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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.

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“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.

Bouldering is a form of free climbing performed on small rocks without ropes or harnesses. The indoor version, which requires only artificial rock formations and a relatively small gym space, has gained popularity in the city.

But the peak did not start until it made its Olympic debut at the Summer Olympics in Tokyo as a discipline under sport climbing in 2020.

Alison Deng, 23, who paid regular visits to bouldering gyms in Hong Kong, said the risks in taking part in the sport were “not low”, but some gyms might fail to give clear instructions to participants because of unbalanced coach-student ratios.

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“The first time I reached the top, I could feel how dangerous it would be for newcomers if they fell to the ground,” Deng said, who used to go to a gym in Prince Edward. “I am lucky enough that only my fingers and forearms were injured. I have some friends who have strains and even fractures.”

Deng added that her gym only provided instructions for two or three minutes at the beginning of the bouldering. “The sport has become very popular. There are too many people in the gym, so there is no way for the coaches to take care of all the students.”

According to the 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.

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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.

“Climbing without ropes requires gym operators to have precise knowledge of the climbing height and slope in case of danger. Protection measures like protection pads are also needed,” said Yang Yi-jian, an assistant professor in sports science and physical education at Chinese University of Hong Kong.

“I recommend all adults taking part in this sport read the disclaimer and fully understand it.”

Yang added that it was “unreasonable” for the gyms to shirk responsibility if participants were injured unless it was because of “personal reasons” such as refusing safety advice from the managers.

A spokesman of Verm City in Quarry Bay, one of the gyms visited by the council that only provided waivers in English, said no clients had ever asked for a Chinese version.

“Whether the customers read the waivers carefully is out of our control. We cannot force people,” the spokesman said. “But if there are any people who ask about the terms, we will carefully reply.”

The spokesman added that participants were asked to attend a 30-minute to one-hour instruction class to prevent further risk after signing waivers.

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