MEMBERSHIP TERMS &
CONDITIONS
In these Terms & Conditions (Terms):
you refers to the member named the Membership Form;
we, us, our refers to Navia Byron Pty Ltd ABN: 65 681 769 433
Navia refers to the Navia Bathhouse located at 7 Marvell St, Byron Bay, NSW, 2481
These Terms, together with the Code of Conduct, Terms and Conditions and Privacy Policy(where applicable) (made available on our website naviabathhouse.com.au) and the following completed documents:
your Membership Application;
your Direct Debit Form (if applicable to your membership);
the risk and liability warning;
Client Safety and Consent Policy
make up all of the terms of a Membership Agreement (Agreement) between you, and us. It is important that you have read and understood all of the terms and conditions of the Agreement before agreeing to these Terms.
In using Navia you agree to comply with these Terms, if you do not agree to these Terms then you must not enter and cease to use Navia.
By completing the Membership Form or Purchasing a membership on the website and using Navia you acknowledge and agree:
to use Navia in accordance with the obligations set out in these Terms;
you are medically able to undertake significant physical exertion and use Navia at your sole risk and responsibility;
that the use of the Navia may be physically strenuous and draining and your use of any equipment or facilities in Navia may expose you to inherent risks, including accidents, injury illness and even death; and
you assume all risk of injuries or death associated with entry to, and/or use of Navia.
The Terms commence on the date that you have completed the Membership Form and accepted these Terms (Contract Start Date). If you have any questions please ask us.
MEMBERSHIP
Navia members have the privilege of unlimited access to Navia's bathhouse facilities and amenities.
Members must be at least 18 years of age.
We ask that the members keep us informed of up-to-date contact details and emergency contact details.
Membership is non-transferable except at our discretion in exceptional circumstances.
Our team reserves the right to suspend or revoke your membership should these Terms, the Code of Conduct or the Terms & Conditions not be followed or any other antisocial or illegal activity observed.
Your membership and access to Navia's facilities and services commences on the Membership Start Date
MEMBERSHIP TYPES
There are currently 2.
You are becoming a member of Navia under the type of membership stated in your Membership Form.
You may change your membership to another Membership Type as long as you qualify for the new Membership Type and you serve any remaining period of your Minimum Commitment Period under that new Membership Type.
We must receive notice of any change to your Membership Type at least 3 days prior to the start of the billing period from which you want the change to be effective.
MEMBERSHIP TERM
Your membership will start on the membership start date (Membership Start Date) set out on your Membership Form, provided that:
you have accepted these Terms, your Membership Form, and your Direct Debit Form (if applicable);
you have completed a Client Safety and Consent Policy and, if applicable, provided any other medical details of your health and fitness to our satisfaction; and
we have received the required payments as set out in your Membership Form.
You will be able to access to Navia and book sessions your Membership Start Date
MINIMUM COMMITMENT PERIOD
Unless otherwise stated on your Membership Form, your membership has a minimum commitment period of 3-payments (6-weeks) from the start of the first billing period following your Membership Start Date (Minimum Commitment Period), unless terminated under these Terms.
On completion of your Minimum Commitment Period on the end date set out in your Membership Form, your membership will automatically renew on a fortnightly basis, requiring 14-days notice to cancel.
USE OF FACILITIES AND SERVICES
You may only use Navia during opening hours, with a booking. Navia opening hours can be found on our website and displayed at the Navia entrance, which are subject to change. Navia may be closed at any time in the event of an emergency or due to circumstances beyond our control (including but not limited to power failures, issues with a facility, pandemic or government directions) or at any other time for other reasons including maintenance and cleaning. Only Navia employed staff and therapists are allowed to provide services within Navia's facilities. All activities and treatments are taken under the member's own risk and knowledge. Please refer to our Code of Conduct for attire and conduct rules.
MEDICAL ADVICE
You agree that you are medically able to undergo hot & cold bathing and have obtained approval to use Navia from an authorised medical practitioner and that you have no medical conditions that impact how you plan to use Navia.
You agree to advise us in writing if there are any risks to your health if you use Navia and to provide written clearance from an authorised medical practitioner to continue to use Navia if necessary or otherwise requested by us.
BOOKINGS
Navia members are required to use the booking system located on the Navia website (naviabathhouse.com.au) to manage their bookings for sessions, treatments and classes.
Members can seek assistance from the team at Navia but are encouraged to learn how to use the website booking system.
We understand that plans change and sometimes it is out of our control but Navia is a small business and if a member cancels too close to their appointment we have potentially missed out on that spot being filled by someone else! Therefore, members will be charged a $10 cancellation fee or $20 fee for a no show.
Members can cancel for free if its more than 12 hours before their booked session.
GROUP CLASSES
Group classes may be booked in advance but failure to show up for a class will result in a cancellation/no show charge in line with the Navia Cancellation, Refund & No Show policy.
TREATMENTS
We understand that sometimes your schedule changes and therefore a full refund or exchange will be offered for treatments that are cancelled with 24 hours or more notice.
Treatment bookings must be cancelled at least 24 hours before your session if you cannot attend.
For no shows or cancellations within 24 hours of the booking no refund or exchange will be offered, as stipulated in the Navia Cancellation, Refund & No Show policy.
THEFT
All members are responsible for their own personal property whilst at Navia. We will not accept liability for damage or loss to a member's or guest's personal property brought onto Navia's premises.
Members and guests take their own risk with all activities and treatments.
Theft of any property or amenity in the business will not be tolerated by members or guests.
MEMBERSHIP FEES & PAYMENTS
Membership fees are paid in advance on a weekly, quarterly or annual basis depending on your membership type and the payment option selected on your Membership Form. Your membership entitles you to maintain a membership account with us, use Navia's bathhouse facilities and amenities with a booking. Some benefits will not be available to all membership types. As a Navia member you are personally responsible for payment to us of your membership fees and any other ongoing payments set out in your Membership Form as they fall due. As a member, your membership fees are payable for the whole of your Minimum Commitment Period at the total cost set out in your Member Form. You must pay the membership fee applicable to your membership type at the relevant time.
You may only pay your membership fee in advance by direct debit or periodic credit card authority under your Direct Debit Form. No other form of payment will be accepted. Your membership fees are fixed for the initial Minimum Commitment Period. All membership fees are reviewed annually.
You have the ability to cancel your membership at the end of your Minimum Commitment Period. If membership fees are to change, members will be notified by email 30 days before the fees are changed. After the Minimum Commitment Period, if you do not wish to accept an increase in your membership fees you may terminate your membership. If you do not terminate your membership, you will be required to pay any revised membership fees from the date from which the change becomes effective and your direct debit payments or credit card payments will be amended accordingly.
You will not be allowed to access Navia if your membership fees remain outstanding. Any failed payment fees will be passed onto the member and missed payments will have a week to make-up this payment before being put onto probation. A member can stay on payment probation for an extended week before we will revoke your membership rights, with payment still being due for the missed payments. We will collect any outstanding amounts and any charges we incur from late payment through your Direct Debit Form (if applicable). If you have a genuine dispute in relation to the collection of outstanding amounts or the charges we incur, please contact us at reception and for recurring membership types in accordance with the dispute procedure set out in the Direct Debit Form.
PRIVACY
The information you provide on the Membership Form is used for the purpose of providing your membership and collecting any membership fees. The information may be disclosed to our contractors for the purpose of collecting your memberships fees. If you do not provide all of the information requested we may not be able to provide you with a membership to Navia. From time to time we may need to send you essential information about your membership or use of Navia. We would also like to send you marketing and other related information (for example, information about wellbeing) relevant to your Navia membership from time to time, we will only do this with your consent. If the information you submitted on your Membership Form changes please let us know as soon as possible at Membership Team, info@naviah2.com.au. You can read more about how we collect, use and disclose your personal information in our Privacy Policy which is available at https://naviabathhouse.com.au/privacy/.
COOLING OFF
Your membership has a 2-day cooling off period from the Contract Start Date, during which you may cancel your membership with no fees or ramifications. Cancellation will be effective from the time notice is given.
CANCELLATIONS
You may cancel your membership at any time by giving us written notice. Unless one of the exceptions below apply, if you wish to cancel your membership within your Minimum Commitment Period, you will be required to pay out the remainder of your Membership Fee for the remainder of your Minimum Commitment Period.
Alternatively, you may wish to see out the remainder of your Minimum Commitment Period, in which case, the cancellation will be effective at the end of the Minimum Commitment Period and no cancellation fee would be payable.
You may also cancel your membership within your Minimum Commitment Period and no fee will payable under the following circumstances:
If you move or relocate 30km's or more away from a Navia club that is currently open in Australia. Proof of relocation is to be provided (for example, a lease agreement, change of address or utilities bill);
A medical practitioner deems that you are unable to participate in hot/cold bathing for a period longer than 6 months. Supporting documentation to be provided by a medical professional; or
You are declared bankrupt and you provide us with reasonable evidence such as copies of Court documentation or orders.
If your membership is cancelled during a billing period, your membership fees are due for the whole of each billing period. Your cancellation will take effect from the first direct debit date after we receive your notice of termination and the administration fee.
BREACH OF THESE TERMS
If you use Navia contrary to these Terms or our Code of Conduct or otherwise behave in a way that is illegal or that we consider to be inappropriate, we may suspend or terminate your membership by emailing or writing to you at the contact addresses we have on our records as we consider reasonably appropriate and can refuse entry to Navia at any time.
If your membership is terminated during that billing period, your membership fees are due for the whole of each billing period.
Complaints.
Any complaints in relation to Navia must be made in writing to hello@naviahq.com.au
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
If you proceed with a membership, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.
Under the Australian Consumer Law (NSW), 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 exclusion of these statutory guarantees is brought to your attention by 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.
LIABILITY
Without limitation to any other terms which are implied into this Agreement or by statute in relation to the supply of services which cannot be excluded or limited, we will ensure that the services that we provide to you are provided with due care and skill, are fit for the purpose for which they are commonly bought as is reasonable to expect in the circumstances, will correspond in the nature and quality with the services demonstrated to you, and are free from any defect rendering them unfit for the purposes for which our services are commonly acquired. To the extent permitted by law, unless we have breached these obligations we will not be liable for any death, injury, loss, liability or damage that you may incur as a result of the services provided by us to you.
Amendment of Terms.
We may amend the Terms applying to your membership from time to time. If we do, we will display the updated terms and conditions on our website. Your continued use of Navia constitutes acceptance of the amended Terms. If you do not agree to any amendments you must stop using Navia.
This Agreement is governed by the laws of NSW.
ACKNOWLEDGEMENT OF UNDERSTANDING
By accessing any of our services you acknowledge:
that you have read, fully understand and agree to the Terms and Conditions and;
you acknowledge you are 18 years or over, or;
if you are under 18 years of age, your parent or guardian agrees to the ‘Age Requirements’.
You or your parent or guardian, if relevant, understand that you are giving up substantial rights.
You further acknowledge that by accessing either Navia Bathhouse or the website you agree to these terms and conditions freely and voluntarily, without any inducement, assurance or guarantee being made to you.
GENERAL
Navia reserves the right to make changes to the terms and conditions at any time without notice to you. Any changes made are effective from time of publishing.