1. Definitions

(a) Access Pass means your membership card allowing you to enter the Spa where applicable

(b) Access Pass Fee means the Access Pass Fee specified in the Agreement.

(c) Agreement means this membership agreement made between you and The Spa at Salt incorporating the documents referred to in clause 2(b).

(d) Billing Account means the bank account or credit card nominated by you to have your direct debit Membership Fees deducted from.

(e) Spa means the The Spa at Salt  as specified in your Membership Agreement.  

(f) Spa Access means the initial Joining Fee and Access Pass Fee specified in the Agreement.

(g) Spa Rules mean the Spa rules as amended from time to time, which are located at the Spa.

(h) DD Membership means a weekly membership, with recurring weekly direct debit payments.

(i) DD Membership Fee means the weekly fee payable for the DD Membership inclusive of any Payment Provider fees.

(j) Dishonour Fee means a $10.00 fee.

(k) Spa Access  Questionnaire means the questionnaire that the member is required to complete prior to using the Spa as applicable

(l) The Spa at Salt means the entity specified on your Membership Agreement and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.

(m) Joining Fee means the fee specified in the Agreement.

(n) Member means the individual who has entered into this Agreement with The Spa at Salt.

(o) Membership Agreement means the form provided to you by The Spa at Salt requiring you to provide the relevant details to The Spa at Salt (e.g. name, address, payment card details) relating to your membership.

(p) Membership Fees means the fees that are due and payable by you pursuant to this Agreement.

(q) Minor means members under the age of 18.

 (r) Payment Agreement means the Agreement between you and us permitting our Payment Provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the Payment Provider’s Direct Debit Service Agreement.

(s) Payment Provider means the payment provider specified from time to time by The Spa at Salt, which is currently Ezidebit unless The Spa at Salt otherwise specifies.

(t) Payment Provider’s Direct Debit Request Service Agreement means the Payment’s Provider’s service agreement provided to you by The Spa at Salt.

(u) Policies means the The Spa at Salt membership policies as amended from time to time, which are located at www.The Spa at Salt.com.au/policies and available at the Spa on request.

(v) Privacy Policy means the The Spa at Salt privacy policy which is available at www.The Spa at Salt.com.au/Spas or by emailing info@The Spa at Salt.com.au

(w) Products means any products that are purchased pursuant to The Spa at Salt sale of goods terms and conditions.

(x) Staffed Hours means the hours for the Spa, which are located at the entrance to the Spa or at www.The Spa at Salt.com.au/Spas  The Spa at Salt reserves the right to change the Staffed Hours at any time without notice.

(y) Written Notice means notice in writing, given in person, by email or post to the parties’ last known address.

2. Terms and Conditions

(a) Your membership is governed by this Agreement.

(b) This Agreement incorporates these terms, the Membership Agreement, the Policies, the Spa Rules and the Privacy Policy.

(c) Accepting this Agreement does not automatically entitle you to a membership as your application may be subject to further review by The Spa at Salt.

(d) The Spa at Salt reserves the right, in its sole discretion, to amend this Agreement.

(e) The Spa at Salt holds, so far as a provision of this Agreement is for the benefit of a third-party that provision on trust for the relevant third-party.

3. Membership

(a)  Nature of Membership Your membership permits you to use The Spa at Salt’ premises, facilities, equipment and services as shown and limited by the membership identified. Your membership is non-transferable by you unless deemed appropriate by The Spa at Salt.

(b)  Change to Details You must provide The Spa at Salt with any changes to your details, which are relevant to your membership in writing.

(c)  All Spa Privileges Subject to clause 18, your membership entitles you to utilise “The Spa at Salt”.

(d)  Membership Hold The Spa at Salt will only hold your membership in accordance with the requirements of the The Spa at Salt Membership Hold Policy available at the Spa or at www.The Spa at Salt.com.au/Spas

(e)   Membership Transfers - Direct Debit (DD) Members who pay weekly can transfer their membership in accordance with the Membership Transfer Policy available at the Spa or on www.The Spa at Salt.com.au/Spas

4. Payments

(a) You agree to pay all Membership Fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement and the Payment Provider’s Direct Debit Request Service Agreement.

(b) For a DD Membership you must make your payments on a weekly basis in advance.

(c) For all memberships you must make payment of the Spa Access and pro-rata amount in advance and the balance of the Membership Fees by way of direct debit.

(d) You must provide to The Spa at Salt, in the form requested by The Spa at Salt, a Payment Agreement authorising The Spa at Salt’ Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account.

(e) The Spa at Salt will endeavour to contact you by phone, sms or email to inform you of any overdue payments. In the event that The Spa at Salt cannot contact you, it will provide you with Written Notice of overdue payments.

(f) A Member will be charged a Dishonour Fee in the event that a weekly direct debit payment is dishonoured by their financial institution.

(g) Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments.

(h) If there are repeated failures to meet your payment obligations (other than through the fault of The Spa at Salt or its Payment Provider), without prejudicing The Spa at Salt’ rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you.

(i) You acknowledge and agree that The Spa at Salt may change its Payment Provider and that The Spa at Salt and/or the current Payment Provider may, in their sole discretion, assign or novate all existing Payment Agreements to a new payment provider. In the event that The Spa at Salt or the current Payment Provider assigns or novates the existing Payment Agreements to a new payment provider, you consent to The Spa at Salt or the current Payment Provider providing your personal information (including, but not limited to your payment details, to its new payment provider) in accordance with this Agreement and The Spa at Salt’ Privacy Policy.

(j) The Spa at Salt reserves the right, at any time, to change the Membership Fees charged to Members for use of the Spa facilities. The Spa at Salt agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect 30 days after the Written Notice has deemed to be been received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30 day period, you authorise The Spa at Salt and/or the Payment Provider to debit the new amount to your account.

5. Minimum Age

(a) All Members of The Spa at Salt must be a minimum of 16 years of age. All Minors must have a parent or legal guardian agree to the terms of this Agreement. All Minors must attend the Spa to obtain a membership.

 (b) Minors aged 16-17 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Spa or on www.The Spa at Salt.com.au/policies

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6. Orientation

(a) It is a condition of this Agreement that you participate in a Member orientation.

(b) The orientation focuses on various aspects of the Spa including, but not limited to, Spa layout, amenities and entry and exit areas.

(c) The Spa at Salt may suspend or terminate this Agreement in the event of unsatisfactory completion of the Spa orientation prior to the commencement of use.

7. Physical Condition

(a) It is your responsibility not to use the Spa if you may be adversely affected by any medical condition. 

(b) You hereby represent to your Spa and The Spa at Salt and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Spa or its facilities.

(c) If you have any health or medical concerns now or after you join as a Member of the Spa, you must discuss them with your doctor before using the Spa.

(d) You acknowledge that The Spa at Salt did not give you any medical advice before you used the Spa, and cannot give you any medical advice after you use the Spa.

8. Spa Questionnaire

(a) It is a condition of membership with The Spa at Salt that each Member, prior to using the Spa, has to complete a Spa Questionnaire.

(b) You will not be permitted to use the Spa until you have completed the Spa Questionaire

(c) The Spa at Salt reserves the right to restrict, suspend or terminate your membership if The Spa at Salt is of the reasonable opinion that you are unfit to utilise the Spa. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide The Spa at Salt with a medical certificate confirming that you are fit to use the Spa.

9. Equipment

(a) You understand and acknowledge that The Spa at Salt purchases or leases its equipment from a third party and therefore does not manufacture any of the equipment used in the Spa.

(b) You understand and acknowledge that The Spa at Salt is providing recreational services and may not be held liable for defective products or equipment.

10. Liability for Property

(a) The Spa at Salt is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Spa including, but not limited to, a vehicle or its contents or any property left in a locker.

(b) If you cause damage to the Spa or any equipment you are liable to The Spa at Salt for its cost of repair or replacement.

11. Release and Indemnity

(a) The Spa at Salt is entitled to ask you to agree to exclude, restrict or modify its liability for death or any personal injury suffered by you on Spa premises, or from the use of our facilities or equipment.

(b) If you accept this Agreement, you agree to restrict the liability of The Spa at Salt if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury.

(c) The Spa at Salt may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement. Even if you accept this Agreement, you may still have further legal rights against The Spa at Salt.

(d) A parent or legal guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights. 

12. Release and Indemnity

(a) You use the facilities provided by The Spa at Salt at the Spa at your own risk and acknowledge that the use of the Spa may involve risk of injury, whether caused by you or another party. By accepting this Agreement you agree that The Spa at Salt will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto Spa premises by you, or for any death, personal injury or illness on Spa premises, or from using our facilities or equipment.

(b) This release does not apply if your death or injury results from gross negligence on our part. 

13. Cooling Off Period

(a)  All new memberships are subject to a cooling off period of 10 business days.

(b)  A request for termination of membership during the cooling off period must be made by Written Notice unless this Agreement is defined as an unsolicited consumer agreement under the Australian Consumer Law, in which case termination may be written or oral.

(c) For any membership terminated validly during the cooling off period, The Spa at Salt will refund to you the total of all Membership Fees. 

14. Your Right to Terminate Your Membership

In relation to DD Memberships:

(1) you may terminate your membership at any time;

(2) you must provide The Spa at Salt with Written Notice of termination with The Spa at Salt processing your termination as follows: (a) Written Notices received before 5pm on a Business Day will be actioned that Business Day or (b) Written Notices received after 5pm or on a day other than a Business Day will be actioned the next Business Day; and;

(3) the Member will not incur any financial obligations under this Agreement on and from the date that the Written Notice has been processed and accepted by The Spa at Salt and the Member has a right to continue attending the Spa until the Member’s pre-paid period expires.

15. The Spa at Salt’ Right to Restrict or Terminate Your Membership

(a) The Spa at Salt may restrict your membership at any time on the following basis:

(i)  concern for the health and/or safety of the Member; or

(ii) non-compliance, improper or harmful conduct engaged in by the Member.

(b) The Spa at Salt may terminate your membership at any time on the following basis:

(i) you fail to make any payments of your Membership Fees;

(ii) The Spa at Salt reasonably suspects that you are engaging in illegal activity in the Spa;

(iii) you fail to follow any of the Policies or Spa Rules, or violate any part of this Agreement; or

(iv) your conduct is improper or harmful to the best interest of The Spa at Salt Members.

(c) In the event that The Spa at Salt terminates your membership in accordance with clause 18(b), termination will be effective on the date that The Spa at Salt sends Written Notice. You are liable for all financial obligations until that date.

(d) Upon termination of your membership by The Spa at Salt, you will cease to have access to the Spa, and The Spa at Salt has the discretion to deny you access to any ”The Spa at Salt” branded Spa. Any money owing to The Spa at Salt when your membership ends, remains immediately due and payable and The Spa at Salt will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to The Spa at Salt, you must pay the balance of the amount owing.

(e) Upon termination of your membership by your election, you may continue to use the Spa for any period that you have paid in advance. You will cease to have access to the Spa once any period you have paid in advance expires.

(f) Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.

16. Termination and Unauthorised Cessation of Direct Debit

(a) If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to The Spa at Salt for any unpaid fees, or fees incurred by The Spa at Salt. 

17. Assignment

(a) The Spa at Salt may assign or novate its rights under this Agreement at any time without prior consent.

18. Risk Warning

(a) The Spa at Salt warns that whilst you are on our premises using our Spa, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:

(i)    slipping on wet flooring;

(ii)  colliding with equipment, or other Members;

(iii)   incorrect use of equipment,

(b) You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.

(c) You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.

(d) You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by The Spa at Salt are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.