Terms and Conditions

Product Disclosure Statement for Aquarius Health and Medispa February 2020

Product Disclosure Statement for Aquarius Health and Medispa February 2020

TERMS AND CONDITIONS RELATING TO MEMBERSHIP AT AQUARIUS HEALTH & MEDISPA – 10 PASS GYM AND SPA

Club Etiquette

In signing the membership agreement (on the application form) the member always agrees to read and abide by the rules contained within the membership agreement and to the signage within the premises.

  1. Members must conduct themselves in a manner which will not cause discomfort or harm to themselves, other members or staff. Foul language, inappropriate and offensive behaviour will not be tolerated and may result in immediate cancellation of membership without notice.
  2. There is a zero tolerance of sexually inappropriate behaviour within the premises. Offenders may be handed on to the police.
  3. Members are asked to respect the privacy of other members. Use of electronic devices such as mobile phones, laptops, photographic or recording devices etc. are prohibited in the change rooms and bath house facilities.
  4. Please refrain from using mobile phones other than in the reception area as other guests may be enjoying some relaxation time in the Day Spa area.
  5. The Member should immediately notify a member of staff if they are injured or if there are any changes to their health that may impact their ability to continue their exercise program or use the facilities provided at Aquarius Health and Medispa.
  6. Members must present their membership card on arrival; admittance will be declined unless card is presented.
  7. One locker is provided for your personal use each visit. It is compulsory to exchange your membership ID card/ item of personal value for the locker key.  Please ensure to take your belongings each time you leave. Belongings cannot be stored if you leave the premises.                                               
  8. Any breakage or damage to equipment must be reported to a staff member.

Lost or stolen 10 Pass Cards

Treat your 10 Pass Card like cash. Lost or stolen 10 Pass Cards will not be replaced or refunded.

Your 10 Pass Card, your responsibility

You are responsible for the use and safety of your 10 Pass Card.

The 10 Pass Card is to be used by the owner only, and cannot be shared with any other individuals.


Expiry of 10 Pass Cards
Your 10 Pass Card will be valid for use for one (1) year from the date of issue (or as otherwise extended by us) after such time it will be invalid. You should use all the remaining 10 Pass Card before the expiry date.

TERMS AND CONDITIONS RELATING TO MEMBERSHIP AT AQUARIUS HEALTH & MEDISPA – 12 MONTH GYMS AND SPA MEMBERSHIPS

General Terms of Agreement

  1. This is an agreement between the forenamed member herein referred to as “the member” and Aquarius Health Spa Pty Ltd herein referred to as “Aquarius Health and Medispa”.
  2. To join as a member you will be required to complete a membership agreement. You should keep a copy of the signed agreement for your own records.
  3. Your membership is an arrangement between you and Aquarius Health Spa Pty Ltd as specified in your membership agreement.
  4. Once you have read the membership agreement and signed the application form to state that you have understood the terms and conditions, you have agreed to a binding contract.
  5. If upon reading the full details of this product disclosure statement you no longer wish to be a party to the contract, you may utilise the cooling off period outlined in the clause under the same name.
  6. Aquarius Health and Medispa retains the right to use any of your prior membership information when joining.
  7. All outstanding monies from previous memberships with Aquarius Health Spa Pty Ltd must be paid in full before another membership can be entered.
  8. Aquarius Health and Medispa may refuse to accept an agreement of membership at the sole discretion of management.
  9. Aquarius Health & Medispa takes no responsibility for the loss or damage of your personal belongings.

Club Etiquette

In signing the membership agreement (on the application form) the member always agrees to read and abide by the rules contained within the membership agreement and to the signage within the premises.

  1. Members must conduct themselves in a manner which will not cause discomfort or harm to themselves, other members or staff. Foul language, inappropriate and offensive behaviour will not be tolerated and may result in immediate cancellation of membership without notice.
  2. There is a zero tolerance of sexually inappropriate behaviour within the premises. Offenders may be handed on to the police.
  3. Members are asked to respect the privacy of other members. Use of electronic devices such as mobile phones, laptops, photographic or recording devices etc. are prohibited in the change rooms and bath house facilities.
  4. Please refrain from using mobile phones other than in the reception area as other guests may be enjoying some relaxation time in the Day Spa area.
  5. The Member should immediately notify a member of staff if they are injured or if there are any changes to their health that may impact their ability to continue their exercise program or use the facilities provided at Aquarius Health and Medispa.
  6. Members must present their membership card on arrival; admittance will be declined unless card is presented.
  7. A fee of $15 will be charged for the issue of a replacement card if the card has been lost.
  8. One locker is provided for your personal use each visit. It is compulsory to exchange your membership ID card/ item of personal value for the locker key.  Please ensure to take your belongings each time you leave. Belongings cannot be stored if you leave the premises.                                               
  9. All free weights and moveable equipment must be returned to its correct storage place. Equipment must not be left on the floor as this is a safety issue and will be strictly enforced.
  10. Any breakage or damage to equipment must be reported to a staff member.
  11. Aquarius Health & Medispa reserves the right to cancel membership with no further charges being incurred if it considers there has been a breach of the rules contained in the Membership Agreement.
  1. Cooling Off Period
    1. If you change your mind after joining, you have 7 days to cool off or cancel your Membership starting on the Start Date. To be effective, you must let us know in writing at any time during this 7-day cooling off period. Your written cancellation can be given to us personally, by post or by e mail.
    1.  If you cancel your Membership under clause 1.1, you will be required to return your membership card within 7 days of termination of this agreement. We will charge you the Membership Card Fee ($15.00) and administration fee ($15.00) if the card is not returned within this time.
  • Putting your membership on hold
    •  You may temporarily suspend or freeze your Membership for any reason if your account is up to date and if it has more than 2 weeks left. In any 12-month period you may freeze your Membership 2 times for up to 2 months for both periods combined.
    • We may agree to freeze your Membership for more than the period noted in clause 2.1. for travel, medical or hardship reasons but you must give us proof (such as supporting documents) to our reasonable satisfaction.
    • Request must be put in writing to Aquarius Health and Medispa, a minimum of one week prior to the required deferral date. A freeze fee of $10 is applicable for each suspension.
    • While your Membership is frozen, the Minimum Term will be extended for the same time as the freeze period. Direct Debit payments that fall in the freeze period will also be frozen or discounted accordingly (except the Freeze Fee).
    • Deferrals cannot be backdated at any time.
  • Transfer of Membership
    •  Memberships that have been paid for upfront, in full can be transferred to another non-member. The transfer will not be accepted and processed until the applicable fee ($99.00) has been paid to Aquarius Health and Medispa. The fee paid for this transfer covers the cost of induction for the incoming member.
  • Cancellation & Refund Policy
    • You may cancel your membership during the cooling off period as specified above.
    • Cancellation for any other reason; you may terminate your membership agreement before the expiry of the Minimum Term if all instalments and fees are up to date of termination are paid and the relevant cancellation fee is paid in full at time of cancellation request. The cancellation fee, if more than 6 months remaining on the Minimum Term of the agreement, is $245 and, if there is less then 6 months remaining on the Minimum Term of the agreement, is $195 or the amount of the future membership fees payable – whichever is the lesser.

4.3 One months’ notice is required to cancel membership of 12-month duration; the cancellation request must be received by Aquarius Health and Medispa in writing with 30 days’ notice.

  • Methods of cancellation:
  • Memberships cannot be cancelled verbally. It is your responsibility that Aquarius Health and Medispa receive notification of your intention to cancel in writing;
  • Recollections of verbal conversations either face to face or via telephone cannot be taken into account or will not be considered.
    • You will be entitled to use the Aquarius Health and Medipsa for the full period paid up to.
    • Extenuating circumstances requiring cancellation of membership will be at the discretion of management.
  • Amendments to services
    • Aquarius Health & Medispa may from time to time alter the opening hours, the group fitness timetable, the facilities, items of equipment or any of the products and services offered or provided at its sole discretion.
    • Any such changes will be notified to you by prominently displaying the details of alteration in the reception area or via email or on our website.

6. SECURITY

6.1 24 Hour CCTV

Club premises have CCTV security cameras recording 24 hours a day (except in Bath House area, changing rooms and treatment rooms) and may have remote video or other guarding services. This system is used for security purposes but does not guarantee against harm. You should contact the Club if you have questions on this.

6.2 Be cautious

You must be cautious when entering, leaving a Club and using the Club.

6.3 Following Directions

You agree to follow any reasonable direction of a member of Club staff relating to health, safety or security or related matters.

7. DIRECT DEBIT

7.1 Direct Debit Payment Agreement

(a) If you pay any Fees, including ongoing Membership Fees, by direct debit, then this will be through our Biller (not us).

(b) You will be provided with a copy of Direct Debit Payment Agreement of the Biller which applies to any direct debit services. The Direct Debit Payment Agreement, which we are not a party to, is entirely separate to this Agreement.

7.2 Authority to deduct Fees

By nominating a credit or debit account, you authorise our Biller, to deduct from that account all Fees and other charges you are responsible for under this Agreement. You must keep your account details up to date.

7.3 Late or rejected direct debit payments

(a) You must ensure there is enough money in your nominated account on the usual payment, or the next working day if that falls on a day when banks do not process payments.

(b) If there is not enough money in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited (except one within the Biller’s control), you will be charged the Biller’s Administration Fee ($15.00). This will be added to your next debit amount. Prior arrears may also be included.

(c) You authorise our Biller to deduct any unpaid arrears outstanding on your account.

(d) Your bank or credit provider may charge you a fee for overdrawing your account if you do not have enough money in your account when payment is due.

8. OTHER SERVICES

8.1 There may be other services, including personal training services, offered at Clubs by us, contractors, licensees and others which are offered separately and/or in addition to services provided under this Agreement. You will need to pay applicable fees directly to the providers of the services and agree to separate terms and conditions.

8.2 We are not responsible for these third party provided services including fees or any associated costs claims or refunds, unless they are provided by us.

9. CHANGES TO YOUR AGREEMENT

9.1 We may sometimes make changes to this Agreement, including our Club Rules. If we do this, we will try to do this fairly and by giving you 30 days’ notice.

9.2 We will make reasonable efforts to tell you of any change in advance and tell you when it will take effect. Subject to other Terms, the effective date will generally be at least 30 days from the date we tell you about the change unless it is not practical for us to tell you at this time. Your Membership will be amended from the effective date.

10. OUR LIABILITY TO YOU

10.1 Statutory guarantees

(a) Under the ACL we guarantee that the services we supply:

                (i) are provided with due care and skill;

                 (ii) are reasonably fit for any purpose you have told us you are using the services for or told us you wish to     achieve; and/or

                (iii) are supplied in a reasonable time.

 (b) Under certain legislative provisions, however, we can ask you to accept some limitations to the ACL guarantees.

 (c) If you sign this Agreement, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees.

(d) This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).

10.2 Other implied terms

Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, but subject to clause 10.1, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.

Risk and Liability

  1. Aquarius Health & Medispa takes no responsibility for the loss or damage of your personal belongings.
  2. Aquarius Health & Medispa, by way of this statement, takes no responsibility for any injury or death that takes place through use of the facilities. By way of this Product Disclosure Statement, we declare Aquarius Health &
  3. You release Aquarius Health and Medispa and its related entities and representatives from any liability or claims relating to and not limited to:
  4. Any personal injury;
  5. Loss or damage of personal property;
  6. Any breach of your obligations
  7. You indemnify Aquarius Health and Medispa and its related entities and representatives against:
  8. All losses they incur
  9. All liabilities they incur
  10. All costs payable by Aquarius Health and Medispa and its related entities and representatives which relate to:

– Any personal injury;

– Any loss or damage to personal injury;

– Any breach of your obligations

  • Acceptance of these terms and conditions is your waiver to any such claims against Aquarius Health and Medispa and its related entities and representatives.
  • If you do not accept the terms and conditions of both the Membership Agreement and the Product Disclosure Statement you cannot be a member of Aquarius Health and Medispa.

12. YOUR RESPONSIBILITY FOR DAMAGE

You agree to pay for any loss or damage to the Club or the Facilities and Services caused by you or your guests through a wilful, wrongful or negligent act or as a result of your, or their, breach of this Agreement.

13. CLUB CLOSURES

(a) We may need to close our Club for a period, for example, due to an emergency, or if required by a court order or by law.

(b) We may close our Club up to 14 days in any 30-day period under clause 13(a) and keep charging Membership Fees.

 (c) If we close the Club for between 15 and 30 days under clause 13(a) in any 30-day period, clause 13(e) applies.

(d) We may also close the Club for up to 30 consecutive days if it is being refurbished or relocated. (e) If we close the Club under clause 13(c) or 13(d), we may keep charging Membership Fees if you are able and willing to use another Club. If you are not able or willing to use another Club, we will freeze your Membership at no cost to you and extend your Agreement for a time equal to the closed period.

(f) We will try, but cannot promise we will be able, to tell you about any Club closures in advance.

Breach of Contract

You may cancel your membership at no charge if Aquarius Health and Medispa is in ‘fundamental breach’ of the membership agreement. Examples of when this may happen are, but not limited to:

  • When Aquarius Health and Medispa has completely failed to provide services paid for, for a period longer than 14 days without appropriate communication and without fair compensation, such as deferring payments.
  • When you have provided notice in writing to Aquarius Health and Medispa of a breach of contract and there has been no response within 14 days.

Aquarius Health and Medispa may cancel your membership after a warning has been given to you if you are in ‘fundamental breach’ of your membership agreement, which can occur by:

  • Failure to comply with the Club Etiquette Policy which is not rectified within 14 days of written notification of the breach.
  • Ongoing failure to comply with the Club Etiquette Policy beyond initial 14-day resolution.

 Aquarius Health and Medispa has the right to terminate this agreement immediately without compensation to the member if any of the following serious breaches occur:

  • Abuse or threats to other members or staff – either physical or verbal
  • Any behaviour that is deemed to bring Aquarius Health and Medispa into disrepute.

This includes:

  1. Inappropriate use of websites/chat sites.
  2. Conduct of illegal activities at Aquarius Health and Medispa, including but not limited to theft and prohibited drug use or sales.
  3. Inappropriate and sexual behaviour.
  • MINIMUM AGE

For safety and security reasons you must be at least 18 years old to become a Member.

Treatments and Pricing
Aquarius Health and Medispa (Aquarius) reserve the right to change the prices and treatments at any time.

Payment at Time of Service:
You are responsible for ensuring that payment is made for your account by either cash, Eftpos or credit card payment. If for any reason your chosen method of payment is declined we may enter into agreed bank transfer as agreed by informed written consent at the time of your appointment. If you default on paying your account, interest on overdue invoices shall accrue daily from the date of your treatment. This shall be calculated at a rate of 5% per calendar month and such interest shall compound monthly at this rate until any judgement or full payment of invoice is made. If you default on any agreed payment plan of any outstanding invoices, Aquarius will be indemnified against any debt including legal costs, which include Aquarius’ and your own solicitor, and any Debt Collection Agency costs.

Treatment/Services Fees
Treatment/Services fees vary according to the treatments/services provided. Prices of treatments/services may change from time to time. Expiry of special offers is non-extendable. Birthday vouchers must be redeemed within the expiry date of the declared anniversary.

Refund Policy
Refunds at Aquarius will be actioned on a case-by-case basis depending on the request and as required under Australian Consumer Law.

Credit Card Levy
Payments made by credit card will incur the current credit card surcharge at time of payment.

Booking and Cancellation Policy
We require 24 hours’ notice to cancel your appointment. Cancellation fees may be levied if the guest is unable to attend on the day of the booking. Credit card details are required at time of booking to hold and confirm the allotted treatment time. If for any reason 24 hours of notice of cancellation is not received by Aquarius we reserve the right to charge your credit card with full or partial treatment fees to the provided credit card. Cancellation fees are necessary when it is not possible to fill the vacancy caused by the cancellation. Deposits are required for group bookings.

Spa Etiquette
A spa is a place of relaxation and tranquillity, we therefore request that all guests consider the privacy and quiet of other spa guests. The use of mobile phones is not permitted beyond the reception area of the spa. We ask that all communication devices are turned off or placed on silent and left in lockers. Persons from 16 years and above are able to enter our Spa facilities and enjoy treatments. All guests are required to shower prior to the use of bathhouse and/or pool facilities. The use of illegal drugs and lewd behaviour on the premises is prohibited. Intoxicated individuals will not be permitted entry and the consumption of alcohol on the premises is subject to the regulations as stipulated by the Office of Liquor, Gaming and Racing. Aquarius reserves the right to refer any such matter to the authorities for prosecution. We reserve the right to refuse service to anyone deemed to be abusive, aggressive, or for behaving in any way that we deem may put our staff, guests or property at risk, or for any other reason. In the event this happens, the booking may be terminated at any point before or after the booking time without refund.

Photography
No photography, audio or visual recording is permitted on the premises without the prior written consent of Management.

Check in
In order to ensure that you receive your full allocated treatment time, we advise that you arrive at least 15 minutes prior to your scheduled appointment. For first time guests we will need to gather your personal information to best tailor your spa experience.

Valuables
Management accepts no responsibility for the loss of money or valuables brought onto the premises. Whilst lockers are provided we recommend leaving all valuables at home.

Parking
While enjoying any of the services at Aquarius or Cosmetic Image Clinics we are able to offer our guests reduced parking rates at Four Points by Sheraton at 99 Mary Street. Simply ask us to validate your ticket after your appointment. Parking is subject to terms and conditions of Four Points by Sheraton and ticket must be validated by Aquarius Health & Medispa to receive special rate.

Health Considerations
Guests must advise therapists of any health conditions that may influence their treatment, such as heart conditions, high blood pressure, allergies, or pregnancy. We advise that you consult your doctor prior to your spa treatment. Some treatments cannot be performed during the first trimester of pregnancy. Spa guests are reminded of their obligations under the law to bring to the attention of management any medical condition which may present a public health risk.

Privacy Policy
Click here to read the Aquarius Health and Medispa Privacy Policy.

Created by Aquarius Health SPA Trust – as at November 2016.

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