints: In an ideal world there wouldn’t be any. However, sometimes things don’t work out, or we slip up. We want to provide the best possible service we can and be open about what that is. If you feel that we have not met your expectations, or have messed up your experience, or if you just want easier or harder problems, then we want to hear from you and put things right. Here’s what to do:

Don’t suffer in silence.
Talk to a member of staff, they can usually sort out most things, if that doesn’t work.
Email or write to us. If that doesn’t work, and it should.
Meet with us, yes we will meet with you, and we would be very surprised if we can’t resolve things.

Car park: Any person paying dosh to climb at The Wall is entitled to park their car for the duration of their usage. However, cars may only be parked while you are using The Wall. We have set out the full terms and conditions for using the car park in a separate document, Car Park T’s & C’s.

Membership

Membership: Your Wall membership will continue until terminated. To use The Wall you must provide us with one or more Payment Methods. Unless you cancel your membership before your Billing Date, you authorise us to charge the membership fee for the next billing cycle to your Payment Method (see “Cancellation” below). We may offer a number of membership plans, including special promotional memberships. Different membership have different conditions and limitations, which will be disclosed when you sign-up or in other communications made available to you. You can find specific details regarding your membership by providing your registration number, or name and date of birth to a member of staff at reception.

Payment: Your membership fee will be charged to your Payment Method on the specific Billing Date. The length of your billing cycle will depend on the type of membership that you choose when you sign-up. In some cases your payment date may change, for example if your Payment Method has not successfully settled, or if your membership began on a day not contained in a given month.

Declined payments: To use The Wall you must provide one or more Payment Methods. You authorise us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your membership fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to The Wall until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

Your membership: Your membership applies to you personally. You cannot lend, assign or transfer it to another person. Sharing your ID number/ registration card is frowned upon and may mean you lose your membership and will not be allowed to climb at The Wall again. Your membership allows you to use The Wall in accordance with The Wall’s Rules and the type of membership option that you have selected.

Payment: You must pay dosh and register to use The Wall. Every person using The Wall must pay in advance. If you forget to pay, or your membership lapses, and you start climbing you will be asked to pay or renew your membership. If you climb without paying one or more times we will be upset, generally unhappy, and you may be banned from entering The Wall in the future (so don’t do it!).

Other costs: In addition to your monthly, prepaid, daily usage and membership costs you may also be required to pay additional fees if you choose to attend a class or course, personal training, participate in competitions, or other events which we may run at The Wall.

Our charges: These are subject to periodic increases, and we reserve the right to pass on any changes in the rate of VAT or other government taxes. We also reserve the right to pass on any increases in charges we pay to third party payment providers or processors which you use to pay for your membership, such as banks, Stripe, Paypal, credit or debit card companies etc. Fees will normally be reviewed on an ongoing basis. Where possible, you will be given 7 days’ notice of any change to our fees, we will post notice of any change on our social media accounts and at reception.

Cancellations & ending your membership

Ending your membership: Your right to cancel your membership will depend on the type of membership that you choose when you sign up. If you did not sign up at The Wall’s premises you have 14 days after sign-up to cancel your membership for any reason. Each membership is priced at a different rate depending on the level of commitment you make. The various levels of notice, commitment by you, and rights to a refund when you end your membership are set out below:

Monthly Subscription Membership: there is a minimum sign-up period of one month. There is a sign-up fee when you begin your subscription. If you cancel your subscription and then start a new subscription, you will be required to pay a sign-up fee every time you begin a new subscription.

You may cancel your membership at any time by giving a minimum 48 hours’ notice before the start of the next Billing Date. We will automatically continue collecting the same amount every month and your membership will be extended by one month for each payment. No refunds will be offered for any part of any of the months not used.

Prepaid Membership: these can be for 1, 3 or 12 months and must be paid for in advance and are not refundable. No refunds will be offered for any part of any of the months not used.

Prepaid Punch Cards: These must be paid for in advance and are not refundable. They must be used within 12 months of purchase.

After ending your membership: You will continue to have access to The Wall through the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial month membership periods. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up for membership using your account with a third party as a Payment Method and wish to cancel your Wall membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew.

If we end your membership: We may end your membership without notice if you commit a material breach of this agreement including, but not limited to, a breach of The Wall’s Rules, abusive or threatening behaviour or vandalism or other unlawful activity. We may cancel your membership with immediate effect if you have breached any terms and conditions of this agreement; or membership fees or other charges remain unpaid 7 days after the due date and such a breach is not remedied by you within seven days, after being notified by us. We may cancel your membership with immediate effect if we permanently cease operating, in these circumstances, we will consider providing a pro-rata refund for membership fees already paid in respect of any period after the cancellation date.

Injury, holidays, moving home, not showing up etc: When you take out any form of membership plan at The Wall, including: monthly subscription membership; prepaid membership for 1, 3 or 12 months; and prepaid punch cards, then you acknowledge, confirm and accept that you are not entitled to freeze, pause or seek refunds or discounts for any period during the term of your membership where you are unable to use The Wall. All prepaid memberships are provided at a discount on the normal day use rate and you understand this when you sign up or pay for your membership. If you cannot commit to a period of membership then you should not do so and continue to pay for and use The Wall as a day user.

Group bookings, courses, and events

Prepaid courses, classes and events: If you wish to cancel your attendance at a class, course or event which you have already paid for and are booked on to, then you must tell us at least 48 hours before the advertised start time. You will receive a refund for any course cancelled as set out above. If you do not give us sufficient notice you will lose any fees paid although we will try and avoid this, if possible, by booking you onto another similar course. We will refund you if we cancel a course and provide you with as much notice as possible.

Group bookings & kids birthday parties: All group bookings must be confirmed by either full payment in advance or at least 50% deposit. If you wish to cancel a course which you have already paid for and are booked on to, then you must tell us at least 48 hours before the advertised start time. You will receive a refund of any payment for any course cancelled as set out above. If you do not give us sufficient notice you will lose any payments made. We will refund you if we cancel a course and provide you with as much notice as possible.

School bookings: Schools who book to use The Wall will either be invoiced monthly or will be required to make payment prior to attending The Wall. School’s must confirm the number of students attending The Wall at least 48 hours before they are due to arrive. School’s will be invoiced for the number of students they have booked for and not the students who show up on the day. If there are students who are additional to any booking, they may not be able to climb if we do not have enough instructors rostered. If we can facilitate additional students, then the school will be invoiced for the extra pupils who did not form part of any original booking.

Our courses & events: We run lots of courses at The Wall for all levels and abilities. Some courses are free to members and others are not. We will also host events and competitions at The Wall. We will clearly indicate where a course or event is run by us. Where this is the case, we will employ or contract with the people running the course or organising the event. Any fees for the course will be paid to us and we will be responsible for any cancellations or complaints.

Other courses & events: We often allow other people to run courses at The Wall which we feel would benefit our members. These include courses by well-known climbers, local and international heroes, yoga teachers and strength trainers to name a few. Unless stated otherwise, all these people operate at The Wall on a self-employed basis. This means that any service they provide to you constitutes a contract between the particular individual and you rather than The Wall. We accept no responsibility for breach of contract (for example if they don’t show up or deliver something different then advertised) or negligence caused by one of these people.

Advertisements: The Wall does not allow any person to advertise their goods or services at The Wall. Any person or company, who wishes to advertise their services or products, or run a course or event, including outdoor instructors, yoga teachers, fitness providers and health professionals (physio’s etc), must talk with us first and receive prior written confirmation that they are able to advertise. A member who advertises their services, products or events without prior consent may have their membership cancelled.

Personal information

What we use it for: When you use The Wall we collect certain personal information about you including sensitive personal details, your photo, financial details and information about your health. We will use this information for managing your membership and communicating with you about your membership or any changes to this agreement. We will not pass it on to third parties without your consent unless we are required to pass it on by law.

Not for marketing: We will not use your personal information to send you marketing junk because we think most people would prefer to be left in peace. If you want to know about events or news you can follow us online or talk to us.

Photos of you: We like to promote ourselves by showing people what bouldering is all about (climbing, falling, dynoing, having the craic, getting psyched etc). Unless you tell us otherwise, by climbing at The Wall and participating in events, courses and competitions we run, or courses self employed people run at The Wall, then you confirm and agree that we may take photographs of our facilities, which may include you, for press and promotional purposes including use online.

Your consent: Unless you inform us otherwise in writing, then you agree that The Wall may collect, use and process and disclose your personal information as described above.

General nitty gritty

Unexpected things: Sometimes, no matter how well prepared we are, things may happen which are beyond our reasonable control. These include, but are not limited to, strikes, lock-outs or other industrial disputes (whether involving The Wall or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, pandemic, public health emergency, flood, storm or default of suppliers, subcontractors or landlord. If any of the above occur then The Wall will not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result. And you agree that if we are prevented from providing access to The Wall for more than 90 days, we may have the right to terminate our agreement with you immediately by giving written notice to you.

No waiver: Our failure to enforce any of our rights at any time, for any period and for whatever reason, will not be construed as a waiver of our rights. Any failure by us to identify or act upon your breach of the terms of this agreement will not be an affirmation by us that your behaviour is acceptable.

Notices: We may email or text you at the details you have provided and this will constitute valid notice once we receive confirmation of delivery. We may also send notices to be delivered by hand or sent by recorded delivery. You may provide notice by email to [email protected] providing your name and date of birth together with an accurate description of what the notice relates to.

Severance: Where a provision of this agreement is deemed to be invalid or unenforceable, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.

Assignment: We may assign or transfer the benefit of this agreement and our obligations under it, to any other legal entity at any time without notice to you.

Changes: We reserve the right to amend or omit parts of this agreement without notice to you. However, we will endeavour to notify you of significant changes where possible.

Entire agreement: This agreement, together with The Wall’s Rules, Waiver and any forms you filled out and signed when you visited us represent the entire agreement between you and us.

Irish law: This agreement will be governed by Irish law and the Irish courts will have exclusive jurisdiction to deal with any disputes arising in relation to it.

The end: Congratulations you read it all, that’s it!