Health Waiver & Disclaimer

This Health Waiver, Assumption of Risk & Disclaimer ("Waiver") is a legal agreement between you and Rain Day Spa Indooroopilly Pty Ltd (ACN 700511324) ("Rain Day Spa", "we", "us", "our"), the operator of the Rain Day Spa facility located at 9 Ormond Terrace, Indooroopilly, Queensland 4068 (the "Facility").

At the Facility we make available:

• self‑directed wellness facilities, which may include a sauna, a hydrotherapy spa (warm‑water immersion), a cold‑water ice plunge, and an associated outdoor deck and wet areas (the "Wellness Facilities"); and
• massage and related treatments, which are provided by independent, qualified practitioners engaged to work at the Facility (each a "Practitioner", and those services the "Treatments").

The Wellness Facilities and the Treatments are together the "Services". The way the law treats the two differs, and this Waiver deals with each of them.

By creating an account, making a booking, or using the Facility, you confirm that you have read, understood and agree to this Waiver. If you do not agree, do not create an account, make a booking, or use the Facility. This Waiver should be read together with our Terms & Conditions and Privacy Policy.

In this Waiver, "Released Parties" means each of the following:

• Rain Day Spa Indooroopilly Pty Ltd, and its directors, officers, employees, contractors and agents;
• Nicolle Toohey and Daniel Cagara, in their capacity as owners and lessors of the premises at which the Facility operates (the "Property Owners"); and
• any Practitioner, and any other person who, with our authority, provides services or assistance at the Facility.

You agree that the releases, acknowledgements, assumptions of risk and covenants in this Waiver are given for the benefit of, and may be relied on and enforced by, each of the Released Parties. Where a Released Party is not itself a party to this Waiver:

• the parties intend that the Released Party may enforce the relevant provisions in its own name as a promise made for its benefit under section 68 of the Property Law Act 2023 (Qld) (which extends to a person who is not in existence when the promise is made); and
• to the extent any such provision is not directly enforceable by the Released Party, we hold the benefit of it on trust for that Released Party.

The Facility is strictly for adults. You confirm that you are 18 years of age or older. We do not admit, and you must not bring, any person under 18 into the Facility or its wet areas at any time.

The Wellness Facilities are for self‑directed use. Sessions are 45 minutes and you use the facilities yourself, at your own pace. Treatments are delivered by a Practitioner and are booked separately or added to a session as described at the time of booking.

The Facility may not be staffed or supervised at all times. You may be using the Wellness Facilities without a staff member present. You accept that immediate assistance may not be available and agree to use the facilities accordingly — including by observing posted limits on session length and use, and by using the means we provide to call for help in an emergency.

We may also serve light food and alcoholic drinks at the Facility. Alcohol is served only to guests aged 18 or over, under and in accordance with our Queensland liquor licence, and only for consumption after you have finished using the Wellness Facilities for the day. You must not use, or re‑enter, the sauna, spa or ice plunge after consuming any alcohol. We do not permit you to bring your own alcohol. We may refuse to serve alcohol, and may refuse entry to or use of the facilities, where a person is or appears to be affected by alcohol.

This section is a risk warning. Use of heat, cold‑water immersion and warm‑water immersion facilities, and receiving massage, involve real and significant risks to your health and safety, some of which can be serious or, in rare cases, fatal. These risks include (without limitation):

• Heat / sauna: overheating (hyperthermia), dizziness, fainting, dehydration, nausea, low blood pressure, and stress on the heart and circulation, which can be dangerous for people with cardiovascular or other conditions; burns from hot surfaces.
• Cold‑water / ice plunge: "cold shock" and involuntary gasp reflex, hyperventilation, a sudden rise in blood pressure and heart rate, irregular heartbeat, muscle incapacitation, and "after‑drop" cooling after exiting — any of which can lead to fainting, inability to exit the water, or drowning.
• Warm‑water / hydrotherapy spa: overheating, fainting, slips when entering or exiting, drowning, and waterborne infection.
• Massage and related treatments: soreness, bruising, discomfort, and (rarely) aggravation of an injury or an adverse reaction; risks are increased if you do not disclose a relevant condition to your Practitioner.
• Alcohol: consuming alcohol before or during use of heat, cold‑water or warm‑water facilities is dangerous — it impairs judgement, balance and your perception of heat and cold, promotes dehydration and fainting, and significantly increases the risk of drowning, cold shock and heart events. For this reason, alcohol is served only after you have finished using the facilities.
• General: slips, trips and falls on wet surfaces; cuts and bruises; aggravation of pre‑existing conditions; adverse reactions; and the risk that, because the Facility may be unsupervised, assistance may be delayed.

The contrast between hot and cold facilities can place additional stress on the heart and circulation. If at any time you feel unwell, dizzy, faint or unsafe, stop immediately, exit the facility, and seek help.

You are responsible for deciding whether you are fit to use the Facility. By using the Facility, you confirm that, to the best of your knowledge, each of the following is true — and if any is not, that you will not use the relevant facility or Treatment unless and until you have obtained and followed advice from a qualified medical practitioner:

• I am not pregnant.
• I do not have a heart condition, high or low blood pressure, or any cardiovascular or circulatory condition.
• I have not recently had surgery and I have no open wounds, skin infections or contagious conditions.
• I do not have epilepsy, a seizure disorder, diabetes, a respiratory condition, a blood‑clotting or thrombosis condition, or any condition that may be affected by heat or cold exposure or by massage.
• I am not under the influence of alcohol, recreational drugs, or any medication that impairs my judgement, balance or perception of heat, cold or pain.
• I am not aware of any other medical reason why I should not use heat, cold‑water or warm‑water immersion facilities or receive massage.

You agree to use the facilities sensibly: to limit your exposure time, to stay hydrated, not to use the facilities alone if you have any reason for concern, to disclose any relevant condition to your Practitioner before a Treatment, not to use or re‑enter the Wellness Facilities after consuming alcohol, and to stop immediately if you feel unwell.

You acknowledge that the activities at the Facility are undertaken for your own enjoyment, relaxation and leisure, and that they involve a significant degree of risk of physical harm. You voluntarily choose to participate with full knowledge of the risks described in section 5 and of the obvious and inherent risks of such activities.

You accept and assume all such risks, including risks that are obvious or inherent, or that cannot be avoided by the exercise of reasonable care and skill. You acknowledge that, under the Civil Liability Act 2003 (Qld), a person is presumed to be aware of an obvious risk (section 14), there is generally no duty to warn of an obvious risk (section 15), and there is no liability for the materialisation of an inherent risk (section 16); and that use of the Wellness Facilities may be a dangerous recreational activity for which there is no liability in negligence for harm resulting from the materialisation of an obvious risk (sections 18–19). You agree that you participate entirely at your own risk.

Nothing in this Waiver excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded (your "Non‑excludable Rights"). Where we are permitted to limit our liability for a failure to comply with a consumer guarantee, our liability is limited to the extent the law allows.

Wellness Facilities (recreational services)

The Wellness Facilities are supplied as recreational services within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth). To the maximum extent permitted by that section:

• the consumer guarantees that those services will be rendered with due care and skill, and will be reasonably fit for any particular purpose made known to us, do not apply to the supply of the Wellness Facilities to you; and
• you agree that we and the other Released Parties are not liable for any death, or physical or mental injury (including the aggravation, acceleration or recurrence of an injury), or the contraction, aggravation or acceleration of any disease, arising from your use of the Wellness Facilities — whether that liability would otherwise arise in negligence, under statute, or otherwise.

This exclusion is limited to liability for death and personal injury as described above. It does not extend to, and does not purport to exclude liability for, any other loss or damage. It does not apply to significant personal injury caused by our reckless conduct (within the meaning of section 139A), and does not apply to any Non‑excludable Rights.

Treatments (massage and related services)

Treatments are not supplied as recreational services, and the consumer guarantees continue to apply to them. We do not exclude, and this section does not purport to exclude, liability for the Treatments except to the extent the law allows. Treatments are provided by independent Practitioners under section 9A below.

To the maximum extent permitted by law, and subject to your Non‑excludable Rights, you release the Released Parties from, and agree not to make any claim against them for, any death or personal injury arising from your use of the Wellness Facilities, except to the extent such liability cannot lawfully be excluded or arises from reckless conduct. Nothing in this section applies to any liability that section 139A does not permit to be excluded, or to your rights in respect of the Treatments.

Treatments are performed by independent Practitioners who are not our employees. Each Practitioner is responsible for the way their Treatment is performed and is required to hold their own professional indemnity and public‑liability insurance and any applicable professional registration. Where we take your booking or payment for a Treatment, we do so as part of arranging the Service, and the consumer guarantees apply to that supply to the extent required by law. You must disclose any relevant health condition to your Practitioner before a Treatment and follow their reasonable directions.

You agree to:

• follow all posted signs, rules and safety instructions at the Facility;
• shower before entering the Wellness Facilities and maintain appropriate hygiene;
• not use the Facility if you are unwell, intoxicated or affected by drugs;
• behave respectfully toward staff, Practitioners and other guests; and
• not consume alcohol before or during your use of the Wellness Facilities, and not bring your own alcohol to the Facility;
• supervise and take responsibility for any guest you book on behalf of.

We may refuse entry to, or require the immediate departure of, any person who appears unwell, intoxicated, or who breaches these rules or behaves unsafely, without refund.

You accept this Waiver when you create an account or make your first booking — in each case, before you use the Facility. We keep a record of your acceptance. This Waiver continues to apply to every visit you make unless and until we publish an updated version, which will apply to bookings made after it takes effect.

This Waiver is governed by the laws of Queensland, Australia, and you submit to the courts of that State.

Questions about this Waiver: info@raindayspa.com.au / 0432 908 081 / 9 Ormond Terrace, Indooroopilly QLD 4068.