Infrared Sauna, Float Therapy and Massage Service
Standard – Waiver and Consent Form
Thank you for choosing CITY CAVE. We offer Float Therapy, Infrared Sauna and Massage services (each known as a Service). These terms and conditions (Terms) relate to your participation in the Services. By making a booking for a Service (or multiple Services) and/or attending CITY CAVE, you indicate your acceptance of these Terms. If you do not agree with any of the Terms, do not participate in the Services. CITY CAVE reserves the right to refuse entry or remove you from its premises if you breach or do not comply with the Terms. Please thoroughly read the terms below and complete the relevant information required. This waiver applies to all jurisdictions.
1. USE OF THE SERVICES AND RESTRICTIONS
When you attend a CITY CAVE centre or participate in the Services, you acknowledge that you may come near others (or will be in the same vicinity of others) who are participating in in the Services and agree to be mindful and respectful of others.
You agree that participating in the Services is at your own risk.
You must comply with our health and safety protocols and lawful directions from our staff.
You must tell us of any pre-existing injuries, limitations or medical conditions which may impact your ability to participate in the Services or how we provide the Services to you.
If you are under the age of eighteen (18) years old you must inform City Cave immediately as a different waiver applies.
You understand that you may not be able to participate in a CITY CAVE service if you answer yes to any of the below.
**Float Therapy**
● You are under the age of 18 years;
● You have not showered thoroughly and still have oils, creams or makeup on your body or hair;
● You have had any type of hair colour treatment within the past 48 hours (bleach/highlights/keratin treatment/chemical processing/henna);
● You have had a spray tan within the past 6 days;
● You are 36 weeks pregnant (or after 36 weeks pregnant);
● You are currently menstruating;
● You are under the influence of alcohol or drugs (or have been in the last 12 hours);
● You have a communicable or infectious skin condition, disorder or diseases;
● You have open or bleeding wounds. This also covers fresh tattoos or piercings;
● You are a diabetic unless your diabetes is under medical control;
● You have kidney disease;
● You have incontinence, or voluntarily/involuntarily release of bodily fluids of any kind;
● You have a history of heart or cardiovascular conditions (including heart attacks, epilepsy, seizures, blackouts and have not received your doctor’s permission to use the float pool);
● You wear a pacemaker, defibrillator or have a serious heart condition and have not received your cardiologist’s approval to use the float pool;
● You are experiencing a sexually transmissible infection of any type;
● You have a condition that may be adversely affected by cutaneous absorption of magnesium;
● You understand that waxing or shaving 24 hours before can cause skin irritation;
● You are under the age of consent (unless you have your parental or legal guardian’s consent to your participation).
If you answered YES to any of the above in relation to the Service you are participating in, please inform CITY CAVE immediately. Failure to disclose the above is not a liability of CITY CAVE
2. COUPLE SERVICES – CONSENT AND SUPERVISION
You acknowledge that Services to couples are strictly for people at/above the age of 18 years unless the couple includes the parent/guardian with the minor.
Substituted consent: Where a person is incapable of understanding the risk and benefits of treatment, consent may be provided by another person legally authorised to provide such consent. Evidence is required in such circumstances.
4. FEES
CITY CAVE provides the Services according to a published price list. By scheduling an appointment with us, you agree to pay the published or agreed-upon price for that Service.
CITY CAVE may change its fees from time to time at its discretion, upon posting on the website or otherwise.
If you cause contamination in the Infrared Sauna or Float Pool, CITY CAVE may charge you for the costs of cleaning, fixing or replacing the Infrared Sauna or Float Pool, and for the loss of revenue during the cleaning or repair period.
5. METHOD OF PAYMENT
You agree to pay all fees and charges incurred in connection with your purchase of the Services (incl. any relevant taxes or fees) at the rates in effect when the charges were incurred. This includes any necessary prepayments for the Services, including proving us with a credit or debit card to secure your booking.
CITY CAVE requires payment for the Services before we provide them to you. We accept payment by cash, direct debit, EFTPOS, credit card or CITY CAVE gift cards.
Services booked online require prepayment via credit card. To redeem a gift card, you must present your valid gift card prior to receiving any Service. Purchase of Services or gift cards are non-refundable. We may offer to rebook, exchange or offer service credits at our discretion.
When you enter your credit card details at the time of check-in, you will incur a charge at the rate of the Service selected, therefore we ask you to choose carefully.
By using the Services, you authorise Stripe acting on behalf of CITY CAVE, to debit payment from your nominated payment method for any Services purchased, appointments booked, or late cancelled or not-attended bookings. For transactions paid by credit card, CITY CAVE – <LOCATION> will appear as the merchant on your credit card statement.
6. CANCELLATION AND LATE ARRIVALS
You may cancel/reschedule your appointment by contacting us without any charge no less than 12 hours prior to your appointment time.
If you cancel or reschedule your appointment within 12 hours before the appointment time, or if you are a ‘no show’, you will be charged the full fee for the Service. Where your payment was by a gift card, the full-Service fee will be deducted from the gift card (which may result in the gift card being voided) without further notice.
Your late arrival for an appointment may shorten the length of your session time for the Service.
7. OUR LIABILITY AND INDEMNITY
In signing this form, I waive, release and discharge CITY CAVE and all persons or entities associated with CITY CAVE, from any claim, demand, liability, actions, right of action or proceeding which are related to, arise out of, or are in any way connected with my participation in the Services, including those allegedly attributed to the negligent acts or omission of CITY CAVE.
By using or participating in the Services, I agree that, to the extent permitted by law, CITY CAVE’s liability in relation to recreational services (having the meaning given in section 139A of the Competition and Consumer Act 2010 (Cth)) to release CITY CAVE for any death, physical or mental injury (including aggravation, acceleration or recurrence of any such injury), the contraction, aggravation or acceleration of a disease, the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to me or the community, that may be suffered by me as a result of the supply of recreational services by CITY CAVE or its allied health partners is excluded, save that this limitation of liability does not apply to significant personal injury suffered by me as a result of reckless conduct by CITY CAVE or its allied health partners in supplying the recreational services.
In signing this form, I release and indemnify CITY CAVE and its affiliates (including all officers, employees, agents and contractors) against any damage, claim, liability, loss or cost which I may incur or suffer against all claims, damages, liability, loss, cost which I may incur or suffer (whether directly or indirectly) that I may sustain, develop, incur or result in from the Services, my being or remaining on the premises the Services are offered. Any breach by me of these Terms or my acts or omissions.
8. CONSEQUENTIAL LOSS
CITY CAVE (including officers, employees and agents) and its allied health partners will not be liable (whether under statute, contract, tort, law, equity or otherwise) for any indirect, special or consequential loss, arising in any way out of my use of or participation in the Services. This includes but is not limited to any theft, unauthorised access or third-party interference. This limitation applies even if CITY CAVE has been expressly advised of my potential loss.
9. CHANGE OF TERMS
CITY CAVE may change the Terms at any time, in which case we will post an updated version of the Terms on our website. You are responsible for ensuring that you regularly review the Terms and your use of the Services after any changes will signify your acceptance of the changed Terms. If you do not accept the changes to the Terms, your only remedy is to immediately discontinue your use of the Services.
ACKNOWLEDGEMENT
By signing this form and/or using the Services, I signify my acknowledgement and acceptance of the following statements:
● I acknowledge, confirm and warrant that none of the items listed in Table 1. Disclosure (at point 1) in the Services (or anything similar) apply to me;
● If any of the items listed in Table 1. Disclosure (at point 1) apply to me, or I disagree with any of the information provided in this waiver, I will not participate in the Services. I acknowledge that City Cave will not be liable for my continuation with the Services if I fail to disclose anything that applies to me in Table 1. Disclosure (at point 1);
● If I continue to engage in the Services despite being subject to an item listed in Table 1 Disclosure (at point 1), then I acknowledge the risks and waive all liabilities, damages and injury that could arise (whether directly or indirectly), including that I acknowledge and confirm that I have obtained and sought the necessary medical advice to participate in the Services and all responsibility in continuing to engage in such Services is placed on me;
● I understand that the Services are not intended to treat any medical condition or substitute medical care or medications;
● If I have a pre-existing medical condition, am pregnant, or have any concerns as to whether I should use the Services, I have consulted my doctor prior to the Service appointment and I will follow the guidance of my doctor in any use of the Services;
● I will follow all instructions on the use of the equipment;
● If I have any issues or concerns with the Services or any of the Terms in this waiver I will raise them immediately;
● My use of, or participation in, the Services will not violate any applicable law or regulation;
● After my use of a Service, I may experience a degree of discomfort such as flu-like symptoms, headache, dizziness, and/or diarrhoea. These are not unusual physiological responses, but if the symptoms persist or worsen, I will promptly consult a doctor or other appropriate health professional;
● I acknowledge that my use of, or participation in, a Service may involve risks, including the risk of personal injury, and I accept irrevocably all risk of property damage, personal injury, death, or liability for injury to others that occurs as a result of my participation in the Services at CITY CAVE;
● All information I have supplied or will supply in connection with my use or participation in the Service is truthful, accurate and complete, and I will keep the information up-to-date;
● CITY CAVE may, without notice to me, suspend or delete my Cave Club account or refuse my access to the Services if CITY CAVE believes the information I have provided is misleading, inaccurate or incomplete;
● I agree to use all sessions within the Terms of the contract dates, understand that refunds are not given. I have read and agree with the cancellation policy.
☐ I have read, understood and agree to all Terms including this waiver, indemnity and exclusion of liability provisions. If I am participating in a massage treatment, I have also read, understood and agree to the Additional Terms including the specific consent to massage treatment.
☐ My acknowledgement and acceptance of these Terms and my consent to participate in the Services will survive for so long as I use the Services at CITY CAVE, unless and until I withdraw it.
☐ I am over the age of 18 years old.
DECLARATION:
In signing this Waiver, I confirm that have read, understood, acknowledge and agree to the above terms including the risk warning, exclusion of implied terms, release and indemnity.