38 Degrees The Bathhouse – Conditions of Entry, Waiver & Risk Acknowledgement
(Legally Binding Agreement – Please Read Carefully)
This Conditions of Entry, Waiver & Risk Acknowledgement (the “Agreement”) is made between you (the “Participant” or “you”) and Hellthy Pty Ltd (ABN 17 168 221 841), the operator of 38 Degrees The Bathhouse (“38 Degrees The Bathhouse”, “we”, “us”, or “our”).
By entering 38 Degrees The Bathhouse or booking any of our services, you acknowledge and agree to the following terms and conditions. Please read them carefully. Consent is confirmed via the checkbox provided during the booking process. By booking, you also confirm that you have obtained consent from, or are agreeing on behalf of, any other guests you are booking for.
1. Risk Acknowledgment & Assumption of Responsibility
• You voluntarily assume all risks associated with the use of 38 Degrees The Bathhouse facilities, including but not limited to slips, equipment malfunction, exposure to extreme temperatures, and actions of other guests.
• If you are pregnant or have any underlying medical condition, it is your responsibility to consult with a qualified medical professional prior to using our services. 38 Degrees The Bathhouse staff are not qualified to provide medical advice.
• You confirm that you do not have any pre-existing medical conditions that would make the use of our services unsafe, and you take full responsibility for your participation.
• In the event of illness or injury, 38 Degrees The Bathhouse staff may, at their discretion and at your expense, seek medical or emergency assistance. You release 38 Degrees The Bathhouse from liability for any delays or outcomes related to such assistance.
• To the fullest extent permitted under the Competition and Consumer Act 2010 (Cth) (ACL), 38 Degrees The Bathhouse disclaims liability for any injury, illness, or loss sustained during your visit. Any applicable consumer guarantees are limited to the re-supply of the relevant services.
• 38 Degrees The Bathhouse is not liable for personal injury except in cases of reckless conduct as defined under the ACL.
2. Waiver & Release of Liability
• You release and hold harmless 38 Degrees The Bathhouse, its owners, employees, contractors, and affiliates from all claims, demands, losses, or liabilities arising from your use of the
facilities.
• You agree to be responsible for any loss or damage caused by your breach of this waiver or through negligent or reckless behaviour while on the premises.
• This waiver remains in effect for all current and future visits unless explicitly revoked in writing.
3. General Conditions of Entry
• Entry is restricted to individuals aged 16 years and over. Those between 16-18 will need to be accompanied by a person over 18.
• You must follow all instructions from staff. Failure to comply may result in removal from the premises without refund.
• 38 Degrees The Bathhouse reserves the right to refuse entry or service to any person at its sole discretion.
• By entering the premises, you consent to the use of CCTV surveillance in public areas for safety and security.
• Promotional photography and videography may occur in shared areas. If you do not wish to be included, please notify staff prior to arrival.
4. Health & Safety Restrictions
You must not use the facilities if:
• You have cardiovascular conditions or other chronic health concerns.
• You have fever, open wounds, or insensitivity to heat or cold.
• You are under the influence of alcohol.
• You are pregnant.
• Pregnant individuals are strictly prohibited from using hot or cold therapies, including saunas, steam rooms and cold plunges, due to increased risk of overheating and uterine contractions.
By proceeding with your booking, you confirm that you understand and accept these restrictions.
5. Cancellation & No-Show Policy
• Cancellations made within 24 hours of your scheduled appointment will incur a 100% cancellation fee.
• No-show appointments will be charged 100% of the booking fee.
• Bathhouse and infrared sessions cannot be rescheduled within 12 hours of the scheduled session time. All reschedule requests must be made at least 12 hours in
advance.
• All purchases made via the 38 Degrees The Bathhouse website are strictly non-refundable, including packages, memberships, and single-session bookings, except where required by law.
6. Membership Terms
• Membership cancellations require 30 days’ written notice.
• Membership suspensions require 7 days’ written notice and are permitted for up to 8 weeks per calendar year at a cost of $5 per week.
• 38 Degrees The Bathhouse reserves the right to terminate memberships at any time, with or without cause. In such cases, a pro-rata refund may be issued where applicable.
• Failure to maintain membership payments will result in termination, and outstanding balances may be referred to a third-party debt collection agency.
7. Personal Belongings
• Lockers are provided for your convenience; however, 38 Degrees The Bathhouse is not responsible for any lost, stolen, or damaged personal belongings brought onto the premises.
8. Privacy & Data Handling
• Your personal information, including video footage and booking details, is handled in accordance with our Privacy Policy available on our website or upon request.
• By entering our premises, you consent to the collection and use of your information for operational, safety, and promotional purposes, in line with applicable privacy laws.
9. Right to Amend Terms
• 38 Degrees The Bathhouse reserves the right to amend these Terms & Conditions at any time.
• Updated versions will be posted on our website.
• Continued use of our services following any updates constitutes acceptance of the revised terms.
10. Gift Cards
11. Photography and Media
• We occasionally take promotional photos or medias in the Bathhouse. If you do not wish to appear in any content, please let our team know prior to arrival.
• We respect your privacy and will take actionable steps to exclude if requested.
11. Photography and Media
• We occasionally take promotional photos or medias in the Bathhouse. If you do not wish to appear in any content, please let our team know prior to arrival.
• We respect your privacy and will take actionable steps to exclude if requested.
Booking Terms (Summary):
All online purchases are non-refundable. Any cancellations within 12 hours of your Bathhouse or infrared session will be charged 100%. No-shows are charged in full. Bathhouse and infrared sessions cannot be rescheduled within 12 hours. Massages must be rescheduled 24 hours before booking time. By booking, you confirm that you meet all health and safety requirements and agree to our Conditions of Entry.
For any questions or clarifications, please contact us at: info@38thebathhouse.com
Thank you for your cooperation and for choosing 38 Degrees The Bathhouse as part of your wellness journey.
CONTACT US
Operated by Hellthy Pty Ltd (ABN 17 168 221 841)
Address: Basement Level 1, 180 Campbell Parade, Bondi Beach, NSW 2026
Email: info@38thebathhouse.com