Legal Problem Question 2 Mirandah is an enthusiastic rock climber and is excited to hear that her friend's workplace has arranged a family and friends day at an indoor rock climbing centre, Cliff Climb. Friends will receive $15 off the fee for the climbing session. She is excited to try out the impressive facilities at Cliff Climb, especially as it is new and she has not been there before. When Mirandah arrives at the centre, before paying for her session, she is asked to complete and sign a form, which has the following statement above the space for her signature: "Please read Conditions of Climbing (overleaf) prior to signing." The heading on the form was: "Terms of Agreement". Mirandah was keen to start climbing and did not bother to read the Conditions of Climbing before signing the form, and did not notice the heading on the form either. While climbing, Mirandah falls and breaks her leg as well as injuring her knee. She requires surgery and is unable to work for several weeks. Her fall was caused by another climber who panicked and grabbed on to Mirandah, causing her to lose balance and fall. When Mirandah seeks reimbursement of her session fee, medical expenses and loss of income, Cliff Climb refers Mirandah 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." Mirandah is shocked. She thought the form was just a registration form for attending the event. Can Cliff Climb rely on the statement on the form to avoid liability? Consider relevant legal principles under the law of contract. (Do not discuss the Australian Consumer Law.) Please remember to refer to any relevant legal cases to support your arguments, and ensure you fully explain the legal position. Type your answer in the answer box below. (6 marks)