WAIVER

 

 AQUASSAGE

LIABILITY WAIVER

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-

  • are rendered with due care and skill; and

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

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

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

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

  

By signing below, you acknowledge and agree to the following:

1.                 This waiver forms a binding contractual agreement between you and NINIMIR PTY LTD ABN 26 653 708 859 operating under the registered business name AquaSsage (referred to in this waiver as ‘AquaSsage’, 'we', 'us', or 'our') and is entered into in consideration for you being permitted to participate in the Services as defined in the Service Agreement which includes this waiver (Agreement). Any definitions used in this waiver are the same used in the Service Agreement and this waiver forms part of the Service Agreement. If you are using our Services without the Service Agreement, then Services refers to our dry aqua massage, infrared wellness cocoon, vibroacoustic sound therapy and any other services we may provide to you.   

2.                 Participating in the Services may expose you to risks if you do not follow the operating instructions correctly. These risks include accidents, serious injury or illness. AquaSsage uses its best endeavours to protect you but there remains a possibility of an accident causing injury, illness, disability or property damage. You participate in the Services at your own risk and acknowledge that you have read this waiver and the Service Agreement, which describe your rights under Australian Consumer Laws, and how AquaSsage limits its liability to you. 

3.                 You understand and acknowledge that participating in the Services, including but not limited to any dry aqua massage, infrared wellness cocoon or vibroacoustic sound therapy and the associated equipment owned and operated by AquaSsage may expose you to risk, including accidents, injury or illness. You assume all risk of injuries associated with participation in the Services, including but not limited to heart related issues, stroke, injuries from high heat and the loss of your personal property and exclude AquaSsage from liability.  

4.                 You understand and accept that you will be using the Services largely unsupervised and you will do so at your own risk. You acknowledge and accept that if you are injured, become unconscious, suffer a stroke or heart attack whilst using the Services unsupervised that AquaSsage cannot respond to your emergency and that AquaSsage will have no duty to provide assistance to you.  

5.                 Because of the risk in the Services, AquaSsage urges you to obtain a physical examination and medical clearance from a doctor before using the Services. You agree that when you engage in the Services, you do so entirely at your own risk.

6.                 You are not, and will not participate in the Services at any time while you are, under the influence of alcohol or illicit substances.

7.                 You warrant and represent that you have no injuries, physical restrictions, disabilities or predispositions to sickness or injury, including any issues relating to pregnancy (Conditions) that may affect your participation in the Services or that if you are aware of such Conditions, you participate in any Services provided by AquaSsage entirely at your own risk. You warrant and represent that you have not been told that you cannot participate in the Services, specifically massage or infra-red services, by a medical or health practitioner.

8.                 You warrant and agree to comply at all times with any instructions, directions or manuals on how to use the Services given to you by AquaSsage or any of its personnel, including operating any emergency stops if necessary. You acknowledge and agree that you are in control of stopping the Services at any time whenever you feel there is any issue.

9.                 You exclude, hereby release and agree to indemnify, defend and hold harmless, AquaSsage and its directors, officers, employees and contractors, other participants and any other persons involved in your participation in the Services with AquaSsage (Releasees) from any demand, claim, liabilities or other proceeding, including injury to you or a third party (including where that injury causes permanent disability), your death or the death of a third party to any injury or death or loss or damage to personal property in connection with your participation in the Services with AquaSsage, whether or not caused by the negligence of a Releasee or any other third party.

10.               You agree to indemnify each Releasee in relation to any demand, claim or proceeding that may be brought in connection with your participation in the Services with AquaSsage where circumstances giving rise to such a demand, claim, or proceeding were caused or contributed to by you or your breach of this Agreement (including the Service Agreement). 

11.               You agree that should any part of this Agreement and waiver be found by a court of law to be against public policy or in violation of any state statute or case precedence, then only that wording is removed and the remainder of this Agreement and waiver will remain in full force.

12.               Nothing in this Agreement is intended to limit the operation of the Competition and Consumer Act 2010 (Cth).

13.               This waiver is intended to be as broad and inclusive as is permitted by the law of Victoria, Australia and the provisions of this waiver are severable so that if any provision is held to be invalid the remainder shall remain in full force and effect. This waiver is to be interpreted by the laws of the Victoria, Australia.