MEMBERSHIP AGREEMENT TERMS & CONDITIONS

This agreement affects your legal rights. If you do not understand this agreement, please obtain legal advice before agreeing to it. 

Soak Operations Pty Limited (“Soak Bathhouse”, “we”, “our” and “us”)

Soak Operations Pty Ltd ACN 639 029 011 and ABN 95 639 029 011 of Shop 20, 2532 – 2540 Gold Coast Highway, Mermaid Beach QLD trading as Soak Bathhouse.

MEMBER (“you”)

MEMBERSHIP PACKAGE

MEMBERSHIP AGREEMENT & TERM

1. This agreement is an ongoing agreement and commences on the above Start Date and will continue after the Minimum Term until this Membership Agreement is terminated in accordance with this agreement.
2. If you wish to have your Membership Agreement expire at the end of the Minimum Term, you must provide at least 4 weeks written notice to terminate prior to the end of the Minimum Term. 
3. You acknowledge that the Health Acknowledgement & Waiver entered into by you forms part of this Membership Agreement and applies to your ongoing use of any facilities or services provided by Soak Bathhouse.  If your personal details or health information have changed since you completed the Health Acknowledgement & Waiver, please advise us of the changes.  

THIS AGREEMENT IS SUBJECT TO A 48 HOUR COOLING OFF PERIOD

1. If you entered into this Membership Agreement prior to our facility opening, you may cancel this Membership Agreement during the 48 hour period immediately after the opening date of our facility. This cooling off period will begin at 9am on the opening date of our facility and expire 48 hours later.
2. If you entered into this Membership Agreement after the opening date of our facility, you may cancel this Membership Agreement during the 48 hour period immediately after you purchase this membership. This cooling off period will begin on the date you purchase this membership and expire at close of business on the day on which at least 48 hours have elapsed. 
3. If you cancel your Membership Agreement within the cooling off period by giving us notice in writing we will provide you with a refund of the amount you have paid, less the cost of any services you used prior to cancelling the agreement (including any used Soak Credit). 

PAYMENT TERMS

1. The Total Min. Price stated above is payable in instalments, which are payable weekly in advance commencing on the Start Date. 
2. If you are paying by credit card or card on file:
   1. You direct and authorise us to debit from your credit card or card on file, the above payment at the above frequency. 
   2. If there are insufficient clear funds in your account to meet a payment, you may be charged a fee and/or interest by your financial institution and we are not obliged to provide you the services until the outstanding payments have been made in full.
3. We reserve the right to refer outstanding payments under this agreement to a debt collection agency.  You authorise us to add to any outstanding debt the fee of $50 and an amount equivalent to 25% of the full outstanding balance (being our expenses reasonably incurred in collecting the debt) upon initial referral to a debt collection agency.
4. Your Weekly Price is valid for 12 months from the commencement of your Membership Agreement. We then have the ability to increase your Weekly Price, by providing written notice to you. If you do not wish to accept the new Weekly Price you may give notice of your termination from the date of the scheduled change to your Weekly Price.

MEMBERSHIP CANCELLATION

1. Any time after the Minimum Term, you can cancel your Membership Agreement with no charge by providing us with 4 weeks written notice of your cancellation. 
2. If you cancel your Membership Agreement after the cooling off period but within the Minimum Term, by giving us notice in writing, you are required to pay an administration charge of the lesser of $75 and 10% of the Total Minimum Price payable under the Membership Agreement (subject to any maximum charge prescribed by law) and the standard fee for any services you have used under the Membership Agreement but not yet paid for.
3. We reserve the right to vary this agreement or the Health Acknowledgement & Waiver by giving you notice in writing. You may cancel your Membership Agreement without paying an administration charge if the changes adversely affect you and you give us notice in writing setting out why the changes adversely affect you. 
4. You may cancel your Membership Agreement without paying an administration charge if we breach our obligations under this agreement and we do not fix the breach after a reasonable amount of time after you have given us notice in writing of the breach.  
5. We may terminate this agreement and cancel your Membership Agreement if you do not abide by this agreement and our facility rules as reasonably varied from time to time.  If this occurs, you are required to pay an administration charge of the lesser of $75 and 10% of the Total Minimum Price payable under the Membership Agreement (subject to any maximum charge prescribed by law) and the standard fee for any services you have used under the Membership Agreement but not yet paid for. 
6. If this agreement ends in accordance with paragraph 11, 12 or 14 above, any Sign Up Bonus Credits offered to you pursuant to this agreement are void. 
7. This agreement and/or any rights or credits granted to you under this Membership Agreement may not be transferred or assigned to a third party, except with our prior written approval or in accordance with clauses 17-22 below. 

SERVICES CREDITS

1. Your Membership Package includes a specified number of Soak Credits per 4 week period. Your initial Soak Credits are valid for the 4 week period from the Start Date, and will expire at the end of that 4 week period. Your next Soak Credits will be granted on the day after the 4 week anniversary of the Start Date, and will expire at the end of that 4 week period. This pattern will repeat until your Membership Agreement is terminated. Unused Soak Credits do not carry over to the following 4 week period and are non refundable.
2. If your Membership Package includes any Sign Up Bonus Credits, these Sign Up Bonus Credits are valid for the 4 week period from the Start Date, and will expire at the end of that 4 week period. Unused Sign Up Bonus Credits do not carry over to the following 4 week period and are non refundable. Sign Up Bonus Credits are one-off credits granted upon commencement of your Membership Agreement and are not granted each month as an ongoing inclusion of your Membership Package.
3. On Basic Membership Packages, Soak Credits are non transferable.
4. On Silver Membership Packages, Soak Credits are transferable to up to 1 other person nominated on your membership account. Changes to a nominated person will incur a $20 administration fee.
5. On Gold Membership Packages, Soak Credits are transferable to up to 3 other people nominated on your membership account. Changes to a nominated person will incur a $20 administration fee.
6. On Platinum Membership Packages, Soak Credits are transferable to up to 4 other people nominated on your membership account. Changes to a nominated person will incur a $20 administration fee.
7. Sign Up Bonus Credits are non transferrable. 

BOOKING CANCELLATIONS & LATE ARRIVALS

1. You must provide at least 12 hours’ notice of booking cancellation. Failure to provide the required notice will result in the session being forfeited without the right to a refund. 
2. If you are more than 15 minutes late to a booking, Soak Bathhouse reserves the right to cancel your booking or deduct the corresponding amount of time from your booking without any refund to you. 

MISCELLANEOUS 

1. The laws of the Commonwealth of Australia and the laws of the State/Territory in which our facility is located govern this agreement. 
2. Any provision of this agreement or the Health Acknowledgement & Waiver which is held to be unenforceable is where possible, severed to the extent necessary to make this agreement or the Health Acknowledgement & Waiver enforceable.
3. We may assign or transfer the benefit of this agreement to a third party by giving you notice in writing.  

DECLARATION: 

1. By ticking the box and completing your membership purchase, you are acknowledging that you have read this agreement, fully understand it and agree to abide by the terms of this agreement and the Health Acknowledgement & Waiver.
2. You confirm that you are 18 years or over. 

STAGE 1 FOUNDATION MEMBERSHIP AGREEMENT TERMS & CONDITIONS

This agreement affects your legal rights. If you do not understand this agreement, please obtain legal advice before agreeing to it. 

Soak Operations Pty Limited (“Soak Bathhouse”, “we”, “our” and “us”)

Soak Operations Pty Ltd ACN 639 029 011 and ABN 95 639 029 011 of Shop 20, 2532 – 2540 Gold Coast Highway, Mermaid Beach QLD trading as Soak Bathhouse.

MEMBER (“you”)

MEMBERSHIP PACKAGE

MEMBERSHIP AGREEMENT & TERM

1. This agreement is an ongoing agreement and commences on the above Start Date and will continue after the Minimum Term until this Membership Agreement is terminated in accordance with this agreement.
2. If you wish to have your Membership Agreement expire at the end of the Minimum Term, you must provide at least 4 weeks written notice to terminate prior to the end of the Minimum Term. 
3. You acknowledge that the Health Acknowledgement & Waiver entered into by you forms part of this Membership Agreement and applies to your ongoing use of any facilities or services provided by Soak Bathhouse.  If your personal details or health information have changed since you completed the Health Acknowledgement & Waiver, please advise us of the changes.  

THIS AGREEMENT IS SUBJECT TO A 48 HOUR COOLING OFF PERIOD

1. If you entered into this Membership Agreement prior to our facility opening, you may cancel this Membership Agreement during the 48 hour period immediately after the opening date of our facility. This cooling off period will begin at 9am on the opening date of our facility and expire 48 hours later.
2. If you entered into this Membership Agreement after the opening date of our facility, you may cancel this Membership Agreement during the 48 hour period immediately after you sign this agreement. This cooling off period will begin on the date you sign this agreement and expire at close of business on the day on which at least 48 hours have elapsed. 
3. If you cancel your Membership Agreement within the cooling off period by giving us notice in writing we will provide you with a refund of the amount you have paid, less the cost of any services you used prior to cancelling the agreement (including any used Soak Credit or Sign Up Bonus Credit). 

PAYMENT TERMS

1. The Total Min. Price stated above is payable in instalments, which are payable weekly in advance commencing on the Start Date. 
2. If you are paying by credit card or card on file:
   1. You direct and authorise us to debit from your credit card or card on file, the above payment at the above frequency. 
   2. If there are insufficient clear funds in your account to meet a payment, you may be charged a fee and/or interest by your financial institution and we are not obliged to provide you the services until the outstanding payments have been made in full.
3. We reserve the right to refer outstanding payments under this agreement to a debt collection agency.  You authorise us to add to any outstanding debt the fee of $50 and an amount equivalent to 25% of the full outstanding balance (being our expenses reasonably incurred in collecting the debt) upon initial referral to a debt collection agency.
4. Your Weekly Price is valid for 12 months from the commencement of your Membership Agreement. We then have the ability to increase your Weekly Price, by providing written notice to you. If you do not wish to accept the new Weekly Price you may give notice of your termination from the date of the scheduled change to your Weekly Price.

MEMBERSHIP CANCELLATION

1. Any time after the Minimum Term, you can cancel your Membership Agreement with no charge by providing us with 4 weeks written notice of your cancellation. 
2. If you cancel your Membership Agreement after the cooling off period but within the Minimum Term, by giving us notice in writing, you are required to pay an administration charge of the lesser of $75 and 10% of the Total Minimum Price payable under the Membership Agreement (subject to any maximum charge prescribed by law) and the standard fee for any services you have used under the Membership Agreement but not yet paid for.
3. We reserve the right to vary this agreement or the Health Acknowledgement & Waiver by giving you notice in writing. You may cancel your Membership Agreement without paying an administration charge if the changes adversely affect you and you give us notice in writing setting out why the changes adversely affect you. 
4. You may cancel your Membership Agreement without paying an administration charge if we breach our obligations under this agreement and we do not fix the breach after a reasonable amount of time after you have given us notice in writing of the breach.  
5. We may terminate this agreement and cancel your Membership Agreement if you do not abide by this agreement and our facility rules as reasonably varied from time to time.  If this occurs, you are required to pay an administration charge of the lesser of $75 and 10% of the Total Minimum Price payable under the Membership Agreement (subject to any maximum charge prescribed by law) and the standard fee for any services you have used under the Membership Agreement but not yet paid for. 
6. If this agreement ends in accordance with paragraph 11, 12 or 14 above, any Sign Up Bonus Credits offered to you pursuant to this agreement are void. 
7. This agreement and/or any rights or credits granted to you under this Membership Agreement may not be transferred or assigned to a third party, except with our prior written approval or in accordance with clauses 17-22 below. 

SERVICES CREDITS

1. Your Membership Package includes a specified number of Soak Credits per 4 week period. Your initial Soak Credits are valid for the 4 week period from the Start Date, and will expire at the end of that 4 week period. Your next Soak Credits will be granted on the day after the 4 week anniversary of the Start Date, and will expire at the end of that 4 week period. This pattern will repeat until your Membership Agreement is terminated. Unused Soak Credits do not carry over to the following 4 week period and are non refundable.
2. If your Membership Package includes any Sign Up Bonus Credits, these Sign Up Bonus Credits are valid for the 4 week period from the Start Date, and will expire at the end of that 4 week period. Unused Sign Up Bonus Credits do not carry over to the following 4 week period and are non refundable. Sign Up Bonus Credits are one-off credits granted upon commencement of your Membership Agreement and are not granted each month as an ongoing inclusion of your Membership Package.
3. On Basic Membership Packages, Soak Credits are non transferable.
4. On Gold Membership Packages, Soak Credits are transferable to up to 2 other people nominated on your membership account. Changes to a nominated person will incur a $20 administration fee.
5. On Platinum Membership Packages, Soak Credits are transferable to up to 4 other people nominated on your membership account. Changes to a nominated person will incur a $20 administration fee.
6. Sign Up Bonus Credits are non transferrable. 

BOOKING CANCELLATIONS & LATE ARRIVALS

1. You must provide at least 12 hours’ notice of booking cancellation. Failure to provide the required notice will result in the session being forfeited without the right to a refund. 
2. If you are more than 15 minutes late to a booking, Soak Bathhouse reserves the right to cancel your booking or deduct the corresponding amount of time from your booking without any refund to you. 

MISCELLANEOUS 

1. The laws of the Commonwealth of Australia and the laws of the State/Territory in which our facility is located govern this agreement. 
2. Any provision of this agreement or the Health Acknowledgement & Waiver which is held to be unenforceable is where possible, severed to the extent necessary to make this agreement or the Health Acknowledgement & Waiver enforceable.
3. We may assign or transfer the benefit of this agreement to a third party by giving you notice in writing.  

DECLARATION: 

1. By ticking the box and completing your membership purchase, you are acknowledging that you have read this agreement, fully understand it and agree to abide by the terms of this agreement and the Health Acknowledgement & Waiver.
2. You confirm that you are 18 years or over. 

SOAK BATHHOUSE CREDIT PACKS – TERMS & CONDITIONS

Soak Operations Pty Limited (“Soak Bathhouse”, “we”, “our” and “us”)

Soak Operations Pty Ltd ACN 639 029 011 and ABN 95 639 029 011 of Shop 20, 2532 – 2540 Gold Coast Highway, Mermaid Beach QLD trading as Soak Bathhouse.

PURCHASER (“you”)

SOAK BATHHOUSE CREDIT PACKS

TERM & RISK ACKNOWLEDGEMENT AND WAIVER

1. All Soak Bathhouse Credit Packs are valid for 12 months from the date of purchase and expire upon the earlier of:
   1. 12 months from the date of purchase; or
   2. All credits being used and the credit balance being zero. 
2. Upon expiry, any unused credits will then expire immediately and are non-refundable and non-transferrable.
3. You acknowledge that the Risk Acknowledgement & Waiver displayed on the Soak Bathhouse website and/or at Soak Bathhouse forms part of these Terms & Conditions and applies to your use of any facilities or services provided by Soak Bathhouse.

PAYMENT TERMS

1. The Total Price stated above is payable in one upfront payment and is non-refundable. 
2. We may terminate your Soak Bathhouse Credit Pack if you do not abide by these Terms & Conditions and our facility rules as reasonably varied from time to time.  If this occurs, any unused Credits shall be forfeited and are non-refundable.
3. These Terms & Conditions and/or any rights or credits granted to you under this agreement may not be transferred or assigned to a third party, except with our prior written approval or in accordance with these Terms & Conditions. 

SOAK CREDITS

1. Your Soak Bathhouse Credit Pack includes a specified number of Soak Credits that are granted on the date of purchase of your Pack. 
2. Your Soak Credits can only be used by you and are non transferable.
3. Your Soak Credits can be used at any Soak Bathhouse location.

MASSAGE DISCOUNTS

1. You are entitled to a Massage Discount off the RRP of any massage service at Soak Bathhouse. 
2. Your Massage Discount is applicable whilst you have an active Credit Pack and will cease upon expiry of the Credit Pack.

BOOKING CANCELLATIONS & LATE ARRIVALS

1. You must provide at least 12 hours’ notice of booking cancellation. Failure to provide the required notice will result in the session or Soak Credit being forfeited without the right to a refund. 
2. If you are more than 15 minutes late to a booking, Soak Bathhouse reserves the right to cancel your booking or deduct the corresponding amount of time from your booking without any refund to you. 

MISCELLANEOUS 

1. The laws of the Commonwealth of Australia and the laws of the State/Territory in which our facility is located govern this agreement. 
2. Any provision of this agreement or the Health Acknowledgement & Waiver which is held to be unenforceable is where possible, severed to the extent necessary to make this agreement or the Health Acknowledgement & Waiver enforceable.
3. We may assign or transfer the benefit of this agreement to a third party by giving you notice in writing.  

DECLARATION: 

1. By ticking the box and completing your Soak Bathhouse Credit Pack purchase, you are acknowledging that you have read this agreement, fully understand it and agree to abide by the terms of this agreement and the Risk Acknowledgement & Waiver.
2. You confirm that you are 18 years or over. 

Annexure A – Conditions of Entry & Risk Acknowledgement & Waiver

1. By entering Soak Bathhouse you agree to the conditions of entry contained below and that Soak has agreed to allow you to enter the Soak Bathhouse and participate in the Recreational Activities on the basis of these acknowledgements and agreements. 
2. You acknowledge and agree that:
3. you assume all risk of Injury and Illness associated with entering the Soak Bathhouse and participating in Recreational Activities including the risk of Injury or the contraction or aggravation of an Illness that might arise from slipping on wet areas; emergent in, and movement between, extreme hot and cold temperatures; the malfunctioning of equipment; the actions of other guests attending the Soak Bathhouse; and understand that this list is not a complete or exhaustive list of all possible risks;

1. some or all of the Recreational Activities may not be suitable during pregnancy and that you are responsible for seeking your own medical advice and medical clearance before participating in any Recreational Activities whilst pregnant;
2. you represent that you have no pre-existing Injury or Illness (or any condition that would predispose you to Injury or Illness);

1. you enter Soak Bathhouse and participate in any Recreational Activity provided by Soak Provider, on your own volition and entirely at your own risk;
2. Soak may (at your cost) take steps to protect your welfare if you suffer any Illness or Injury whilst at the Soak Bathhouse, including administering emergency medical treatment and ambulance transportation, although Soak is under no legal obligation to do so;
3. any guarantees that would otherwise be implied by law in relation to the supply of services to you by Soak are excluded in relation to any of the matters referred to in section 139A(3) of the Competition and Consumer Act 2010 (ACL). To the extent any guarantee is implied Soak’s liability is limited to supplying the services again.

1. No change or modification of any rights that you may have at law in these conditions of entry are affected in relation to liability for significant personal injury that is caused by Soak’s reckless conduct as defined in the ACL.
2. You:

1. agree, for yourself and anyone entitled to act on your behalf, to hold harmless, waive and release Soak, its officers, agents, employees, representatives, and successors and any related entity of Soak from any responsibility, liabilities, demands, or claims of any kind arising out of your entry into Soak Bathhouse or participation in any Recreational Activity, including from any liability arising from any Injury or Illness that you suffer; and
2. must indemnify Soak for any costs or losses suffered or incurred as a result of any action taken in breach of the waiver and release contained in this clause.

1. In these conditions of entry:

Illness means any illness or disease, whether physical or mental.

Injury means both physical and mental injury and including the aggravation, acceleration or recurrence of an injury including sprains, ligament damage, broken bones, muscle or other physical injury, mental illness, drowning, slipping, overheating (including heatstroke and any other medical condition arising from using spas, saunas and steam rooms), cardiovascular stress or failure, loss of or complications to pregnancy, and death.

Soak means Soak Operations Pty Ltd ACN 639 029 011 or Soak Holdings Pty Limited ACN 638 936 302 and each of their respective officers, employees, agents and representatives;

Recreational Activities means each of the following activities: participating in the Soak Bathhouse bathhouse and wellness centre including use of pools, spas, saunas, steam rooms, cold plunge, LED Facial, massage, consumption of food and beverages, use of amenities and other activities.

1. By entering Soak Bathhouse, or participating in any Recreational Activities, you acknowledge and agree that: 
   1. you have read and understood these conditions of entry. 
   2. you are aware that this is a waiver and a release of liability, and you voluntarily agree to its terms;
   3. the terms of these conditions of entry apply whether or not you paid to enter the Soak Bathhouse or whether somebody else has paid for you.