TERMS & CONDITIONS

Please read the following carefully! Your access to and use of this Site is subject to legally binding terms and conditions which you accept and agree to by accessing this Site.

The following terms and conditions (“Terms and Conditions”) form a binding agreement (this “Agreement”) between you and TH7 Body Labs Pty Ltd, a Proprietary Limited Company operating out of the State of Queensland, Australia (“TH7 BodyLabs”). TH7 BodyLabs may modify, amend, supplement and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of this Site after any change means you have accepted the changed Terms and Conditions. Copyright. All materials created by TH7 BodyLabs on the Site are protected by Australian copyright laws as original works (including the Copyright Act 1968). The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to TH7 BodyLabs.

• Links to Third Party Websites. This Site may contain links to third party websites. All such linked sites, materials and pages are not under the control of TH7 BodyLabs and TH7 BodyLabs is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third party website. TH7 BodyLabs accepts no liability for any errors or omissions contained in third party websites. These links are provided to improve your use of this Site, enable you to connect with TH7 BodyLabs on various platforms, help TH7 BodyLabs offer the easiest services for you and conduct transactions.
• Use License. If TH7 BodyLabs has materials on the Site which you can download, permission is granted to download copies of the materials for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
  
  1. 1. modify or copy the materials;
     2. use the materials for any commercial purpose or for any public display (commercial or non-commercial);
     3. transfer the materials to another person or “mirror” the materials on any other server.
• This license shall automatically terminate if you violate any of these restrictions and may be terminated by TH7 BodyLabs at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
• Bookings, Refunds, Rescheduling and Cancellations. At TH7 BodyLabs, we understand that unforeseen circumstances may occasionally disrupt your plans, making it impossible for you to keep your scheduled appointment. To ensure the smooth operation of our services and respect for everyone’s time, we have established the following guidelines:
  
  1. Bookings:
     
     1. All bookings will need to be paid for within 24hrs of their request otherwise they may be cancelled.
  2. Refunds:
     
     1. All refunds will be credited
  3. Rescheduling:
     
     1. We kindly request that you provide us with at least 12 hours’ notice before your scheduled appointment time if you need to reschedule. This advance notice allows us to accommodate your request effectively.
     2. Should you notify us within the 12-hour window, a rescheduling fee equivalent to 50% of the appointment fee will be applied.
  4. Cancellations:
     
     1. Any cancellations made within 24 hours of the scheduled time will be subject to a fee, which may amount to the full cost of the cancelled appointment.
     2. Your appointment time is specially reserved for you, and late cancellations create gaps in our schedule that could have been filled by others.
     3. Please note that we can no longer offer exceptions for cancellations due to illness.
• Gift Cards & Packages. All gift cards are valid for 3 years from purchase date and can be used within any TH7 clinic. All packages are valid for 6 months after purchase date with short term offers being valid for 1 month after purchase date. Gift cards are not replaceable however if you contact any TH7 clinic they will be able to help you locate your gift card/package code. Once a package is associated with a clients account it may not be transferred to another clients account.
• We appreciate your understanding and cooperation with these policies. These guidelines are in place to ensure the availability of our services to all our valued clients.
• Conditions of Entry. The right of entry is reserved to the discression of TH7 BodyLabs. By attending any TH7 BodyLabs clinic, you agree to the clinic’s conditions of entry as per below:
  
  1. You are over the age of 18 and signed the TH7 BodyLabs Waiver or;
  2. You are between the ages of 16-18 and are supervised by your legal guardian who has signed the TH7 BodyLabs Waiver on your behalf or;
  3. You are under the age of 16 and acknowledge that you can only use the Hyperbaric Oxygen Therapy or Compression Therapy supervised by your legal guardian who has signed the TH7 BodyLabs Waiver on your behalf.
  4. TH7 BodyLabs reserves the right to verify the age of any individual entering any Th7 BodyLabs clinic. By entering any clinic, you agree to cooperate with any age verification process as we may deem necessary.
• Disclaimer. Our goal is to share information in an informative, open, and honest way. That being said, any information and services provided on or through the Site is for informational and educational purposes only. What we share is the opinion and perspective of TH7 BodyLabs.  The information and education is not intended or implied to supplement or replace professional advice. Before taking any action, please make sure you consult with a professional.
• No Guarantees. We make no guarantees about any particular results or benefits that you’ll get from our Site, our products or services. We will do everything to give you the tools to succeed, but we make no guarantees. We cannot be any more clear about this: we make no promises regarding results and make no guarantees whatsoever.
• Site Terms of Use Modifications. TH7 BodyLabs may revise these Terms and Conditions for its Site at any time without notice. By continuing to use the Site after TH7 BodyLabs modifies this Agreement, you are agreeing to be bound by the updated version of this Agreement.
• Limitation of Liability. In no event shall TH7 BodyLabs or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site, even if TH7 BodyLabs has been notified orally or in writing of the possibility of such damage.
• Choice of Laws and Venue. The parties agree to irrevocably submit all claims relating to TH7 BodyLabs’s Site to the exclusive jurisdiction of the courts of the State of Queensland, Australia without regard to its conflict of law provisions.
• Indemnity. As a condition of your use of this Site, you indemnify TH7 BodyLabs and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.
• Entire Agreement. These Terms and Conditions and any other legal notices, policies and guidelines of TH7 BodyLabs linked to these Terms and Conditions or contained on this Site constitute the entire agreement between you and TH7 BodyLabs relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by TH7 BodyLabs. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Failure by TH7 BodyLabs to enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of that right. Paragraph headings are for reference only.

TH7 BodyLabs understands how important your privacy is. This privacy policy (the “Privacy Policy”) sets out the privacy policies and practices for TH7 BodyLabs Pty Ltd and its subsidiaries and affiliates (collectively, “TH7 BodyLabs”) with respect to how TH7 BodyLabs collects your personal information. It also describes how TH7 BodyLabs maintains, uses, and discloses personal information. This Privacy Policy applies to information collected from you by TH7 BodyLabs via the Site. This Privacy Policy also sets out how you can access certain information that TH7 BodyLabs may collect about you.  

In this Privacy Policy, personal information means information about an individual whose identity is apparent or can be reasonably ascertained from the information as further defined under applicable privacy laws (“Personal Information”).

TH7 BodyLabs is committed to managing your Personal Information openly, transparently and to keep your Personal Information safe, and in accordance with the Privacy Act 1988 (Cth), including:

• to comply with the Australian Privacy Principles (APPs);
• to ensure that we manage your Personal Information openly and transparently;
• only collect Personal Information from you that we need in order to fulfill your request and offer you the best possible service and experience;
• to tell you how we might use you Personal Information;
• to let you know if we need to disclose your Personal Information to anyone else (including anyone outside of Australia) and if so, in what circumstances this might occur;
• to keep your Personal Information secure;
• to respond promptly and appropriately to any incident where your Personal Information may be compromised, including where your Personal Information is lost, or subject to unauthorized access, modification, use or disclosure or other misuse;
• to promptly respond to any request by you not to receive direct marketing materials from us; and,
• to ensure that, where appropriate, you can access and correct your Personal Information. 

Please note that the Site may contain links to other third-party websites that are not controlled or operated by TH7 BodyLabs. All of these third parties are listed in section 4.4 of this Agreement. This Privacy Policy does not apply to such third-party websites, and TH7 BodyLabs is not responsible for the content of such third-party websites or the privacy practices of such third parties. TH7 BodyLabs encourages you to request and review the privacy policies of any third parties upon disclosing your Personal Information to such parties or when visiting such third-party websites.

1. Consent of Collection of Information. By submitting Personal Information to TH7 BodyLabs and its Site or any of its service providers, you agree and consent to the collection of your Personal Information and consent to the use, disclosure and transfer of your Personal Information in accordance with the provisions of this Privacy Policy. You may always refuse or withdraw your consent by contacting TH7 BodyLabs at hello@th7bodylabs.com. You understand that if you withdraw your consent, TH7 BodyLabs may not be able to continue to offer its services and provide its information to you.
2. Children Under 18. The Site is not intended for children under eighteen (18) years of age. No one under age 18 may provide any Personal Information to or on the Site. TH7 BodyLabs does not knowingly collect Personal Information from children under 18. If you are under 18, do not use or provide any information on the Site or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features of the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If TH7 BodyLabs learns we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe TH7 BodyLabs might have any information from or about a child under 18, please contact us at hello@th7bodylabs.com.
3. Revisions to this Privacy Policy. TH7 BodyLabs  reserves the right, in TH7 BodyLabs’s sole discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. TH7 BodyLabs will treat your continued use of the Site following such revision as your acceptance of the revised terms. All revisions will be posted to the Site and will apply to any Personal Information collected on or after the date posted. TH7 BodyLabs will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your Personal Information for purposes other than those to which consent has been obtained, unless otherwise required or permitted by law.
4. What Personal Information does TH7 BodyLabs collect and how is it processed?
   1. What do we collect? TH7 BodyLabs may directly collect your name, address, phone number and email address. There may be other information you provide but that will not be collected by TH7 BodyLabs and instead will be collected by the third parties TH7 BodyLabs works with as outlined in 4.4.
   2. Email. We may send you a newsletter or other promotional materials through email. We will only contact you through our newsletter for promotional or informational purposes. Subscribing to our newsletters is optional and you will always be able to unsubscribe.
   3. Phone Number. We may collect your phone number and we may contact you via phone to contact you or if we feel there is information which would be beneficial to share with you. In accordance with everything outlined in this Privacy Policy, if you do not want to be reached by phone, you can ask us not to contact you via phone or you can choose not to share your phone number.
   4. Third Parties. TH7 BodyLabs may work with third party applications in order to provide you with the best services on the Site. These organizations may collect Personal Information from you in order to provide you with the services, including your name and contact information. Specifically, the third parties TH7 BodyLabs may work with on the Site are listed below. We’ve included links to their privacy policies to ensure you are comfortable using them.
      1. Stripe: https://stripe.com/privacy-center/legal
      2. Facebook: https://www.facebook.com/full_data_use_policy
      3. Instagram: https://help.instagram.com/402411646841720,
      4. Google Drive: https://www.google.com/drive/terms-of-service/,
      5. Paypal: https://www.paypal.com/va/webapps/mpp/ua/privacy-full
      6. YouTube: https://www.youtube.com/static?template=terms
      7. Squareup https://squareup.com/au/en/legal/general/privacy
   5. How will TH7 BodyLabs use your Personal Information? Your Personal Information will be used to provide you with promotional and informative materials and offers and deliver the products and services you can purchase or subscribe to from the Site. Specifically:
      1. Your credit card information will not be kept by TH7 BodyLabs but instead by one of the third parties listed in section 4.4 above;
      2. Your name and e-mail address are collected but will not actually be stored on the Site. Any information captured will be processed through third party websites in section 4.4 above;
      3. Your phone number may be used to contact you via phone if there is information we would like to share which we feel would benefit you;
      4. If you subscribe to our newsletter your Personal Information will be used to send the newsletter to you;
      5. If we send you the Newsletter for marketing purposes, we will send you emails about promotions, special events and other information. You can opt not to receive these emails from us by either clicking “unsubscribe” at the bottom of the email when you receive it or by sending an email that includes your email address and a request that you not receive our promotional emails;
      6. We may use your Personal Information to respond when you submit a question or suggestion to us, or when you request assistance regarding a service or product you purchased.
      7. We may share your information if we believe in good faith that disclosure of your information is required to protect your safety or the safety of others, to investigate a fraud, or to respond to a government, judicial or other legal request or to comply with the law;
      8. We may also share certain aggregated, anonymized information with a third-party provider in order to assist us in improving the Site.
   6. Storing Your Personal Information. TH7 BodyLabs’s web service may store your Personal Information when you interact with the Site. TH7 BodyLabs will be happy to delete any of your Personal Information that it holds upon a written request made by you. Your Personal Information will be safely disposed of by TH7 BodyLabs.
   7. Storing Your Phone Number. Your phone number will be kept in the phone or contacts database of TH7 BodyLabs and associates. Wherever it is stored, it will always be protected with a password and will never be shared with third parties without your permission.
   8. We Play by The Rules. The Site and TH7 BodyLabs abide by all relevant Australian federal and State privacy laws in all aspects of our operations. This Privacy Policy is also compliant with GDPR and CCPA regulations. If you have any questions about our legal compliance, feel free to reach out to hello@th7bodylabs.com.
   9. Do Not Track Signals. TH7 BodyLabs currently does not recognize or respond to browser-initiated Do Not Track (DNT) signals, as the Internet industry is currently still working on Do Not Track standards and there is no accepted standard on how to respond to such signals.
   10. Analytics.  The Site keeps the following information from your visits to our webpage:
       1. Visitor information to improve our customer engagement which tells us where and when people visit the Site and how long they stay there; and
       2. IP information for website and server security.
   11. Cookies. The Site uses ‘cookies’ to keep a record of the number of times you’ve visited the Site and how you interacted with the Site during each visit. In addition to this, the Site also uses cookies which are not absolutely essential for your use of the Site. Your continued use of the Site serves as consent for these cookies.
       1. A cookie is a small text file that gets sent by the servers of the Site to your hard drive and can only be read and interpreted by the Site’s servers. No Personal Information is stored in the cookie and there is nothing on it which can identify you personally.
       2. Cookies have an important function in how you interact while visiting the Site, ensuring the usability of the Site’s different features, helping the Site understand your preferences, and thus can improve your experience on the Site. If you do not want cookies from the Site, simply adjust the settings in your web browser to disable cookies. This may change the way you access the Site and may also render some of the Site’s features unusable, but of course it is your choice to do so.
   12. Disclosure of Personal Information. TH7 BodyLabs will NEVER sell or license any Personal Information we collect from you. TH7 BodyLabs is not liable for any disclosure of your Personal Information by any third party, particularly the ones outlined in section 4.4 above. By purchasing the services and products offered by TH7 BodyLabs, you agree to be bound to and consent to the provisions of our third parties’ privacy policies. In the event that TH7 BodyLabs changes its practices, you will be notified and you will be able to opt-out of TH7 BodyLabs using your Personal Information by contacting us at hello@th7bodylabs.com.
   13. Choice of Laws and Venue. This Privacy Policy and the use of the Site are governed by the laws of Australia and the State of Queensland, Australia. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Queensland, Australia. If a dispute arises, we agree to first resolve it through binding arbitration to take place in the Queensland, Australia.
   14. Your Consent. By choosing to provide TH7 BodyLabs with your Personal Information you are consenting to its collection, use and disclosure in accordance with the principles outlined in this Privacy Policy. If you are under the age of 18, you must not provide any Personal Information to us without the consent of your parent or guardian, or as otherwise provided for by applicable law.
   15. Protecting Your Privacy. TH7 BodyLabs is committed to protecting your privacy. Security measures, such as using passwords on servers and computers, and locked cabinets where Personal Information is stored have been adopted to protect your Personal Information against loss or theft, unauthorized access, disclosure, copying, use or modification. Online transactions are completed using third party applications outlined in section 4.4 above. Please refer to the third parties’ privacy policies, of which links have been provided above, for clarification on how your transaction and Personal Information will be handled. TH7 BodyLabs makes no promises, warranties or representations about the manner in which your Personal Information is handled by third parties and bears no liability whatsoever for their use of them.
   16. Verifying your Identity. TH7 BodyLabs will ask you to verify your identity when you contact us  or submit a request regarding your Personal Information. TH7 BodyLabs will ask you to provide sufficient information that allows us to reasonably verify that you are the person who we collected Personal Information about. 
   17. The Internet Can Be Dodgy. The internet is, by its nature, inherently open and subject to interception of information. We cannot guarantee that the information you provide to TH7 BodyLabs over the internet or otherwise will not be intercepted by third parties while it is being communicated by means that are outside of TH7 BodyLabs’s control.
   18. Verifying and Amending Your Personal Information. TH7 BodyLabs tries to ensure that all Personal Information about you that is in our possession is accurate, complete and up-to-date. Please contact us at hello@th7bodylabs.com to advise us of any changes to your Personal Information. You may request access to the Personal Information held by TH7 BodyLabs at any time or seek to make corrections to it.
   19. Resolving your concerns. If you have any questions or concerns about TH7 BodyLabs’s Personal Information collection, use and disclosure practices, please let us know at hello@th7bodylabs.com and we will do our best to help you.

This Disclaimer (the “Disclaimer”), in concert with our Terms and Conditions and Privacy Policy determine the rules of how you can use this Site and any of TH7’s social media profiles, and how you access our content and services, either as a paying customer or simply a website visitor.

1. Qualifications. TH7 BodyLabs and its operators may hold the following qualifications and professional certifications related to TH7 BodyLabs: Bachelor exercise and nutrition. TH7 makes no representations to hold any other qualifications or representations outside of this.
2. Not Professional Advice. Nothing shared on this Site by TH7 is professional advice. This is simply a compilation of content and services that TH7 is providing. TH7 and its services are not a substitute for professional advice or diagnosis. Please seek professional advice before engaging with our services and clearly understand that TH7 services are not a substitute for professional advice.
3. Video Disclaimer. In engaging with the content and videos shared on TH7 Site and other platforms, including Youtube, you hereby release TH7 from any liability related to any injuries or issues which may arise from engaging with, participating in, or viewing this content. YOU ARE RESPONSIBLE FOR YOUR OWN ACTIONS WHEN ACCESSING THIS CONTENT. This content is posted for educational and informational purposes only and is not tailored to you specifically in any way. Please note that this content is simply TH7 interpretation and approach, and that TH7 makes no representations about its efficacy and does not promise or guarantee any specific results. Please feel free to connect with TH7 to ask us any questions. All communications should be directed to marketing@th7bodylabs.com.
4. Social Media. This Disclaimer applies to TH7 BodyLabs’s Site, content, services, and all social media. Specifically:
   1. Instagram: @th7.au
   2. Facebook: @th7au
   3. LinkedIn: TH7
   4. Tiktok: TH7
5. No Guarantees. You understand that TH7 makes no guarantees whatsoever regarding any results based on any action or inaction based on the information we share or services we provide through the Site. At the end of the day, we will not be responsible or make any promises for what will happen in your life and health.
6. Intention. The intention of the information we share and post on the Site is for informational and promotional purposes only.
7. Not a Client. By accessing and using the Site, there is no client-professional relationship created between you and TH7. You will only be a client once we enter into an agreement regarding the services or when you sign a contract that we send to you, thereby officially creating a professional-client relationship. We hope to work together with you soon, but until we sign an agreement together, you are not a client. By continuing to use the Site, you acknowledge that for the moment, we are just pals.
8. Mistakes. We are committed to doing our best. All of the content we put on the Site is intended to be as accurate as possible and to be as helpful as possible in providing you our content and services. That being said, please understand that we are human and can make mistakes, and there is a chance (albeit very small) that information on the Site may be inaccurate. If this happens, we will rectify it as soon as it comes to our attention! We will never intentionally mislead you and we are committed to providing you with the best content and services. If you have any issues with this, you are always welcome to stop using the Site.
9. No Warranties. TH7 makes no promises that the Site or third-party programs we use to offer our services and products will always be operational. If something goes wrong, obviously, we’ll do everything we can to fix it ASAP. We also make no representations or warranties of any kind around any of the content we produce or share on the Site. To the maximum extent permissible by the State of Queensland, Australia laws, TH7 disclaims all warranties regarding all information, products and services offered on or through the Site.
10. Reach Out. Please feel free to connect with TH7 to ask us any questions. All communications should be directed to hello@th7bodylabs.com.

In exchange for membership access to TH7 clinics, you agree to be bound by the following: 

1 TERMS AND CONDITIONS

1.1 Application Your membership is governed by this Agreement.  

1.2 Terms This Agreement incorporates these terms, the Member Details, the Membership Details, the Payment Details, the Clinic Rules and the Liability Agreement  

1.3 Acceptance Accepting this Agreement does not automatically entitle you to a membership as your application may be subject to further review by TH7.  

1.4 Amendment TH7 reserves the right to amend this Agreement at any time in its absolute discretion. 

2 MEMBERSHIP  

2.1 Membership Your Membership permits you to participate in the Protocols and Equipment pieces at the rates specified for your Membership Type for the duration of the Term in accordance with this Agreement at all TH7 Clinics except for the following Clinics:  

(a) if Excluded Clinics are specified in the Membership Details, your Membership does not include the Excluded Clinics and you must pay the full advertised rate to participate in any Protocol at an Excluded Clinic.  

2.2 Change to details You must immediately give TH7 Written Notice of any changes to your details which are relevant to your Membership.  

2.3 Membership Hold You may place your Membership on a temporary hold and the Membership Fee will not be payable by you during this period, provided that:  

(a) you give TH7 no less than two week’s Written Notice that your Membership is to be put on hold; 

(b) the period that your membership is put on hold is no more than 6 weeks across a 52 week period; 

(c) you have not put your Membership on hold during the immediately preceding 12 weeks;  

(d) you must not give TH7 Written Notice of termination of your Membership and this Agreement in accordance with clause 5.1 during the period that your Membership is on hold.  

2.4 Membership Transfer You must not transfer your Membership without TH7’s prior written consent (which may be withheld in TH7’s absolute discretion).  

3 PAYMENTS  

3.1 Membership Fees You must pay the non-refundable Membership Fee to TH7 in advance using the payment method specified in the Payment Details.  

3.2 Dishonour Fee You must immediately pay to TH7 a $15 dishonour fee if the payment of your Membership Fee is dishonoured by your financial institution or you otherwise fail to pay all or part of your Membership Fee on each Payment Date  

3.3 Late Payment You must immediately pay to TH7 any fees, costs or other expenses incurred by TH7 (being bank charges or administrative charges incurred by TH7 directly or indirectly) in connection with any overdue or late payment by you.  

3.4 Payment Authorisation You and the account holder specified in the Payment Details hereby authorise TH7 and its Payment Provider to debit each of the following amounts from the account specified in the Payment Details: 

 (a) the Membership Fee each week on the Payment Date for the duration of the Term (including any increase in the Membership Fee in accordance with clause 3.6);  

(b) the Membership hold fee in accordance with clause 2,3;  

(c) the dishonour fee in accordance with clause 3.2; and  

(d) the late cancellation fee in accordance with clause 4.2.  

3.5 Suspension of Membership If you fail to meet any payment obligation under this Agreement (other than through the fault of TH7), then TH7 may (in its absolute discretion and without prejudice to any other rights of TH7 to recover overdue payment) suspend or terminate your Membership by giving Written Notice to you.  

3.6 Change in Membership Fees TH7 may increase the Membership Fee at any time. TH7 agrees to use reasonable endeavours to provide you with Written Notice of any changes. The changes to the Membership Fee will take effect 28 days after you have been given Written Notice. You and the account holder authorise TH7 to debit the increased Membership Fee from the account specified in the Payment Details weekly on each Payment Date. If you do not agree to the increased Membership Fee you may terminate your Membership with effect from the day prior to the Membership Fee increasing by giving Written Notice to TH7 at any time prior to this date. 

4 ACCESS TO CLINICS  

4.1 Booking You may only participate in a Protocol if you have made a booking through the Booking System. You acknowledge and agree that there is limited available spaces to participate in each Protocol and your desired times may not be available.  

4.2 Late Cancellation Fee All bookings including Protocols and Equipment plus add ons will be deducted from your credit balance if you fail to show.

4.3 Minimum Age You must be a minimum of 16 years of age to be a member participate in the Protocols. If you are under the age of 18, you must have a parent or legal guardian agree to the terms of this Agreement before you can participate in the Protocols and you must be accompanied by a parent or legal guardian when participating in the Protocols.  

4.4 Orientation It is a condition of this Agreement that you participate in a member orientation program before participating in any Protocols. The orientation focuses on various aspects of the Clinic including (without limitation) overview of the Protocols, Clinic layout and safety procedures. TH7 may suspend or terminate this Agreement and your Membership in the event of unsatisfactory completion of the orientation prior to the commencement of any Protocols by you. You acknowledge and agree that each Clinic may have different Equipment and/or a different layout. You acknowledge and represent to TH7 that you will seek assistance from TH7 personnel before using Equipment that is unfamiliar to you.  

4.5 Video and Audio Surveillance TH7 uses video and audio surveillance equipment to monitor each Clinic on a 24 hour basis for security purposes. You acknowledge and agree that by accessing any Clinic you will be subject to video and audio surveillance and recording.  

4.6 Liability for Property TH7 is not liable to you for any personal property that is damaged, lost, or stolen while on or around any Clinic including (without limitation) a vehicle or its contents or any property left in a locker.  

4.7 Rules You must follow all Clinic Rules and any reasonable directions from TH7 personnel whilst attending a Clinic or using the Equipment or participating in a Protocol.  

4.8 Physical Condition It is your responsibility not to participate in any Protocols if they may adversely affect any medical condition. You hereby represent to TH7 and its directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your participation in the Protocols. If you have any health or medical concerns now or after you enter into this Agreement, you must discuss them with your doctor before participating in any Protocol. You acknowledge that TH7 did not give you any medical advice before you participated in any Protocol, and cannot give you any medical advice after you participate in a Protocol.  

5 TERMINATION  

5.1 Termination without reason Any party may terminate this Agreement at any time after the Minimum Term expires provided the terminating party gives the other party Written Notice of not less than the Minimum Cancellation Notice.  

5.2 Termination for breach Either party may immediately terminate this Agreement by Written Notice to the other party if the other party:  

(a) breaches a provision of this Agreement which is not capable of being remedied; or  

(b) breaches a provision of this Agreement which is capable of being remedied and does not remedy such default within 7 days of notice of such default from the first mentioned party.  

5.3 Termination by TH7 TH7 may terminate your membership and this Agreement at any time and with immediate effect:  

(a) if you fail to make any payments of your Membership Fees to TH7;  

(b) you fail to pay to TH7 any amounts owing in connection with this Agreement;  

(c) you fail to follow any of the Clinic Rules or violate any part of this Agreement;  

(d) your conduct is improper or harmful to the best interests of clients of TH7 or attendees at Clinics or participants of the Protocols; or  

(e) TH7 discontinues your Membership Type (provided that it is not discontinued during the Minimum Term).  

5.4 Restriction of your membership Th7 may restrict your membership (including access to any Clinic or participation in any Protocol) at any time on the following basis:  

(a) concerns for the health and/or safety of you, another attendee of a Clinic and/or the staff of TH7; 

(b) non-compliance with Clinic Rules or any reasonable direction by the staff of TH7; or  

(c) improper, unsafe, offensive or other harmful conduct by you. 

5.5 Termination Effect Termination of this Agreement releases any party from any further performance of any liability under this Agreement but does not:  

(a) affect any provision of this Agreement expressed to operate or have effect after termination; or  

(b) have any prejudicial effect on any accrued right of any party in relation to any default under this Agreement by the other party occurring before termination.  

6 RELEASE AND INDEMNITY  

(a) Your use of the Equipment and/or participation in any Protocols provided by TH7 at each Clinic is at your own risk. You acknowledge that the use of a Clinic may involve risk of injury, whether caused by you or another party.  

(b) To the maximum extent permitted by law, you hereby release and indemnify TH7 and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns from any and all liability, costs (including, without limitation, legal costs), claims, damages, demands, and actions arising out of any incident that is in any way connected with the use of any Clinic, or the damage or theft of any property brought into a Clinic, or the use of the Equipment, or Participation in any Protocol by you , including (without limitation) any such claim, damage, demand or action that may be brought by you, your dependants, heirs, executors or administrators, except such incidents caused by the unlawful or grossly negligent acts of TH7.  

7 GENERAL PROVISIONS  

7.1 Assignment TH7 may assist its rights, obligations and liabilities under this Agreement with or without notice to you.  

7.2 Severability Any provision of this Agreement which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of this Agreement or the validity of that provision in any other jurisdiction.  

7.3 Document Preparation This Agreement must not be interpreted or construed to the disadvantage of a party by reason only that party has been responsible for its preparation.  

8 DEFINITIONS The following definitions apply in this Agreement unless the context otherwise requires:  

Clinic means each TH7 clinic including clinics established in the future.  

Clinic Rules means the Clinic rules as amended from time to time, which are located at a Clinic or otherwise provided to You.  

Booking System means the booking system utilised by TH7 for scheduling participating in the Protocols which is currently available at www.th7bodylabs.com.au.  

Equipment means any equipment owned, operated or utilised by TH7, which may include (without limitation) traditional saunas, steam rooms, infrared saunas, cold pools, hot pools, compression boots, cryogenic chambers, hyperbaric oxygen chambers, theraguns, red light or other equipment.  

Liability Agreement means the assumption of risk and waiver of liability agreement provided to you with this Agreement or otherwise signed by you from time to time.  

Membership means the Membership granted to you in accordance with this Agreement.  

Membership Fee means the weekly fee specified for your Membership Type in the Membership details which may be increased from time to time in accordance with clause  

Protocols means any protocol offered by TH7 which may utilise any equipment.  

Term means the period commencing on the Membership Start Date and concluding on the date this Agreement is terminated.  

TH7 means TH7 Bodylabs Pty Ltd ACN 654 819 486.  

You or Your means the person specified in the Member Details.  

Written Notice means notice in writing, given in person, by email or post to the parties’ last known address. 

Use of the Equipment and/or participation in the Protocols offered by TH7 involves substantial risks to participants. These risks include personal injury or illness ranging from minor to catastrophic including (without limitation) pain, headaches, irritation, bleeding, fainting, infection, anxiety, virus, disease, low blood pressure, high blood pressure, breathing difficulties, dehydration, dizziness, muscle tears, strains, musculoskeletal injuries, sprains, fractures, broken bones, seizures, heart attacks, strokes, aneurisms, drowning, permanent disability, death as well as other physical or mental incapacity.

By signing this form and using the Equipment and/or participating in the Protocols you indicate that you understand the risks of participation and voluntarily accept these risks. You further release TH7 from all liability associated with your participation.

If you have any of the following medical conditions you must not use the Equipment of participate in any of the Protocols. Medical Conditions that prevent you from participating include (without limitation):

1. Heart conditions or cardiovascular disease (angina, heart attack, aortic stenosis);
2. Unstable blood pressure;
3. Epilepsy;
4. Infectious disease; and
5. Pregnancy

This is a legal document and if you are unsure of its purpose of consequences or do not understand it you should seek independent legal advice or assistance before signing it.

In consideration for TH7 allowing me use the Equipment and/or participate in the Protocols, I the undersigned acknowledge and agree that:

A.    EQUIPMENT AND PROTOCOLS

1.     You may only use the Equipment and/or participate in the Protocols in accordance with this agreement.

2.     You acknowledge and agree that the use of the Equipment and/or participation in the Protocols will include exposure to extreme and suddenly changing conditions, environments, equipment, facilities and surroundings. This may include (without limitation) cold temperatures, hot temperatures, confined spaces, wet areas and pools, infrared waves, changes in oxygen levels, the application of pressure to your body and/or restrictions on your normal movement.

3.     You have read and understand the Risk Warning above and are aware of the dangers, risks and hazards associated with your use of the Equipment and/or participation in the Protocols. These risks include any manner of personal injury or illness ranging from minor to catastrophic including (without limitation) pain, headaches, irritation, bleeding, fainting, infection, anxiety, virus, disease, low blood pressure, high blood pressure, breathing difficulties, dehydration, dizziness, muscle tears, strains, musculoskeletal injuries, sprains, fractures, broken bones, seizures, heart attacks, strokes, aneurisms, drowning, permanent disability, death as well as other physical or mental incapacity.

4.     You acknowledge that the use of the Equipment and/or participation in the Protocols is being undertaken for the purposes of recreation, enjoyment or leisure, and involves a significant degree of risk of physical and mental harm as well as the materialisation of obvious risks.

5.     You acknowledge that the use of the Equipment and/or participation in the Protocols may be undertaken with one or more other persons as part of a group and that TH7 is not liable for the actions of any other participants or third parties.

6.     You are freely and voluntarily assuming any and all dangers, risks and hazards associated with your use of the Equipment and/or participation in the Protocols and further acknowledge that you agree to do so entirely at your own risk.

B.    PARTICIPANTS HEALTH, FITNESS AND PHYSICAL ABILITIES

7.     You are solely responsible for and must ensure that you have an appropriate level of health, fitness, physical skills and personal ability to use any Equipment and/or participate in any Protocols. TH7 has not made, nor will make any assessment of your level of health, fitness or personal abilities to use any Equipment and/or participate in any Protocols.

8.     You must consult with a suitably qualified medical professional regarding your level of health, fitness, physical skills and personal ability to use any Equipment and/or participate in any Protocols before using any Equipment and/or participating in any Protocols.

9.     You confirm that you have no medical conditions, impairments (physical, mental or otherwise), pregnancies or other conditions whatsoever that may affect the safety of yourself or others using any Equipment and/or participating in any Protocols.

10.  You confirm that you do not have any of the conditions specified in [#insert link].

11.  In the event that you are in difficulty during your use of the Equipment,  participation in the Protocols or otherwise whilst at a Clinic, you must immediately stop using the Equipment and/or participating in the Protocols and seek help, assistance and advice.

C.    COMPLIANCE WITH DIRECTIONS AND RULES

12.  You acknowledge and agree that you must comply with all lawful and reasonable directions of TH7 whether oral or written (including, without limitation, any directions and rules identified on signs).

D.    LIABILITY

13.  To the maximum extent permitted by law, you

a.     waive all liability and hold TH7 harmless for any loss (including financial loss), damage, personal injury (including physical and mental injury or incapacity), death or property damaged; and

b.     release and indemnify TH7 from any and all liability, costs (including, without limitation, legal costs), claims, damages, demands and actions,

arising from or in connection with your use of any Equipment, Participation in any Protocols and/or attendance at any Clinic to the extent that it was directly or indirectly caused by your failure to strictly comply with Part B (Participants Health, Fitness and Physical Abilities) and/or Part C (Compliance with Directions and Rules) or to the extent that you were aware or ought to have been aware of the relevant risk having regard to Part A (Equipment and Protocols).

14.  You understand by signing this agreement you will be forever precluded from suing or otherwise claiming against TH7 for any loss, damage, personal injury (including physical and mental injury or incapacity), death or property damage that you may sustain through your use of any Equipment, participation in any Protocols and/or attendance any at Clinic.

E.     GENERAL

15.  In entering into this agreement, you are not relying upon any oral or written representations or statements made by TH7 about the risks associated with the use of the Equipment and/or participation in the Protocols other than what is outlined in this agreement.

16.  If any provision of this agreement is held to be invalid or unenforceable, the remainder of this agreement will not be affected, and it will in other respects continue to be effective and enforceable. If such invalidity or unenforceability is subsequently released or changed so it is no longer in conflict with the law, the provision will return to full force and effect.

17.  This agreement will be for the benefit of and be binding on you and TH7 and their respective successors and permitted assigns.

18.  In this agreement:

Clinic means any clinic operated by TH7 that provides the Equipment or the Protocols.

Equipment means any equipment owned, operated or utilised by TH7, which may include (without limitation) traditional saunas, steam rooms, infrared saunas, cold pools, hot pools, compression boots, cryogenic chambers, hyperbaric oxygen chambers, theraguns, float tanks or other equipment;

Protocols means any protocol offered by TH7 that may utilise any Equipment;

TH7 means TH7 Body Labs Pty Ltd and any “associated entity” or “related entity” of TH7 Body Labs Pty Ltd as those terms are understood under Sections 9 and 50AAA of the Corporations Acts 2001 (Cth).