GYM AND SPA

Terms and Conditions

1. Legally Binding Agreement – I understand that this agreement is legally binding whether my use of the facility and its services is determined and on a visit pass, monthly, or seasonable basis.
2. Consumer rights of Cancellations
   
   1. Passes are not refundable.
   2. Nelse Lodge reserves the right to cancel this pass agreement and request return of the pass at its discretion.
3. Unavailability of Facility or Service – I agree to accept the fact that a particular facility or service in the premises may be unavailable at any particular time due to prior booking, mechanical breakdown, fire, act of God, condemnation, catastrophe or any other reason. Further, I agree not to hold Nelse Lodge responsible or liable for any such occurrences.
4. Conduct Within the Centre – Management reserves the right to refuse entry, cancel a membership or a pass, or request a patron to leave the premises if the patron does not behave in a responsible manner, is under the influence of drugs and/or alcohol or does not adhere to the conditions of use.
5. Access for Children – Adult supervision is required at all times for children under 16 years of age.
6. Lost/Stolen wrist bands – Wrist bands are the full responsibility of the customer. Lost/stolen passes will not be refunded but replaced at a cost to the member of $10.
7. Hygiene – Patrons are required to shower before entering the plunge pools.
8. Non-Transferability – Passes are for the sole use of the purchaser and cannot be shared or transferred. Misuse may result in suspension or cancellation of membership privileges without refund.

RELEASE

For the purposes of this clause, “Released Parties” means Nelse Lodge Hotel Pty Ltd, it’s directors, officers, employees, contractors, coaches, instructors and lessor.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

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 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.

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 exclusion of these statutory guarantees is brought to your attention by 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.

ACKNOWLEDGEMENT OF RISKS

You acknowledge that the Released Parties take reasonable steps to provide a safe environment, facilities, equipment, programs and services.

You further acknowledge that participation in physical activity, exercise programs, fitness classes and the use of recreational facilities involves inherent and sometimes significant risks, including but not limited to:

• physical injury;
• aggravation of existing medical conditions;
• equipment malfunction or misuse;
• slips, trips or falls;
• injury caused by the actions or omissions of other participants; and
• loss, theft or damage to personal property.
• Cardiovascular events or medical episodes triggered by exercise
• Injury arising from failure to follow posted safety instructions
• Injury arising from pre-existing medical conditions not disclosed prior to use

You acknowledge that such risks may result in personal injury, illness, death, property damage or financial loss.

ASSUMPTION OF RISK

You voluntarily participate in and/or use Nelse Lodge services and facilities with knowledge of the risks involved and accept those risks to the extent permitted by law.

You acknowledge that you are physically and mentally capable of participating in the activities you choose to undertake and that you have disclosed any known relevant medical conditions or concerns, and that you have obtained any medical advice you consider appropriate.

You acknowledge that the Released Parties relies on the accuracy of this confirmation and that, to the extent permitted by law, you assume risks arising from any inaccurate or incomplete disclosure.

RELEASE AND INDEMNITY

To the extent permitted by law, you release and discharge the Released Parties from liability for personal injury, death, property damage or financial loss arising from or connected with your participation in recreational activities or use of Nelse Lodge facilities and services, except to the extent caused by an act or omission done with reckless disregard, with or without consciousness, for the consequences of the act or omission (as that expression is used in section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic)).

You agree to indemnify the Released Parties against any claims, demands or proceedings arising from your wilful acts, negligent conduct, breach of these terms or unlawful conduct while using Nelse Lodge facilities or participating in Nelse Lodge activities.

You agree to indemnify the released parties against claims, demands or proceedings arising from your negligent or unlawful conduct while using Nelse Lodge facilities or participating in Nelse Lodge activities.

STATUTORY RIGHTS

Nothing in this document is intended to exclude, restrict or modify any consumer rights or guarantees under the Australian Consumer Law or any other applicable legislation that cannot lawfully be excluded.