Question
Mandy has recently taken up a new hobby called bouldering. This is similar to rock-climbing, but the primary difference is that bouldering does not involve
Mandy has recently taken up a new hobby called "bouldering". This is similar to rock-climbing, but the primary difference is that bouldering does not involve the use of ropes and harnesses, and instead, only a crash pad (i.e. a mat placed on the floor to cushion any fall) is used. She visited Vertical No-Limits Gym ("VNL") which has bouldering facilities to explore the possibility of signing up for an annual pass. The customer service representative at VNL explained the rates and procedures for signing up and asked Mandy to complete and sign a document which is labelled as a "Health Declaration Form". Although the document did contain some questions relating to the customer's health condition, the document also stated in small print at the bottom, as follows: "By signing this form, you acknowledge and agree to our standard terms and conditions. They can be found on our website and also on the notices placed in the gym." Mandy was concerned about the content of the standard terms and conditions since she did not know what they were. The customer service representative noticed her look of concern and assured Mandy, "Don't worry, this is just a standard form that all customers sign. There are no hidden charges or anything like that." Feeling somewhat assured, Mandy proceeded to complete and sign the document. After Mandy made payment for the annual pass, the customer service representative handed to Mandy a receipt. On the back of the receipt, there was a printed line of text which stated as follows: "Our standard terms and conditions can be found on our website and also on the notices placed in the gym." Indeed, at the main entrance of the gym and on the counter next to the cashier, there were notices which set out a long list of text, including the following clauses: "(11) Bouldering is a high-risk activity. Users should be aware that there could be unknown and unanticipated risks which may result in injury, illness, or even death. ... (16) Vertical No-Limits Gym's liability to any user, whether arising from negligence or otherwise, for any injury, sickness or any other losses that results from the use of the facilities in this gym shall be capped at $50." The notices were made using A4-sized black paper with white print in Times New Roman font and with font size 12. The text was readable but the reader would need to stand next to the notice in order to read it. The same text also appeared on VNL's website. Mandy was excited to commence her climbing activity, and so, she did not bother reading the notices. When Mandy was midway through her climb on the rock wall, and as she placed her foot on one of the artificial footholds carved into the rock wall, she slipped and fell. Even though there was a crash pad placed at the floor to cushion her fall, she sprained her ankle as she hit the mat. Her shoes also became damaged as a result of the fall.Upon investigation by one of the staff members onsite, it was discovered that the foothold in question was wet and slippery due to residual cleaning liquid left on it. This was used during routine cleaning by the staff, but the cleaning staff was negligent in not wiping it dry after cleaning. VNL refused to compensate Mandy fully for the injury to her ankle and the damage to her shoes. Instead, they referred her to Clause 16 in the notices, and wanted to pay only $50 to her.
Apply the legal rules under the four (4) points relating to the enforceability of exemption and limitation of liability clauses to analyse whether the relevant clause in this scenario is valid and enforceable against Mandy in relation the damage to her shoes.
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