Terms & Conditions

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RECOVERY HAUS TERMS & CONDITIONS

INTRODUCTION
- This agreement sets out the terms and conditions upon which Recovery Haus Pty Ltd (ABN 73 683 259 421) t/as Recovery Haus [and its subsidiaries and affiliates in Australia] (collectively referred to as ‘us’, ‘we’ or ‘Recovery Haus’) agrees to supply the person named as the Participant (‘you’) with treatments or services offered by Recovery Haus (collectively, ‘Treatments’).
- These terms and conditions (‘Terms’) form a binding agreement (‘Agreement’) between the Participant or, if the Participant is less than 18 years of age (‘minor Participant’), the minor Participant’s parent or guardian.
- You acknowledge that you have the legal capacity to enter into this Agreement.

For parents or guardians of a minor Participant:
- You acknowledge and agree that you consent to the Terms of this Agreement on behalf of the minor Participant;
- You agree to indemnify and hold harmless Recovery Haus against any claims brought by the minor Participant asserting that they are a third party to this Agreement. This indemnity extends to all other indemnification obligations outlined in these Terms; and
- You consent to us engaging directly with the minor Participant for the purpose of administering Treatment as specified within these Terms.

These Terms should be read in conjunction with Recovery Haus’ Acknowledgement of Risks, Liability Waiver and Release & Indemnity, Privacy Collection Notice and Privacy Policy.

TREATMENTS
- Recovery Haus agrees to provide to you the Treatment as outlined in your booking during the allotted appointment time, as set out in these Terms.
- The Treatments we offer are set out on our website, recoveryhaus.com.au (‘Website’) and our mobile application (‘App’), and may change from time to time.
- Treatments are available for purchase in the form of single use, packs and memberships.
- Single use
  - Single use Treatment purchases are valid for three (3) months from the date of purchase.
- Packs
  - Packs of Treatments (available as 5, 10, 12, 20 Treatments per pack or such other number as may be offered by Recovery Haus) are valid for three (3) months from the date of purchase.
- Memberships
  - Recovery Haus has several membership options, conditions and offerings of each membership type are detailed on our Website and App.
  - Memberships have a 6-week minimum duration, after which they can be cancelled or suspended.
  - Membership fees are paid in advance by automatic debit payment on a weekly or monthly basis, depending on your membership type.
  - Suspension of membership
    - Memberships can be suspended (put on hold) after the initial 6-week period.
    - Suspensions require at least 5 days’ notice via email to accounts@recoveryhaus.com.au.
  - Cancellations
    - Memberships can be cancelled after the initial 6-week period.
    - Cancellations require at least 5 days’ notice via email to accounts@recoveryhaus.com.au.
    - You acknowledge that unless you provide written notice of cancellation, your membership fees will continue to be deducted automatically until you provide 5 days’ written notice of your intention to terminate your membership.
    - This Agreement will remain in effect until such time as the termination of your membership is confirmed in writing to you by Recovery Haus.
  - Transfers
    - Memberships are not transferable.
    - Treatment packs cannot be transferred to another person’s account.
  - Termination by Recovery Haus
    - If, acting reasonable, we determine that a participant has engaged in inappropriate conduct or behaviour that compromises the health, safety, or wellbeing of Recovery Haus members, other participants or staff, we may, at our absolute discretion, take action in relation to that participant’s access to Treatments. Actions that may be taken by Recovery Haus include suspension or termination of services to the participant.

BOOKINGS
- ACCOUNT CREATION
  - To book a Treatment through our Website or App, you will be required to register an account via our third-party booking platform Hapana.
  - By creating an account, you will be required to supply personal details, including but not limited to the participant’s name, email address, date of birth, addresses, phone number, bank account details, and any additional information as required, and you will be required to create a password.
  - You agree that all information provided to us during the account registration process will be accurate.
  - You agree to keep the personal details on your account up-to-date at all times during your membership or use of the Facility.
  - We reserve the right to suspend or terminate your account at any time, including but not limited to instances where these Terms are not adhered to.
- TREATMENT BOOKING
  - A participant is entitled to make one (1) booking for each type of Treatment offered by Recovery Haus per day. This limitation is imposed to ensure equitable access for all our members and participants to Treatments.
  - To secure a booking, you must first purchase the selected Treatment from our Website, App or at the front desk of the Recovery Haus Facility.
  - Treatment bookings, packages and memberships are not transferable.
  - Treatment bookings are scheduled to occur at the date and time you have chosen.
  - You must arrive at least 5 minutes prior to your appointment time.
  - If you arrive more than 10 minutes late for your scheduled Treatment time, you may not have time to complete the Treatment session.
  - If you are late for a scheduled Treatment, we reserve the right to shorten the time allocated for your Treatment so that it concludes at the scheduled time, notwithstanding if you have paid for a Treatment which would usually take a particular period of time.
- TREATMENT CANCELLATION
  - If you book a Treatment and subsequently cancel it with less than 6 hours’ notice, the cost of your Treatment is not refundable.
  - Refund requests will be reviewed at management’s absolute discretion.
- TREATMENT RESCHEDULING
  - Treatments may be rescheduled with at least 6 hours’ notice.

PAYMENT
- Prices
  - All prices on our Website and App are in Australian Dollars and include GST.
  - The price displayed during the checkout process is the total cost of the product or Treatment.
  - Prices are subject to change without notice.
- Payments
  - You must pay for a Treatment at the time of booking.
  - Payment may be made by credit card, debit card, gift card, deduction from a pre-paid Treatment package or such other method of payment authorised or made available by Recovery Haus.
  - We use third-party payment providers to collect payment for our products and Treatments.
  - The processing of these payments will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the payment provider.
  - In the event that payment is made with a credit card, we reserve the right to charge credit card surcharges.
  - We reserve the right to charge you a reasonable processing fee in the event of dishonour of your direct debit or any failed payment.
- Overdue Membership Payments
  - If you select a membership package, you agree to ensure that you have sufficient funds in your relevant account to permit a debit payment to be made in accordance clause 2.6.3.
  - To use the Facility as part of a membership package, your payments on your account must be up to date. You will not be permitted to book any Treatment until all outstanding fees are paid.
  - Our system will attempt to process an overdue payment two (2) times following a failed attempt, and should fees remain unpaid after 2 attempts at payment, your membership will be terminated.
- Gift cards
  - Gift cards may be purchased on our Website, App or at our Facility, and are redeemable through the checkout process when booking a Treatment.
  - Gift cards are valid for 3 years from the date of purchase.
  - Gift cards cannot be exchanged or redeemed for cash.
- Discount codes
  - Promotional materials and discount codes (‘Vouchers’) may be offered by Recovery Haus from time to time.
  - To redeem a Voucher, the applicable code must be entered during the checkout process for booking a Treatment.
  - A Voucher can only be applied at the time of booking a Treatment, and not retroactively applied to existing bookings.
  - Vouchers are non-transferable and cannot be exchanged for cash or credit.

PARTICIPANTS’ OBLIGATIONS
- AGE
  - All members and participants at Recovery Haus must be 16 years of age in order to participate in a Treatment or use the Facility.
  - Members and participants under the age of 18 may only participate in a Treatment or use the Facility with the consent of a parent or legal guardian.
- GUESTS
  - The Facility is for the enjoyment of members and participants who have booked Treatments, and you agree not to permit or otherwise allow any third party to access the Facility without our prior written consent.
  - A member or participant may not bring any guests to Recovery Haus unless each guest is booked into a Treatment on the date of attendance.
- CHILDREN
  - For the safety and comfort of our staff, members and participants, children under 16 years of age should not accompany you to your appointment.
- CONDITIONS OF ENTRY
  - You must check in at reception upon every visit for your scheduled booking.
  - We may temporarily close the Facility from time to time, during which time you are not permitted to enter the Facility. We will endeavour to provide you with reasonable notice of any proposed closure.
  - You agree to only use the equipment and the Facility in the manner for which it is designed and for its intended purpose, and use it in accordance with the instructions, requirements, and policies of Recovery Haus, as communicated to you.
  - You agree to obey all signs displayed at the Facility and follow all reasonable requests and directions by our staff.
  - We reserve the right to refuse entry to any person, including a member or participant, who does not comply with these Terms.
  - If you do not comply with these Terms, we reserve the right in our absolute discretion to ask you to leave the Facility, remove you from the Facility (using reasonable and proportional force if required), prohibit you from re-entering the Facility, suspend or cancel your membership (if applicable) or report you to an appropriate authority or law enforcement body.
- BEHAVIOUR
  - We are committed to fostering a safe, respectful and inclusive environment where all participants can enjoy our facilities and community. To uphold these standards, you agree to refrain from any conduct, whether through actions or language that is:
    - Unlawful, discriminatory, aggressive, threatening, abusive, defamatory, offensive, vulgar, indecent, sexually explicit, or otherwise inappropriate.
    - Likely to cause another person to feel unsafe, whether explicitly or implied.
  - We maintain a zero-tolerance policy for inappropriate conduct, including any form of sexual harassment or discrimination. Any participant who experiences inappropriate conduct should report it immediately to a Recovery Haus employee or email grant@recoveryhaus.com.au.
- HEALTH AND SAFETY
  - You acknowledge and agree that you must not participate in any Treatment while under the influence of drugs, alcohol or substances that may in any way affect your participation in the Treatment or use of the Facility, your safety, or the safety of others.
  - You acknowledge and agree that you have the requisite physical and mental health and ability for the proper and safe use of the Facility and participation in any Treatment that you have booked.
  - Before participating in any Treatment, you agree that you have no contraindications to the Treatment you intend to participate in.
  - You acknowledge that it is your responsibility to seek medical advice from a qualified health professional should you have any concerns with participating in any Treatment at the Facility.
  - You agree to wear clean clothing that is appropriate for the Treatment you are undertaking.
  - You are required to bring a clean towel to your session. If you do not have a towel you can hire one from reception.
  - You must shower prior to participating in ice bath therapy.
  - The following conditions apply to use of the Group Contrast room and surrounding area:
  - You must follow all signage displayed;
  - You must not run around or jump in the ice baths;
  - You must not consume food or drink from glassware.
  - You must not bring any belongings with you into the sauna other than your towel, as belongings such as books, oils or cosmetic products may be a fire hazard.
- PHOTOGRAPHY & VIDEOS
  - Participants must respect the privacy of others when recording or taking photographs. If requested, you must refrain from capturing images or videos that include others.
  - It is strictly prohibited to take photographs or videos in the toilets and shower areas.

PERSONAL BELONGINGS
- Recovery Haus is unable to look after your personal belongings while you are at the facility.
- Lockers located in the Group Contrast room are available for use by participants at the Facility.
- Recovery Haus does not accept any liability in relation to any damage or theft of your personal property, whether or not your property was located in a locker.
PRIVACY
- You acknowledge and agree that your personal information will be used in accordance with our Privacy Policy.
- Closed Circuit Television (CCTV) is used throughout the Facility (other than the bathrooms) to ensure the safety and wellbeing of our staff, members and participants.
- By entering Recovery Haus, you consent to being filmed on CCTV for these purposes and understand this information will be stored accordance with our Privacy Policy.
- By signing this Agreement, you consent to Recovery Haus using your photograph or video for promotional purposes, and you assign your rights in any of these material to us unless you provide written notice to us stating otherwise.

ASSUMPTION OF RISKS, LIABILITY WAIVER, RELEASE & INDEMNITY
- You acknowledge and agree that participating in Treatments and use of the Facility involves inherent risk, including bodily injury, property damage or death.
- You acknowledge and agree that you will not be permitted to use the Facility or participate in a Treatment until you have signed, or if you are a minor Participant, until your parent or guardian has signed, Recovery Haus’ Acknowledgement of Risks, Liability Waiver and Release & Indemnity (‘Waiver’).
FORCE MAJEURE
- Neither party shall be liable under this Agreement for any loss or damage caused by a Force Majeure event.
- Force Majeure refers to an event or circumstance beyond the reasonable control of the affected party that directly or indirectly prevents or delays a party from fulfilling its obligations under this Agreement.
- For the purpose of this Agreement, Force Majeure events include:
  - acts of God and natural disasters;
  - Government actions or changes in law that impact our operations;
  - declared pandemics or epidemics;
  - electrical, technical, mechanical issues with the Facility;
  - acts of war or terrorism, civil war, unrest, riots;
  - strikes or lockouts by employees.
- If we become wholly or partially unable to fulfill an obligation under this Agreement due to a Force Majeure event, we will provide you with a written notice detailing:
  - Information regarding the event and its impact on our operations;
  - Our anticipated response to the event; and
  - The expected extent of any inability or delay in fulfilling our obligation/s.

NOTICES
- A notice to either party under this Agreement must be in writing, in English, and delivered via email.
- For the purpose of this clause 10:
  - The email address for Recovery Haus is hello@recoveryhaus.com.au;
  - The email address for you is the email address associated with your Recovery Haus account.
- A notice sent by email within normal business hours is considered to have been received immediately upon sending unless the sender receives notification that transmission has failed. A notice sent by email outside of normal business hours, is regarded as received at 9:00am on the next business day.
SEVERABILITY
- Any provision of, or the application of any provision of, this Agreement which is void, illegal or unenforceable, either wholly or partially, does not affect the validity, legality and enforceability of the remaining provisions of the Agreement.
WAIVER TO BE IN WRITING
- Failure by Recovery Haus to exercise or enforce, or a delay in exercising or enforcing, any right, power or remedy provided by this Agreement or by law will not in any way preclude or operate as a waiver of the exercise or enforcement of that or any other right, power or remedy.
- A waiver given by Recovery Haus under this Agreement is only effective and binding on Recovery Haus if it is given or confirmed in writing by us and expressed as a waiver.
- No waiver by us of a breach of any term of this Agreement will operate as a waiver of another breach by you of that term or of a breach of any other term of this Agreement.
AMENDMENT
- Recovery Haus reservices the right to amend these Terms from time to time at its absolute discretion.
- Any amendments to these Terms will be communicated to you via email.
- You acknowledge and agree that if you continue to use the Facility and Treatments after the effective date, you agree to be bound by the amended Terms.
ASSIGNMENT
- The Terms of this Agreement are binding on each party.
- A party cannot novate, transfer or assign any rights or obligations without the written consent of the other party.
GOVERNING LAW
- This Agreement is governed by and will be construed in accordance with the laws of Western Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of Western Australia and the courts competent to determine appeals from those courts.
COMPLAINTS AND DISPUTE RESOLUTION
- Complaints about your Recovery Haus experience should be communicated to a Recovery Haus employee, or via email to grant@recoveryhaus.com.au
- The process outlined in this clause will apply to any dispute between the parties to this Agreement concerning or in connection with Treatments, use of the Facility, this Agreement (including its validity, construction, meaning, operation or effect, or alleged breach of any term/s) or the terms of any other Recovery Haus policy, or the rights, duties or liabilities of either party in relation to the provision of Treatments, use of the Facility, this Agreement or any other Recovery Haus policy.
- The aggrieved party must first provide notice in writing of the dispute to the other party in accordance with clause 10.
- Within 14 days of notice of the dispute being provided, the parties are to meet (whether in person or virtually) and endeavour to resolve the dispute.
- If the parties are unable to resolve the dispute within 28 days of notice being provided in accordance with clause 16.3, either party may commence legal proceedings.

ACCEPTANCE OF AGREEMENT

By signing below, I acknowledge and agree that I have carefully read and understood the terms of this Agreement, and I agree to be bound by its terms.

Date:

Participant Full Name:

Name of Parent or Guardian (if Participant is under 18 years of age):

Signature of Participant / Participant’s parent or guardian (if Participant is under 18 years of age):

Relationship to Participant (if Participant is under 18 years of age):

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