ELYSIA CLUB RULES

The following Terms and Conditions (referred to as “Club Rules”) apply to an invitee or member’s (You) visit and use of the Elysia Wellness spa facility (and associated pool, recreation and other facilities) located at 165 Thompsons Rd, Pokolbin, NSW 2320 (Elysia) which is operated by Oaks Hotels & Resorts Ltd (and its subsidiary, or related entities) (We/Us).

Please read these terms and conditions carefully as these conditions form the basis on which bookings and visits to Elysia are accepted. The terms and conditions below are for all bookings and visits (regardless of how the booking or visit is made).

We may revise these terms and conditions from time to time by updating this web page. The revised terms will take effect when they are posted.

Note, see our separate Booking Terms and Conditions that apply to any stay at Elysia (use of accommodation) here: https://www.oakshotels.com/en/terms-and-conditions (Booking Terms). The conditions on this page relate to the use of the spa, pool, recreation and other similar facilities at the property and the Booking Terms and Conditions relate to any accommodation stay at Elysia.

1. GENERAL CONDITIONS OF ENTRY

To assist us in maintaining a safe and comfortable environment for all guests and staff, you are required to abide by the following conditions in the use of the Elysia facilities.

Failure to comply with these conditions may result in the suspension or termination of your membership or your eviction from the premises.

Subject to these terms and conditions and all laws, you use Elysia facilities and equipment at your own risk.

1.1. ENTRY: Entry will be refused, or you may be requested to leave the premises if:

(a) You are using abusive or threatening language or behaving in a threatening way; or

(b) You are under the influence of drugs or alcohol; or

(c) You behave in another way that is considered by Elysia to be risky or seriously inappropriate.

1.2. NON-SMOKING: Elysia Retreat is a non-smoking facility. The smoking of cigarettes or electronic cigarettes (e-cigarettes or vapes) is strictly prohibited.

1.3. RELAXATION ZONES: Sauna, spa, and relaxation zone areas are available for male and female use and as such minimum standards of dress apply.

1.4. MOBILE PHONES: Mobile phones are not to be used within Elysia public areas, including Reception, Restaurant, Day Spa, or fitness facilities. Phones must be always on silent.\

1.5. WET AREAS: Normal pool safety rules apply for the safety and convenience of all users. Pool areas are not supervised, and you use them at your own risk. You must follow all signs and never run, dive, or jump. For your own safety, the pool/spa and relaxation zones cannot be accessed during unstaffed hours.

1.6. SUITABLE CLOTHES: All members and guests must wear suitable clothes and enclosed sports shoes in any exercise areas, except for wet areas. We do not allow clothes with offensive images or inappropriate advertising.

1.7. TOWELS: You are required to use a clean towel when participating in classes and when exercising on gym equipment (including exercise mats) to maintain our hygiene and safety standards. You may be requested to cease training if you do not use a towel.

1.8. CAMERA USE: You must not use cameras without our permission. Taking photos or videos of other members, guests or Elysia employees without their consent is a breach of our terms and conditions.

1.9. PERSONAL TRAINING: Personal training services are available at Elysia for an additional fee. Please contact our Retreat Co-Ordinators at Elysia for more information.

1.10. PARTICIPATION: You acknowledge that participation in group fitness classes and personal training may expose you to certain risks causing personal injury. By participating in the group fitness classes or personal training sessions you accept the risks involved and release Elysia for any injury or damage arising out of your participation in group fitness classes and/or personal training sessions, except to the extent that Elysia has caused or contributed to such injury or damage.

2. USE OF EQUIPMENT

You are required to return equipment to their original state when you have finished, including:

(a) Return weights and bars to their rack.
(b) Unload plates from machines and bars.
(c) Return equipment to its storage location in group fitness classes.
(d) For the safety of you and others, please follow all equipment operating and safety instructions on the equipment.
(e) If you are not sure of correct use or operation of equipment, please seek assistance from a team member.
(f) Where functional training zones are available, please seek assistance from a personal trainer if you are unfamiliar with the equipment or its safe and appropriate use.

As a courtesy to other members, please use a clean towel when using equipment.

3. LEGAL RESPONSIBILITY

3.1. MEETING YOUR RESPONSIBILITIES

You must inform us in advance and in writing if there are any risks to your health if you participate in fitness services and if required seek approval from your doctor or General Practitioner.

3.2. PROMISING TO TAKE CARE

You promise to:

(a) Make sure that you know how to exercise safely, by asking if necessary.
(b) Immediately cease participation in activities if health-related symptoms or injuries occur and advise us if this occurs.
(c) Use your best endeavours to exercise safely; and
(d) Not take valuables, even if you plan to put them in a locker.

3.3. DAMAGE & PERSONAL INJURY

To the extent permitted by law, Elysia excludes any liability to you in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by you and/or any other person, or for any costs, charges or expenses incurred by you, arising from or in connection with a breach by you of this Agreement.

3.4. LIMITATION OF LIABILTY

Notwithstanding anything contained in these terms and conditions to the contrary and to the extent permitted by law and any warranty or guarantee provided under the Australian Consumer Law (which cannot be excluded, restricted or modified), we shall not be responsible for indirect damage, damage arising from consequential damage or special circumstances, including but not limited to loss of revenue, loss of profit, loss of use, loss of opportunity, arising out of the performance or non-performance of obligations under these terms and conditions or as otherwise implied by law.

Nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or under any international consumer protection legislation, provided that, to the extent that such law permits us to limit our liability, then our liability is limited to:

• In the case of services, supplying the services again or payment of the cost of having the services supplied again; and
• In the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

3.5. PRIVACY

When you make a booking or visit Elysia, we collect certain personal information from you. By making a booking you consent to your personal information being collected by us and for us to use that information in accordance with the terms of our Privacy Policy. Access to, and correction or deletion of, the personal information we collect from you is dealt with in accordance with our Privacy Policy. The party collecting your personal information will be Oaks Hotels & Resorts Ltd.