Terms and Conditions

CLIMB FOR A CAUSE TERMS & CONDITIONS

The following are the terms of trade of Feliz Puente Pty Ltd ABN 79 625 999 877 (“BridgeClimb Sydney”).  These conditions apply to bookings made through the Climb for a Cause Event website for BridgeClimb’s charity climb day on Sunday, 1 May 2022.

BridgeClimb Sydney is the seller of all climbs over the Sydney Harbour Bridge (“Climbs”), all gift certificates for Climbs (“Gift Certificates”) and other ancillary items, including but not limited to photographs, videos, merchandise, food and beverages. All dealings with BridgeClimb Sydney will be on these Terms of Trade (“Terms”) unless otherwise agreed in writing by BridgeClimb Sydney. These Terms are also subject to revision and change without notice.  

These Terms, along with the Climber Declaration and Disclaimer Form and all health and safety information provided to persons who take part in Climbs (“Climbers”) comprise the Agreement between BridgeClimb Sydney and the Climber or any other person acquiring a product or service from BridgeClimb Sydney.

1. CLIMB

BridgeClimb Sydney reserves the right to add, withdraw, substitute and/or vary advertised routes and departure times (“Arrangements”) for Climbs without notice for reasons of safety, health, security or as a result of or due to restricted access as required by any commonwealth, state, territorial or local government agency or body (including, any transport, road or maritime authority in New South Wales) (“Government Agency”), or any matters out of the reasonable control of BridgeClimb Sydney. However, reasonable endeavours will be made to maintain Arrangements as advertised.

2. CHECK-IN FOR A CLIMB

All Climbers climbing on the Sydney Harbour Bridge (“Bridge”) are required to arrive and ‘check-in’ at BridgeClimb Sydney’s premises at least 15 minutes prior to the advised departure time as per Climber’s voucher or confirmation advice (“Proof of Purchase”). Subject to clause 9.1, failure to arrive by this time may result in non-admittance to a Climb at BridgeClimb Sydney’s discretion, without refund.

3. REQUIREMENTS TO PARTICIPATE

3.1 Climbers must hold a valid Proof of Purchase. Entry may be refused if the Proof of Purchase is damaged or defaced in any way or not purchased from an authorised point of sale. Should a dispute arise over the validity of a Proof of Purchase, BridgeClimb Sydney reserves the right to refuse participation in a Climb unless Climber is able to show proof of their identity.

3.2 Climbers must be 8 years of age or over, be at least 120cm, be of sound mind and be in good health. Climbers may be required to undergo a test to assess whether they are capable of completing a Climb. Every three Climbers between the ages of 8 and 15 inclusive climbing together must be accompanied by one paying adult Climber.

3.3 Prior to entering the BridgeClimb premises all persons including Climbers may be required to undergo a health assessment including, but not limited to, a temperature check.  Any person displaying flu like symptoms, including a fever, cough or runny nose, may be refused entry by BridgeClimb Sydney (in its discretion). 

3.4 Before purchasing a Climb, all Climbers must carefully read the Climber Declaration and Disclaimer Form (the ‘Form”) and before participating indicate their agreement to the matters set out in the Form by signing where indicated. If the Climber does not agree with any of the matters set out in this Agreement (including in the Form), that Climber must not purchase a Climb. If the Climber is under the age of 18 years and does not have the understanding necessary to sign the Form, the Climber’s legal parent or guardian must sign the Form on behalf of the Climber.

3.5 BridgeClimb Sydney will perform a breath test on Climbers and may observe Climbers to ensure they are not under the influence of drugs (legal or illegal). Climbers will be refused participation in a Climb, without refund, if their blood alcohol concentration is 0.05% or greater, if they refuse to be breath tested or if BridgeClimb Sydney considers that they may be under the influence of drugs.

3.6 Smoking is not permitted on BridgeClimb Sydney’s premises or on the Bridge.

4. BRIDGECLIMB SYDNEY’S ABILITY TO REFUSE PARTICIPATION

4.1 BridgeClimb Sydney may refuse participation in a Climb, if in BridgeClimb Sydney’s reasonable opinion the Climb or the participation of the Climber in the Climb may adversely affect the health, safety or security of BridgeClimb Sydney employees, agents, contractors and subcontractors (BridgeClimb Sydney Personnel), the Climber, other Climbers or the Bridge itself. At BridgeClimb Sydney’s discretion, the Climber will be either be rescheduled, issued with a credit voucher or reimbursed for the price of the Climb less administration and change fees, if a person is refused participation in a Climb for any reason other than by reason of breach of clause 2 above and 5.4 below.

5. DURING A CLIMB

5.1 BridgeClimb Sydney will supply Climbers with equipment for use during a Climb. Use of this equipment is mandatory.

5.2 Climbers may take their own standard glasses (sun or prescription) on a Climb, at their own risk, provided that these glasses are securely attached using a BridgeClimb Sydney glasses lanyard and do not have any photographic or electronic devices included in their structure. At BridgeClimb Sydney’s discretion, potentially essential medication (e.g. asthma inhalers or other medication) may be taken on a Climb. While this will be done in secure manner by BridgeClimb Sydney Personnel, neither BridgeClimb Sydney nor BridgeClimb Sydney Personnel shall be responsible for the medication or the administering thereof. The Climber must not take part in the Climb if he or she has reason to believe that they will or are likely to require medication or the administration of medicines or medical assistance at any point during the Climb.

5.3 Other than as set out in clause 5.1 and 5.2 above, Climbers are not permitted to take any items onto the Bridge (including but not limited to items such as cameras, videos, audio, pagers, mobile phones, handbags, satchels, wallets, watches, fitness trackers and any other personal items or effects) and must remove these items prior to undertaking the Climb. Climbers will be provided with a locker for storage of personal belongings. To ensure that unauthorised items are not carried on to the Bridge, Climbers may be required to pass through a metal objects screening system prior to undertaking the Climb, and BridgeClimb Sydney (in its discretion) may refuse a Climber’s participation in a Climb if a Climber is unwilling to remove any unauthorised items set out in this clause.

5.4 All Climbers must obey the directions and instructions of BridgeClimb Sydney Personnel, and must not act disruptively or disturb other Climbers or interfere with a BridgeClimb Sydney Personnel’s ability to conduct any part of the Climb process in a safe and secure manner (including abiding by any social distancing requirements imposed by BridgeClimb Sydney) and must not damage, deface or remove any part of the Bridge or any of the equipment supplied for use on a Climb. Disruptive behaviour includes making any jokes or flippant remarks about security. BridgeClimb Sydney retains the right to remove from a Climb any Climber who does not comply with these terms, without refund.

6. PHOTOGRAPHS AND OTHER IMAGE OR SOUND CAPTURE DEVICES

6.1 Photographs obtained from BridgeClimb Sydney remain copyright to BridgeClimb Sydney and may only be used or reproduced by the purchaser or recipient for private or domestic purposes and must not be used for any commercial purpose, including promotion of any supplier or any supplier’s products or services, without BridgeClimb Sydney’s prior written permission.

6.2 Climbers agree that BridgeClimb Sydney and its authorised sub-contractors have the authority to use and reproduce any photograph taken of Climber for any disclosed purpose including display and purchase by or on behalf of Climbers, without prior notice or payment of compensation to Climber.

6.3 Cameras and other image or sound capture devices are not permitted on the Bridge unless supplied by BridgeClimb Sydney.

6.4 Climber agrees that BridgeClimb Sydney may inspect bags, containers or any other items brought onto BridgeClimb Sydney’s premises. Climber also agrees that if an unauthorised image or sound capture device is taken onto the Bridge then BridgeClimb Sydney may remove or delete any images, sound or any other material from the device that pertains to the Bridge or BridgeClimb Sydney.

7. TERMS OF PAYMENT

7.1 Subject to clause 9.1, the purchase of a Climb for a Cause Event Climb is non-transferable. Climb for a Cause Climbs, rights or entitlements to Climbs, or to purchase Climb for a Cause Climbs must not be offered as paid prizes, offered for sale or resale, or resold or used for any commercial purpose (including without limitation promotion of any supplier or any supplier’s products or services) without BridgeClimb Sydney’s prior written consent. If BridgeClimb Sydney reasonably believes that these activities have occurred without such consent, the holder of a reservation may be refused participation in a Climb, without payment of any compensation.

7.2 Climb for a Cause Event Climb times reserved can be changed by the Climber for alternative times on the Climb for a Cause event day, if other times are available for the day, with no fee, all requested changes must be received by 72 hours before the climb.  A climber can change to an alternative available date provided they provide 7 days’ notice, but must pay the difference in ticket price plus related change fees -Changes requested for a different day can only be made 7 days prior to the climb date and will incur a $30 change fee per booking. Climbers can reassign their booking up to 72 hours before and will incur a $30 change fee, changes requested after this time may be able to be accommodated however BridgeClimb cannot guarantee the reassignment. BridgeClimb Sydney reserves the right to charge a rebooking fee and an administrative fee for other requested changes where permitted by BridgeClimb Sydney. The applicable rebooking fee and administrative fee can be obtained by contacting BridgeClimb Sydney on 02-8274 7777.

7.3 All Climbs must be paid for at the time of making the reservation unless otherwise agreed by BridgeClimb Sydney in advance.  

7.4 Once a climb team has been established and paid for, additional tickets to be added to a climb team must be purchased as individual tickets at the cost of $198 per ticket.  Only initial group bookings (of 5-9 people or 10+ people) are eligible for the lower price tickets listed on https://climbforacause.bridgeclimb.com/.

7.5 Depending on the payment method used when booking, a transaction fee of 3% may apply. The surcharge applies to all bookings using the following payment methods; AMEX, VISA, MasterCard, PayPal, GooglePay, Alipay and ApplePay.

8. CANCELLATION AND REFUNDS

8.1 Climbs will not proceed if BridgeClimb Sydney decides in its absolute discretion, whether for health, safety or security reasons or other reasonable reasons, including but not limited to restrictions on occupancy and/or movement imposed by a Government Agency (including social distancing requirements), to cancel a Climb.

8.2 Should a Climb not proceed then Climbers will be re-scheduled at their convenience or be issued with a credit voucher, or be reimbursed the price paid for a Climb, but otherwise shall have no claim whatsoever (including no claim for travel expenses or any other out of pocket expenses) relating to the cancellation of a Climb.

8.3 Cancellations up to 14 days before the climb date will incur a $25 fee per adult ticket, cancellations within 13 days to 7 days will incur a 25% cancellation fee per booking and cancellations within 7 days are not permitted.

9. BRIDGECLIMB SYDNEY'S LIABILITY

9.1 Nothing in these Terms excludes, limits or modifies any condition, guarantee, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, limited or modified. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances. Subject to the last sentence, express or implied guarantees, representations, conditions, warranties and other provisions relating to these Terms, or provision of products and services as contemplated by these Terms, are excluded from these Terms to the maximum extent permitted by law.

9.2 If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms under the Australian Consumer Law or any other applicable legislation and cannot be excluded
(a “Non-Excludable Provision”), and BridgeClimb is able to limit remedy for a breach of that Non-Excludable Provision, then the liability of BridgeClimb for breach of that Non-Excludable Provision is limited to one or more of the following at BridgeClimb’s election: in the case of products, to: replacement of the products or supply of equivalent products, repair of the products; payment of the cost of replacing the products or of acquiring equivalent products; or payment of the cost of having the goods repaired; and in the case of services, to: supply of the services again; or payment of the cost of having the services supplied again. This clause 9.2 is subject to clause 9.4.

9.3 The Climber acknowledges that the Climb is a recreational activity that involves an element of risk and BridgeClimb Sydney, any transport, road or maritime Government Agency or authority in New South Wales and any reseller of BridgeClimb products (Service Providers), therefore cannot guarantee the Climber’s health and safety. These risks include the risk of physical injury or death, the inducement or exacerbation of medical conditions, mental harm or distress, and damage to their property. The Climber acknowledges that his/her health, ability and conduct will affect such risks.

9.4 Section 139A of the Competition and Consumer Act 2010 (Cth) in certain circumstances permits a term of a contract for the supply to a consumer of recreational services to exclude liability of the supplier pursuant to sections 60 to 63 of the Australian Consumer Law for death or personal injury in relation to that supply. To the extent permitted by section 139A, BridgeClimb excludes all liability for death or personal injury in relation to supply of recreational services.

9.5 Subject to sections 9.1, 9.2 and 9.6:
(a) to the extent the Climb is a “recreational activity”, “recreational service” or the like under any applicable law, the Service Providers (and their respective directors, employees, agents, sub-contractors, associates and assignees) (the “Relevant Persons”) exclude all:
(i) liability under any applicable statutory guarantees (including but not limited to guarantees
under the Australian Consumer Law);
(ii) express or implied warranties and conditions, including without limitation that the Climb will
be provided with reasonable care and skill.
(b) The Climber, and (where Climber is under the age of 18 years and does not have the understanding necessary to sign the Form) the legal parent or guardian signing this Agreement on behalf of the Climber, absolutely, unconditionally and irrevocably releases and indemnifies the Relevant Persons from and against all action, proceedings, claims, demands, costs, losses, damages and expenses suffered or incurred by the Relevant Persons arising out of or in connection with any participation in the Climb.
(c) the Relevant Persons will not be liable for any costs, losses, damages and expenses that may be suffered or incurred in connection with the Climber’s participation in the Climb or their presence on the Bridge; and
(d) this Agreement may be pleaded by any of the Relevant Persons in bar to any actions, proceedings, claims, demands arising out of or in connection with the Climber’s participation in the Climb or presence on the Bridge.

9.6 Nothing in this section 9 above limits or excludes the liability of the Relevant Persons for any costs, losses, damages or expenses to the extent arising as a result of fraudulent or reckless conduct of the Relevant Persons, nor any liability of the Relevant Persons that cannot be excluded under applicable law.

10. FUNDRAISING


10.1 Each individual aims to raise a minimum total of $500 for Black Dog Institute. This money is donated on-line by your sponsors and supporters and is non-refundable in case a team member or whole team withdraws from the event. All on-line donations will be issued with a tax deductable receipt by email.

10.2 You give permission to both BridgeClimb and Black Dog Institute to have your team name displayed on the Climb for a Cause Fundraising Leader board.

10.3 You agree to have your personal details passed on to the charity during the registration process, for the purpose of fundraising.

10.4 Any fundraising activity undertaken by a third party to raise funds for the Black Dog Institute will be conducted by that individual or group/committee and is the sole responsibility of the person/s making the application to the Black Dog Institute.

10.5 The Black Dog Institute reserves the right to refuse approval of any proposed fundraising activity deemed to be unacceptable or non-aligned with the Black Dog brand.

10.6 The Black Dog Institute is not responsible for any expenses incurred by you in undertaking your fundraising activities. The person/parties authorised to fundraise are responsible for payment of all expenses in relation to the agreed fundraising activity.

10.7 The Black Dog Institute accepts no responsibility for any accidents or incidents that occur during the organisation or running of the approved fundraising activity. You indemnify Black Dog Institute in any insurance you undertake in relation to your activity.

10.8 It is the responsibility of the person/parties authorised to undertake the fundraising activity to gain any licences or approvals to operate their fundraising activity from relevant local and state authorities (e.g. Councils). Any person/party who undertakes a fundraising activity on behalf of a registered charity without authorisation by that charity is acting outside of the law and can be prosecuted.

10.9 Black Dog Institute reserve the right to refuse, or cancel at any time the granting of an Authority to Fundraise if we believe it is not in the best interests of the individual, the community or the Black Dog Institute.

11. FUNDRAISING AWARDS

11.1 Prizes may be awarded to the top fundraising teams. All donations must be received by midnight on the Climb for a Cause Event Day to be counted towards the team's final total

11.2 The top fundraising teams will be notified by phone and email.

11.3 Prizes awarded to top fundraising teams are not transferable, exchangeable or redeemable for cash. If your prize item is unavailable, BridgeClimb reserve the right to substitute a prize item of equal value.

11.4 If a top fundraising team is ineligible to receive a prize, the next eligible team will be awarded.

11.5 Employees and the immediate families of BridgeClimb and Black Dog Institute are not eligible to receive fundraising prizes.

12. CHANGES TO TERMS AND CONDITIONS

All Terms and Conditions stated are subject to change without notice.

13. GOVERNING LAW

This Agreement is governed by the laws of New South Wales, Australia. BridgeClimb Sydney and each purchaser and Climber submit to the non-exclusive jurisdiction of the Courts of New South Wales and the Commonwealth of Australia in respect of this Agreement and any dispute between them.

Feliz Puente Pty Ltd ABN 79 625 999 877 trading as BridgeClimb® Sydney
BridgeClimb® is the Registered Trade Mark of Transport for NSW

 

BRIDGECLIMB PRIVACY POLICY

Feliz Puente Pty Ltd (ACN 625 999 877) trading as “BridgeClimb” is committed to managing personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth) and in accordance with other applicable privacy laws. Feliz Puente Pty Ltd is a subsidiary of Hammons Holdings Pty Ltd. 

Please read our full privacy policy here

Contact details - If you have further queries about our Privacy Policy or the use of personal information by BridgeClimb, please do not hesitate to contact us by: