Access and permission to climb at the designated areas on the King’s estate on Eua Island is a privilege not a right.
The following Waiver has been developed in conjunction with the King’s office and local authorities to clarify liability and the behaviour expected from visiting climbers. All climbers must read and agree to these terms before undertaking any climbing or related activities on ‘Eua Island.
- Inherent risks: Climbing and climbing related activities are inherently dangerous and may result in serious injury, permanent and catastrophic disability or death.
- My safety: I am responsible for my own safety at all times. I warrant that I have relevant prior experience, knowledge and skills to undertake this climbing and climbing related activities.
- No reliance on information: Information made available to me directly or indirectly by any other person about climbing and climbing related activities at Eua Island (including without limitation information as to the quality, nature, safety or difficulty of any rock climb or climbing area) may not be accurate, complete or fit for any purpose and I warrant that I will not rely it for my own safety.
- Fixed anchors: Fixed equipment (such as bolts or abseil anchors) installed at the climbing areas at Eua Island are not guaranteed to hold falling or abseiling climbers. I warrant that I will assess the safety of fixed anchors before using them.
- No assistance: There is no guarantee that any other person will be able to assist me with any climb, climbing related activity, any accident or medical event or any rescue.
- Waiver, indemnity: To the fullest extent permitted by law, I waive all legal rights against, and fully release and agree to indemnify, the Tongan government, all landowner(s) and/or land manager(s) on whose land I undertake climbing activities at Eua Island and all climb equippers, developer’s, guidebook authors or promoters (the Indemnified Parties), for any losses or claims for damages or other compensation however arising out of, or in relation to, my undertaking any climbing or climbing related activities at Eua Island. This waiver, release and indemnity applies regardless of any negligent or tortuous act or omission, breach of duty, breach of contract, breach of statutory duty or breach of any consumer law implied warranties on the part of the Indemnified Parties.
- Binding on others: This waiver, release and indemnity binds me as well as anyone acting on my behalf including any guardian, executor, beneficiaries or dependents.