Terms and Conditions
Welcome to Olympia Bath House. Our business is operated by High Level Wellness Pty Ltd (ABN 37 629 425 476) trading as Olympia (we, us, our, Olympia).
Olympia offers communal bathing, yoga (and other movement-based classes), massages, facials, alternative therapy treatments, workshops and similar services (Services). Details of our Services can be found on the Website.
It is a condition of us allowing you to use our Services, that you agree to the following terms and conditions (the Terms and Conditions). If you do not agree with these Terms and Conditions, you should not use our Services.
By using our Services, you acknowledge and agree that you have read and accept these Terms and Conditions and understand that in using our Services that you are entering into a binding agreement with us.
These Terms and Conditions were last updated on 30th August 2022.
Before you start reading, here is a summary of important terms to look out for:
- All capitalised words are defined in the definitions section below.
- These Terms and Conditions may change from time to time and we will notify you in accordance with clause 15(a).
- There are rules and cancellation fees that apply to cancelling our Services.
- We may restrict you from using our Services in certain circumstances including where you breach these Terms and Conditions.
- If you have any medical or physical conditions you must seek medical advice and clearance prior to using any of our Services.
- You must follow our ‘House Rules’.
- Subject to any rights you may have as a Consumer or at law, we limit our liability to you under these Terms and Conditions in relation to your use of our Services.
1. APPLICATION OF AGREEMENT
2. PRICING AND PAYMENT METHODS
- All prices quoted by us for our Services on our Website or otherwise include GST, unless otherwise specified.
- Our Services may be purchased via our Website, on the phone or in person at reception using your credit or debit card. We do not accept cash.
- We may from time to time and at our discretion vary the prices of the Services. We will advise you of any variation to the prices of Services in writing (by email or on the Website) and these variations will take effect from the date specified in the notice. We agree to provide at least 2 weeks’ notice for variations to Olympia Membership fees.
- Subject to clause 17.1, we do not offer refunds for ‘change of mind’.
- Where Services are offered to you on a complimentary basis, these Terms and Conditions will continue to apply in full to those Services, including our House Rules.
- Where you incur an Administration Fee or Late Cancellation Fee under these Terms and Conditions, you agree and provide consent to us, that we may charge you using your credit card or bank account details stored under your Olympia Account.
3. OFFERS AND MEMBERSHIPS
3.1 Founding Members Offer
- Pre-opening we are offering early, pre-launch purchasers of our Services (our Founding Members) a discount of 30% on the usual price of our Services (unless otherwise notified by us in writing) when 12 months of access to our Services is purchased up front (Founding Member Offer). More information can be found on our Website
- Founding Member Offers will be activated from the date Olympia opens to the public (Opening Date). We will provide all Founding Members with at least 2 weeks written notice of the Opening Date. The estimated Opening Date is Autumn 2023.
- Once activated, the Founding Members Offer will last for 12 months (Founding Member Access Period) and cannot be extended or renewed. Founding Members may elect to move to our standard Olympia Membership once the Founding Member Access Period has ended, and must notify us of their intention to do so.
- We value the contributions of our Founding Members to the start of Olympia, but please note that due to the heavily discounted nature of the Founding Member Offer all purchases are strictly non-refundable (subject to any rights you have which are discussed under 17.1).
- On activation, the Founding Member Offer entitles you to your chosen Services (or Services allocated by us) for the duration of the Founding Member Access Period.
- We reserve the right to end your Founding Member Access Period if you breach these Terms and Conditions. Subject to clause 17.1 you will not be entitled to a refund where we end your Founding Members Access Period under this clause.
- You are not permitted to suspend your Founding Member Access Period or transfer your Founding Members Access Period to another person.
3.2 Olympia Membership
- Olympia Memberships can be purchased via the Website.
When purchasing an Olympia Membership you will be required to select the following features to “build” your membership:
The types of Services you would like to include (out of bathing, movement and treatment Services) (Selected Services);
- Where you select bathing Services, the number of hours of bathing each week;
- Where you select movement Services, the number of classes per week; and
- Where you select treatment Services, the number of treatments per month.
The duration of your Olympia Membership (Term)
The payment schedule applicable to your Olympia membership (Payment Cycle).
- We will charge you the Initiation Fee (defined below at clause 17) where you select a month-to-month, 3 month or 6 month Term.
- Your Olympia Membership will activate on the date of purchase and will continue until it is cancelled or ends in accordance with these Terms and Conditions.
- We will charge you for your Olympia Membership in accordance with your chosen Payment Cycle in advance (where payments made will cover your next period of use). We reserve the right to refuse you entry to Olympia where you have missed a payment in your Payment Cycle until the missed payment is rectified by you.
- You may purchase additional Services outside of your Olympia Membership, subject to availability.
- If you overstay your bathing sessions by more than 10 minutes per week, you agree that you will automatically be charged for extra time in 15-minute intervals in your next Payment Cycle via the debit or credit card you have provided to us.
- You will have access to your Selected Services for the duration of the Term of your Olympia Membership or until the membership is otherwise cancelled in accordance with these Terms and Conditions.
Your Olympia Membership fees must be paid by direct debit and you agree that the following terms shall apply:
- You authorise us to automatically direct debit through our Payment Processor such amounts in accordance with your chosen Payment Cycle or otherwise agreed in writing, from your nominated account.
- By making any direct debit payments to us under these Terms and Conditions through our Payment Provider, you acknowledge and agree that these payments are subject to the Payment Provider’s applicable agreement, which can be viewed here.
- Payments will show on your bank or credit card statements as “STRIPE RE Mindbody” (direct debits) and “Olympia Bath House” (other payments).
- We reserve the right to charge a fee where a direct debit payment is unable to be processed by us.
- We reserve the right to terminate your Olympia Membership where you fail to respond to correspondence from us regarding any failed payment(s) within a reasonable time frame (determined by us in our sole discretion)and will charge an Administration Fee where this occurs.
- It is your responsibility to ensure that your Olympia Membership details are accurate and up to date, including all contact details and your nominated bank or credit card details for payments.
- You may suspend your Olympia Membership by providing at least 7 days’ written notice to us. Suspensions will be made in weekly blocks and you are able to suspend your membership for a maximum of 4 weeks per calendar year where your chosen Term is 12 months (and pro-rated based on the length of your chosen Term where your chosen Term is less than 12 months) and provided you have not already paid for that membership up front, in which case you are not able to suspend your membership.
- Where you hold an Olympia Membership, you must provide at least 24 hours’ notice should you wish to cancel or reschedule your bathing session, movement class or treatment, otherwise we may deduct those Services from your Olympia Membership entitlements.
- Booking sessions for our Services is subject to availability and our capacity restrictions.
- You must provide at least 24 hours notice should you wish to cancel or reschedule your member Services, or we will charge you the Late Cancellation Fee (defined at clause 17 below), which you agree to pay.
3.3 Termination of Olympia Membership
- If you wish to terminate your Olympia Daily Membership, you must notify us at least 7 days before your next Payment Cycle and your membership will terminate at the conclusion of the current Payment Cycle. If you fail to notify us within 7 days, you will be charged for the next Payment Cycle and this amount will be non-refundable.
- An Administration Fee (defined at clause 17 below). may be charged by us for all termination requests processed.
4. Casual USERs and Multi-Session passes
- You may purchase access to our Services on a casual basis via the Website, over the phone and in person. We accept walk-ins subject to our capacity and availability of Services.
- Bathing access can be purchased in 60, 90 or 120 minute sessions, and additional time can be purchased in 15 minute blocks. You will be automatically charged in 15 minute blocks if you overstay your allocated session time.
- Casual users may purchase packages of movement, bathing and treatment sessions (Multi-Session Passes). Multi-Session Passes expire 12 months after the date of purchase (Validity Period).
- Except as otherwise provided for under the Australian Consumer Law and subject to clause 14.1 you will not be entitled to a partial or full refund of your Multi-Session Pass, where you did not use all Services in your Multi-Session Pass within the Validity Period.
- You are not permitted to suspend your Multi-Session Pass or transfer your Multi-Session Pass to another person.
- Subject to clause 14.1 Olympia reserves the right to cancel a Multi-Session Pass purchased by you, if you breach these Terms and Conditions. You will not be entitled to a refund, where we cancel a Multi-Session Pass under this clause.
- Where you are a casual user, you must provide at least 24 hours notice should you wish to cancel or reschedule your Services, or we will charge you the Late Cancellation Fee (defined at clause 17 below), which you agree to pay.
5. Special Events
- From time to time we may offer a variety of specialist classes, workshops and other events at Olympia (Special Events) to members and casual users. Special Events are not included in Olympia Memberships.
- You are not permitted to transfer any booking for a Special Event to another person unless you have our prior permission.
- We may list additional terms and conditions that apply to your involvement in any Special Event on the Website or in email communications and you agree to comply with such terms and conditions.
- We give everyone as much chance as possible to attend classes at Olympia. If you are on a waitlist, you can be added into your selected class at any time of the day, up to 30 minutes before that class starts.
- If you are opted in to receive waitlist notifications, you will receive an email or text confirming a space has become available and has been allocated to you. Unless you notify us otherwise, we will assume you have accepted that space and will attend the class, and we reserve the right to charge the Late Cancellation Fee if you do not attend, and you agree to pay that fee.
7. HOUSE RULES and etiquette
- All staff, members, guests and other attendees to our space must abide by the following rules and health and safety requirements, as amended from time to time (House Rules):
- You must comply with any and all relevant laws;
- You must not act in a way that is inappropriate, abusive, offensive, dangerous, unsafe, illegal or otherwise in breach of these Terms and Conditions (as determined by us), either towards other persons using our Services or otherwise in connection with the use of our Services;
- You must respect other persons using our Services and our Representatives, including gender identities and pronouns. We will not tolerate racist, homophobic or transphobic behaviour or any body shaming of others whatsoever;
- You must not use your mobile phone while using our Services unless you obtain our prior permission;
- You must not take photos or videos of other members without obtaining their prior consent. You must also seek our prior permission before taking any photos or videos at Olympia whatsoever;
- You must not touch anyone without first obtaining their express permission;
- You must not engage in any sexual activity at our premises;
- You must not attend our premise under the influence of drugs or alcohol;
- You must maintain good hygiene when using our Services;
- You must respect and care for our facilities and equipment and must not use our facilities and equipment in a way contrary to their usual or intended purpose;
- You must not damage our facilities, equipment, furniture or any other goods belonging to us, our Representatives or our guests while using our Services;
- You must not bring or consume your own food and drink at Olympia;
- You must cease using our Services if you experience injury, discomfort or illness;
- Ensure you are wearing suitable attire when using our Services and that no shoes, mobile devices, glass water bottles or other inappropriate items are taken into our bath house;
- You must not obstruct any entrances, walkways or common areas; and
- You must enter and leave Olympia without making unreasonable levels of noise or disruption.
- Prior to using our bathing Services, you must have been examined by a qualified medical practitioner within the preceding 6-month period and have been found by such practitioner to be in good physical health and physically able to bathe in hot and cold environments;
- Your bathing session will begin to run from your selected time, even if you are late. If you are late, the amount of bathing time you are entitled to will be reduced by the amount of time you are late to your session;
- You must shower before using our bathing facilities, and you must shower before and after using our hammam, sauna and steam room facilities to ensure any sweat is washed off;
- All guests must rinse the tiled benches and chairs in the hammam and steam rooms before and after use, using the water hose provided;
- We ask for a lowered speaking volume when using our bath house facilities, and our saunas and steam rooms are quiet zones;
- You must not dive, jump or excessively or unnecessarily splash in our bath house pools;
- Olympia is a spa where being naked is seen as natural – so during nude bathing sessions we are naked where it is natural to be so. Please always show respect for other guests; and
- Nude bathing is reserved for users over the age of 18.
Movement (Yoga, Qi Gong, Tai Chi and similar classes)
- You should aim to arrive 15 minutes before each movement class so that the class can start promptly at the scheduled time;
- You must not attempt to enter a class if you are not checked in or the door has been closed for the class;
- You must follow your practitioner’s instructions at all times;
- We reserve the right to change the practitioner of any movement classes without giving notice to you; and
- A limit of 2 movement classes per day per member applies. We reserve the right to remove you from classes exceeding the limit.
- You must arrive at least 15 minutes before a treatment session. If you are late for your treatment session your treatment will be shortened by the amount of time you are late; and
- We reserve the right to change your practitioner without giving notice to you.
If you breach our House Rules you will be removed from Olympia and your Olympia Membership (if any) may be cancelled. Any amounts paid by you will be forfeited and we will not provide a refund.
Where a breach of our House rules is severe (to be determined by us) we may report the incident to the police.
- Lockers are provided for you at Olympia and you agree that you leave your personal belongings and valuables in them ‘at your own risk’.
- Lockers are not to be used to store personal belongings and valuables when you are not using our Services. Any lockers that are left locked by users who have left our premises will be unlocked and emptied.
- Any belongings left behind will be kept as lost property by us for a maximum of 2 weeks, after which time they will be given to charity.
- We reserve the right to charge you the costs of repairing or replacing damaged or lost locker keys, cards or tokens.
9. Access Passes
- Members must present their electronic membership pass (and photo ID if requested by our staff) upon entry to Olympia at every visit. We reserve the right to refuse you entry if you cannot produce your membership pass
- Your membership pass remains our property at all times, and you must not lend or permit anyone else to use your membership card.
- If you lose your membership pass, a replacement can be purchased from reception upon providing proof of identification.
- You acknowledge and agree that CCTV is operational in appropriate areas within Olympia for the purposes of safety and misconduct prevention.
11. our rights
You acknowledge and agree the following:
- We may remove or replace any equipment at our premises;
We reserve the right to change, cancel or delete classes and other activities from our schedule at our discretion without notice and without compensation;
We reserve the right in our absolute discretion to refuse you entry to or eject you from our premises, including if you:
- fail to provide us with a valid and acceptable form of identification;
- are under the age of 16 or are between the ages of 16 and 18 and do not have consent from your parent or legal guardian; or
- breach these Terms and Conditions.
We reserve the right to close Olympia, or provide a reduced schedule of classes and activities during certain periods, including due to Force Majeure Events, during holiday periods, renovations and maintenance and repairs.
If we in accordance with our rights under clause 9(d) above:
- close Olympia, and you have bookings during the closure period, we agree to reschedule those bookings;
- reduce our booking schedule during any period, any bookings you booked during that period which are no longer available, will be credited to your Olympia Account; and
- close Olympia for more than 4 consecutive days you may request an extension of your Olympia Membership or period during which you are entitled to use your Multi-Session Pass (without penalty or further charge) and we will not unreasonably withhold our approval to extend your membership or Multi-Session Pass validity period.
12. INTELLECTUAL PROPERTY
- You must not copy, reproduce, sell, distribute, license or otherwise use our Intellectual Property without our prior written consent, which may be withheld by us in our absolute discretion.
Where you make a recording or take a photograph without permission as required by clause 7(b)(v) (Infringing Content), you confirm that the Intellectual Property Rights in the Infringing Content shall automatically vest upon creation in Olympia and shall be our exclusive property throughout the world in perpetuity or is otherwise assigned by you to us. You agree to execute any document as required by us to confirm our ownership in any Infringing Content.
Unless you otherwise advise us in writing whereby this clause will not apply to any Content created by us after this notice, you consent to us making recordings and taking photographs of you at Olympia (Content) and using the Content for promotional purposes associated with Olympia including online via our Website and social media pages and on printed materials.
14. MEDICAL AND PHYSICAL CONDITIONS
- By agreeing to these Terms and Conditions, you warrant that you have no medical or physical conditions that you are aware of that may affect your ability to safely use our Services
- If you have any current medical or physical conditions, it is your responsibility to ensure that you have permission from your doctor or treating practitioner to safely use our Services.
- It is your responsibility to let us know if you have any medical or physical conditions that may affect your ability to safely use our Services. If your medical or physical condition changes after becoming a member it is your responsibility to let us know.
Our classes are not designed specifically for women during pregnancy, however it may be possible for you to attend certain classes if you have your medical practitioner’s permission or are an experienced practitioner. In such circumstances you must always inform the class teacher of your circumstances and agree to adapt your practice according to that teacher’s instruction as they deem necessary.
We reserve the right to refuse your participation in any class or service or other event if it appears to the class teacher or other staff member that your medical or physical condition would make it unsafe to do so.
- You acknowledge and agree that whilst we take all reasonable steps to ensure that the Services provided by Olympia are safe, there are some significant and inherent risks for you in participating.
- As a condition of using our Services and participating in classes and other activities at Olympia, you agree to sign the Waiver prior to participating for the first time or as otherwise requested by us.
16. ADDITIONAL HEALTH AND SAFETY MEASURES
The safety of our guests, members and staff is paramount, and we may from time to time introduce reasonable health and safety measures (such as temperature checks before entry to our facilities in response to COVID-19). If you refuse to comply with any reasonable health and safety measures we impose, we reserve the right to refuse you entry to Olympia at our discretion (unless we are reasonably satisfied that a medical exemption applies).
17.1 Australian Consumer Law & Other Rights
- Subject to the terms and conditions of the Waiver, you retain all rights under the Australian Consumer Law when acquiring the Services.
- Subject to the terms and conditions of the Waiver, nothing in these Terms and Conditions will limit, restrict or exclude any consumer guarantees under the Australian Consumer Law or any other non-excludable rights you may have at law.
17.2 Limitation of liability
Subject to clause 17.1 and to the extent permitted by law, you agree:
- We (and our Representatives) will not be liable and exclude all liability (whether arising under these Terms and Conditions, in tort, equity, statute or in any other way) for all Loss sustained by you in relation to your use of our Services or inability to use our Services.
- We (and our Representatives) will not be liable and exclude all liability (whether arising under these Terms and Conditions, in tort, equity, statute or in any other way) for all Loss sustained by you, due to any act or omission by our sub-contractors who may assist us to supply the Services.
You hereby release us and Representatives from all Claims (whether arising under these Terms and Conditions, in tort, equity, statute or in any other way) you may have against us and Representatives in connection with these Terms and Conditions or otherwise entering and using our Services.
If we are found to be liable to you under these Terms and Conditions or otherwise, to the extent permitted by law, then our maximum aggregate liability will not exceed the total fees paid to us in relation to your use of our Services during the last 24 months.
You indemnify us and our Representatives against all Claims and Losses (excluding any Consequential Loss) incurred by us or our Representatives arising out of or in connection with:
- any death of, or injury to, any person and any loss to the property of any person, caused by a negligent or unlawful act or omission of you in relation to your use of our Services; or
- any breach of these Terms and Conditions by you.
18. CHANGES TO TERMS AND CONDITIONS
- We may change these Terms and Conditions from time to time and will provide you with 2 weeks’ prior written notice by email of any changes. We will also upload changes to the Website. Your continued use of the Services after we notify you of any changes, means that you accept those changes.
If you do not agree with any changes made under clause 15(a), you have the following rights:
- If you have an Olympia Membership, you may terminate the Membership under clause 3.3.
- If you are on a Multi-Session Pass, you may request prior to the effective date of the changes, a pro-rata refund on the unused portion of the classes;
- If you have booked a Special Event, you may request prior to the effective date of the changes, a refund and we agree to pay that refund.
Where you request a refund under clause 15(b)(ii) or clause 15(b)(iii), we agree to pay that refund, such refund amount to be determined by us in good faith based on the extent of your use up to the date of termination of that Olympia Membership or Multi-Session Pass.
19.2 Entire Agreement
These Terms and Conditions is the entire agreement between the parties and supersedes all prior discussions, understanding and agreements in relation to the subject matter of these Terms and Conditions.
We may assign, transfer or otherwise deal with any right or obligation under these Terms and Conditions for the purpose of restructuring, merger with another entity or a sale of business.
If any provision is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid, without affecting the validity or enforceability of the remaining provisions of these Terms and Conditions.
Termination in whole or in part of these Terms and Conditions does not affect those provisions and those obligations of a party which by their very nature survive termination.
19.6 Governing law and jurisdiction
These Terms and Conditions are governed by the laws in force in Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.
In these Terms and Conditions, the following definitions apply:
Administration Fee means:
- Where there is 12 months or more remaining on the Term, $295;
Where there is between 6 months and 12 months remaining on the Term, $245; and
Where there is less than 6 months remaining on the Term, $195.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business; but specifically excludes legal and other professional costs of the parties.
Force Majeure Event means an act of god, war, natural disaster, pandemic, global financial crisis, financial crisis, injury or illness, death in the family, government shutdown or similar restrictions, hacking, viruses, internet connectivity issues, power outages and any other cause not reasonably within the control of the party affected.
GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Initiation Fee means a once off fee of $49 applicable where a membership with a term under 12 months is purchased.
Intellectual Property means copyright and related rights, industrial property, (such as inventions, discoveries, patents, industrial designs, trade marks, commercial and business names, semi-conductor and circuit layouts) and all other rights resulting from intellectual activities in the industrial, scientific, literary or artistic fields.
Late Cancellation Fee means:
Casual users will be refunded the difference between the price of their booked Services and the Late Cancellation Fee applicable to them (if any). Members will be charged the Late Cancellation Fee in addition to their membership fees.
Loss means any loss, cost, expense (including legal costs on a full indemnity basis) or damage, whether direct or indirect, present or future, fixed or ascertained, actual or contingent and whether arising under contract, in tort, at common law, in equity, under statute, under an indemnity or otherwise.
Payment Processor means BECS Direct.
Representative means any person acting for or on behalf of us and includes any director, officer, employee, agent, contractor or sub-contractor of ours.
Olympia Account means an account with us which allows you to purchase, access and use our Services.
Waiver means the waiver of liability form which you must sign before using our Services for the first time or at another time as otherwise requested by us.
Website means www.olympiadaily.com.
In these Terms and Conditions:
- words such as including or for example do not limit the meaning of the words preceding them;
if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
a reference to a document or instrument, including these Terms and Conditions, includes all of its clauses, paragraphs, recitals, parts, schedules and annexures;
a party includes the party’s successors and permitted transferees and assigns and if a party is an individual, includes executors and personal legal representatives;
an obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits them all jointly and severally; and
no provision of these Terms and Conditions will be construed to the disadvantage of a party merely because that party was responsible for preparing this Deed or including the provision in these Terms and Conditions.