Consultation Form

Part Two – GENERAL RELEASE

Risk Warning and Acknowledgement

1. Participation in any activities arranged or supplied by Continental Wellness Operations Pty Ltd, and its officers, employees, servants, agents, contractors and assigns (‘the Service Provider’) including, without limitation, the
   Aurora Spa & Bathhouse
   and wellness centre including the use of treatment rooms, relaxation lounge, boutique, float room, hydro-therapy pools, traditional sauna, salt therapy and ‘igloo’ ice room, and receiving any therapeutic or spa treatments ('the Services’) may involve significant risks, including the risk of personal injury and death. Particular risks include:
   1. allergic reaction;
   2. dehydration;
   3. drowning;
   4. slipping;
   5. joint injuries, twists, sprains, ligament damage, broken bones and/or muscle or other physical injury;
   6. overheating; and/or
   7. death.

2. Before you participate in the Services, you must ensure that you are aware of, and properly understand, all of the risks involved in the Services, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which you suffer.

3. You acknowledge, agree and understand that your participation in the Services provided by the Service Provider may involve:
   1. risks generally (including the risk of injury, accident or death); and
   2. those particular risks described above; and
   3. any other risks that have been explained to me by the Service Provider;

('the Risks').

4. You acknowledge, agree and understand that you engage or participate in or undergo the Services voluntarily and at your own risk in full knowledge of the Risks, and that you voluntarily and knowingly assume full responsibility for any Risks. You confirm that you have no pre-existing medical or health conditions that would prevent you from participating in or undergoing the Services or that the Services would negatively impact.

Waiver & Release

5. Section 139A of Competition and Consumer Act, 2010 (Cth) ('the CCA') and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) ('the AC Act') permits the Service Provider of the Services to ask you to agree that the statutory guarantees under the Australian Consumer Law, which is Schedule 2 to the CCA, do not apply to you (or a person for whom or on whose behalf you are acquiring the services, including any minor).

6. You acknowledge, agree and understand that, to the full extent permitted by law, the liability of the Service Provider in relation to its supply of any recreational services (as that term is defined in the CCA and the AC Act, as applicable, including the Services) for any:
   1. death;
   2. personal injury (as that term is defined in the AC Act);

that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services, including any minor) resulting from the supply of recreational services or recreational activities is excluded, including, without limitation, by reason of the recreational services not being supplied with due care and skill or not being reasonably fit for their purpose or for breach of any of the consumer guarantees applied by the Australian Consumer Law (Victoria), or due to the negligence, breach of contract or statute or statutory duty by the Service Provider.

7. To the full extent permitted by law, you (or the person for whom or on whose behalf you are acquiring the services, including any minor) agree to waive, release and discharge the Service Provider from any and all claims of any nature whatsoever, rights, causes of action, suits, demands, costs, loss, damages, or other liabilities which you or your dependants, legal representatives, heirs, successors, executors, administrators, agents and assigns might otherwise have against the Service Provider in connection with or incidental to your use of the Services ('Claims'), including, without limitation, any Claims for or arising out of your death or physical or mental injury, disability, disease, property theft, property damage, loss and damage or economic loss which you may suffer or sustain in the course of or consequential upon or incidental to your participation in the Services, whether caused by the negligence of the Service Provider or otherwise. You agree to hold harmless and indemnify the Service Provider from and against any and all such Claims.

8. Without limitation to the foregoing, to the full extent permitted by law, but subject to any non-excludable consumer guarantees implied pursuant to the Australian Consumer Law, in no event will the Service Provider be liable in respect of any claim in connection with or incidental to the supply of the Services for any indirect or inconsequential loss or damage including without limitation personal injury, financial loss (such as loss of profits or use of capital or revenue or otherwise), or for any punitive, exemplary, special, incidental or consequential loss or damage whether such liability arises in contract, tort, equity, breach of statute or statutory duty or breach of any consumer guarantees.

9. You acknowledge, agree and understand that:
   1. the Service Provider will permit you to participate in the Services, and provide you with the associated services, in part in consideration of you signing this document;
   2. the Service Provider may rely on this document in any proceedings commenced in any Court by me or by my heirs, executors and assigns; and
   3. the laws of Victoria govern this document.

10. You do not have to agree to exclude, restrict or modify or waive your rights against, or release, the Service Provider from any claims by signing this document, however the Service Provider may refuse to allow you to participate in the Services, or to provide you with the associated services, if you do not agree to exclude, restrict, modify or waive your rights against, or release, the Service Provider by signing this document. Even if you sign this document, you may still have further legal rights.

11. You agree that the waivers and releases contained in this document apply for every visit you make to the Service Provider until such time as you withdraw or modify your consent in writing or the Service Provider modifies these terms with your consent by signing a new document. You will not be required to sign future waivers on the understanding that this waiver document shall apply to all your future participation in the Services.

General Conditions of Entry

12. The safety and enjoyment of all participants engaged in the Services is important to the Service Provider. You must comply with the safety and other general instructions given by the Service Provider at all times in respect to the Services and while you are at the Service Provider's premises ('the Premises'). Your entry to and time at the Premises is strictly conditional upon your compliance with such instructions (and you expressly acknowledge and agree that your entry and time at the Premises is strictly on this basis), and if you fail to comply, you may be immediately removed from the premises and refused entry in the future.. A refund for any unused time will not be provided should you be removed from the premises for any reason whatsoever.

13. You are liable for all damage to property at the Premises caused by you, and you must immediately upon demand from the Service Provider, pay to the Service Provider all costs of repair or replacement of such damaged property.

14. You acknowledge, agree and understand that:
    1. children under 8 years of age must, at all times when within the Premises, be within arm’s reach of a guardian.
    2. childrenaged between 8 to 15 years of age must, at all times when within the Premises, be accompanied by a guardian and be within close visual line of sight of that guardian.

15. On occasion, the Service Provider may take promotional video footage or photographs at the Premises. Unless you specifically request in writing the contrary, you consent to your image being captured and used by the Service Provider while you are engaged in the Services for any promotional or advertising purposes.

16. You acknowledge that security video is used in the public areas of the Premises and consent to this use for security and safety purposes.

17. If the participant is under 18 years of age, their parent or legal guardian agrees to sign this document on their behalf. If this is the case, any references to 'you', 'your', 'me' or similar in this document is deemed to be a reference to the parent or legal guardian of the minor and the minor, such that both are bound by the terms, waivers and releases contained herein.

Part Two – GENERAL RELEASE

Risk Warning and Acknowledgement

1. Participation in any activities arranged or supplied by Continental Wellness Operations Pty Ltd, and its officers, employees, servants, agents, contractors and assigns (‘the Service Provider’) including, without limitation, the
   Aurora Spa & Bathhouse
   and wellness centre including the use of treatment rooms, relaxation lounge, boutique, float room, hydro-therapy pools, traditional sauna, salt therapy and ‘igloo’ ice room, and receiving any therapeutic or spa treatments ('the Services’) may involve significant risks, including the risk of personal injury and death. Particular risks include:
   1. allergic reaction;
   2. dehydration;
   3. drowning;
   4. slipping;
   5. joint injuries, twists, sprains, ligament damage, broken bones and/or muscle or other physical injury;
   6. overheating; and/or
   7. death.

2. Before you participate in the Services, you must ensure that you are aware of, and properly understand, all of the risks involved in the Services, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which you suffer.

3. You acknowledge, agree and understand that your participation in the Services provided by the Service Provider may involve:
   1. risks generally (including the risk of injury, accident or death); and
   2. those particular risks described above; and
   3. any other risks that have been explained to me by the Service Provider;

('the Risks').

4. You acknowledge, agree and understand that you engage or participate in or undergo the Services voluntarily and at your own risk in full knowledge of the Risks, and that you voluntarily and knowingly assume full responsibility for any Risks. You confirm that you have no pre-existing medical or health conditions that would prevent you from participating in or undergoing the Services or that the Services would negatively impact.

Waiver & Release

5. Section 139A of Competition and Consumer Act, 2010 (Cth) ('the CCA') and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) ('the AC Act') permits the Service Provider of the Services to ask you to agree that the statutory guarantees under the Australian Consumer Law, which is Schedule 2 to the CCA, do not apply to you (or a person for whom or on whose behalf you are acquiring the services, including any minor).

6. You acknowledge, agree and understand that, to the full extent permitted by law, the liability of the Service Provider in relation to its supply of any recreational services (as that term is defined in the CCA and the AC Act, as applicable, including the Services) for any:
   1. death;
   2. personal injury (as that term is defined in the AC Act);

that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services, including any minor) resulting from the supply of recreational services or recreational activities is excluded, including, without limitation, by reason of the recreational services not being supplied with due care and skill or not being reasonably fit for their purpose or for breach of any of the consumer guarantees applied by the Australian Consumer Law (Victoria), or due to the negligence, breach of contract or statute or statutory duty by the Service Provider.

7. To the full extent permitted by law, you (or the person for whom or on whose behalf you are acquiring the services, including any minor) agree to waive, release and discharge the Service Provider from any and all claims of any nature whatsoever, rights, causes of action, suits, demands, costs, loss, damages, or other liabilities which you or your dependants, legal representatives, heirs, successors, executors, administrators, agents and assigns might otherwise have against the Service Provider in connection with or incidental to your use of the Services ('Claims'), including, without limitation, any Claims for or arising out of your death or physical or mental injury, disability, disease, property theft, property damage, loss and damage or economic loss which you may suffer or sustain in the course of or consequential upon or incidental to your participation in the Services, whether caused by the negligence of the Service Provider or otherwise. You agree to hold harmless and indemnify the Service Provider from and against any and all such Claims.

8. Without limitation to the foregoing, to the full extent permitted by law, but subject to any non-excludable consumer guarantees implied pursuant to the Australian Consumer Law, in no event will the Service Provider be liable in respect of any claim in connection with or incidental to the supply of the Services for any indirect or inconsequential loss or damage including without limitation personal injury, financial loss (such as loss of profits or use of capital or revenue or otherwise), or for any punitive, exemplary, special, incidental or consequential loss or damage whether such liability arises in contract, tort, equity, breach of statute or statutory duty or breach of any consumer guarantees.

9. You acknowledge, agree and understand that:
   1. the Service Provider will permit you to participate in the Services, and provide you with the associated services, in part in consideration of you signing this document;
   2. the Service Provider may rely on this document in any proceedings commenced in any Court by me or by my heirs, executors and assigns; and
   3. the laws of Victoria govern this document.

10. You do not have to agree to exclude, restrict or modify or waive your rights against, or release, the Service Provider from any claims by signing this document, however the Service Provider may refuse to allow you to participate in the Services, or to provide you with the associated services, if you do not agree to exclude, restrict, modify or waive your rights against, or release, the Service Provider by signing this document. Even if you sign this document, you may still have further legal rights.

11. You agree that the waivers and releases contained in this document apply for every visit you make to the Service Provider until such time as you withdraw or modify your consent in writing or the Service Provider modifies these terms with your consent by signing a new document. You will not be required to sign future waivers on the understanding that this waiver document shall apply to all your future participation in the Services.

General Conditions of Entry

12. The safety and enjoyment of all participants engaged in the Services is important to the Service Provider. You must comply with the safety and other general instructions given by the Service Provider at all times in respect to the Services and while you are at the Service Provider's premises ('the Premises'). Your entry to and time at the Premises is strictly conditional upon your compliance with such instructions (and you expressly acknowledge and agree that your entry and time at the Premises is strictly on this basis), and if you fail to comply, you may be immediately removed from the premises and refused entry in the future.. A refund for any unused time will not be provided should you be removed from the premises for any reason whatsoever.

13. You are liable for all damage to property at the Premises caused by you, and you must immediately upon demand from the Service Provider, pay to the Service Provider all costs of repair or replacement of such damaged property.

14. You acknowledge, agree and understand that:
    1. children under 8 years of age must, at all times when within the Premises, be within arm’s reach of a guardian.
    2. childrenaged between 8 to 15 years of age must, at all times when within the Premises, be accompanied by a guardian and be within close visual line of sight of that guardian.

15. On occasion, the Service Provider may take promotional video footage or photographs at the Premises. Unless you specifically request in writing the contrary, you consent to your image being captured and used by the Service Provider while you are engaged in the Services for any promotional or advertising purposes.

16. You acknowledge that security video is used in the public areas of the Premises and consent to this use for security and safety purposes.

17. If the participant is under 18 years of age, their parent or legal guardian agrees to sign this document on their behalf. If this is the case, any references to 'you', 'your', 'me' or similar in this document is deemed to be a reference to the parent or legal guardian of the minor and the minor, such that both are bound by the terms, waivers and releases contained herein.