Terms of service.

1. IMPORTANT INFORMATION

1.1 These terms and conditions (Terms and Conditions), together with our Privacy Policy apply to your use of Wellbeing Elements Pty Ltd’s (we, our or us) facility located at 3/87-89 Settlement Road, Cowes, Vic, 3922 (Wellbeing Elements) and website located at wellbeingelements.com.au (Website).

1.2 By entering Wellbeing Elements, purchasing any product at Wellbeing Elements, making a booking or accessing or using the Website, you agree to these Terms and Conditions, together with our Privacy Policy (collectively, the Terms). If you do not agree with the Terms, you must not access Wellbeing Elements or access or use the Website.

1.3 We reserve all rights to alter the Terms at our discretion and without notice to you. It is your responsibility to ensure that you are aware of the most current version of the Terms as published on the Website.

1.4 The Terms, as amended by us from time to time, continue to apply for as long as you use Wellbeing Elements and/or the Website.

1.5 The activities, sessions, classes, and facilities offered by us at Wellbeing Elements and/or via the Website are limited to those of materials and services to improve wellbeing and promote mindfulness, including movement classes, health facilities including aquatics, events, and food and beverage.

1.6 You understand that activities, sessions and classes offered by us at Wellbeing Elements or via the Website may involve intensive physical and psychological activities.

1.7 You acknowledge that there are risks associated with participation in the activities, sessions and classes offered by us, including any services or information provided via the Website and at Wellbeing Elements, and you freely accept these risks.

1.8 The information and content distributed by us via the Website and/or at Wellbeing Elements is for general information purposes only and does not constitute the practice of medicine, nursing or other professional care services, including the giving of medical advice, and no doctor / patient relationship is formed.

1.9 The use of information contained in any material sent or circulated by us or any additional materials linked within the primary material is at your own risk.

1.10 The information issued by us, including any information issued via the Website or at Wellbeing Elements, is not intended to be a substitute for obtaining professional medical advice, diagnosis or treatment.

1.11 You are not aware of any medical condition that would affect your ability to participate in the activities and programs offered by us at Wellbeing Elements, and if you have any concerns about your medical condition, you will consult with your physician before participating in the activities and programs offered by us.

1.12 We will communicate with you in relation to your booking primarily via email. It is your responsibility to ensure correct contact details are provided at the time of booking, and your nominated email address is checked for any correspondence from us.

1.13 You must notify us at the time of booking if you are suffering from or affected by any medical conditions that might be complicated or exacerbated by use of the Wellbeing Elements activities, sessions, and classes, or which may require increased supervision, including but not limited to:

• Conditions involving high fever

• Extreme hypertension

• Malignant tumours and cancerous conditions

• Liver, kidney and circulation disorders

• Conditions presenting a high risk of haemorrhaging

• Anaemic conditions

• Congestive heart failure, recent stroke, or recent heart attack

• Pregnancy

• Diabetes

1.14 You will inform our staff if you are pregnant, or if you have any illness or injury, prior to participating in any activity, session, or class at Wellbeing Elements.

1.15 We recommend you consult with your doctor, obstetrician, or other physician to obtain a letter of clearance before commencing any classes or sessions via the Website or at Wellbeing Elements.

1.16 You expressly waive and release any claim that you may have at any time for injury of any kind against us, or any person or entity involved with, or related to us, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.

1.17 We do not take any responsibility for personal items brought into or left at Wellbeing Elements.

1.18 We may for any reason, at any time, and without notice to you, change or remove activities, sessions or classes offered at Wellbeing Elements or close Wellbeing Elements for periods.

2. LIABILITY WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

2.1 Under the ACL, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that we are required to ensure that the recreational services we supply to you:

• are rendered with due care and skill; and

• are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and

• might reasonably be expected to achieve any result you have made known to us.

2.2 Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, we are entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on our part. “Gross” negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

2.3 You accept that your use of the facilities and services provided by us or via the Website is at your own risk and you acknowledge that the use of the facilities may involve risk or injury whether caused by you or another party. By accepting these Terms you agree that we will not be liable for any personal injury suffered on or off our premises, or from using our facilities or equipment, unless due to our gross negligence.

2.4 Except as the Terms or the ACL specifically state, or as contained in any express warranty provided in relation to the goods or services, these Terms do not include by implication any other term, condition, or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.

2.5 Our staff are not health practitioners. You should obtain your own medical advice prior to participating in services where appropriate.

3. BOOKING POLICY

3.1 To attend your preferred session at Wellbeing Elements, you must pre-book using the online booking system on the Website. This includes booking via the Website. This helps us to ensure there is enough space available for each session.

3.2 We will communicate with you in relation to your booking primarily via email. It is your responsibility to ensure correct contact details are provided at the time of booking, and your nominated email address is checked for any correspondence from us.

3.3 All bookings are subject to availability and the terms applying to the Wellbeing Elements product you have purchased.

4. CANCELLATION POLICY

4.1 If you have previously booked into a session and need to make changes to your booking, please withdraw from the session via the change/cancel link at the bottom of the confirmation or reminder email. Otherwise, please email us at hello@wellbeingelements.com. We may offer booking changes up to 24 hours before your booking time and date.

4.2 If you cancel within 12 hours of your booking 100% of the booking cost will be retained

4.3 If you do not show up at the time of your booking, 100% of the booking cost will be retained

4.4 We do not offer refunds or credits on Wellbeing Elements passes or gift cards. All purchases are final.

5. WAITLIST POLICY

If your preferred session is fully booked, we recommend adding your name to the waitlist. Due to cancellations, there may be changes to session attendance and places may become available. Should a place become available for you, you will receive a notification to the email address that you nominated at the time of booking. Please respond to this notification, either accepting or declining your place.

6. SESSION START AND END TIME

Wellbeing Elements is located at 3/87-89 Settlement Road, Cowes, Phillip Island, Vic 3922. We ask that you plan some time to find street parking nearby to ensure that you arrive 10 minutes early for your session time to allow for check-in. Please call us if you are running late. We can allow access to the session if late however please be advised that you will have to exit at the stated time of your original booking.

7. GIFT CARDS

7.1 Gift cards are:

• not redeemable for cash;

• valid for 12 months from the date of issue; and

• non-transferable.

7.2 We do not offer refunds, transfers, suspensions, or extensions on gift cards for change of mind, injury, illness, change of address or any other reason. All gift card purchases are final.

7.3 We accept no responsibility if a gift card is lost, stolen, destroyed, or used without your permission.

8. INTELLECTUAL PROPERTY

8.1 You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in the Website and in all Material published on the Website, and we retain all rights, title and interest in the Website (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access and use the Website.

8.2 You may access and use the Website (including Intellectual Property Rights contained therein) for your personal and non-commercial use only. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Material on another website or create derivative works from any part of the Website or the Material or commercialise any information obtained from any part of the Website or Material without our prior written consent.

9. LEGAL CAPACITY

9.1 You must be 18 years of age or older to enter Wellbeing Elements.

9.2 If you are under the age of 18 years (Minor), you must immediately cease accessing and using Wellbeing Elements unless you have written permission from a parent or guardian. If you are a Minor found to be without express written permission, we are entitled to cancel or terminate your access or refuse you entry to Wellbeing Elements.

9.3 If you are a Minor at Wellbeing Elements, you must be always accompanied by an adult or guardian. All guardians are required to pay for entry to Wellbeing Elements and are responsible for all Minors in their care at all times.

10. LIMITATION OF LIABILITY

10.1 Subject to any rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event or circumstance shall we be liable to you for any injury or damage whatsoever, including damages for loss of income or personal injury or property damage, except to the extent such limitation or exclusion of liability is not permitted by law.

10.2 You agree to indemnify and hold us harmless from all liabilities, claims and expenses that arise from your use or misuse of Wellbeing Elements and/or Website content and information.

11. GENERAL

11.1 If any part of our Terms is or becomes unenforceable that will not affect the validity and enforceability of the other parts which are to remain binding.

11.2 The Terms are governed by the laws of the State of Victoria and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction.

11.3 We may change our Terms from time to time. You will be deemed to have accepted any changes to our Terms based on your continued use of the Website and/or the activities, sessions and classes at Wellbeing Elements following publication of the Terms on the Website.

12. RISK

12.1 The instruction offered at Wellbeing Elements is limited to that of materials and services to improve wellbeing and movement classes, health facilities including aquatics, and food and beverage.

12.2 There are risks associated with participation in the activities and programs offered by us and by booking into sessions at Wellbeing Elements, you freely accept those risks.

12.3 Our staff are not health practitioners. You should obtain your own medical advice, where appropriate, prior to participating in the activities and programs offered by us.

13. PRIVACY POLICY

13.1 We are committed to protecting your privacy and personal information. Please refer to our Privacy Policy for further information about our practices relating to the collection, use, disclosure and storage of your personal information.

13.2 You must not photograph or record our employees, contractors or personnel or other members at Wellbeing Elements without their express consent.

13.3 You consent to us using your image in any promotional materials, including its social media platforms.

14. FORCE MAJEURE

14.1 We are not liable in any way whatsoever arising to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war.

14.2 If an event of Force Majeure occurs, we may suspend or terminate your booking(s) by written notice to you.