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Schedule 1 – General Conditions

1. Definitions and Interpretation

1.1 Definitions

In these General Conditions and throughout the Contract, unless otherwise indicated:

  • Acknowledgement Form refers to the document titled “Acknowledgement Form” that accompanies or is attached to these General Conditions.

  • Australian Consumer Law means Schedule 2 of the Competition and Consumer Act.

  • Civil Liability Act refers to the Civil Liability Act 2002 applicable to the relevant state or territory.

  • Claim encompasses any claim, demand, or cause of action arising from contract, tort, statute, or otherwise in connection with the Services or the Contract.

  • Client refers to the individual who enters into the Contract for Services, agreeing to its terms.

  • Commencement Date is the date the Contract takes effect.

  • Competition and Consumer Act refers to the Competition and Consumer Act 2010 (Cth).

  • Contract refers to the agreement between the Client and the Provider, which includes the Acknowledgement Form, these General Conditions, and any other incorporated documents.

  • Contract Price is the amount payable, excluding GST where applicable, for the Services as stated in the Acknowledgement Form, subject to adjustments.

  • Corporations Act means the Corporations Act 2001 (Cth).

  • Dispute refers to any disagreement or conflict regarding:

    • The Services;

    • The Contract, including its validity, interpretation, and obligations;

    • The rights and liabilities of either the Client or Provider concerning the Services and the Contract.

  • General Conditions refer to these terms and conditions.

  • Government Agency means any government-related entity, regulatory body, or authority.

  • Indirect Transaction Taxes include any applicable value-added tax, goods and services tax, or similar tax but exclude penalties and fines.

  • Input Tax Credit means a credit entitlement related to Indirect Transaction Taxes.

  • Loss refers to financial loss, damages, expenses, or liabilities associated with the Contract, including legal costs.

  • Premises means the locations provided by the Provider where the Services are offered.

  • Provider refers to Elysium Saunas Pty Ltd.

  • Related Entity includes related corporations or entities as defined by the Corporations Act.

  • Services refer to all sauna and ice bath therapy services, as well as any associated goods and obligations under the Contract.

  • Taxes include all forms of taxation, fees, levies, and associated penalties or charges imposed by a Government Agency.

  • Tax Invoice refers to an invoice valid under applicable tax laws.

1.2 Interpretation

  • Singular terms include plural, and vice versa.

  • Gender references include all genders.

  • Defined terms apply consistently across grammatical forms.

  • References to persons include individuals, corporations, trusts, partnerships, and other legal entities.

  • References to legislation include amendments and re-enactments.

  • Monetary references are in Australian dollars.

  • Headings are for convenience and do not affect interpretation.

1.3 Benefit

The Provider holds all rights, limitations, and protections under the Contract for itself and as trustee for its Related Entities and their directors, officers, and employees.

1.4 Survival

This clause and any other clauses intended to survive the termination of the Contract shall remain in effect.

2. The Contract

2.1 Entire Agreement

The Contract represents the full and final agreement between the parties, superseding all prior negotiations and understandings.

2.2 Formation

The Contract is established upon either of the following:

  • Agreement by both parties to its terms; or

  • Commencement of Services through conduct, verbal confirmation, or other actions.

2.3 Additional Terms

Any additional terms attached to communications between the parties will not form part of the Contract unless expressly agreed in writing.

3. Provision of Services

The Provider agrees to deliver the Services per the Contract terms from the Commencement Date in exchange for the Contract Price.

4. Access to Premises

4.1 General Access

  • Clients are granted access to the Provider’s Premises solely for the purpose of utilizing the Services.

  • Third-party access is prohibited without the Provider’s prior written consent.

  • The Provider reserves the right to temporarily close the facilities, with reasonable notice where possible.

4.2 Client Responsibilities

Clients must:

  • Follow all instructions from Provider personnel while on the premises.

  • Be 18 years or older to use the sauna facilities.

  • Shower before using ice baths.

  • Use a towel when sitting in the sauna.

  • Wear appropriate swim attire.

  • Keep their head above water in ice baths.

  • Stay seated while using the sauna.

  • Avoid using oils in the sauna.

  • Maintain hydration.

  • Adhere to recommended sauna session limits (20 minutes at a time, with a 10-minute break before re-entry).

5. Payment Terms

  • The Client agrees to pay the Contract Price weekly in advance.

  • Payments must be made via an authorised debit or credit account.

  • Insufficient funds may result in penalties and restricted access to the Services.

  • The Provider ensures the confidentiality and security of payment information.

6. Taxes

  • Contract Prices are inclusive of all Taxes unless stated otherwise.

  • Clients must pay Indirect Transaction Taxes where applicable.

  • The Provider will issue valid Tax Invoices as required.

7. Dispute Resolution

  • Parties must attempt to resolve disputes through negotiation before initiating legal proceedings.

  • If no resolution is reached within 30 days, either party may seek legal recourse.

  • Obligations under the Contract continue despite the existence of a dispute.

8. Notices

  • All communications must be in writing and delivered via email or postal mail.

  • Notices will be deemed received based on specified timeframes for delivery.

9. Limitation of Liability

  • The Provider’s liability is limited to 20% of the Contract Price.

  • The Provider is not liable for consequential damages such as lost profits or reputational harm.

  • Clients acknowledge the risks associated with sauna and ice bath use.

10. Suspension and Termination

  • Clients may suspend their Contract with 7 days’ written notice, for a minimum of 14 days and a maximum of 90 days per year.

  • Clients must provide 30 days’ written notice for Contract termination.

  • Termination does not affect accrued rights and obligations.

11. Use and No-Show Policy

  • Clients may use one sauna session per day under their Contract.

  • Failure to cancel a booking at least 6 hours in advance may result in a fee or forfeited session credit.

12. General Provisions

  • The Contract is governed by the laws of the relevant jurisdiction.

  • Waivers must be in writing and do not apply to future breaches unless explicitly stated.

  • If any provision is found unenforceable, the remaining terms remain valid.

  • Clients may not assign rights under the Contract without the Provider’s written consent.

  • The Provider may assign or subcontract obligations with reasonable notice to the Client.

This clause shall survive the termination or expiration of the Contract.

Acknowledgement Form

In consideration of the use of the facilities provided by Elysium Saunas Pty Ltd (“Provider”), and by attending the premises, the Client (hereinafter referred to as “you” or “your”) agrees to the following terms:

(Device Usage Restriction): You expressly agree not to use any electronic devices while utilizing the services. You acknowledge that violating this restriction could pose serious risks to your safety and the safety of others.

(Acknowledgement of Risks): You recognize and accept that the use of the Provider’s facilities, equipment, and services involves certain risks, including but not limited to:

  • Potential property damage, personal injury, or fatality resulting from facility usage, participation in activities, actions of others, or lack of emergency medical care.

  • Increased physiological and psychological responses associated with Cold Water Immersion (CWI), such as:

    • Shock reactions including hyperventilation, increased heart rate, elevated blood pressure, and in severe cases, cardiac arrhythmias.

    • Respiratory complications due to loss of breathing control, leading to an increased risk of gasping and inhaling water.

    • Muscle cramps and spasms.

    • Risks of hypothermia or frostbite from exposure to excessively cold water or prolonged immersion.

    • Potential for panic attacks.

(Health Restrictions): You agree not to use the sauna or ice bath facilities if you have any of the following conditions, as they may pose a risk to your well-being:

  • Cardiovascular diseases or heart conditions

  • Diabetes, neuropathy, Parkinson’s, MS, or lupus

  • Joint injuries

  • Insensitivity to heat

  • Infectious diseases, cold/flu symptoms, respiratory infections, or fevers

  • Eustachian tube dysfunction

  • Pneumothorax

  • Hypertension above 160/100

  • Severe untreated asthma

  • Seizure disorders

  • Pregnancy

You confirm that you have disclosed any relevant medical concerns to the Provider before using the services. To the maximum extent permitted by law, you release the Provider from liability for any symptoms or health-related issues that arise in connection with the services.

(Assumption of Risk): You acknowledge and accept all risks associated with the use of the Provider’s facilities, including but not limited to those outlined above. You assume full responsibility for your safety while using the premises and engaging in activities related to the services.

(Policies and Procedures): You confirm that you have reviewed and understand the policies and procedures related to the use of the Provider’s premises, equipment, and services. You acknowledge that following these guidelines is essential for safe participation.

(Health and Fitness Confirmation): You certify that you have the necessary physical and mental fitness to safely use the Provider’s facilities and services. You also confirm that you are not under the influence of any substances, including prescription or recreational drugs, that could impair your ability to safely participate. If you have any doubts about your fitness for participation, you agree to seek clarification from a staff member before proceeding. You are encouraged to consult a medical professional regarding any health concerns before engaging in sauna or ice bath sessions.

(Emergency Medical Consent): You grant consent for medical treatment in the event of an emergency where you are unable to provide consent yourself.

(Privacy Policy): The Provider is committed to protecting your privacy. When you create a user profile, book an appointment, or make a purchase, the Provider may collect personal details such as your name, email, and payment information. This data is securely stored and never shared with third parties. Credit card information is encrypted using industry-standard security measures.

(Booking and Cancellation Policy): If you need to cancel an appointment, you must do so at least 12 hours in advance to be eligible for a refund. While refunds are not guaranteed, the Provider will make reasonable efforts to accommodate changes where possible. If you need to reschedule, please notify the Provider as soon as possible.

(Late Arrivals): Clients may arrive up to 15 minutes late for a session. However, if you are unable to complete your session once started, it will be considered non-refundable.

(Membership Packages and Payment Terms): You agree to make weekly payments as per your selected membership plan:

  • Unlimited: Unlimited sauna & ice shower access for $35 per week.

Payment Conditions:

  • Payments must be made weekly in advance.

  • A minimum commitment of four (4) weeks is required.

  • You must bring your own towel and water bottle each time you attend the premises.

By booking and attending a sauna and/or ice bath session at the Provider’s premises, you confirm that you have read, understood, and agreed to the terms outlined in this agreement.

 

You acknowledge and accept that by booking a sauna and/or ice shower session at the Provider’s Premises, you agree to the terms outlined in this Contract (as defined in the General Conditions).

THIS AGREEMENT IS MADE IN ACCORDANCE WITH:

  1. This Acknowledgement Form; and
  2. Schedule 1 – General Conditions.