Hong Kong Commerce Council finds bouldering gyms trying to absolve consumer liability

The Hong Kong Commerce Council has shared the results of a survey that found seven out of 10 of the administrative region’s bouldering gyms appear to be attempting to absolve themselves of liability for customer injuries through disclaimers.

Noting that in the wake of the introduction of sport climbing to the Olympics at the 2020 Tokyo Games “Bouldering is also getting more popular in Hong Kong in recent years, attracting many consumers, especially younger ones”, a media release from the Commerce Council last week advised “(following) frequent enquiries from consumers about the safety and protection of participants at indoor bouldering gyms, the Consumer Council arranged for staff to survey 10 such establishments as mystery customers.”

It then went on to report that “upon reviewing the waivers/disclaimers requiring consumers’ signature, the Council found that most clauses had cumbersome wordings that might generally be too difficult for consumers to fully comprehend, whereas the scope of exemptions was too broad, thus consumer disputes may easily arise in the event of accidents.

“Furthermore, 70% of the surveyed gyms only provided an English version of the waivers/disclaimers, and venue staff did not even clarify to consumers that the document they were signing was a waiver/disclaimer.

“Even when disclaimers in bilingual format could be provided upon request, discrepancies were found between the bilingual and English versions.”

The Council also found that 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 three that provided disclaimers in Chinese and English were Just Climb in Tuen Mun, Project-Climb and Boulder in Kowloon Bay and The Player Climbingym in Mei Foo.

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.

Noting that “the main difference between bouldering and other types of rock climbing is that neither safety ropes nor protective equipment is used, and participants require only comfortable clothing and suitable climbing shoes, while no qualifications are needed for using a bouldering gym”, the Council’s mystery shoppers visited each gym three times as part of the survey.

According to the Commerce Council’s observations, all 10 venues they visited offered beginner classes with costs ranging from HK$228 (US$29) to HK$458. The 45-minute to one-hour sessions included an introduction to the sport, basic etiquette and climbing and falling techniques.

However, only four venues strongly recommended novices take the beginner class. The other six allowed trialists to buy tickets and use the gym on their own after a briefing on basic bouldering techniques and a demonstration of safe falling.

Despite the limitations, the Council said all gyms had instructors on-site, and staff were also readily available to answer questions and provide help. It added some instructors would warn participants when they were making dangerous moves.

As for third party liability insurance, seven out of 10 bouldering gyms indicated that they had taken out third party liability insurance with coverage ranging from $500,000 to $20 million, while one claimed to be still in discussion with insurers. The remaining two gyms did not respond. The Council reminds the operators of the need to regularly review the insurance terms and coverage in order to provide comprehensive protection for consumers.

As a result of its survey, the Council stated that “bouldering gym operators should explain disclaimers in detail and the risks involved in the sport”, adding that a business could not rely on such disclaimers to absolve or limit its liability for injury or death of a consumer that arose from its negligence under the Control of Exemption Clauses Ordinance.

It also called “on these premises to provide clearer and more comprehensible waivers/disclaimers, and to take the initiative to explain the content to customers, whereas consumers are advised to protect their own rights by scrutinising and understanding the details before signing any document.”

It went on to conclude “while the Council encourages the public to exercise more to keep fit and healthy, consumers are reminded to receive proper training before participating in a new sport”, adding the that consumers should bear the following in mind:

It went on to conclude “while the Council encourages the public to exercise more to keep fit and healthy, consumers are reminded to receive proper training before participating in a new sport”, adding the that consumers should bear the following in mind:

• Read all documents carefully and understand terms and conditions before signing. They should also retain a copy of the documents as supporting evidence in case of dispute;

• Bouldering poses certain danger to novices. First-timers are recommended to take a beginner’s class to build up their bouldering skills under instructor guidance, and to learn proper falling techniques and basic bouldering etiquette to prevent injuries to themselves and others due to exerting wrongly or dangerous movements. They should also enquire about the language of instruction before signing up;

• Warm up thoroughly before bouldering, wear light sportswear and refrain from wearing accessories, including rings, necklaces, watches, etc.;

• Observe the climbing path carefully before execution to ensure no overlap with that of other participants. Check if immediate surroundings are safe before falling, and try controlled descent to closer to the ground before falling;

• In case of doubt about the route, facilities, or equipment during the climb, immediately seek help from the staff;

• Some venues do not offer storage with locks, so avoid bringing valuables to prevent loss of property.

Click here to view the Commerce Council full release.

Image credit: Hong Kong Commerce Council.