Aurora Spa & Bathhouse – Guest Acknowledgement, Waiver & Risk Release

Welcome to Aurora Spa & Bathhouse.

We look forward to hosting you for your wellness experience. Please read this document carefully before proceeding. By booking, you acknowledge and agree to the following terms.

Please email us at info@auroraspa.com.au if you have any particular questions in relation to browsing and shopping online with us.

General Release
Risk Warning and Acknowledgement

1. Participation in any activities arranged or supplied by Continental Wellness Operations Pty Ltd, and its officers, employees, servants, agents, contractors and assigns (‘the Service Provider’) including, without limitation, the Aurora Spa & Bathhouse bathhouse and wellness centre including the use of treatment rooms, relaxation lounge, boutique, float room, hydro-therapy pools, traditional sauna, salt therapy and ‘igloo’ ice room, and receiving any therapeutic or spa treatments (‘the Services’) may involve significant risks, including the risk of personal injury and death. Particular risks include:a) allergic reaction;
   b) dehydration;
   c) drowning;
   d) slipping;
   e) joint injuries, twists, sprains, ligament damage, broken bones and/or muscle or other physical injury;
   f) overheating; and/or
   g) death.
2. Before you participate in the Services, you must ensure that you are aware of, and properly understand, all of the risks involved in the Services, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which you suffer.
3. You acknowledge, agree and understand that your participation in the Services provided by the Service Provider may involve:a) risks generally (including the risk of injury, accident or death); and
   b) those particular risks described above; and
   c) any other risks that have been explained to me by the Service Provider;
   (the “Risks”).
4. You acknowledge, agree and understand that you engage or participate in or undergo the Services voluntarily and at your own risk in full knowledge of the Risks, and that you voluntarily and knowingly assume full responsibility for any Risks. You confirm that you have no pre-existing medical or health conditions that would prevent you from participating in or undergoing the Services or that the Services would negatively impact.

Waiver & Release

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-

• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

1. Section 139A of Competition and Consumer Act, 2010 (Cth) (‘the CCA’) and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) (‘the AC Act’) permits the Service Provider of the Services to ask you to agree that the statutory guarantees under the Australian Consumer Law, which is Schedule 2 to the CCA, do not apply to you (or a person for whom or on whose behalf you are acquiring the services, including any minor).
2. You acknowledge, agree and understand that, to the full extent permitted by law, the liability of the Service Provider in relation to its supply of any recreational services (as that term is defined in the CCA and the AC Act, as applicable, including the Services) for any:a) death;
   b) personal injury (as that term is defined in the AC Act);that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services, including any minor) resulting from the supply of recreational services or recreational activities is excluded, including, without limitation, by reason of the recreational services not being supplied with due care and skill or not being reasonably fit for their purpose or for breach of any of the consumer guarantees applied by the Australian Consumer Law (Victoria), or due to the negligence, breach of contract or statute or statutory duty by the Service Provider.
3. To the full extent permitted by law, you (or the person for whom or on whose behalf you are acquiring the services, including any minor) agree to waive, release and discharge the Service Provider from any and all claims of any nature whatsoever, rights, causes of action, suits, demands, costs, loss, damages, or other liabilities which you or your dependants, legal representatives, heirs, successors, executors, administrators, agents and assigns might otherwise have against the Service Provider in connection with or incidental to your use of the Services (‘Claims’), including, without limitation, any Claims for or arising out of your death or physical or mental injury, disability, disease, property theft, property damage, loss and damage or economic loss which you may suffer or sustain in the course of or consequential upon or incidental to your participation in the Services, whether caused by the negligence of the Service Provider or otherwise. You agree to hold harmless and indemnify the Service Provider from and against any and all such Claims.
4. Without limitation to the foregoing, to the full extent permitted by law, but subject to any non-excludable consumer guarantees implied pursuant to the Australian Consumer Law, in no event will the Service Provider be liable in respect of any claim in connection with or incidental to the supply of the Services for any indirect or inconsequential loss or damage including without limitation personal injury, financial loss (such as loss of profits or use of capital or revenue or otherwise), or for any punitive, exemplary, special, incidental or consequential loss or damage whether such liability arises in contract, tort, equity, breach of statute or statutory duty or breach of any consumer guarantees.
5. You acknowledge, agree and understand that:a) the Service Provider will permit you to participate in the Services, and provide you with the associated services, in part in consideration of you signing this document;
   b) the Service Provider may rely on this document in any proceedings commenced in any Court by me or by my heirs, executors and assigns; and
   c) the laws of Victoria govern this document.
6. You do not have to agree to exclude, restrict or modify or waive your rights against, or release, the Service Provider from any claims by signing this document, however the Service Provider may refuse to allow you to participate in the Services, or to provide you with the associated services, if you do not agree to exclude, restrict, modify or waive your rights against, or release, the Service Provider by signing this document. Even if you sign this document, you may still have further legal rights.
7. You agree that the waivers and releases contained in this document apply for every visit you make to the Service Provider until such time as you withdraw or modify your consent in writing or the Service Provider modifies these terms with your consent by signing a new document. You will not be required to sign future waivers on the understanding that this waiver document shall apply to all your future participation in the Services.

General Conditions of Entry

1. The safety and enjoyment of all participants engaged in the Services is important to the Service Provider. You must comply with the safety and other general instructions given by the Service Provider at all times in respect to the Services and while you are at the Service Provider’s premises (‘the Premises’). Your entry to and time at the Premises is strictly conditional upon your compliance with such instructions (and you expressly acknowledge and agree that your entry and time at the Premises is strictly on this basis), and if you fail to comply, you may be immediately removed from the premises and refused entry in the future.. A refund for any unused time will not be provided should you be removed from the premises for any reason whatsoever.
2. You are liable for all damage to property at the Premises caused by you, and you must immediately upon demand from the Service Provider, pay to the Service Provider all costs of repair or replacement of such damaged property.
3. You acknowledge, agree and understand that:
   a) children under 18 years of age must, at all times when within the Premises, be within arm’s reach of a guardian
   b) children aged between 14 to 18 years of age must, at all times when within the Premises, be accompanied by a guardian and be within close visual line of sight of that guardian.
4. On occasion, the Service Provider may take promotional video footage or photographs at the Premises. Unless you specifically request in writing the contrary, you consent to your image being captured and used by the Service Provider while you are engaged in the Services for any promotional or advertising purposes.
5. You acknowledge that security video is used in the public areas of the Premises and consent to this use for security and safety purposes.
6. If the participant is under 18 years of age, their parent or legal guardian agrees to sign this document on their behalf. If this is the case, any references to ‘you’, ‘your’, ‘me’ or similar in this document is deemed to be a reference to the parent or legal guardian of the minor and the minor, such that both are bound by the terms, waivers and releases contained herein.

I hereby acknowledge and agree that

Capitalised terms have the meaning given to them in General Release unless the context otherwise requires;

• the Service Provider supplies the Services to guests solely at their own risk, and makes no claims as to the safety, results or appropriateness of the Services for any person;
• I take full responsibility to determine that I am physically capable of using the Services provided by the Service Provider;
• use of the Services may be dangerous and involve the Risks (including the risk of serious injury, death and/or property damage), and I expressly agree to voluntarily and knowingly assume all Risks;
• to  the full extent permitted by law, I agree to release and indemnify the Service Provider from and against all Claims which may arise in connection with the Services;
• I confirm that all of the information I have supplied is true, correct and complete;
• I have read and understood this document in its entirety, including General Release, and agree to be bound by its terms;
• I fully understand that by achnowledging, I am giving up legal rights and/or remedies which may otherwise be available to me or the minor participant on whose behalf I am signing in respect of the Services; and
• I am freely acknowledging and agreeing to this document.

Eligibility
In order to make purchases through this site, you will be requested to provide your personal details. In particular, guests must provide their real name, phone number, e-mail address and other requested information as indicated. You will also be required to provide credit card details to secure your booking or make a purchase. By entering your credit card number for reservation security or payment details to make a purchase you represent and warrant that the details you provide are both valid and correct and you confirm that you are the person referred to in the billing information provided.

Individuals must have been issued a valid credit card by a bank acceptable to Aurora Spa & Bathhouse, applications must have authorised Aurora Spa & Bathhouse to process a charge on their credit card for the purchase price for the goods or services.

If you register on the site, you will have an email address/username and password for your Aurora Spa & Bathhouse account. You are responsible for maintaining the confidentiality of your account, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the site or content resulting from such access or use.

We reserve the right to refuse service and/or terminate accounts without prior notice if our Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.

By making an offer to purchase goods or services form us, you expressly authorise us to perform credit checks and, where Aurora Spa & Bathhouse considers necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation or to authorise individual purchase transactions.

Please refer to our Privacy Policy for further information about how we use your personal information.

We reserve the right to only accept orders from those over 18 as legislated by the relevant state of residence.

Accuracy of Information
We attempt to be as accurate as possible when describing our products and services on the site, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, information or other content available on the site are totally accurate, complete, reliable, current or error-free.

The images of the products and packaging on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. The products including the packaging you receive may vary slightly from those images.

Pricing Policy
We take great care to ensure that prices are accurate, although all prices are subject to change prior to the agreement between us being formed.

It is always possible that, despite our reasonable efforts, some of the gift cards or products on our site may be incorrectly priced. If we discover an error in the price of the gift cards or products you have ordered we will inform you of this error and we will give you the option of continuing to purchase at the correct price or cancelling your order. We will not process your order until we have your instructions.

Prices shown on the site are in Australian Dollars (AUD) and are inclusive of GST. Aurora Spa and Bathhouse reserves the right to change prices at any time and without notice. Prices are subject to change effective immediately upon posting to the site or other form of notification.

Intended Use
By placing an order with Aurora Spa and Bathhouse you agree to use the products or services only for their intended purpose. If you use the products or services for any other purpose you will assume full responsibility for any loss or damage arising out of this use.

Copyright
All content on this website, including text, graphics, logos, photographs, audio and video clips and data compilations is the property of Aurora Spa and Bathhouse or its content suppliers and protected by Australian and international copyright laws.

No Commercial Use
This site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website or otherwise.

Third Party Sites
Aurora Spa and Bathhouse may include links on this website to websites owned by other parties. Aurora Spa and Bathhouse is not in any way responsible for the material contained on these sites. Aurora Spa and Bathhouse does not endorse and is not responsible or liable for any content, including advertising or products offered on these sites, nor is Aurora Spa and Bathhouse responsible for any damage, offence or loss caused as the result of visiting these websites.

Aurora Spa and Bathhouse recommends that before you visit any website you check that your computer is running up-to-date virus checking software.

Relationship
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and us by these terms and conditions.

Force Majeure
Aurora will not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, such as acts of God, governmental actions, pandemic, strikes, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

Reservations and Cancellations
I understand that:

• Standard bookings require 48 hours’ notice to change or cancel.
• Group bookings (4 or more guests) require 7 days’ notice.
• Retreat bookings require 14 days’ notice.
  
  Cancellations or changes made after these timeframes will result in forfeiture of the full booking amount.
  Aurora Spa & Bathhouse is a cashless facility, and a 1% card surcharge applies to all transactions.

Gift cards and E-Vouchers should be treated as cash. Lost, stolen or destroyed gift vouchers will not be refunded for cash or replaced. Gift cards and E-vouchers are non-refundable or redeemable for cash, however can be redeemed for services or products. Gift Cards and E-Vouchers can only be redeemed at Aurora Spa & Bathhouse located in Sorrento, VIC. Where the cost of the purchase exceeds the available voucher balance, the voucher holder will be required to pay the difference. Any balance that remains on the voucher after expiry will not be available for use or a refund. Gift cards and E-Vouchers cannot be used to purchase another gift card or E- Voucher.

Our treatment menu and pricing may change after the purchase of your gift voucher.  These changes will be effective immediately.

A gift card does not guarantee a reservation without one having been made. Guests must make reservation by phone or on this site prior to the intended day of arrival.

Spa Terms
Please arrive 20 minutes prior to your treatment. As a courtesy to all our guests, a prompt appointment schedule is adhered to. Reservations for our Bathhouse, Private Salt Float Therapy or Spa treatments that begin late will finish at the appointed time, so as not to inconvenience other guests.

Underwear is required for all treatments, and swimwear is required for our bathhouse. Aurora Spa and Bathhouse reserves the right to refuse entry or refuse to provide service to anyone at any time at our sole discretion.

Age Restrictions
Aurora Spa and Bathhouse does not permit guests under the age of 14 years. We kindly ask children aged 14 and below are always accompanied by a parent or legal guardian at all times. A parent or legal guardian must sign a waiver and consent form prior to the child using the facilities and identification confirming the child’s age may be required before entry is permitted. Aurora Spa and Bathhouse considers guests aged 18 and over an adult.  Aurora Spa and Bathhouse reserve the right to refuse entry or refuse to provide service to anyone at any time at our sole discretion.