Terms and Conditions - Frequent Indulger - Body Inc Bathhouse & Spa

Terms & Conditions
to Belonging

(Inclusive of: Rules of the Loyalty Programme, Privacy Statement)
Valid from April 2008

PLEASE READ THE TERMS CAREFULLY

Thank you for becoming a Frequent Indulger Member.

Please take the time to read through our terms of belonging carefully to avoid any confusion. It is important that the terms of the contract between you and us are clear and for this reason, if there is any conflict between what is set out in this booklet and anything you have been told at the spa over the telephone, the terms in this booklet will prevail unless staff members acknowledges discussion. Failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights. We have 5 days after formation of a contract to rectify any miscalculation reflected within the Application and Contract and you, as the member, have a 7 day COOLING OFF PERIOD whereby you may cancel the Application and Contract on written notice. Please refer to Paragraph 11 (Cooling Off Period).

The booklet is broken up into the following sections:

Part A – sets out the process for becoming a Frequent Indulger member and the formation of a Contract, and the terms and conditions of your membership.
Part B – sets out the key Rules at the Spa. Please also refer to other signage and handouts.
Part C –regarding payment of your Frequent Indulger membership and their fees. It forms part of your Membership Application and Contract.
Part D – sets out the Privacy Statement and Acknowledgement.

You should read this document carefully before you agree to become a Frequent Indulger and keep it in a safe place to refer back to from time to time. NOTE: If, after agreeing to become a Frequent Indulger, you decide you do not wish to proceed, please refer to Paragraph 11 (Comfort Guarantee).

If you do not understand something in this booklet, please ask your Ambassador at your Spa or call 1300 88 BODY(2639). They will be happy to assist you.

Please be advised that these Terms, Conditions and Rules may change from time to time. We will make an effort to contact you in advance as defined in Paragraph 21 (Change of Rules/Operations). Please note: the most up to date Terms and Conditions Booklet and Rules will always prevail after the outlined notified period.

Definitions

In these Membership Terms and Conditions, the following definitions apply:

Company, we, us, our	Means the Frequent Indulger Pty Ltd
You, your, member, Frequent Indulger	Means the member of Frequent Indulger Loyalty Programme.
The Spa	Means the Body Inc Spa where you applied for Frequent Indulger Membership
Home Spa	Is the Spa which you joined and will use only
Spa	A Body Inc Spa
Contract, Agreement, Application	Means the Application and Contract between Frequent Indulger Pty Ltd and you under which you will become a Frequent Indulger of Body Inc Spas and its associate sponsors
Minimum Term	Means the term specified in the Application and Contract form
Rules	Means the rules regulating the operation of equipment, opening hours, behaviour in the Spa specified in signage and handouts
Major Sponsor	Means Bodyinc (SYDNEY) Pty Ltd and Body Inc Spas as the major Sponsor Company or Business which is the major sponsor of services products and benefits to the Frequent Indulger loyalty program being
Associate Sponsor	Means the various Companies or Businesses which are the associate sponsors of services, products and value add benefits of the Frequent Indulger loyalty program being restaurants, hotels retailers, limousines, or travel agents.
Vouchers	Means the vouchers supplied by the Major Sponsor on joining the Frequent Indulger Loyalty programme which can be redeemed at Body Inc Spas in for massage and beauty treatments or entry to the Bathhouse and use of its facilities. Valid for term of membership.
Body Inc Bathhouse & Spa	Means the flagship spa location of the major sponsor located at level 1 224 Victoria Street Potts Point Sydney 2011.

Gold Card

Gold Card

$200

2 x Complimentary Bathhouse entry vouchers

1 x Complimentary 15 minute massage at any Body Inc spa

Bathhouse entry discounted to $30.00 for term of 1st year membership

Indulge with 3 friends and receive a 30 minute complimentary massage on your next visit

1 x Invitation to be a ”Fugitive” mystery shopper and receive complimentary 30 minute
massage

1 x Dine & Unwind, lunch is on us when you and a friend come in for 1 hour of couples therapy Monday - Friday

5 x 1 Hour internet connection at the
Bathhouse Now & Zen Lounge

1 x Complimentary wash and blow dry after massage.

1 x Complimentary yoga class

10% off all treatments at all spas special rates at partnership hotels, restaurants & retailers

After hours and public holiday surcharges on massages waived

Priority bookings over non members

10% Discount on corporate events

Mail outs on VIP events and promotions

Black Label

$500

5 x Complimentary Bathhouse entry vouchers

1 x Complimentary absolutely fabulous 45 minute relaxation massage at any Body Inc spa

Bathhouse entry discounted for member & 1 guests to $30.00 each for term of 1st year membership

Indulge with 3 guests for an hour and receive a 60 minute complimentary massage on your
next visit

1 x Invitation to be a ”Fugitive” mystery shopper and receive complimentary 60 minute massage

1 x Dine & unwind, lunch is on us when you and a friend come in for 1 hour of couples therapy

Complimentary internet connection at Bathhouse Now & Zen Lounge

1 x Complimentary wash and blow dry after massage.

2 x Complimentary yoga classes.

1 x Complimentary Bathhouse entry voucher for your mum

10% off all treatments at all spas special rates at partnership hotels, restaurants & retailers

After hours and public holiday surcharges on massages waived

Priority bookings over non members

Complimentary glass of champagne

10% Discount on corporate events

Mail outs on VIP events and promotions

2 x VIP invitation to inaugural
anniversary party of the Bathhouse

Corporate

Corporate Platinum

$1000

Includes 1 black label and 2 gold
memberships

Receive Bathhouse merchandise and products to the value of $200

25% Discount on function room for zen themed events and seminars

Complimentary assistance on planning theme and event evenings

Special corporate rates with our hotel partners

Staff incentives and reward packages discounted

Discounts on office visits for corporate massage

2 x Complimentary bathhouse entry vouchers for your EA

Mail outs on VIP events and promotions

3 x VIP invitations to inaugural anniversary party of the Bathhouse

PART A – MEMBERSHIP TERMS

CONTRACT FORMATION – A contract arises between us once the Contract has been signed and we accept the Contract. This Contract will be governed by the laws of the state in which your Home Spa is located.
ACCEPTANCE BY FREQUENT INDULGER PTY LTD OF THIS CONTRACT - It is important that the terms of the Contract between you and us are clear and for this reason, if there is any conflict between what is set out in this booklet and anything you have been told at the Spa or over the telephone, the terms of this booklet will prevail unless staff member acknowledges discussion. Failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights. We have 5 days after formation of a Contract to rectify and miscalculation reflected within the Application and Agreement
SPA ETIQUETTE – You must comply with the Rules. Certain Spas have facilities with higher risk areas (including, but not limited to pools, steam rooms and saunas). You must ensure you read, understand and abide by the Rules outlined in the Spa in both signage and handouts, particularly those applying to these areas
MEMBERSHIP ENTITLEMENT – As soon as a Contract is formed in accordance with Paragraph 1 (Contract Formation), acceptance of this Contract by us which we are not obliged to do, please refer to Paragraph 7 (Right of Admission), and subject to your rights in relation to the ‘Cooling Off’ period, you will be bound by these Terms of Belonging not dependent on the amount of times you utilise the Spa. As a member, you are entitled to use the facilities of the Spa only during the specified times and in the Spa locations as set out in your membership type description ands only for the terms of this Membership subject to meeting this Membership Terms and the rules applicable. Memberships are non-assignable, non-transferable and non-refundable except as permitted in these Membership Terms and subject to law. Refer to Clauses 11 to 14.
MINIMUM AGE – Membership is limited to persons who are at least 18 years of age (unless medical clearance is given). All members who are less than 16 years must be supervised by an adult when using the Spa Facilities. If under the age of 16 years, a parent or guardian must complete your disclaimer form.
ACCESS TO SPA –You are required to be issued with a Frequent Indulger Card when joining and have your photo attached to your account via our digital membership tracking system. Use of the Frequent Indulger benefits without a valid Frequent Indulger Card is at our discretion (photo ID will be expected). You must not loan your Frequent Indulger card or permit its use by anyone other than you. Your Frequent Indulger Card remains our property and should be returned to the Spa on termination. If your Frequent Indulger Card is lost or mislaid, we will issue you a replacement card at a nominal charge (currently $20.00). Deposits may be used to set off against any outstanding fees due.
CONSEQUENCES OF MISCONDUCT –We reserve the right to refuse entry to any person, including members, and have the right to cancel your membership without warning or notice for serious inappropriate behaviour that is threatening or harassing, and includes damaging equipment in the Spa and perceived risks, including but not limited to, the use of illegal or performance enhancing drugs. Warnings for any breach of these Membership Terms and Conditions or failure to comply with Spa Rules or acting unreasonably will result in 1st Warning. Should a second warning be required, then immediate cancellation of your membership will be made.
PAYMENT OF FEES –All continuous memberships are paid annually in advance. All merchant fees associated with credit card payments can be recovered from your nominated credit card account (if applicable). At this time a merchant service fee of 3% is applicable to payments made from American Express credit card accounts. If they are not paid on the due date, Notice may also be given via telephone or face to face.
COMFORT GUARANTEE –You have a Cooling Off period of 7 days commencing on the date the Contract is formed, or in the case of a new Spa, the grand opening date. If you wish to utilise this period to cancel your membership, you are required to tell us in writing (preferable on the form supplied by us) that you want to cancel your membership during your Comfort Guarantee period. Costs for any treatments or classes or vouchers used in the Spa from your Frequent Indulger membership during your 7 day Comfort Guarantee, will be recovered from your nominated debit/credit card. We will cancel your Contract and refund to you your initial payment less the administration fee. After the Comfort Guarantee ends, if you wish to terminate/cancel the Contract, you must pay certain fees to us. The particular amount of fees payable varies depending upon the reason that you are terminating the Contract. Please refer to the following cancellation provisions outlined for full details in relation to your right to cancel your membership and the fees payable in those circumstances.
CANCELLATION FOR A MEDICAL OR RELOCATION REASONS – You can only cancel your membership prior to the expiry of the Minimum Term if you become subject to medical incapacity, if you relocate to an area not within 40 kilometres of a Body Inc Spa or if we make changes to the Contract which adversely affect you (refer to Clause 14 – Cancellation When Changes Made to Terms & Conditions or We Breach our Obligations). For cancellation due to medical incapacity or relocation, you will only be permitted to cancel your membership if you produce supporting documentation to our satisfaction (in the case of medical reasons, by a qualified medical practitioner certifying that you are permanently sick or incapacitated from undertaking any treatment for a period of 12 months or the remaining term of your membership, whichever is the LONGER and in the case of relocation, by a real estate agent or similar agent certifying your relocation). In either of these cases, you may choose to transfer your membership Contract to someone you introduce to the Spa and who has not been a member of the Frequent Indulger for a minimum of three months (relevant fees apply). In this case, the departure fee will be waived months left on the Contract. Please refer below. CANCELLATION ‘DEPARTURE FEE’: The FULL Value of Redeemed Frequent Indulger vouchers will be deducted from any reimbursement of the membership fee. Cancellation of your Contract is only offered for the reasons outlined above. For the remaining time of: 7-9 months from expiration 50% will be payable of the initial amount paid by the member on joining seeking to cancel contract within 10-12 months of expiration 75% will be payable. This is subject and on the condition on the return of all vouchers not redeemed.

TERMINATION AFTER THE MINIMUM TERM
CANCELLATION WHEN CHANGES MADE TO TERMS AND CONDITIONS OR WE BREACH OUR OBLIGATIONS – You may end your contract at any time by giving the relevant notice outlined in paragraph previous to this if we change or add to these Membership Terms and Conditions, Spa Rules or Spa services and facilities or if we are going to change the membership fees applicable to your membership which adversely affects you. Proof to this effect may be requested. When we are in breach of our obligations under your contract and we have not remedied that breach within a reasonable time after your have brought it to our attention in writing, you can end your contract at any time by giving us the relevant notice outlined in the paragraph previous to this. No fees will be applicable in these cases.
REFUNDS – You have a ‘Cooling Off’ period which commences on the date the contract is formed, or in the case of a new Spa, the Grand Opening Date, and will end 7 full days after this period where you will be refunded your initial payment less administration fee – if you decide you do not wish to proceed with your membership application. This request must be made in writing within this period, preferable on a form supplied by us. After this period you are not eligible for any refund of money which you have paid to us for any reason. Should you pre-pay for a treatment; a refund will be granted if the treatment is cancelled or if you can show, with supporting medical evidence that the treatment will cause you physical harm or result in physical injury to you or as otherwise required by law.
MEMBERSHIP FEE INCREASE – We reserve the right at any time, after a 12 month period of the contract, to increase the fees to be charged, and will use reasonable endeavours to give written notice to the most current address you have supplied at least one month prior to this occurring. You will be taken to have received notices sent to your latest address given to us on the second business day after we post them.
TIME FREEZE – Membership Time Freeze is available for a minimum of 4 weeks (in multiple of 2 weeks) or one month (depending on what is applicable) to a maximum of 14 weeks/ 3 months per calendar year (with a $20 per month that you wish to freeze your membership payable in advance prior to commencement of the Time Freeze period) Additional periods (no longer than 9 months) are available for travel or medical reasons upon production of supporting documentation to our reasonable satisfaction. All Time Freezes must be applied in writing, preferable by using a Time Freeze application form supplied by us and must be handed in at least 14 days prior to the commencement of the Time Freeze. NOTE: No pro-rata of direct debits will be done; the debit will only be frozen for the direct debit/ s that falls within the Time Freeze period. For up front memberships of less than 3 months, time freeze is not available.
OPERATING HOURS – Each Spa’s operating hours may differ between spas and are available upon request at the Spa, visiting http://www.bodyinc.com.au or by calling 1300 88 BODY.
CHANGE OF RULES / OPERATIONS – We cannot guarantee that we will not need to add to, change or remove Rules, conditions of membership, including but not limited to the Membership Terms and Conditions, opening and closing hours and the services and facilities offered by the Spa from time to time. Any such additions, deletions or changes will be notified to you through either the newsletter/ magazine published from time to time by us and/ or notice in the spa or to your last known address in writing or by phone with at least 30 days notice. If at any time the operations or services of a Spa are temporarily or permanently suspended for any reason, we may (subject to availability) by written notice to you offer either the transfer of your membership to another Body Inc Spa, or grant you complimentary Time Freeze or you may cancel your membership as outlined in Clause 14. Subject to any applicable law, you won’t have any other claim against us if this happens. NOTE: We won’t use this right to vary the terms of any special offer which applies to you unless within the 5 day period after signing where a miscalculation has occurred.
COMPLAINTS & FEEDBACK – We see both complaints and feedback as a opportunity. We will endeavour at all times to assist you with any concerns you may have. To do this both effectively and efficiently, we have empowered our Spas to assist you with any queries as well as developed a supporting escalation process with the assistance of the consumer affairs department in the State which you are in, should you feel the complaint/feedback has been handled inappropriately. The initial complaint is always directed immediately to the relevant Head of Department within the Spa whose role it is to contact you within a week (where possible) to discuss or resolve. Should you feel that it has not been resolved effectively, then it may be escalated to the Spa General Manager who will in turn contact you. Should you wish to escalate again, the Spa Ambassador will discuss your concerns with the executive (of the relevant department) to see if anything has been missed and the Spa Ambassador will re-contact you with either the same or alternate solution (whichever the applicable). Should you feel that you would like to address it further, you can then put your complaint in writing (to escalate to this level, it must be made in writing to ensure a thorough investigation may occur) and forward it to the Service Compliance Committee at PO Box 88, Potts Point, NSW 2011. The complaint will then be reviewed by panel of staff and a resolution/response sent back to you in writing (NOTE: All letters forwarded to the Managing Director are referred to this Board). The Quality Assurance Committee will only review complaints after the Head of Department and Spa Ambassador at the Spa have had an opportunity to resolve it. All communication will be referred back to the Spa automatically if this has not taken place.
CHANGE OF DETAILS – You must keep us informed of any change of address, email address, contact numbers, bank account & credit card details for payment and any other information relevant to your membership
GUIDANCE – If you believe that there is a risk to your health by participating in any of the treatments offered at the Spa, you must inform us in writing of that risk and give full details of the risk. You will update your details and let us know if your medical condition/allergies changes after you join us. We may, at our discretion, deny your membership application until you receive medical clearance from your doctor to proceed with the treatments at the Spa. We strongly recommend that medical clearance is obtained prior to starting any form of treatments
RISK WARNING – It is your responsibility to ensure you correctly operate or use any facilities and /or equipment provided by any Body Inc Spa, including the adjustment levels or settings on the equipment. If you are in doubt as to how to correctly operate any equipment, you should consult a member of staff before use.
RESPONSIBILITY FOR DAMAGE – You are responsible for any damage which you or your guest(s) may cause to the Spa facilities, if such damage is caused by your wilful act or negligence.
CONTRACTORS – Some contractors and franchisees provide some of their services, such as Chiropractor and Yoga. Fees for services are paid directly to these contractors and franchisees. We take no responsibility for the fees paid to these contractors and franchisees. Any claim you might have as a result of an act of failure to act by such a contractor or franchisee (whether or not payment has been made to the contractor or franchisee) will be brought against, and will be the responsibility of, that contractor or franchisee and not us. You hereby, release, and indemnify and keep indemnified, us for any claim suffered by you as a result of an act or omission by a contractor or franchisee in the Spa. We will at all times assist, where possible, to resolve any conflict or issues with contractors and will ensure that relevant qualifications and insurances are kept up to date for all Massage and Beauty Therapists.
IMAGE – By signing this Application and Agreement you consent to us using your image in any promotion or other material in relation to the business. Please note: This is only applicable if you are filmed in the background.
YOUR PHYSICAL CONDITION – You promise and represent on the date of the Contract, and repeat such warranty and representation each time you use our facilities, that you are in good physical condition and that you know of no medical or other reason why you are not capable of engaging in treatments and that such treatments would not be detrimental to your health, safety comfort or physical condition. Body Inc Staff and many contractors are not medically trained and are therefore not qualified to assess whether you or your guest(s) are in good physical condition. We strongly advise you take expert advice prior to commencing any of our programs/treatments if you are in doubt about your or your guest(s)’s ability to engage in the programs/treatments. You shall not use any Spa Facilities whilst suffering from any infectious or contagious illness, disease or other ailment or whilst suffering from any physical ailment, such as open cuts or sores or minor infections where is a risk, however small, to other members and guests.
CLAIMS – From time to time we may have to close a Spa for refurbishment or because it has been damaged. If a Spa is closed for more than 2 days for these reasons, you may, without charge, transfer your membership to another Body Inc Spa of the same standard or freeze your membership for the period of closure of the Spa. You cannot seek any reduction in your membership fees because your Spa is closed on a public holiday. Please refer to Clause 14 for a discussion outlining the circumstances under which membership may be cancelled on the basis of a breach of Body Inc’s obligations.
UNENFORCEABLE CLAUSES – Where a provision is deemed to be invalid or unenforceable by the courts the provisions will be deleted from the Contract but such deletion will not affect the validity and enforceability of the remaining provisions. NOTE: The Contract will be subject to Australian Law and the Courts of Australia will have jurisdiction over any disputes in relation to it.
CONTRACT TRANSFER BY FREQUENT INDULGER – We may assign or transfer the benefit of the contract, sub-contract its obligations under it, to any person, firm or company at any time without notice to you but shall remain liable to meet our obligations to you under the Contract.
YOUR SAFETY AND PROPERTY (EXCEPT VICTORIA) –
1. WARNING – We give you warning that, whilst on our premises you may suffer injuries including broken noses, soft tissue injuries and joint injuries. These injuries may occur as a result of you slipping on wet flooring, collision with equipment or other members.
2. RELEASE AND INDEMNITY – In consideration of Frequent Indulger accepting your application for membership at the Spa, and for you becoming and remaining a Member of the Spa, you agree that Frequent Indulger and its major and associate sponsors shall not be liable for any loss, damage or theft of any property belonging to, or brought onto any Spa premises by you or your guest(s), occurring on said premises except where caused by gross negligence of Frequent Indulger or Body Inc spas. Also that Frequent Indulger and Body Inc shall not be liable for any death, personal injury or illness occurring upon any Spa premises or as result of the use of facilities and / or equipment provided by Frequent Indulger or Body Inc, except to the extent that such death, personal injury or illness arises from the gross negligence of Frequent Indulger or Body Inc.

PART B – RULES OF THE SPA

LOCKERS – Lockers are provided for use whilst at the Spa & will be cleared daily once the Spa is closed. Please be advised that the lockers provided are not security lockers and therefore we request all valuable items are carried. Whilst care is taken to safeguard locker contents, thefts can occur. Please be aware that we do not accept responsibility for any loss or damage to property that occurs as a result of unknown persons breaking into lockers or where items are not placed in lockers. When using lockers, please ensure that the locker key/card is secure at all times on your person. (Reception can supply a safety pin for this purpose or sell a card holder; however, we do strongly suggest the keys/card should be carried in your hand). Should a locker key be lost or contents be left in the locker overnight, there is a $25 charge for replacement of the key and $50 for return of items. If your belongings are left in a locker, they may be removed and we will take no responsibility for loss or damage. Please note: All lost property and locker belongings will be given to charity on a monthly basis.
CLOTHING & HYGIENE – We require all members and guest(s) to wear suitable clothing (non-offensive) and appropriate footwear when visiting any of the areas. It is also paramount that personal hygiene is considered when visiting Body Inc Spas, so it is appreciated that everyone showers and exfoliates prior to using the baths.
TOWELS – We require all members to use clean towels to lie on when attending yoga or meditation classes (including mats) at all times.
WET AREA USAGE – You and your guest(s) may use all wet areas including but not limited to the baths, plunge pools, spas, sauna, steam, showers etc. These areas are unsupervised and you use them at your own risk. Children must be supervised. No running, diving, or jumping permitted in these areas. Note: Not all Spas offer all services.
VEHICLES – Vehicles and their contents, parked in any Spa car park or elsewhere in the premises of any Spa are left at the owners risk and we will accept no liability for loss or damage.
TIME LIMITS – You must adhere to parking and equipment time limits. Violation of limits may incur fees as decided by us from time to time.
ADDITIONAL SERVICES – We may offer additional services at some Spas such as Personal Training, , Pilates/ Yoga Programmes etc. These services do not form part of the Contract and will incur separate fees and have separate agreements. Where a laundry service is provided as part of the membership, the service will be provided only in relation to the items of clothing worn by you whilst undertaking treatments in the Spa (excluding under garments). All items of clothing left by you must be clearly labelled with your name and must be machine washable and colour fast. No claims for loss can be made in respect of all costs, damages, claims, demands and expenses incurred as a result in failure to adhere to this rule.
EACH VISIT – Discounted Access at members rates to the Spa will only be granted to you upon presentation of your access card and (If requested) photo identification. Locker keys and towels (where issued) are your responsibility and must be returned prior to leaving the Spa. If you lose your access card, locker key or towel, there will be a replacement charge.
GUESTS – Guest(s) may enter the Spa on payment of a fee determined by us from time to time. Guests must sign the Guest register, complete a “Welcome to Body Inc” form (on their first visit) and show a form of photo identification. Guest(s) are subject to the Rules and Terms detailed in the Guest Register and “Welcome to the Spa” form. The number of visits by a guest(s) to a Spa is at our sole discretion. All guest(s) must be at least 16 years old and be accompanied by you and must leave when you do. All members and guest(s) are required to acquaint themselves with signage and brochures for additional key Rules located throughout each Spa.

PART C – PRIVACY STATEMENT AND ACKNOWLEDGEMENT

In the course of establishing a Contract with you and during the term of that Contract we will obtain access to certain sections of your personal information (such as information concerning your health and your financial position). Body Inc will only use, disclose or deal with such information in accordance with our Privacy Policy. A full copy of our Privacy Policy is available on http://www.bodyinc.com.au or can be sent to you on request in writing to reception@bodyinc.com.au