Membership Terms and Conditions
Sauna & Spa Pty Ltd (ABN 49 690 863 604), trading as Gordon Sauna
751 Pacific Highway, Gordon NSW 2072
www.gordonsauna.com.au
Warning: This is an important document which affects your legal rights and obligations. Before commencing your Membership with us, or using the Facility as a walk-in, you must read the following Terms and Conditions. By becoming a Member or by entering the Facility as a walk-in, you confirm you have read, fully understand, and agree to abide by these Terms and Conditions to the extent they apply to you.
1. Welcome
1.1 These Terms and Conditions, the Membership Application and the Rules govern your rights and responsibilities as a Member of Sauna & Spa Pty Ltd (ABN 49 690 863 604), trading as Gordon Sauna.
1.2 These Terms and Conditions also apply, to the extent relevant, to walk-in and casual users of the Facility. Without limitation, clauses 3 (Health and Eligibility), 10 (Conduct), 12 (Access, hygiene, lockers and conduct), 14 (Liability), 18 (Acknowledgements and Risk), 19 (Release and Indemnity) and 20 (Privacy) apply to walk-in users in the same way they apply to Members. Walk-in users must also complete the pre-use health declaration described in clause 4.2 before each session.
1.3 Each Member and walk-in user is responsible for complying with this Agreement and the Rules.
1.4 By submitting a Membership Application, you agree to be bound by this Agreement and the Rules.
1.5 You authorise us to arrange, through our nominated direct debit provider, to debit your account with all Membership Fees and associated fees and other amounts due by you under this Agreement.
1.6 This Agreement may be amended by us from time to time. The most recent version will be accessible at www.gordonsauna.com.au.
1.7 You are responsible for advising us of any change of name, address, contact details, payment details, payment method, or change of circumstance via the Online Portal. Documentation verifying a name change is required.
2. Definitions
In this Agreement:
(1) Activation Fee means the fee you pay to activate or reactivate your Membership.
(2) Administration Fee means the fee of that name set out in the Schedule of Fees.
(3) Agreement means these Terms and Conditions, the Schedule of Fees, the Rules, and the Membership Application as amended from time to time.
(4) Business Day means a day that is not a Saturday, Sunday or NSW public holiday.
(5) Direct Debit Decline Fee means the fee of that name set out in the Schedule of Fees.
(6) Facility means the premises operated by us at 751 Pacific Highway, Gordon NSW 2072, including the sauna, cold plunge, hot spa, change rooms, and treatment rooms.
(7) GST means goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(8) Join Date means the date you submit a Membership Application.
(9) Member means the person entering into this Agreement and referred to as “I”, “my”, “you” or “your”.
(10) Membership means your membership with us as governed by this Agreement.
(11) Membership Application means the paper or electronic form provided to us to activate the Membership.
(12) Membership Fees means the fees due under your Membership Plan.
(13) Membership Plan means the type of Membership you elected in your Membership Application.
(14) Membership Week means a rolling seven (7) day period commencing on the Start Date and each subsequent seven (7) day anniversary.
(15) No Show Fee means the fee of that name set out in the Schedule of Fees.
(16) Nominated Direct Debit Provider means the provider we nominate from time to time to collect Membership Fees.
(17) Notice Period has the meaning given in clause 7.
(18) Online Portal means the member portal and/or any associated mobile app.
(19) Rules means any rules, in addition to this Agreement, that we reasonably consider necessary or convenient for the administration of the Facility and that are notified to you, including rules posted on the Website or within the Facility.
(20) Schedule of Fees means the schedule of fees for the relevant Membership as published on the Website and amended from time to time.
(21) Session means a single visit to the Facility during which you use one or more of the included recovery services (sauna, cold plunge, hot spa) within the time limit set out in the Rules.
(22) Staff means employees, consultants, contractors or agents engaged by us at the Facility.
(23) Start Date means the date nominated in the Membership Application.
(24) Termination Fee means the fee of that name set out in the Schedule of Fees and may include fees payable to third party debt collection agencies.
(25) Unauthorised Entry Fee means the fee of that name set out in the Schedule of Fees.
(26) Us means Sauna & Spa Pty Ltd and its related entities, referred to as “us”, “our” or “we”.
(27) Walk-in means a person who uses the Facility on a casual, per-visit basis without being a Member.
(28) Website means www.gordonsauna.com.au.
3. Are there any restrictions on joining or using the Facility?
Fit to use recovery services
3.1 You must not use any part of the Facility:
(1) unless you reasonably believe you are fit and able to use sauna, cold plunge, hot spa or massage services;
(2) contrary to advice from a doctor, allied health professional, or any medical professional, or contrary to advisory information supplied with any medication you are taking; or
(3) while you are carrying an injury or have reasonable grounds to suspect you are carrying an injury, without first notifying Staff.
3.2 Sauna, cold plunge and hot spa services are not suitable if you are pregnant, have cardiovascular conditions, low or high blood pressure, are under the influence of alcohol or drugs, have open wounds, infectious skin conditions, or any other condition for which heat or cold exposure is medically contraindicated. If any of these apply to you, you must not use the relevant service without prior clearance from your treating medical practitioner and notification to Staff.
3.3 If you have any injury or illness and wish to use the Facility, you must notify Staff before commencing any session and sign a disclaimer in our favour in respect of any damage or injury you might suffer from exacerbating, complicating, or suffering consequential injury flowing from that session or that illness or injury.
3.4 You agree to use the Facility, products and services with due care and on the condition that if you have any difficulty using any equipment or service, you will cease using it until you have notified Staff and received guidance.
3.5 If you injure yourself or feel unwell during a session, you will immediately cease the activity and notify Staff. You take full responsibility for your own conduct, hydration, and decision to exercise or use heat or cold therapy within your physical limits.
Minimum age
3.6 Persons aged under 18 years are not permitted to enter or use the Facility under any circumstances, whether as a Member, a walk-in, a guest, or otherwise.
4. When does my Membership commence?
4.1 Your Membership commences on the Start Date.
4.2 Before your first visit, and at any other time reasonably requested by Staff, you must complete a pre-use health declaration. Walk-in users must also complete a pre-use health declaration before each session. In completing the form, you represent that the information you provide is accurate and complete and that you have not received advice that would give a reasonable person grounds to suspect any information you have given is not accurate or complete.
5. Can I change my mind?
7 Day Cooling Off Period
5.1 You may cancel your Membership any time before 5:00pm on the seventh (7th) day following the Join Date.
5.2 Cancellation under this clause must be completed through the Online Portal or in writing to us.
5.3 All new Members must provide a direct debit authority at the Join Date. Direct debit will be actioned immediately upon expiry of the seven (7) day cooling off period unless you cancel within that period.
5.4 If you exercise your cooling off rights under clause 5.1, we will refund any Membership Fees already paid, excluding the Activation Fee and Administration Fee, and less the pro-rata value of any Sessions you have used during the cooling off period.
6. When do I pay?
6.1 You agree to pay your Membership Fees weekly in advance by direct debit commencing on the Start Date.
6.2 Your Membership continues on an ongoing basis until cancelled in accordance with this Agreement.
Direct Debit
6.3 You must complete a Direct Debit Authority when submitting your Membership Application. By doing so you authorise us to debit all Membership Fees from the nominated account or credit card in advance, using the Nominated Direct Debit Provider.
6.4 It is your responsibility to maintain sufficient funds in the nominated account so that payment is made in full on the due date.
6.5 We accept no liability to you for drawing funds under your direct debit authority, including any Direct Debit Decline Fee or any additional charges imposed by your financial institution or the Nominated Direct Debit Provider.
6.6 If a payment date falls on a day that is not a Business Day, the debit may occur on the first Business Day immediately following.
6.7 Failure to provide a direct debit authority or maintain a valid one may result in immediate termination of this Agreement.
Increases in Membership Fees
6.8 Membership Fees may increase from time to time. We will provide at least twenty-eight (28) days written notice of any change before it takes effect, by email or post to the last known address in our records.
6.9 If you do not wish to accept the proposed change, you may cancel your Membership without additional penalty by notifying us in writing within fourteen (14) days of receiving the notice, in which case the cancellation will take effect from the date the change would otherwise have taken effect.
GST
6.10 All Membership Fees are inclusive of any applicable GST.
7. How do I cancel my Membership?
7.1 You may cancel your Membership at any time after the cooling off period. To cancel, you must:
(1) provide us with a minimum of twenty-eight (28) days’ notice in advance (“Notice Period”) via the Online Portal or in writing; and
(2) continue to pay Membership Fees as normal for the entirety of the Notice Period.
7.2 During the Notice Period:
(1) your Membership remains active and you retain access to your standard entitlement of two (2) Sessions per Membership Week (subject to clause 11); and
(2) all other terms of this Agreement continue to apply.
7.3 You are not entitled to a refund of any Membership Fees paid for the Notice Period, whether or not you attend any Sessions during that period.
7.4 Your Membership otherwise continues until the earliest of:
(1) termination of your Membership by us in accordance with this Agreement; or
(2) the date the Notice Period expires.
8. Can I pause my Membership?
8.1 You may suspend your Membership at any time on the following terms:
(1) no notice of cancellation has been provided;
(2) the suspension is for a minimum of one (1) week and a maximum of twelve (12) weeks in any twelve (12) month period;
(3) any suspension may incur a Suspension Fee, payable upfront before the suspension commences; and
(4) all Membership Fees must be paid up to date at the time of your notice of suspension.
8.2 You may not cancel your Membership during a suspension; you must first reactivate it.
9. What happens if I get sick?
9.1 If you are unable to use the Facility by reason of temporary physical incapacity for a period of more than seven (7) consecutive days, you may suspend your Membership for up to three (3) months in any twelve (12) month period by notice to us through the Online Portal, accompanied by a verifiable medical certificate. No Suspension Fee will apply.
9.2 If you wish to suspend for longer than three (3) months in any twelve (12) month period, clause 8 applies.
9.3 If you are unable to use the Facility by reason of permanent physical incapacity, you may cancel your Membership by request via the Online Portal and uploading a verifiable medical certificate. In that case:
(1) the twenty-eight (28) day Notice Period in clause 7 does not apply;
(2) we will stop direct debits as soon as practical after notice is received; and
(3) you will be required to pay Membership Fees up to the date of notification.
9.4 Your Membership will terminate automatically on your death. We will terminate your account on receipt of reasonable evidence and no further fees will be charged.
10. When can we cancel my Membership?
10.1 Your Membership is conditional on your compliance with this Agreement and the Rules.
Failure to pay
10.2 If you do not pay your Membership Fees in full on the due date, we may:
(1) suspend your access until payments are up to date;
(2) continue to debit your nominated account, along with any dishonour or decline fees, until we have received the total amount you owe us; or
(3) terminate your Membership and charge any applicable Termination Fee.
Conduct
10.3 We reserve the right to suspend or cancel your Membership, or refuse entry to a walk-in user, immediately if, in our reasonable opinion:
(1) you do not behave in a correct and orderly manner, respecting the right of other users to use the Facility in peace;
(2) you do not comply with reasonable directions of Staff;
(3) you misuse our products, services or facilities, or use them other than as intended (including exceeding posted time limits in sauna or plunge);
(4) you are within the Facility under the influence of drugs or alcohol;
(5) you are abusive or aggressive to Staff, Members or guests, or act in a manner that is lewd or provocative;
(6) you breach hygiene requirements (including failing to shower before entering the spa or plunge);
(7) you breach the Rules or this Agreement; or
(8) any declaration you make concerning your age, health, or fitness to use the Facility is false, misleading or deceptive.
10.4 A Staff member’s written statement that you have acted in a way mentioned in clause 10.3 is evidence of you doing so.
General
10.5 If we suspend or cancel your Membership under this clause, you must pay all Membership Fees up to the date of cancellation, plus any applicable Termination Fee.
10.6 You agree to pay any costs we reasonably incur (including legal costs on a solicitor and own client basis) in enforcing our rights under this Agreement.
11. Sessions, bookings and access
Session entitlement
11.1 Your Membership entitles you to two (2) Sessions per Membership Week.
11.2 Session entitlements reset at the start of each Membership Week. Any unused Session at the end of a Membership Week is forfeited and does not carry forward to any later week. No refund or credit is payable for unused Sessions.
11.3 Sessions are subject to a maximum duration as set out in the Rules and posted within the Facility (including individual time limits for the sauna, cold plunge and hot spa for safety reasons).
Bookings and rescheduling
11.4 Sessions are subject to availability and must be pre-booked through the Online Portal unless we expressly permit walk-up Member access at the time.
11.5 It is your responsibility to book, reschedule and cancel your Sessions through the Online Portal. We are not obliged to book, reschedule or cancel Sessions on your behalf, and we accept no responsibility where you forfeit a Session, miss an entitlement, or incur a No Show Fee because you did not book, reschedule, or cancel a Session in accordance with this clause and the Rules.
11.6 A No Show Fee may apply for any pre-booked Session you do not attend and do not cancel through the Online Portal with at least twelve (12) hours’ notice (or such other notice period as set out in the Rules).
Memberships are personal
11.7 Your Membership is personal to you. Memberships may not be shared. Sessions may not be transferred, gifted, sold or otherwise given to any other person, whether a Member, walk-in user, or non-Member, under any circumstances.
11.8 You must use only your own access pass or member ID when entering the Facility. Allowing another person to enter the Facility on your Membership, or using another Member’s access pass, is a serious breach of this Agreement and will result in:
(1) you being liable for the Unauthorised Entry Fee as set out in the Schedule of Fees;
(2) you accepting responsibility and liability for any injury, loss or damage attributable to the unauthorised person; and
(3) us being entitled, at our discretion, to suspend or cancel your Membership.
12. Access, hours and conduct
Walk-in users
12.1 We accept walk-in users at our discretion, subject to availability. Walk-in users must, before each visit:
(1) complete the pre-use health declaration described in clause 4.2;
(2) acknowledge and accept the liability, release, and indemnity provisions in clauses 14, 18 and 19; and
(3) comply with the Rules and any directions of Staff.
12.2 Walk-in fees are as published from time to time. Walk-in passes are non-refundable, non-transferable, and may not be exchanged for cash or credit.
Member access
12.3 To gain entry to the Facility as a Member:
(1) you must have a valid access pass or member ID and present it for admission;
(2) your Membership must be current and not suspended or cancelled; and
(3) you must not have any outstanding Membership Fees.
12.4 Access is subject to availability. We reserve the right to refuse entry if it would result in any patron limit being exceeded, or if Staff reasonably believe entry would compromise the safety, comfort or hygiene of other users.
12.5 If your access pass is lost, stolen or missing, you must report this to us as soon as practical. We will replace a lost, stolen or missing pass for the Activation Fee.
Remedial massage and other treatments
12.6 Remedial massage and any other practitioner-delivered treatments are provided either by us or by independent practitioners operating from the Facility under licence. Where treatments are provided by independent practitioners, those services are subject to separate terms and pricing agreed between you and the practitioner.
12.7 Massage and treatment sessions are an opt-in service, generally not included in standard Membership Fees, and are subject to additional terms, fees, and cancellation policies notified at the time of booking.
Hours and closures
12.8 Opening hours are as advertised within the Facility and on the Website and may change from time to time. The Facility may be closed for public holidays, general or urgent maintenance, equipment cleaning or replacement, or upgrades.
12.9 Where reasonably practical, planned closures will be displayed within the Facility or on the Website. No refund or credit is issued for short-term closures.
Hygiene and conduct
12.10 You must shower before entering the cold plunge, hot spa or sauna, follow any towel and footwear requirements set by Staff, and comply with the Rules posted within the Facility.
12.11 No food, alcohol, glass containers, or external beverages (other than water in a sealed non-glass container) are permitted in the recovery areas.
Lockers and possessions
12.12 The Facility provides recovery services, and the areas dedicated to those services (sauna, plunge, spa, treatment rooms) are not appropriate places to bring bags or valuables. Anything of value you bring into the Facility is at your own risk.
12.13 Lockers are provided for convenience only. We do not represent them as secure and accept no responsibility for items lost, damaged or stolen from lockers or any other area of the Facility.
12.14 Lockers may be used only during your attendance and must be cleared on departure.
Guests and persons under 18
12.15 No Member may bring a non-Member or any other person into the Facility without prior written permission from Staff. A breach will give rise to an Unauthorised Entry Fee and may result in cancellation of your Membership.
12.16 Persons aged under 18 are not permitted in the Facility under any circumstances (see clause 3.6).
13. Changes to this Agreement or the Rules
13.1 We reserve the right to vary this Agreement and the Rules from time to time, including by varying hours of operation, services offered, layout, location of facilities within the premises, or imposing restrictions reasonably necessary or convenient for the orderly administration of the Facility.
13.2 We will use reasonable endeavours to advise you of any material changes, including by publishing them on the Website and/or through the Online Portal.
13.3 If we close the Facility or amend this Agreement or the Rules in a way that deprives you substantially of the intended use of your Membership, you may cancel your Membership without penalty and receive a pro-rata refund of fees paid in advance.
13.4 You are not entitled to cancel or receive a refund for any closures of up to and including four (4) weeks, where the closure is for maintenance, repair, refurbishment, or events beyond our reasonable control.
14. Liability
14.1 Subject to clause 17 and to the extent permitted by law, we and our related entities exclude any liability to you or any other person in contract, tort, statute, or in any other way for any injury, damage or loss of any kind (including direct, indirect, special or consequential loss or damage) sustained by you or any other person, or for any costs, charges or expenses incurred by you, arising from or in connection with this Agreement and/or the services or products provided by us, including any act or omission by us.
14.2 You agree that you will be liable for any injury, loss or damage suffered by any person resulting from your use of the Facility, and you indemnify us against any costs, losses, damages or claims brought against us by any person in relation to such injury, loss or damage.
15. Credit reporting
15.1 You authorise us and the Nominated Direct Debit Provider to notify any debt collection or credit reporting agency of your default in respect of any obligation under this Agreement and any failure to remedy such default after notification.
16. Assignment of Membership
16.1 We may assign or novate your Membership and this Agreement to a third party without your consent, including in connection with a sale or restructure of the business.
16.2 If we assign your Membership, we will provide you with twenty-eight (28) days’ written notice.
16.3 An assignment of your Membership does not void the terms of your Membership.
17. Consumer guarantees
17.1 The Australian Consumer Law gives you certain guarantees, including that our services will be rendered with due care and skill and will be reasonably fit for purpose.
17.2 If we breach those guarantees and you suffer reasonably foreseeable loss or damage, to the extent allowed by the Australian Consumer Law, we limit our liability to any one or more of the following (in our absolute discretion):
(1) the replacement of any products supplied;
(2) the repair of any products supplied;
(3) a refund of the Membership Fees paid; or
(4) payment of the cost of you obtaining equivalent services elsewhere.
17.3 The consumer guarantees may not apply in circumstances where:
(1) you simply change your mind after the 7 day cooling off period;
(2) you cause the problem yourself by misusing our products or services; or
(3) you request a service to be performed in a certain way against our advice.
17.4 Nothing in this Agreement is intended to exclude or restrict the application of any consumer protection laws that cannot be excluded.
18. Your acknowledgements and assumption of risk
18.1 You understand and acknowledge that:
(1) you use the Facility at your own risk;
(2) the use of sauna, cold plunge, hot spa, and any equipment within the Facility carries inherent risks, including but not limited to dehydration, burns, slips, falls, fainting, cardiovascular events, and exacerbation of pre-existing conditions, and you knowingly and freely assume all such risks;
(3) we are providing recovery and wellness services and may not be held liable for defective products or equipment that we have not manufactured;
(4) you will not hold us liable for any personal injury, damage or loss of belongings arising from our or our Staff’s negligence (save to the extent such exclusion is prohibited by law);
(5) whilst at the Facility you may, at times, be unsupervised, and you assume all risks associated with using the Facility without the aid or presence of Staff;
(6) you are responsible for hydrating, taking breaks, and exiting the sauna, plunge or spa promptly if you feel unwell; and
(7) we may cancel or suspend your Membership and exclude you from the Facility (temporarily or permanently at our sole discretion) for the reasons set out in clause 10.
18.2 By becoming a Member or using the Facility as a walk-in, you understand that this Agreement is legally binding.
19. Release and indemnity
19.1 You release and indemnify us, our related entities, our officers, agents, Staff, employees and contractors with respect to any injury, disability, death, loss or damage to person or property, whether arising from our negligence or otherwise, that may arise out of or in connection with your use of the Facility or your participation in any activity at the Facility.
19.2 To the extent permitted by law, we exclude any liability to you for any injury, loss or damage sustained by you or any other person, or any costs, charges or expenses incurred by you, arising from or in connection with this Agreement and/or the services provided by us, including any act or omission by us.
19.3 If any part of this Agreement is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction and the remainder of this Agreement has full force and effect.
20. Privacy
20.1 You agree that the information we collect and retain about you may be used in accordance with our Privacy Policy, which is incorporated into this Agreement by reference.
20.2 Our Privacy Policy is available at www.gordonsauna.com.au/privacy-policy.
20.3 You acknowledge that the Facility uses CCTV in non-private areas for security and monitoring purposes.
21. General provisions
Governing law
21.1 This Agreement is governed by the law in force in New South Wales, and each party submits to the exclusive jurisdiction of the courts of New South Wales.
Entire agreement
21.2 But for any additional agreement for treatment services you may have entered into with a practitioner, this Agreement constitutes the entire agreement between you and us regarding your Membership and supersedes all previous agreements, understandings and negotiations on that subject matter.
Waiver and severance
21.3 Failure by us to enforce any provision of this Agreement is not a waiver of that provision or our rights. If any provision is held to be invalid, unenforceable or illegal, that provision will be severed and the remaining provisions continue in full force and effect.