(a) This Agreement applies to you, when you purchase a Membership, receive the Services, participate in the  Studio Activities, or attend the Studio.  

(b) By purchasing a Membership, receiving the Services, participating in the Studio Activities, or attending the Studio , you agree to be legally bound by this Agreement.

(c) We reserve the right to alter the terms of this Agreement from time to time. If we wish to vary the Agreement, we will provide you with 14 days’ written notice. If you do not agree to the variation of the Agreement, you can cancel the Membership under clause 4.3.

(a) You are only permitted to purchase a Membership, receive the Services, participate in the Studio Activities, or attend the Studio if you are 18 years or over unless we otherwise agree.

(b) Where you are 16 or 17 years of age and we are agreeable to you receiving the Services, participating in the Studio Activities, or attend the Studio , the Parent Consent Form must be signed by you and your parent or other legal guardian.

(c) Use of the Infrared Sauna and Ice Bath is for strictly 18 years or over.

(a) Prior to joining SKUHLPT, we will request specific information from you, including valid photo identification, your full name, address, phone number, date of birth, details of pre-existing health conditions and your preferred method and nominated bank account for payment of the Membership Fees.  

(b) A 7-day cooling off period applies to this commencing on the first date of your Membership Agreement (Cooling Off Period), during which you may cancel this Agreement effective immediately by providing written notice to us (email to suffice).

(c) If you cancel your Agreement during the Cooling Off Period, we will refund all Membership Fees already paid but retain the Fees for sessions that have been attended.

You acknowledge and agree to the following:

(a) We may remove or replace any equipment at the  Studio.

(b) We reserve the right in our absolute discretion to refuse you entry to or eject you from our Studio, including if you:

• Fail to provide us with a valid and acceptable form of identification;

• Are under the age of 18 years old subject to clause 2(b); or

• Breach a term of this Agreement.

(c) We reserve the right to cancel or reschedule Classes/Sessions, or to close the Studio during certain periods (including due to Force Majeure Events, during holiday periods, renovations and maintenance and repairs) without liability to you for any associated Loss you may incur in relation the cancellation, reschedule or closure.

(a) You must not copy, reproduce, sell, distribute, license, or otherwise use our Intellectual Property without our prior written consent, which may be withheld by us in our absolute discretion.

(b) Where you make a recording or take a photograph without permission in breach of clause 6(g) (Infringing Content), you confirm that the Intellectual Property Rights in the Infringing Content will automatically vest upon creation in us and will be our exclusive property throughout the world in perpetuity or is otherwise assigned by you to us. You agree to execute any document as required by us to confirm our ownership in any Infringing Content.

(c) Unless you otherwise advise us in writing, whereby this clause 8(c) will not apply to any Content created by us after this notice, you consent to us making recordings and taking photographs of you at our Studio or otherwise taking part in our Services online or in person (Content), and using the Content for promotional purposes associated with us and/or SKUHLPT, including online via our Website and social media pages and on printed materials.

(a) We will collect, use, and disclose any personal information you provide in accordance with the privacy policy on our Website (Privacy Policy).

(b) For information on our information collection and handling practices, please refer to our Privacy Policy.

(a) By participating in any Class or Session, you warrant that you have no medical or physical conditions that you are aware of that may affect your ability to safely participate in any Class or Session.

(b) If you have any current medical or physical conditions, it is your responsibility to ensure that you have permission from your doctor or treating practitioner to safely participate in any Class or Session.

(c) It is your responsibility to let us know if you have any medical or physical conditions that may affect your ability to safely participate in any Class or Session. If your medical or physical condition changes at any point in time after purchasing our Services, or during your taking part in our Services, it is your responsibility to let us know.

(d) If you are pregnant, it may be possible for you to take part in Classes, subject to the following terms:

• Prior to you participating in any Class or Session, you should consult with a licensed medical practitioner and/or obstetrician to receive an assessment of any medical, obstetric, or other health risks associated with you participating in that Wellness Studio Activity.

• We may request, in our discretion, written consent from your medical practitioner and/or obstetrician, consenting to you participating in any Class or Session.

• If we request written consent in accordance with clause 10(d)(ii) above and you cannot or do not provide it, we may refuse your request to participate in any Class or Session.

• You agree to take special instructions from our teachers and adapt your participation to suit; and

• Notwithstanding the above clauses 8(d)(i)-(iv), we reserve the right to refuse your request to participate in any Class or Session, in our discretion.

(e) If you have given birth within the last 9 weeks, you may participate in any Wellness Studio Activity subject to the following terms:

• Prior to you participating in the Class or Session, you must consult with a licensed medical practitioner and/or obstetrician to receive an assessment of any medical, obstetric, or other health risks associated with you taking part;

• Prior to you participating in the Class or Session, you must provide us with written consent from your medical practitioner and/or obstetrician, consenting to you participating in the Class or Session;

• If you cannot or do not provide the written consent required under clauses 10(e)(i) and 10(e)(ii) above, we may refuse your request to participate in the Class or Session;

• You agree to take special instructions from our teachers and adapt your participation to suit; and

• Notwithstanding the above clauses 8(e)(i)-(iv), we reserve the right to refuse your request to participate in the Class or Session, in our discretion;

(f) We further reserve the right to refuse you the ability participate in any Class or Session if it appears to us that your medical or physical condition would make it unsafe to do so.

(a) SKUHLPT premises (except in bathrooms) are monitored by CCTV security cameras. These security systems are intended to keep the Studio and its Members safe, but they do not guarantee against harm.

(b) By entering our facilities, you consent to being filmed under CCTV for these purposes and understand that we will only use and store your image in accordance with our privacy policy.

(a) You acknowledge and agree that whilst we take all reasonable steps to ensure that the Services provided by us are safe, there are some significant and inherent risks for you in participating. 

(b) As a condition of being granted a Membership and participating in any Class or Session, you agree to sign (or otherwise accept) the Waiver prior to participating for the first time or as otherwise requested by us.

(c) As a means of mitigating risks to health, we may from time to time introduce reasonable health and safety measures (such as temperature checks before entry to our premises). We reserve the right to refuse you entry to the  Studio if you refuse to comply with any reasonable health and safety measures we impose.

Australian Consumer Law

(a) Subject to the terms and conditions of the Waiver, you retain all rights under the Australian Consumer Law in relation to your Membership and the Agreement.

(b) Subject to the terms and conditions of the Waiver, nothing in this Agreement will limit, restrict, or exclude any consumer guarantees under the Australian Consumer Law (or any other law). 

Limitation of liability

Subject to clause 13.1 and to the extent permitted by law, you agree:

(a) We (and our Representatives) will not be liable and exclude all liability (whether arising under this Agreement, in tort, equity, statute or in any other way) for all Loss sustained by you in relation to you participating in any Studio Activities or attending the Studio or the inability to participate in any Class or Session. 

(b) We (and our Representatives) will not be liable and exclude all liability (whether arising under this Agreement, in tort, equity, statute or in any other way) for all Loss sustained by you, due to any act or omission by our sub-contractors who may assist us to supply the Services.

(c) You release us (and our Representatives) from all Claims (whether arising under this Agreement, in tort, equity, statute or in any other way) you may have against us and our Representatives in connection with this Agreement or you otherwise participating in any Class or Session. 

(d) If we are found to be liable to you under this Agreement or otherwise, to the extent permitted by law, then our maximum aggregate liability will not exceed the total fees paid to us in relation to your purchase of and/or taking part in our Services during the past 12-month period.

(e) Subject to clause 13.1, we are not liable for any Loss you may suffer in relation to this Agreement, where the Services are restricted or impacted by a Force Majeure Event.

Indemnity

You indemnify us and our Representatives against all Claims and Losses (excluding any Consequential Loss) incurred by us or our Representatives arising out of or in connection with:

(a) Any death of, or injury to, any person and any loss to the property of any person, caused by a negligent or unlawful act or omission of you in relation to your purchase of and/or taking part in our Services; or

(b) any breach of this Agreement by you.

We indemnify you against all Claims and Losses (excluding any Consequential Loss) incurred by you arising out of or in connection with any breach of this Agreement by us.

(a) Capitalised words may be defined in the Definitions section or the body of this Agreement.

(b) This Agreement forms the entire agreement between the parties as to its subject matter and changes to this Agreement must be agreed in writing by the parties.

(c) This Agreement will be governed by the laws of Western Australia, Australia. The parties agree that the courts of Western Australia, Australia (or where applicable, the Federal Court of Australia) will have exclusive jurisdiction of this Agreement.

(d) Unless expressly allowed in this Agreement or with our consent, you must not assign or novate this Agreement to another person.

(e) You agree that you will not disclose any of our Confidential Information which you acquire in relation to this Agreement without our consent, except that the Confidential Information may be disclosed to your representatives on a ‘need to know’ basis, to your professional advisors and as required by law.

(f) If the whole or any part of this Agreement is void, unenforceable or illegal, it will be severed, and the remainder of this Agreement will continue in full.

(g) The following clauses will survive the conclusion of this Agreement: 7(d), 11, 13, 14 and 15.

In this Agreement, the following definitions apply:

Absent Fee means $18.00.{Applies to UNLIMITED Reformer / Mat (this includes UNLIMITED Floor Add On / ALL ACCESS Members only as detailed above} + $10.00 {Applies to 2 Reformer / 3 Reformer and all STAYCAY / VAYCAY / INTRO OFFER holders only as detailed above}

Agreement means these terms and conditions.  

Australian Consumer Law means the Competition and Consumer Act 2010 (Cth) Schedule 2.

Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit, or demand of any nature whether present or future, fixed or un-ascertained, actual, or contingent, at law, in equity, under statute or otherwise.

Class means any class available at the Studio, such classes which are available to view on our Website (click here).

Confidential Information means any information belonging to or relating to us howsoever acquired that is marked confidential or is by its nature confidential, including, without limitation, trade secrets, Intellectual Property, know-how, business and financial data, policies, plans, databases, client lists and reports but does not include information which is or becomes generally available in the public domain (other than through breach of this Agreement or an obligation of confidence).

Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest, or business, but specifically excludes legal and other professional costs of the parties.

Force Majeure Event means anything outside the reasonable control of a party to this Agreement including without limitation an act of god, war, natural disaster, pandemic, global financial crisis, financial crisis, injury or illness, death in the family, government shutdown or similar restrictions, hacking, viruses, internet connectivity issues, power outages and any other cause not reasonably within the control of the party affected.

GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property means all rights conferred under statute, common law or equity, wherever in the world subsisting, in relation to trade marks, copyright, patentable inventions and designs, whether existing now or in the future, and whether or not registered or registrable, and includes any rights subsisting in or relating to trade secrets, know how, geographical indications of origin, techniques, libraries and databases, Confidential Information, and further includes the right to apply for the registration or grant of any such intellectual property.

Interest means interest at the rate of 2% above the rate set down from time to time under section 2 of the Penalty Interest Rates Act 1983 (Vic), such interest which is capitalised monthly.

Membership has the definition in clause 4.1(a).

Membership Fees has the definition in clause 4.1(b).

Late Cancel Fee means $10.00 per late cancel.{ Applies to Unlimited Members only as detailed above } or $5 per late cancel {Applies to 2 REFORMER / 3 REFORMER / INTRO OFFER / PACK HOLDERS / STAYCAY + VAYCAY Pass holders}

Loss means any loss, cost, expense (including legal costs on a full indemnity basis) or damage, whether direct or indirect, present, or future, fixed or ascertained, actual or contingent and whether arising under contract, in tort, at common law, in equity, under statute, under an indemnity or otherwise.

Representative means any person acting for or on behalf of us and includes any director, officer, employee, agent, contractor, sub-contractor, or authorised representative of ours.

Session means any infrared Sauna and ice bath session available at the Studio, such sessions which are available to view on our Website (click here).

Services our fitness and training services which can be found on our Website (click here).

SKUHLPT App means the application powered by MOMENCE.

Waiver means the waiver of liability form which we require you to sign before commencing a Membership, a copy of which can be found on our Website (click here).

Website means our website found at www.skuhlpt.com.au

Studio means the nominated Studio you will attend as part of your Membership.

Studio Activities means any fitness, recreational, training, infrared saunas, ice baths or other similar activities or activity you participate in at the Wellness Studio under this Agreement including any Class.

Interpretation

In this Agreement:

(a) a word importing the singular includes the plural and vice versa;

(b) a word importing a gender includes other genders;

(c) a law is a reference to that law as amended, consolidated, or replaced;

(d) this Agreement includes all schedules and attachments to it;

(e) a party to this Agreement includes its agents, personal representatives, successors and permitted assigns;

(f) a person, includes a natural person, partnership, joint venture, corporation, trust, governmental agency, association, or other body corporate;

(g) a time, is a reference to the time in the State or Territory of the jurisdiction that governs this Agreement;

(h) $, is a reference to Australian dollars unless otherwise expressly stated; and

(i)  the words ‘such as’ or ‘including’ are not used as words of limitation.