Rocky start for beginners as Hong Kong’s bouldering gyms try to absolve themselves of liability for injuries or death, watchdog finds
- Seven out of 10 gyms only provide English waivers and did not tell consumers the document was a disclaimer, according to consumer watchdog
- Participant says instructions may not be detailed enough and there are too many climbers for coaches to take care of everyone
Some of Hong Kong’s flourishing indoor bouldering gyms have tried to absolve themselves of liability for customer injuries or even death through disclaimers, the city’s Consumer Council has found, as it urged operators to clearly explain the risks.
After looking at 10 of the city’s indoor bouldering gyms, where people climb artificial rock formations without ropes, the watchdog found all of them required customers to fill in a “waiver of rights” or “disclaimer” before entering the venue, which primarily sought to exempt the establishment and its staff from accountability for any accidents.
Seven gyms attempted to impose exclusion of liability for customers’ injuries and death in their disclaimers and required consumers to bear their risks.
When council members visited each gym three times pretending to be patrons, they discovered seven venues only provided an English version of the waivers and did not tell consumers the document was a disclaimer.
“Bouldering gym operators should explain disclaimers in detail and the risks involved in the sport,” the watchdog said, 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.