Camp5 Terms and Conditions

1. Terms and Conditions

The following terms and conditions govern the rights and obligations of Camp Five Group of Company’s including but not limited to Camp Five (M) Sdn Bhd, Camp Five Paradigm Sdn Bhd, Camp Five Utropolis Sdn Bhd, Camp Five Eco City Sdn Bhd, Camp Five Jumpa Sdn Bhd, Camp Five KL East Sdn Bhd, herein Camp5, The Company, The Gym and the Members (as defined herein) (and their Guests as applicable) and constitute a binding contract between the Company and the Members, (their Guests as applicable) and/or Guardians as the case may be, to the maximum extent allowed by law. The rules and regulations established by the Company in respect of the Gym as amended from time to time and all the terms and conditions stipulated herein and in the Membership Application Form and any forms, official notices and receipts issued by the Company pursuant hereto shall be taken, read and construed as an essential part of this Agreement. Should any part of this Agreement be deemed invalid, the remaining parts shall not be affected.

2. The Gym

The Camp5 Indoor Climbing Gym (the Gym) is operated by the Company, whose principal objective is to provide health and leisure facilities for Members and their Guests. The Company may at its sole discretion delegate to any person, committee, firm or company all or any power or authority in relation to the control and/or management of the Gym. The Company has appointed a Management team (the Management) who are responsible for the operation of the Gym in accordance with these Terms and Conditions as amended from time to time.

3. Membership

Members are persons who upon application to the Company, are permitted by the Company to enter, use and enjoy the facilities of the Gym in common with other persons subject to the terms and conditions herein and the rules and regulations of the Gym for the time being in force.
The Company reserves the right to reject an application for Membership to the Gym for any reason whatsoever.
Membership is personal to the Member and is non-assignable, non-transferable and non-refundable. A Member may not loan his/her Membership card to permit it to be used by anyone. The Company may assign the benefit of this Agreement to any person, firm or company at any time without notice to the Member.
Upon acceptance, the Member may be issued with a Membership card (which shall remain the property of the Company) and the Member shall be entitled to all the rights and privileges exercisable by the type and/or term of Membership for which his/her application has been accepted. If a Membership card is lost or mislaid, the Management will issue a replacement card upon payment of a replacement fee as determined by the Company. Any Member wishing to enter the Gym without a valid Membership card will only be admitted at the absolute discretion of the Company.
Description of Member Status
1. Active Member: A member who, upon receipt of payment has been granted access to the Gym for an agreed term, subject to the payment of membership fees and such charges as shall be determined by the Company, limited by the operation hours, and subject to the rules of the Gym for the time being in force.
2. Inactive Member: A member whose current term of membership expiry date has lapsed. An Inactive Member is denied access to all member areas of the Gym. All membership privileges are void while member status is inactive.
Description of Member (Skill) Level
1. Novice Climber: See GUESTS below.
2. Top Rope Climber: A member who possesses the prerequisite knowledge and skills required to climb safely on top-roped sport climbs as determined via the Application Questionnaire. A Top Rope member is permitted use of all top-roped wall and bouldering areas subject to the rules of the Gym and area availability. A Top Rope member may only engage in lead climbing activities if under the direct supervision of no less than 2 Lead Climber members.
3. Lead Climber: A member who possesses the prerequisite knowledge and skills necessary to climb safely on top-roped and lead sport climbs as determined via the Application Questionnaire. A Lead Climber member is permitted use of all lead walls in addition to top-roped wall and bouldering areas subject to the zone signages, Gym rules and area availability.
Membership Fees
1. All Membership fees, regardless of term, are to be prepaid in full or through Ezypay or Autopay bank service, in advance.
2. Membership fees may be increased at any time at the discretion of the Company with notice to the Members.
A Membership Application is required by any individual of age 15 year or older seeking to access to the Gym as a member or Guest and individuals under 15 years of age seeking independent gym access. In the case of minors (under 18 years of age), the express written consent, by way of signatory of Application Declaration, of a parent or guardian must be obtained before the Member can granted Gym access.
1. The Company reserves the right to introduce and vary the prices and categories of Membership and the rights thereof from time to time.
Privileges of Membership
1. The Company reserves the right to introduce, withdraw or amend the privileges and rights of the Members from time to time in accordance with the terms herein.
Freezing of Membership
1. Any request to freeze a membership term must be submitted to management in writing by the Member.
2. Approval for membership term freezing and period granted is at the discretion of the Company.
3. While frozen all membership privileges including access to Gym member areas are void.
Defaulting of Membership
1. A Member will be in default if he/she breaches any of these terms and conditions herein. If the Member is in default, Membership privileges may be terminated or suspended at the sole discretion of the Company.
2. A Member in default shall not be relieved of his/her obligation to make any payment of the Membership fees herein agreed to, and no deduction or allowance from any or said payments shall be made, by reason of the absence, withdrawal or termination of the Member from the Gym, or by reason of the Member’s failure to attend or use the Gym facilities.
Withdrawal of Membership
1. A Member may withdrawal their membership at any time.
2. Any request to withdraw membership term must be submitted to the Company in writing by the Member.
3. Written withdrawal requests will be immediately accepted effectively voiding all Members’ rights and privileges.

4. Guests and Hosts

A Guest is an applicant whom lacks the skills, age or ability required by the Company as a prerequisite to approval of independent Gym access, or for any reason, by the sole discretion of the Company, is only permitted access to the Gym under the supervision of an approved Member i.e. the Host.
A Host is an Active Member of age 18 years or older who has been approved independent access to the Gym.
A Host of a Guest of minor age (under 18 years) shall have obtained the expressed consent from the parent or legal guardian to act on behalf of and be responsible for the minor. The Company is under no obligation to verify parental consent.
A ratio limit of two (2) Guests per one (1) Host is applied. At the sole discretion of Management this ratio may be increased in respect to, age, ability and relationship of Guest and Host.
All Guests are required to complete the Membership Application Form.
If the Guest is aged 12 years or older a Guest Sign-in Form by be completed by both Guest and Host.
Guests aged 12 years or older will be issued with a Guest Tag which must be attached to the Guest’s harness at all times.
Guests are entitled to all rights and privileges exercisable by the type and/or term of Membership for which his/her application has been accepted and will be subject to the same Gym rules, Terms and Conditions, and limitations of liability as a Member.
The Host Member is fully responsible for the Guests conduct, acts, defaults, negligence or omission (whether wilful or not) and their observance of the rules and regulations of the Gym and shall be liable for and pay all charges incurred by their Guests in the Gym.
The Host must maintain direct supervision of his/her Guest(s) at all times whilst in the Climbing Zones (see Clause 11). By this condition at no time can the Host be belayed by their Guest.
The Company reserves the right to introduce or regulate the conditions and/or charges (if any) levied for Guest admittance.

5. Expulsion of Members or Guest

The Company may expel and/or terminate the Membership of any Member:
1. Without notice and with immediate effect if the Member’s conduct, whether or not such conduct is the subject of complaint by another Member or Members, is such that in the reasonable opinion of the Company, it may be injurious to the character or interests of the Company, the Gym and/or the rest of the Members.
2. Without notice and with immediate effect if the Member shall have committed any breach of these terms and conditions or of the rules and regulations of the Gym as are from time to time in force.
3. If any part of the Membership fees or any other sums due to the Company remain unpaid after the due date for payment.
4. If the Company is of the opinion that the Member is not a suitable individual for continued Membership of the Gym.
A Guest may be expelled or excluded from the Gym if in the opinion of the Company any of the circumstances in 5(a)(i) or (ii) apply. All decisions of the Company under this clause are final and binding.
A Member whose Membership is terminated by the Company shall forfeit all the privileges of Membership with immediate effect without claim for any refund of payments already made to the Company. On termination of his/her Membership, the Member shall return forthwith his/her Membership card and any other evidence or property of Membership provided to that Member by the Gym and shall settle any outstanding debts.

6. Limitation of Liability

The Member hereby confirms that he/she is fully aware that climbing and mountaineering are activities which contain elements of risks for injury or death. In consideration of the Company accepting his/her application for Membership of the Gym and continuing to grant access rights to the Member, the Member agrees and acknowledges the following:

The Member has had the opportunity to ask questions regarding activities, use of equipment and other related issues at the Gym and by submission of this Application agrees that any questions asked have been answered satisfactorily.
The Member understands climbing, training, instruction or any form of exercise, involves risks which may cause injuries that may result in death or serious disability. The Member understands that climbing is physically demanding and in susceptible people may cause panic, hyperventilation or heart attack. He/She voluntarily assumes the risk of injury or bodily harm.
The Member shall abide by all verbal and written notices regarding safety and/or conduct relating to participation. The Member agrees to use ONLY the sections of the climbing wall and equipment that he/she has been inducted on and/or is conversant with.
The Member shall to be personally responsible at all times for the safety of any Guest(s), non-climbing guests or children that he/she may bring to the Gym and has obtained the expressed consent from the parent or legal guardian, to act on behalf of and be responsible for, any minor who he/she is not already the parent or legal guardian of. Management is under no obligated to verify parental consent.
The Member is responsible for checking, ensuring and maintaining the safety and safe operating condition of any and all equipment he/she brings into the Gym with the intent to use. Management has the right to confiscate any Member’s gear or take measures to prevent the use of any equipment deemed unsafe or contrary to EN or UIAA standards.
The Member has been offered a protective helmet. The Member understands wearing a helmet does not eliminate the risk of injury but that in certain instances it can reduce the risk of permanent injury or death. The Member understands the Gym recommends wearing a helmet and that if he/she chooses not to do so it is against the Gym’s advice.
The Member confirms the questionnaire section of this declaration has been completed accurately to the best of his/her knowledge and agrees that the Company may impose restrictions on his/her use of the Gym facilities.
The Member shall indemnify and hold harmless the Company, its directors, officers, employees and agents, including its supervisors and instructors, against any and all losses, claims, damages or liabilities, joint or several, to which they may become subject under any statute or at common law or otherwise, insofar as such losses, claims, damages, liabilities, settlements, actions or proceedings are caused or contributed to by (a) any mishap or accident occurring in or related to the Gym (b) the use of the Gym by the Member or of his/her Guests (c) any act, omission, neglect, breach or default of the Member or his/her Guests (d) any breach or non-observance by the Member or his/her Guest of the covenants conditions or other provisions of this Agreement.
The Member hereby releases and discharges the Company, its directors, officers, employees and agents, including its supervisors and instructors from any kind of responsibility and all or any liability arising in case of a mishap or accident occurring during or related to the use of the Gym. The Member understands and agrees that any loss of personal belongings is not covered by the responsibility of the Company, its directors, officers, employees and agents, including its supervisors and instructors.

7. Physical Condition of Member

The Member warrants and represents that he/she is in good physical condition and that he/she knows of no medical or other reason why he/she is not capable of engaging in active or passive exercise and that such exercise would not be detrimental to his/her health, safety, comfort or physical condition.
The Member accepts his/her responsibility to inform Gym staff of any condition that may or may not be contrary to such activities. The Member acknowledges that regardless of any such information given the Company accepts no responsibility for their participation. The Member is responsible to seek medical consultation should they have any doubts regarding their physical/mental capabilities.
The Member shall not use any Gym facilities whilst suffering from any infections or contagious illness, disease or other ailment such as open cuts, abrasions, or open sores, where there is a risk that such use may be detrimental to the health, safety, comfort or physical condition of other Members.

8. Lockers

Personal lockers are available to all Gym Members for the purpose of temporary stowage of personal items.
Overnight stowage is strictly prohibited. The Company reserves the right to forcefully open any locker left overnight and accepts no responsibility for the loss of damage of the lock, or personal belongings found inside.
The Company accepts no responsibility for loss or damage to the contents of Members’ lockers for any reason whatsoever.
Members are recommended to use their own lock to secure the locker. Locks are available for rental. Rented locks remain the property of the Company and must be returned to the Rental Desk after use. In the event of loss of the rented a replacement fee shall be charged. Management provides Rental locks in good will and accepts no responsibility for the integrity of the lock.
The Company reserves the right to forcefully open and remove items from lockers if the Company deems that such items constitutes a nuisance to others, or is in breach of any national laws, regulations or policies, health or safety regulations or any insurance policies in place. The Company reserves the right to dispose of such items as it deems necessary. The Company may attempt to notify locker owner but is under no obligation to do so.

9. Rental Gear

The Member accepts items rented from the Gym on an “as is” basis and uses them at their own risk.
All rented gear must be checked out and checked back in by Gym staff at the rental desk prior to and upon completion of use.
Host Members are responsible for any items rented by their Guest(s).
Under no circumstances may rental gear be removed from the Gym premises.
The Member shall be responsible for the full replacement cost for items damaged or not returned.
All rental items must be paid for in advance.
Protective Helmets are provided by the Gym as a service to Members. Compulsory wearing of protective helmets is subject to Climbing Zone rules. Helmet stock is limited; the Gym is not responsible for the provision of Helmets.
The rental of gear is subject to availability. Management makes no guarantee of availability of rental items.

10. The Climbing Zones

Only gear intended for use in climbing activities is to be carried into Climbing Zones of the Gym, with the exception of a personal carry bag, towel and non-spillable water container.
All Climbing Zones are clearly indicated by signage and their protective padded/carpet floor.
Access to Climbing Zones is ONLY permitted to Active Members. Members are responsible for ensure that non-members do not accompany them into Climbing Zones.

11. General Rules

Lost property will be held for a period of 3 months after which the Company reserves the right to dispose of such items in any way it sees fit. No claims shall be entertained after this period.
The Company reserves the right to use any individual or group photographs of Members and/or Guests for press or promotional purposes.
The Gyms normal hours of operation are indicated at the Gym entrance. The Management reserves the right to adjust the hours for the purpose of cleaning, decorating, and repairs or for special private functions and holidays. The Management shall endeavour to give reasonable notice of any lengthening or shortening of such hours.
Save as otherwise provided in this Agreement, all payments made hereunder to the Company are non-refundable.
In any case where pursuant to these terms and conditions or to any rule or regulations made hereunder the doing or executing of any act matter or thing by the Member is dependent upon the consent or approval of the Company, such consent or approval may be given or withheld by the Company in its absolute discretion.
Members must conduct themselves in a quiet and well-mannered fashion so as to not cause disturbances to other Members and Guests. Prohibited activities include, but are not limited to; use the facilities of the Gym while under influence of alcohol, narcotics or other mood altering substances, lewd behaviour, use of foul, loud, or slanderous language, smoking or consumption of alcohol outside of designated zones, solicitation, photography or any film or audio recording without written permission of the Company.
Members must register themselves and their Guests at the reception desk when entering and leaving the Gym premises.
Damage to the Gym, its contents or any property of the Company shall be paid by the Member who wilfully or neglectfully causes such damage. A Member is responsible for damage incurred by his/her dependent or guest.
With the exception of rented equipment, under no circumstances shall Members move, remove, or reposition any items belonging to or provided by the Gym including but not limited to ropes, climbing holds, fixed or temporary protection.
Members and Guests are required to wear proper Gym attire when exercising. A top is required that covers the chest area; no torn clothing items are permitted.
No outside food or drink is to be carried into or consumed in the Gym. Chewing gum and confectionery are strictly prohibited.
In addition to these terms and conditions of Membership the Member agrees to abide by the Signages and Gym Rules as outlined by Management and amended from time to time.
The failure of the Management or the Company to enforce any of their respective rights at any time for any period shall not be construed as a waiver of such rights.
The Company may at its sole discretion amend, vary, delete or add to these terms and conditions or any rules and regulations with immediate effect. Members will be advised of any changes by notification on the Gym notice board.
Any dispute or difference which may arise as to the meaning or interpretation of these terms and conditions or any regulations and/or rules made hereunder shall be determined by the Company, whose decision shall be final and binding upon all Members and persons using and enjoying the facilities of the Gym.
These rules shall be governed and constructed in accordance with the laws of Malaysia and the parties submit to the exclusive jurisdiction of the Courts of Malaysia.