General Terms and Conditions
Article 1: Purpose
Kivi climbing OÜ (hereinafter “us” or “we”), the service provider, aims to promote health, friendship, fitness life, and climbing by using our facilities (activity: climbing) to our members (a person who has registered for membership).
Article 2: Membership
1. Our gym is open to members only except the cases as provided in Article 9.
2. Visitors who wish to use our facility must register for membership.
3. When using a facility, a member must present their identification document to our staff or our entrance system.
Article 3: Requirement for membership
Visitors who wish to use our facility must:
1. Agree to comply with the rules of Kivi Climbing gym with regards to use of the facilities, opening hours and your conduct;
2. Be in good health to use our facilities;
3. Be informed in advance about the risks and be received enough information about the activity;
4. Be capable to think about your own health and skills for the sport;
5. Know that the sport involves the risk of getting hurt, accidents, and even the possibility of fatality;
6. Be aware of the risks involved in climbing and hereby state to release the service provider and its representatives of all liability considering their own health and well-being, also in the case of fatality;
7. Release the service provider and its representatives from responsibilities for accidents that may happen when the member is coming and going to the facilities, the training itself, and possible after-effects that may be caused by climbing itself;
Article 4: Registration for membership
1. Visitors shall register for membership via our online registration platform. A user becomes a member when the registration is completed.
2. Members shall present their identification document when our staff asks for it. If the member refuses to present it, they may be prohibited from using our facilities.
3. When minors register for membership, unless we approve, the consent from their parents or their legal guardians must be submitted. The parents or guardians shall be jointly responsible as a member of our facility whether he/she is a member or not.
Article 5: Contents of registration information
1. Members must ensure that the contents stated in the application form are accurate.
2. When there is a change, members must inform us promptly.
Article 6: Personal data
Article 7: Facility usage fee
1. Facility usage fees including different types of the membership fees and entrance fees, etc. shall be provided separately.
2. Members shall make a payment by the deadline by the way we specified.
Article 8: Inheritance and transfer of membership
Membership including benefits cannot be given or transferred to anyone else and used by anyone else.
Article 9: Facility usage by non-members
When we approve, it is possible for non-members to use our facilities. In this case, these terms and conditions apply to them.
Article 10: Compliance with our rules
Members must comply with our rules and follow our staff’s instructions.
Article 11: Rules
In our facility, Members shall:
1. Not run, not shout;
2. Remove all extra items from your pockets and accessories from your body;
3. Not climb over the bouldering walls;
4. Be careful not to fall on anybody, not to let anybody fall on you;
5. Get used to falling on the bouldering mats;
6. Climb down before jumping down;
7. Not climb the walls if there are objects you might fall on;
8. Not climb when artificial holds are spinning;
9. Not climb if you are under the influence (of alcohol, drugs, any medicine which influence coordination, etc) ;
10. Not damage our facilities, equipment or take out our equipment;
11. Not harass other members or our staff;
12. Not violate laws;
13. Not bring dangerous good or weapon into our facilities;
14. Not engage in sales of goods, business activities, solicitation activities, political activities;
15. Not let non-members use your membership or its benefits;
Article 12: Liabilities
We shall not be liable for any damage incurred by members during the use of our facilities unless we have been careless and deliberately cause damage by our actions.
Article 13: Responsibility for personal belongings
1. We shall not keep members’ personal belongings. Members shall be responsible for their belongings.
2. We shall not be liable to compensate members for the loss or damage of any of their personal belongings.
3. We shall waive all rights to any objects left by members in our facility except:
b. Stuff whose value is clearly more than 100€;
c. Keys or such;
d. Mobile phones and such;
e. Identification documents;
f. Bank cards or credit cards;
h. Stuff which we can identify its owner.
Article 14: Liabilities of members
If a member causes damage to us, other members, or other third parties due to reasons at the member’s responsibility while using our facilities, the member shall be liable for such damages.
Article 15: Pausing membership
Some of our membership types have a pausing system. It is provided in the separate agreement.
Article 16: Terminating membership
When a member wishes to terminate the membership, the member shall complete the procedures provided by the service provider. The member shall be obligated to pay the service provider the necessary fees by the date of termination.
Article 17: Restrictions, prohibitions on the use of facilities, termination of contracts
1. We shall restrict or prohibit a member from using our facilities or immediately terminate the contract if the member falls under any of the followings:
a. When it is found that the member is not qualified as stipulated in Article 3;
b. When the member violates these terms and conditions or any other rules provided by the service provider;
c. When the member failed to pay fees for two consecutive months;
d. When the member is found to have a disease that causes symptoms such as muscle spasms, loss of consciousness or any other symptom which can cause trauma if happens while climbing;
e. When it is found that the member has a disease that may cause mass infection;
f. When it is found that the member is prohibited from doing sports activities by the doctor;
g. When the member violated the law;
2. We shall not be liable to compensate for any damages incurred by members due to the cancellation of the membership due to the reasons in this Article.
Article 18: Facility restrictions
A part of our facilities may not be available due to our operational activities.
Article 19: Amendments to these terms and conditions
In principle, we shall amend these terms and conditions by notifying members at least one month in advance, and the amendment shall be effective for all members.
Article 20: Announcing of amendments
The method of the announcement of these terms and conditions shall be posted on our website.