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Mobile Sauna Hire Terms And Conditions

BACKGROUND

 

A.      P KHARITONOV & A SYRSKII & I SYRSKYII trading as Wandering Sauna (ABN 71 210 288 045) (“we”, “us”, “our”) are the proprietor of mobile sauna trailers, available for hire by users of our website at www.wanderingsauna.com.au (“Website”).

B.      As a user of the Website hiring a mobile sauna from us, you acknowledge and agree with these terms and conditions of hire.

OPERATIVE PROVISIONS

1.  Interpretation

(a)  These words have the following meaning:
Agreement” means the terms and conditions set out in this document.

ACL” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Booking Form” means the booking form on the Website used to book the hire of a mobile sauna from us.

Business Day” means a day that is not a Saturday, Sunday, or public holiday in the State of New South Wales.

Council” means local government authority under the Local Government Act 1993 (NSW).

GST Law” means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).


(b)  Headings are for convenience only and do not affect the interpretation of this Agreement.

(c)  The singular includes the plural and vice versa.

(d)  Words that are gender neutral or gender specific include each gender.

(e)  Where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.

(f)  The words “such as”, “including”, and similar expressions are not words of limitation.

(g)  Reference to any Act of Parliament includes subsequent amended versions, and if the Act is repealed and replaced by another Act of the same or similar purpose, that Act. It also includes any subordinate legislation, statutory instrument, ordinance, by-law, judgment made by reference to or under the Act as amended or replaced.

(h)  All money amounts are expressed and payable in Australian dollars.

        (i)  A party includes its lawfully appointed agents or attorneys, successors, and permitted assigns

2.  Hire of Sauna

(a)  Subject to payment of all Deposit and the Hire Fee pursuant to clause 3, you are entitled to use the Sauna for the period of hire you have nominated on the Booking Form and for any extension of the period of hire agreed by us (“Hire Period”).

(b)  If requested, we will endeavour to:

(i) deliver the Sauna to you on the hire commencement date and time set out in the Booking Form; and

(ii) collect the Sauna from you at the nominated location at the end of the Hire Period.

(c) We cannot and do not guarantee that the Sauna will be delivered or collected exactly at any specified times but will endeavour to deliver and collect the Sauna within 1 hour before and 1 hour after any specified time.

(d) If we anticipate any delay in delivering or collecting the Sauna, we will inform you of the delay by telephone or email as soon as practicable.

3.  Payment for rental

(a) You must pay us:

(i)  The deposit of $100.00 (or as amended and posted on our Website) (“Deposit”) upon booking the hire;

(ii)  The hire fee as set out on our Website (“Hire Fee”) for the Hire Period prior to or upon delivery of the Sauna to your nominated location of its use on the Booking Form (“Nominated Location”); and

(iii)  Any additional costs, expenses, and losses provided in this Agreement.

 

4.  Cancellation of delivery or collection

(a)  If any of the following events occur on delivery:

(i)  you do not pay the full hire fee before or upon delivery of the Sauna to the Nominated Location; or

(ii)  we are unable to gain access to the Nominated Location due to obstruction, lack of security clearance, or because of safety reasons; or

(iii)  you are not at the Nominated Location at the time of our attendance; or

(iv)  there is no suitable place to install the Sauna at the Nominated Location; or

(v)  any other cause that is reasonably within your control, which prevents us from completing the delivery;

then:

(vi) we are entitled to refuse to complete the delivery and retain the full amount of the deposit; and

(vii)any subsequent delivery of the Sauna will be subject to you paying the deposit to us again, as well as the relevant hire fee.

 

(b)  If any of the following events occur on collection:

(i)  we are unable to gain access to the Nominated Location due to obstruction, lack of security clearance, or because of safety reasons; or

(ii)  you are not at the Nominated Location at the time of our attendance; or

(iii)  we cannot load the Sauna trailer to our collection vehicle because of obstruction or safety reasons; or

(iv)  the Sauna trailer is damaged to the extent that would make it dangerous, impractical, or unlawful for transport on public roads; or

(v)  any other cause that is reasonably within your control, which prevents us from completing the collection;

then:

(vi) we are entitled to retain the full amount of the deposit;

(vii)you must pay us fees for the time that the Sauna is out of service because of the failed collection, at the rate set out on our Website.

(c)  If you wish to cancel your booking, you must do so at least 24 hours before the scheduled commencement of the Hire Period, otherwise we will be entitled to retain the full amount of the Deposit paid.

 

(d)  There are clauses in this Agreement that provide us with a right to retain the Deposit under some circumstances. You acknowledge and agree that the amount of the Deposit represents a reasonable pre-estimate of our wasted costs or loss of profit in those circumstances, and that our actual costs or loss of profit may even exceed the Deposit on occasions (such as but not limited to where a Sauna is damaged, destroyed, or lost) in which case we reserve the right to claim additional damages or loss.

 

5.  Use and operation

(a)  You acknowledge and agree that the use of the Sauna carries with it dangers and risks of injury and you accept all dangers and risks associated with the use of the Sauna.

(b)  You are fully responsible for proper and lawful use of the Sauna and in supervising the use of the Sauna by persons other than you, and in this respect you must ensure that:

(i) all users of the Sauna use it in a good and careful manner;

(ii) all users comply with our instructions for use of the Sauna and take heed of any warnings regarding health and safety; and

(iii) you are fully compliant with any requirements for use of a Sauna set by the Council that has jurisdiction over the Nominated Location.

(c) You must read and ensure that all the users of the Sauna read the attached Warning and Prohibited Use Policy.

(d)  You must not attach any additions to the Sauna or remove any part of it or make any modification to it, unless we give you express prior written permission.

(e)  The Sauna trailer is approximately 4 x 3 metres in size, towed by a large utility vehicle, and requires an external power supply to operate. Bearing that in mind, you must ensure that the Nominated Location:

(i)  is a solid surface that is flat, level, and without obstructions;

(ii)  is easily accessible by a large utility vehicle;

(iii)  has sufficient extra room around the trailer for easy movement by our personnel for delivery and collection;

(iv)  is within 20 metres of a 220 or 240 volt power socket;

(v)  the power extension cord can be situated in a safe manner away from thoroughfare and wet areas, so as to avoid being a trip hazard or electrocution hazard; and

(vi)  is on private property (e.g. not on public land, kerbside, on a verge facing a public road, etc).

(f)  You acknowledge and agree that if the Nominated Location does not comply with the requirements set out at clause 5(e), we may refuse delivery or collection and the consequences set out at clauses 4(a)(vi)-(vii) or 4(b)(vi)-(vii) may apply.

(g)  Our personnel will check the condition of the Sauna upon delivery and collection. In this regard:

(i)  you agree to sign any documents affirming the condition of the Sauna upon delivery and collection;

(ii)  if you disagree with any notes made by our personnel as to the condition, you must immediately raise this disagreement with our personnel at the time of delivery or collection, and seek to resolve the disagreement in good faith; and

(iii)  you acknowledge and agree that the report as to condition of the Sauna made by our personnel will be prima facie evidence of the condition of that Sauna at the time the report is made.

6.  Warranties and indemnities

(a)  You warrant that:

(i)  the Sauna will be used in accordance with the conditions set out in clause 5;

(ii)  the Sauna will not be used for any illegal purpose; and

(iii)  you will not encumber the Sauna or allow the Sauna to be encumbered or pledge the Sauna as security in any manner.

(b)  You agree that you must:

(i)  pay all taxes, fines, and penalties associated with the placement or use of the Sauna, including but not limited to any charges for approval or permit for its placement or use, and taxes generated on any profit arising from its use; and

(ii)  indemnify us for any damage or loss incurred by us related to your failure to comply with the obligations set out in clause 6(b (i), regardless of whether you are contesting the validity of the same.

(c)  You must indemnify us and hold us harmless against all claims, costs, expenses, damages, and liabilities, including legal costs and expenses and claims for personal injury, related to your or a third- party’s use of the Sauna arising wholly or partially from your breach of any obligation under this Agreement, or your neglect or misconduct.

7.  Damage, destruction, loss, and breakdown

(a) You are fully responsible for any damage to, destruction of, or loss of the Sauna irrespective of how the damage, destruction, or loss occurred during the Hire Period. You must pay to us all our costs, expenses, and other losses that would be incurred in repairing or replacing the Sauna.

(b)  Clause 7(a) does not apply in relation to fair wear and tear arising from careful and proper use of the Sauna.

(c)  If there is a breakdown or failure of the Sauna, then you must report the breakdown or failure to us as soon as possible and must not attempt to repair the Sauna.

(d)  If the Sauna breaks down or fails during the Hire Period, we will attempt to repair the Sauna as soon as practicable upon you notifying us. If we are not able to repair the Sauna within a reasonable period, we may provide you with a replacement Sauna subject to availability at no charge (other than additional charges associated with a longer Hire Period than the original booking).

(e)  You acknowledge and agree that if a breakdown or failure at clause 7(c)-(d) is caused, whether wholly or partially, by any improper use of the Sauna by you or a third-party, then you are not entitled to any repair, replacement, or refund, and our rights under other provisions in this Agreement apply.

(f)  For avoidance of any doubt, you agree that we are entitled to retain the full amount of the Deposit in circumstances described at (a) or (e).

(g)  Nothing in clause 7(c)-(f) is intended to modify, vary, or exclude your rights under consumer guarantees provisions in the ACL.

8.  Liability

You assume all risks and liabilities for and in respect of the Sauna and for all injuries to or deaths of persons and any damage to property howsoever arising from your possession, use, or operation of the Sauna, including a third-party’s use or operation of the Sauna during the Hire Period.

9.  Title

(a)  You acknowledge that we retain title to the Sauna and that your right to use the Sauna is as a mere bailee only.

(b)  You agree not to or purport to sell, assign, sub-let, lend, pledge, part with or attempt to part with personal possession, or otherwise not to deal with the Sauna and not to conceal or alter the Sauna or make any addition or alteration to, or repair of, the Sauna.

(c)  We may retake possession of the Sauna if you breach any provision of this Agreement, notwithstanding anything else contained in this Agreement, in which case you forfeit all of the deposit and all of the hire fee. Nothing in this clause 9(c) limits our right to seek remedies against you for damage or loss (including consequential loss) arising from you breach of this Agreement.

 

10.  Non-merger

The covenants, agreements and obligations contained in this Agreement will not merge or terminate upon the termination of this Agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.

11.  Severance

 

If any provision of this Agreement is wholly or partly void or voidable, this Agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all the provisions and part-provisions remaining after severance.

 

12.  Governing law

This Agreement will be construed in accordance with and governed by the laws of New South Wales and each party submits to the exclusive jurisdiction of the courts and tribunals of New South Wales.

 

 

ANNEXURE – WARNING AND PROHIBITED USE POLICY

 

Using a Sauna may carry risks to health and property, which all users must be aware.

You agree that you accept all the risks associated with using the Sauna and will hold Wandering Sauna harmless for any injury or death arising from you use of the Sauna (unless such injury or death arises because of our gross neglect, recklessness, or wilful misconduct).

 

PROPER USE

You must only use the Sauna in accordance with the instructions for proper use, which are outlined here and also posted in various locations on and within the Sauna.

You are fully responsible for proper and lawful use of the Sauna and in supervising the use of the Sauna by persons other than you, and in this respect, you must ensure that:

(a) all users of the Sauna use it in a good and careful manner; and
(b) all users comply with our instructions for use of the Sauna and take heed of any warnings regarding

health and safety.

 

HEALTH & HYGIENE:

The Sauna operates by generating large amounts of steam from the heating mechanisms in the Sauna. As a result, the temperature and humidity within the Sauna is much higher than in normal day-to-day environments, which can result in adverse effects for users who are:

  • Prone to high blood pressure;

  • Experiencing cardio-vascular disease (e.g. heart condition);

  • Under the influence of alcohol, medications, or illicit drugs;

  • Not adequately hydrated;

  • Pregnant;

  • Epileptic; or

  • Under 3 years old (note that anyone under 18 years in the Sauna must be directly supervised by an

    adult).

     

If you are in any of the categories listed above, you must NOT use the Sauna. In addition, you must NOT use the Sauna if you have:

  • Infectious disease of any kind;

  • Open wounds; or

  • Wounds that have been surgically closed but are not yet fully healed.

     

You must NOT take a child who is under 3 years old into the Sauna nor allow such a child to use the Sauna.

 

Anyone under 18 years of age within the Sauna must be supervised by a capable adult who must be physically present in the Sauna with the person.

For the purposes of maintaining good hygiene, you must:

  • Change at designated changing rooms or at home, outside of the Sauna, and never inside the Sauna;

  • Take a large towel or bath robe with you into the Sauna, that can be used to lay or sit on; and

  • Take a shower using soap or other cleaning agent before using the Sauna.

     

SEEK MEDICAL ADVICE:

The information provided in this document is of a general nature only and is not a substitute for medical advice. If you have ANY doubt as to whether the use of the Sauna is appropriate for you, you MUST seek professional medical advice from a qualified medical practitioner or relevant allied health practitioner before using the Sauna.

 

IT IS SPECIFICALLY PROHIBITED:

  • to control the devices present in the Sauna room other than in accordance with written instructions posted within the Sauna;

  • to smoke in the Sauna;

  • to bring glass, sharp, and breakable objects into the Sauna;

  • to bring food and beverages, to snack and drink, in the Sauna;

  • to use cosmetics in the Sauna;

  • to take any electrical or electronic devices into the Sauna;

  • to damage the Sauna in any way;

  • to loudly shout, whistle, falsely call for help, run or jump (the customer may slip and injure

    themselves), and jostle within the Sauna

  • to use the Sauna while wearing inappropriate clothing (e.g. underwear);

  • to spit, urinate, or defecate in the Sauna; or

  • to wear footwear in the Sauna.

 

GENERAL RECOMMENDATIONS:

The high temperature and humidity within the Sauna may result in property damage. We strongly recommend that you do NOT wear or take any expensive or delicate objects such as jewellery, watches, mobile phones, etc. into the Sauna.

 

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