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Acknowledgement Form

In consideration of the use of the facilities of Alchemy Saunas Pty Ltd (Provider), and by attending the Premises, the Client (in this Acknowledgement Form referred to as you or your) agrees as follows:

  • (Devices):  You specifically agree not to use any electronic devices whilst utilising the Services.  You acknowledge that use of devices in breach of this restriction could cause serious harm to you and others.
  • (Risk Factors):  You understand and acknowledge that the use of equipment, facilities and Services provided by the Provider involves risk such as, but not limited to, the following which may result from the use of the facilities, from the activity itself, from the acts of others, or from the unavailability of emergency or emergency medical care: risk of property damage, bodily injury or death.
    • This risk may be elevated in certain individuals due to the physiological and psychological responses associated with Cold Water Immersion (CWI), which include but are not limited to:
      • Shock responses: hyperventilation, increased heart rate, increased blood pressure, and, in extreme cases, cardiac arrhythmias
      • Respiratory changes/gasping: increased risk of gasping and inhaling water due to loss of breathing control
      • Cramps and muscle spasms
      • Hypothermia and/or frostbite: as a result of excessively cold water or prolonged exposure
      • Panic attacks
  • (Restriction on Use):  You agree that you understand that you must not use sauna and/or ice bath facilities whilst having any of the following conditions, as this may be detrimental to your wellbeing: o     Cardiovascular or any heart conditions; o     Diabetes, neuropathy, Parkinson’s, MS, or lupus; o     Joint injuries; o     Insensitivity to heat; o     Infectious disease, cold/flu symptoms, respiratory infection or fevers; o     Eustachian tube dysfunction; o     Pneumothorax; o     Hypertension exceeding 160/100; o     Severe untreated asthma; o     Seizures; and o     Pregnancy. You agree that you have fully disclosed any physical concerns to the Provider prior to utilising the Services or any aspect thereof.  The extent permitted by law, you release the Provider from any responsibility for symptoms related to or which occur in connection with the Services
  • (Assumption of Risk):  You are fully aware of the risks and hazards connected with the use of the equipment and facilities.  To the extent permitted by law, you assume all risks that arise out of the use of the Premises, the Services, the activity itself, the act of others, or the unavailability of emergency care, including but not limited to the risk factors described above
  • (Acknowledgement of Policies and Procedures):  You acknowledge having been provided with, and having had the opportunity to consider and review, all of the policies and procedures relating to the Premises and/or equipment and the Services, and you understand that the safe and proper use of the Premises, equipment or participation in the activity is dependent upon carefully following such policies and procedures.
  • (Prerequisite Physical and Mental Health):  You acknowledge that you have the requisite physical and mental health and abilities for the proper and safe use of the equipment and facilities and to participate in the activity itself and to use the Services.  You warrant that you are not under the influence of any drugs, either recreational or prescription, which could interfere with any of the Services and the Provider’s property and safe use of its equipment and facilities.  You agree that if you have any questions as to what skills, qualifications or training is necessary to properly use any of the Services and the Provider’s equipment or facility, or to participate in the activities contemplated by the Services, then you shall immediately direct such questions to the appropriate staff member at the Premises.  You are encouraged to have a physical examination prior to any and all participation in the Services.  You confirm to the Provider that you have discussed the use of sauna and/or ice bath facilities with your Specialist or Doctor in regards to any of your health or medical concerns prior to commencing your first session.
  • (Emergency Treatment Consent):  You, as a participant in the Services and the subject activities, hereby consent to medical treatment in a medical emergency where you are unable to consent to such treatment.
  • (Privacy):  The Provider takes your privacy and security very seriously.  When you create a user profile with the Provider, book and appointment or make a purchase, the Provider may collect information about you, such as your name, email, credit card information, as well as any other information you provide in order to process the transaction.  The information you provide is stored securely, never given to third parties, and credit card numbers are encrypted, using industry standard technology.
  • (Scheduling):  You agree that if you make an appointment and subsequently cancel it with less than [12 hours] notice, your session is non-refundable.  Whilst the Provider cannot guarantee a refund, the Provider understands that life is fluid and will always do its best to work with its clients.  Please contact the Provider as soon as possible if you need to cancel or reschedule your appointment.
  • (Arrival time):  Late arrivals can be accepted up to 15 minutes after your start time.  In the event that you are unable to finish a commenced session, the session is considered non-refundable.
  • (Contract packages) You agree to paying the Provider by weekly payments, of either of the following:
    • Beach Club package, which entitles you to unlimited sauna for $30 per week.
    • Premium package, which entitles you to unlimited sauna & ice for $40 per week.
    as agreed by the parties.
  • You agree to pay for your contract package weekly in advance.
  • You agree to a minimum commitment of four (4) weeks.
  • You agree to bring your own towel and water bottle each time you attend the Premises.

You agree and confirm that you understand and accept that booking a sauna and/or ice bath session at the Provider’s Premises and you confirm that you agree with this ‘Contract’ (as that term is defined in the General Conditions).

ALL IN ACCORDANCE WITH:

1.          This Acknowledgement Form; and

2.          Schedule 1 – General Conditions

Schedule 1 – General Conditions

1. Definitions and interpretation

1.1 Definitions

In these General Conditions and elsewhere in the Contract unless a contrary intention appears:

Acknowledgement Form means the page headed “Acknowledgement Form” to which these General Conditions are attached or otherwise accompanied.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act.

Civil Liability Act WA means the Civil Liability Act 2002 (WA).

Claim means any claim, demand or cause of action whether arising in contract, tort, under statute or otherwise in relation to the Services or the Contract.

Client means the person who enters into the Contract for the use of Services, and agrees to do so in accordance with the Contract.

Commencement Date means the date of the Contract.

Competition and Consumer Act means the Competition and Consumer Act 2010 (Cth).

Contract means the agreement between the Client and the Provider evidenced by the Acknowledgement Form (including its Schedules, if any), these General Conditions and all other documents which are incorporated by reference.

Contract Price means the amount payable, excluding GST (if and as applicable), to the Provider in relation to the provision of the Services, as described in the Acknowledgement Form, as adjusted in accordance with the Contract (if applicable).

Corporations Act means the Corporations Act 2001 (Cth).

Dispute means any dispute, question or difference of opinion between the parties concerning or arising in connection with any or all of the following:

  • the Services;
  • the Contract, or its validity, construction, meaning, operation or effect; and
  • the rights, duties or liabilities of either the Client or the Provider in relation to any of the Services and the Contract.

General Conditions means these general conditions.

Government Agency means any government or governmental, semi-governmental, administrative, municipal, fiscal or judicial body, department, commission, authority, tribunal, agency or entity.

Indirect Transaction Taxes mean any relevant value added tax, goods and services tax, sales, use or consumption or similar tax or impost imposed, levied or assessed by any Government Agency or otherwise payable, but excludes any related penalty, fine or interest thereon.

Input Tax Credit means any entitlement to a credit for, or offset against, reduction in or refund of, Indirect Transaction Taxes, in relation to any acquisition or the receipt of any supply.

Loss means, in relation to any fact, matter or circumstance, all losses, costs, damages, expenses and other liabilities arising out of or in connection with that fact, matter or circumstance including all legal and other professional expenses on a solicitor-client basis incurred in connection with investigating, disputing, defending or settling any claim, action, demand or proceeding relating to that fact, matter or circumstance (including any claim, action, demand or proceeding based on the terms of the Contract).

Premises means any those parts of the land, buildings or structures provided by the Provider for performing the Services.

Provider means Alchemy Saunas Pty Ltd.

Related Entity of a corporation, means:

  • a “related body corporate” of that corporation within the meaning of section 50 of the Corporations Act; and
  • a trustee of any unit trust in relation to which that corporation, or a corporation referred to in paragraph (a) of this definition, directly or indirectly:
    • controls the right to appoint the trustee;
    • is in a position to control the casting of, more than one half of the maximum number of votes that might be cast at a meeting of holders of units in the trust; or
    • holds or is in a position to control the disposal of more than one half of the issued units of the trust.

Services means all sauna and/or ice bath therapy services, and any related goods supplied, and work and obligations to be performed, developed, produced or supplied by the Provider under, simultaneously with, or in connection with, the Contract.

Taxes means, unless the contrary intention is expressed, any and all taxes, including, without limitation, Indirect Transaction Taxes, excise, stamp, documentary, customs, import/export, payroll, personal, property, real property, interest equalisation, business, occupation, turnover, income, corporation, capital, profits, gains, gross receipts, or other taxes, fees, withholdings, imposts, levies, duties or other charges of any nature whatsoever or whensoever, together with any penalties, fines or interest thereon or similar additions thereto, imposed, levied or assessed by any Government Agency or otherwise payable.

Tax Invoice means an invoice or other document, including without limit a credit note or debit note, in a form that is valid under the applicable law of the jurisdiction in which a liability to pay Indirect Transaction Taxes is imposed, claimed, levied or assessed, which must be held by a person for that person to be able to claim Input Tax Credits.

1.2 Interpretation

In these General Conditions headings are for convenience only and do not affect interpretation and, unless the contrary intention appears:

  • The singular includes the plural, and the converse also applies.
  • A gender includes all genders.
  • If a word or phrase is defined, its other grammatical forms have a corresponding meaning.
  • A reference to a person includes an individual, the estate of an individual, a corporation, an authority, an association or parties in a joint venture, a partnership, a trust, or a minor (in the case of anyone contracting on behalf of a minor) and the person contracting on their behalf.
  • A reference to a person or a party, includes a reference to that person’s or party’s executors, administrators, successors, substitutes (including persons taking by way of novation) assigns (in the case of a person) and permitted assigns (in the case of a party).
  • A reference to a statute includes any regulations or other instruments made under it (delegated legislation) and a reference to a statute or delegated legislation or a provision of either includes consolidations, amendments, re-enactments and replacements.
  • Where two or more persons are named as a party then the obligations on their part will bind and be observed and performed by them jointly and each of them severally.
  • A reference to dollars and $ is to Australian currency.
  • A reference to a party, clause, schedule, exhibit, attachment or annexure is a reference to a party, clause, schedule, exhibit, attachment or annexure to or of these General Conditions.
  • Mentioning anything after ‘includes’, ‘including’, ‘for example’, or similar expressions, does not limit what else might be included.
  • In the case of any inconsistency between the documents forming part of the Contract, the following order of precedence applies, with the first listed document having the highest precedence:
    • the Acknowledgement Form;
    • these General Conditions; and
    • all other schedules, annexures, attachments and other documents referred to in the above documents.
  • Nothing in the Contract is to be interpreted against a party solely on the ground that the party put forward the Contract or a relevant part of it.

1.3 Benefit

Every exemption, limitation, defence, immunity, indemnity or other benefit contained in the Contract or otherwise to which the Provider is entitled will be held by the Provider in its own right and also as trustee for the benefit of, and will also extend to protect, each and all of:

  • the Provider’s Related Entities; and
  • any and all of the Provider’s and its Related Entities’, directors, officers and personnel.

1.4 Survival

This clause ‎1 shall survive the expiry or termination of the Contract.

2. Contract

2.1 Entire agreement

The Contract, as amended from time to time in accordance with its provisions, represents the entire agreement between the parties regarding its subject matter and supersedes all prior communications, arrangements, and negotiations.

2.2 Acknowledgement

The Contract is formed upon the earlier of the parties:

  • agreeing to its terms; and
  • by their conduct, verbal or otherwise, permitting and/or performing the Services,

and, once formed, is the only authority which the parties will recognise for providing the Services.

2.3 Client’s additional terms

The parties hereby acknowledges that any terms and conditions attached to any communication between them shall not form part of the Contract unless expressly agreed otherwise in writing.

3. Performance by Provider

The Provider must provide the Services in accordance with the terms of the Contract and in consideration of the Contract Price on and from the Commencement Date.

4. Access to Premises

4.1 Access generally

  • The Contract, subject to the Client’s strict compliance with its obligations herein, entitles the Client to access the Premises for the purposes of enjoying the Services.
  • The Client must not permit or otherwise allow any third party to access the Premises without the prior express written consent of the Provider.
  • The Provider may temporarily close the Facilities from time to time, during which time the Client must not enter the Facilities. The Provider will exercise best endeavours to provide reasonable notice to the Client of any proposed closures.

4.2 Conditions

  • The Client must comply with the directions of the Provider’s personnel at all times while accessing the Premises.
  • The Client must;
    • be 18 years of age or older to access and use the sauna facilities.
    • shower before using the ice baths.
    • sit on a towel while using the sauna.
  • The Client must not:
    • smoke, or consume alcohol or drugs, or otherwise be under the influence of drugs or alcohol;
    • use offensive language;
    • engage in aggressive behaviour,

at any time whilst accessing the Premises.

  • The Client must wear appropriate swimming attire when using the Services.
  • The Client must at all times whilst using the ice baths facilities ensure that his or her head is above water level.
  • The Client must remain seated at times whilst using the sauna facilities.
  • Oils are not permitted into the sauna.
  • The Client must remain well hydrated at all times whilst using the Services.
  • The Provider recommends that persons always use the sauna facilities whilst accompanied by one other person.
  • The Provider recommends that sauna use is limited to 20-minutes at any one time.
  • The Provider recommends that persons have a minimum 10 minute break before re-entering the sauna.

5. Payment

5.1 Payment of Contract Price

  • At the Commencement Date, the Client must enter into a separate payment agreement with Provider, on terms required by the Provider.
  • The Client shall pay the Contract Price from its nominated debit or credit card account.
  • By nominating a credit or debit account, the Client authorises the Provider or its nominated representative to deduct all fees and charges payable under the Contract from that account.
  • The Contract Price is payable weekly in advance by payment on and from the Commencement Date.
  • The Client must ensure it has sufficient funds in its account to permit a debit payment to be made in accordance with each debit request.
  • In the event of the Client’s nominated direct or debit account containing insufficient funds at the time of any payments being due, the Client may be charged a fee and/or interest by its financial institution.
  • If any debit payment is declined, the Client must immediately pay any outstanding amounts, and access to the Facilities will be denied until all outstanding amounts are paid.
  • The Provider shall keep any transaction information (including the Client’s account details) confidential, will make reasonable efforts to keep any such information that it holds about the Client secure, and shall ensure that any of its employees or agents who have access to information about the Client do not make any unauthorised use, modification, reproduction or disclosure of that information.
  • The Provider may only disclose information it holds in relation to the Client to the extent specifically required by law, or for the purposes of administering the Contract (including engaging third parties or disclosing information in connection with any query or insurance claim).

5.2 Survival

This clause ‎4 shall survive the expiry or termination of the Contract.

6. Taxes

6.1 Taxes generally

The Contract Price and all other amounts payable under the Contract (including any amount by way of reimbursement, indemnity, damages or otherwise) are:

  • subject to clause ‎1(b), inclusive of all Taxes; and
  • exclusive of Indirect Transaction Taxes, unless expressed otherwise.

6.2 Indirect Transaction Taxes

  • If Indirect Transaction Taxes are payable on a supply, transfer or sale (supply) made under or in connection with the Contract, and if the party making that supply is liable under the applicable law, to pay, or collect and remit the Indirect Transaction Taxes to the appropriate Government Agency, the party receiving that supply (recipient) must pay to the supplier an additional amount equal to the Indirect Transaction Taxes payable by the supplier in respect of the supply. The recipient must pay the additional amount to the supplier on the date when the Contract Price (or part thereof) is provided to the supplier (subject to a Tax Invoice being received prior to payment date). This clause ‎2(a) does not apply to the extent that the consideration for the supply is expressed to be inclusive of Indirect Transaction Taxes.
  • The supplier must ensure that each invoice it presents to the recipient in respect of any Indirect Transaction Taxes is a Tax Invoice. If the supplier fails to provide the recipient with a Tax Invoice within the time period required by applicable law of that jurisdiction, the recipient may withhold payment of the amount payable on account of Indirect Transaction Taxes, either pursuant to clause ‎1(b) or as part of the consideration where that consideration is expressed to be inclusive of Indirect Transaction Taxes, until such time as a Tax Invoice is received.
  • Any reference in:
    • the Contract to a Loss, cost, expense or other liability (Cost) incurred by a party; or
    • the calculation of consideration or of any indemnity, reimbursement or similar amount to a Cost,

must exclude the amount of an Input Tax Credit entitlement of that party in relation to that Cost.

  • Each party will take all reasonable steps to co-operate with and provide all necessary assistance to the other party to ensure so far as possible that the Taxes treatment is accepted by the relevant Government Agency, including the provision of invoices, proof of payment, proof of source and/or origination and other Documentation for this purpose.

6.3 Survival

This clause ‎6 will survive the expiry or termination of the Contract.

7. Dispute resolution

7.1 Disputes

If at any time there is a Dispute, the parties will as a condition precedent to the commencement of any proceedings in respect of the Dispute (other than proceedings required on an urgent interlocutory basis), promptly and no later than 14 days following the occurrence of a Dispute, confer in an endeavour to settle the Dispute.

7.2 Failure to agree

If the Client and the Provider fail to agree within 30 days after first conferring, either party may commence legal proceedings in an appropriate court to resolve the Dispute (but not earlier).

7.3 Obligations continue

Notwithstanding the existence of any Dispute, the parties will continue to perform all of their obligations under the Contract without limiting their position in respect of any Dispute.

7.4 Survival

This clause ‎7 will survive the expiry or termination of the Contract.

8. Notices

8.1 Notices in writing

Each communication (including each notice, consent, approval, request and demand) under or in connection with the Contract (each, a Notice) must be in writing and in the English language.

8.2 Method of sending Notices

  • Subject to any other specific provision of the Contract to the contrary, where any Notice requires an act or thing to occur or be performed within a time specified, the Notice must be sent:
    • as a signed document attached to an email; or
    • by mail to, or be left at, the address of the party or person to whom or which the requirement specified in the Notice is directed.
  • The Notice referred to in clause ‎2(a) must be sent to or left at:
    • in the case of the Provider or the Client – the relevant address provided by one party to the other;
    • in the case of any other party or person that is a body corporate – its registered office or principal office; and
    • in the case of any other party or person that is not a body corporate – its address last known to the party or person sending or leaving the Notice.

8.3 Service

Except as provided in this clause ‎8.2(a) and subject to anything elsewhere specifically provided to the contrary in the Contract, and without limiting any other proper mode of service or giving the Notices, a Notice will be properly served or given:

  • if posted by mail to the party or it’s representative to the address (if any) nominated in the Contract, or if left at that address;
  • if posted to the party at its registered office in Western Australia, or if left at that registered office;
  • if handed to the party or it’s representative personally; or
  • if sent electronically as an attachment to an email to the party or the party’s representative at the email address specified in the Contract or otherwise notified by the party.

8.4 Receipt of Notices

A Notice will be deemed to have been received:

  • if delivered personally, upon delivery;
  • if mailed to an address in the city of despatch, upon expiry of 2 working days after the day of despatch;
  • if mailed elsewhere within Australia on the expiry of 3 days after the day of despatch;
  • if mailed from overseas, on the expiry of 7 days after the day of despatch; or
  • if sent electronically as an email attachment:
    • if it is transmitted by 5.00pm (Australian Western Standard Time) on a day – on that day; or
    • if it is transmitted after 5.00pm (Australian Western Standard Time) – on the next day.

9. Limitation of Liability

9.1 Limitation of Liability

Notwithstanding any clause in the Contract, however subject to clauses ‎9.3(e) and ‎9.3(f), to the maximum extent permitted by law, the Provider’s maximum liability to the Client, whether in contract, tort (including negligence), statute, warranty or otherwise in connection with the Contract shall be limited to twenty per cent (20%) of the Contract Price.

9.2 Consequential loss

Notwithstanding any clause in the Contract, the Provider shall not be liable to the Client for loss of actual or anticipated profits or revenue, loss of production, loss of contract, loss of opportunity, loss of business reputation, delay costs payable to third parties, or any consequential, special, contingent or penal damages whether arising out of a Claim for loss of use, loss of profits or otherwise and (without limiting the foregoing) the Client shall be limited to recovery of damages which have arisen directly out of the Contract.

9.3 Acknowledgements

The Client acknowledges and agrees that:

  • the activities involved in the Services are a recreational activity that involves risk;
  • the risks inherent in the Services include risk of physical injury or death, illness, inducement to exacerbation of medical conditions, mental harm or distress, and damage to the Client’s property, and that the Client’s health, ability and conduct will also affect such risks;
  • to the extent permitted under the Australia Consumer Law, and subject to clauses ‎3(e) and ‎9.3(f), the Client engages the Services at its own risk;
  • to the extent permitted under the Australia Consumer Law, and subject to clauses ‎3(e) and ‎9.3(f), the Provider’s liability for a breach of any guarantee or warranty imposed under the Australian Consumer Law, is limited to one or more of the following at the Provider’s election:
    • in the case of products, to replacement of the products or supply of equivalent products, repair of the products; payment of the cost of replacing the products or of acquiring equivalent products; or payment of the cost of having the goods repaired; and
    • in the case of services, to supply of the services again or payment of the cost of having the services supplied again;
  • to the extent permitted under section 139A of the Competition and Consumer Act, and to the extent that the Provider provides a “recreational service” to the Client (as defined under that section 139A), the Provider excludes application of the guarantees and Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law, the exercise of any rights conferred under the provisions of that Subdivision, and excludes liability for failing to comply with a guarantee under that Subdivision for:
    • death;
    • physical or mental injury (including aggravation, acceleration or recurrence of such injury);
    • the contraction, aggravation or acceleration of a disease;
    • the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
      • that is or may be harmful or disadvantageous to the Client; or
      • that may result in harm or disadvantage to the Client or the community. This exclusion of liability does not apply where significant personal injury is caused by the reckless conduct of the Provider in accordance with section 139A of the Competition and Consumer Act; and
    • in the event that the Civil Liability Act WA applies to the Contract, the Client’s participation in the Services, to the extent permitted under section 5J of the Civil Liability Act WA, and to the extent that the Provider provides the Client with “recreation services” and the Services are a “recreational activity” as defined under the Civil Liability Act WA, the Provider excludes all liability (including any Loss or Claim) arising from or in connection with a breach of any express or implied warranties and conditions that our services will be provided with reasonable care and skill, regardless of whether the claim in brought in tort (including in negligence), in contract, under statute or otherwise. The exclusion will not apply if the Provider commits reckless conduct as set out in section 5J(6) of the Civil Liability Act WA.

9.4 Release and indemnity

Subject to clauses ‎9.1 to ‎9.3, and to the extent permitted by law, the Client:

  • releases the Provider from and against any Loss or Claim arising from or in connection with its use or enjoyment of the Services, or the Provider’s negligence; and
  • indemnifies the Provider from and against all Loss or Claims incurred by the Provider arising from or in connection with any of the Client’s:
    • use or enjoyment of the Services;
    • breach of the Contract; and
    • negligent acts or omissions, including but not limited to providing inaccurate or incomplete information, or omitting information, to the Provider,

provided that nothing in this clause ‎9.4 limits or excludes liability of the Provider for losses, damages or expenses arising as a result of the reckless conduct of the Provider, and nothing in this clause ‎9.4 excludes any liability of the Provider that cannot be excluded under an applicable law.

9.5 Survival

This clause ‎9 shall survive the expiry or termination of the Contract.

10. Suspension

  • Subject to this clause ‎10, the Client may suspend the Contract by providing 7 days written notice to the Provider, via memberships@alchemysaunas.com.au.
  • The minimum period that the Contract may be suspended is 14 days in a calendar year.
  • The maximum period that the Contract may be suspended is 90 days in a calendar year.
  • In the event that the Client wishes to suspend the Contract, the Client is required to notify the Provider via written communication at memberships@alchemysaunas.com.au.

11. Termination of Contract

  • The Client may terminate this Contract by providing written notice to the other party. Such notice must be given at least 30 days prior to the intended date of termination.
  • If the Client wishes to cancel the Contract, the Client must notify memberships@alchemysaunas.com.au in writing, as text messages will not be accepted.
  • Upon written notice pursuant to clause ‎11(a), termination shall take effect 30 days from the date the notice is received, and any further payments due and payable by the Client will be processed up to the termination date.
  • Termination of the Contract shall not affect any rights or liabilities which have accrued prior to the date of termination.

12. Use and No Show Policy

12.1 Session Use Limitation

The Client is entitled to the use of one sauna session per day, per Contract. This limitation is imposed to ensure equitable access to services for all members of the Provider.

12.2 No Show and Late Cancellation Policy

In the event of a ‘no show’ booking, or failure by the Client to cancel a booking at least six (6) hours prior to the scheduled time, the Client may be subject to a fee of $10 or forfeit their session credit, whichever is applicable. This policy is enforced to mitigate the impact of unutilised bookings on service availability and operational planning.

12. General

12.1 Law applicable

The Contract is governed by the law of the State of Western Australia and the parties submit to the non-exclusive jurisdiction of the courts of the State of Western Australia and of any court which may hear appeals from any of those courts, for any proceedings in connection with the Contract.

12.2 Waiver in writing

The waiver or relaxation partly or wholly of the terms of the Contract will be valid only if in writing and signed by the Client, will apply to a particular occasion and will not be continuing unless expressed so to be, and further will not constitute a waiver or relaxation of any other condition or term.

12.3 Further assurances

Each party agrees to do all things and execute all deeds, instruments, transfers or other documents as may be necessary or desirable to give full effect to the provisions of the Contract and the transactions contemplated by it.

12.4 Severance

Any provision of the Contract that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability.  That does not invalidate the remaining provisions of the Contract nor affect the validity or enforceability of that provision in any other jurisdiction.

12.5 Assignment and novation

  • The Client must not assign its rights or novate, licence or sub-contract its rights and obligations under the Contract to any third party, without the prior written consent of the Provider which may be withheld or delayed in the Provider’s sole discretion.
  • The Provider may assign its rights or novate, licence or sub-contract its rights and obligations under the Contract to any third party or Related Entity, with the prior written consent of the Client which must not be unreasonably withheld or delayed, and Client must sign all relevant documentation required by the Provider to give effect to any such disposal.

12.6 Survival

This clause ‎12 shall survive the expiry or termination of the Contract.

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