Problem
Melanie is an enthusiastic rock climber and is keen to practise. She has found an indoor rock climbing centre, Cliff Climb, and is excited to try out their impressive facilities. When Melanie arrives at the centre, she is asked to sign a form, which has the following statement above the space for her signature: Read Conditions of Climbing (overleaf) prior to signing." Melanie did not read the Conditions of Climbing before signing the form. While climbing, Melanie falls and breaks her shoulder. Her fall was caused by another climber who panicked and grabbed on to Melanie, causing her to lose balance and fall. When Melanie tries to ask for a refund for her session and reimbursement of her medical expenses, Cliff Climb refers Melanie to the clause on the back of the form which states:
"Cliff Climb will not be liable to any person whether in contract, tort, under statute or otherwise for any injury, loss, damage, death, or economic loss, whatsoever suffered by you by participating in the rock climbing activity, whether resulting from your actions or the action, omission or negligence of others."
Can Cliff Climb rely on the statement on the form to avoid liability?