MEMBERSHIP DETAILS

Membership Benefits:

–        Membership includes:

o   1 x One Hour Float Session per month.

o   Unused One Hour Float Sessions do not expire and can be used at any time.

o   Additional One Hour Float Sessions in any month can be purchased at $45.00 per session. Such additional sessions cannot be banked or purchased as a Gift Voucher and must be used upon payment.

o   Upgrade to 90 minute session for $25 extra, Upgrade to 120 minute session for $45 extra.

o   10% off any in-store products purchased.

o   It is your responsibility to book and schedule your monthly sessions.

–        Refer-a-Friend Bonus: If you refer a friend or family member who signs up for a Float House membership, you’ll receive a FREE One Hour Float Session, redeemable by you for 30 days after the date the new member signs up.

–        Cancellation: You may cancel your membership in accordance with the Membership Terms and Conditions. 

Membership Fees:

$50.00 per month. Billed automatically from your nominated credit card each month from the Membership Start Date (each a ‘Billing Date’).

MEMBERSHIP TERMS AND CONDITIONS

                 

1)     (These Terms) These terms and conditions (Terms) govern your membership with the partnership between Mr & Mrs Graham ABN 17 342 868 090, trading as ‘Float House’ (‘Float House’, ‘we’, ‘us’). We may update these Terms at any time on notice to you. Your continued use of the Membership Benefits following such update will represent an agreement by you to be bound by the Terms as amended.

2)     (Term) Your Float House membership will begin on the Membership Start Date (set out in the Payment Details) and will continue until terminated in accordance with these Terms (‘Term’).

3)     (Membership) You will be provided with a Float House membership as described in the Membership Details (‘Membership’).

4)     (Fees)

a.      You must pay Float House the Membership Fees during the Term in accordance with the Membership Details (‘Membership Fees’).

b.     Unless otherwise indicated, Membership Fees do not include GST.

c.      We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).

d.     If you do not pay Membership Fees on or before the dates they are due, you must pay:

                                               i.     late payment fees, reasonably determined by us; and

                                              ii.     costs we reasonably incur in recovering such late payments, including debt collection fees and legal costs.

e.      If your Membership Fees are in arrears, we may refuse to provide you with Membership Benefits or access to the Float House Premises.

5)     (Our property) You will be fully responsible to Float House for:

a.      any loss or damage to the Float House Premises or any of our personal property or equipment (‘Float House Equipment’) caused or contributed to by you or a Child; and

b.     all damage to the property of any person which is caused or contributed to by you or a Child while you or a Child is at the Float House Premises or is otherwise in the course of receiving the Membership Benefits.

You must give immediate notice us in writing of any such loss or damage under this clause 5

6)     (Cancellation by you) You may cancel your Membership:

a.       at any time after 2 months (minimum 2 payments) on written notice to us (‘Cancellation Notice’). After we receive your Cancellation Notice:

                                               i.     your Membership will be cancelled (if the minimum 2 payments have already been made); and

                                              ii.     your membership benefits will end 1 month after your last payment;

7)      (Cancellation by us) We may cancel your Membership immediately at any time on written notice to you. If we cancel your Membership, we will decide (acting reasonably) whether any refund is appropriate and will, to the maximum extent permitted by law, either issue a full refund back to the original method of payment, a partial refund, or no refund at all.

8)     (Your obligations) You must:

a.      comply with our policies, regulations and procedures, as updated from time to time;

b.     comply with our reasonable directions at the Float House Premises, especially in relation to safety;

c.      not misuse, mistreat or modify, or attempt to misuse, mistreat or modify, any equipment at the Float House Premises, including any floatation tanks;

d.     provide us with all documentation, information and assistance reasonably required to provide you with the Membership Benefits;

e.      leave the Float House Premises immediately if directed to do so by us. We may make a direction under this clause for any reason, including if you breach any clause of these Terms; and

f.       be courteous and respectful to all other members and staff at the Float House Premises.

9)     (Waiver) Before accessing the Float House Premises, or receiving any Membership Benefits, you must agree to the terms of our Liability Waiver and Float Terms.

10)   (Premises) We may:

a.      refuse your entry to the Float House Premises at any time; or

b.     ask you to leave the Float House Premises, at which point you must do so immediately.

11)   (Availability) You agree that the Membership Benefits are:

a.      by appointment only (you must book ahead);

b.     subject to our availability;

c.      subject to our opening hours, determined by us from time to time; and

d.     subject to periods in which the Float House Premises are closed. We are open by appointment only and are closed an accumulative 4-6 weeks a year.

12)   (Health) You warrant that you do not have any injury, illness, disability or other health condition such that the Membership Benefits may cause any injury or damage to yourself or any other person, including by aggravating or in any way negatively affecting any such injury or health condition. You must notify us in writing if you become aware of any such injury, illness, disability or health condition.

13)   (Children)

a.      If the Member is under the age of 18 at the date of signing (‘Child’), the person signing this Membership Agreement on behalf of the Member:

                                               i.     warrants that they are the parent/guardian of the Child;

                                              ii.     agrees to the Membership Agreement, and takes on the rights and obligations in the Membership Agreement, as if they were the Member;

                                             iii.     consents to the Child receiving the Membership Benefits;

                                             iv.     must ensure that the Child complies with the terms of the Membership Agreement;

                                              v.     must, if the Child is under the age of 16 at the date of signing, supervise the Child at all times while they are at the Float House Premises;

                                             vi.     must sign the Liability Waiver and Float Terms in respect of the Child; and

                                            vii.     warrants that the Child does not have any injury, illness, disability or other health condition such that the Membership Benefits may cause any injury or damage to the Child or any other person.

b.     Float House reserves the right to:

                                               i.     refuse Membership Benefits to any Child; and

                                              ii.     end Membership Benefits at any time in respect of a Child,

for any reason, including if:

                                             iii.     the Child exhibits any inappropriate behaviour or is violent or aggressive in any way;

                                             iv.     the Child exhibits symptoms of any illness, injury or health condition; or

                                              v.     we can’t accommodate any of your requests in respect of a Child.

14)    (Our warranties)

a.      To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Membership Agreement are excluded.

b.     Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee which may not lawfully be excluded, then, to the maximum extent permitted by applicable law, our liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:

                                               i.     in the case of goods, their replacement or the supply of equivalent goods or their repair; and

                                              ii.     in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

15)   (Liability limitation) To the maximum extent permitted by law, Float House’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with this Membership Agreement:

a.      is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)); and

b.     is limited, insofar as concerns other liability, to the total money paid to us under this Membership Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).

Nothing in this agreement is intended to limit the operation of the Competition and Consumer Act 2010 (Cth).

16)   (Indemnity) You indemnify Float House from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:

a.      any breach of this Membership Agreement by you or any Child; or

b.     any of your acts or omissions, or that of any Child.

17)   (Notice) A notice or other communication to a party under this Membership Agreement must be:

a.      in writing and in English; and

b.     addressed to the email address of that party that has been regularly used by the parties to correspond (unless such email address is known to be inactive by the party giving notice).

18)   (General)

a.      (Governing law) This Membership Agreement is governed by the law applying in Queensland, Australia.

b.     (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

c.      (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Membership Agreement without the prior consent of each other party (such consent not to be unreasonably withheld).

d.     (Amendments) This Membership Agreement may only be amended by a document signed by each party.

e.      (Waiver) No party to this Membership Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

f.       (Entire agreement) This Membership Agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Membership Agreement (except our Liability Waiver and Float Terms).