These Sauna Use Terms & Conditions (Sauna Terms) apply to all persons who access or use the Sauna facilities operated by Five Acres.

By entering or using the Sauna, you acknowledge and agree to these Sauna Terms.

Definitions

• Sauna means Five Acres’ sauna and any associated areas, fixtures and equipment (including benches, heating elements, doors, temperature controls, timers, showers and entry/exit areas).
• Staff means Five Acre’s employees, contractors and agents.
• Injury includes any injury, illness, medical event, aggravation of a pre-existing condition, or death.
• Loss includes loss, damage, costs, expense or liability (including legal costs on a full indemnity basis, where applicable).

Eligibility, Access and Hours

• Use of the Sauna is permitted only for:
  • registered guests of Five Acres; and/or
  • any other persons expressly authorised by the Five Acres,
    who have signed these Sauna Terms in advance of using the Sauna.
• Sauna users must be at least 16 years of age. Persons under 16 years are strictly prohibited from using the Sauna, regardless of parental consent.
• Operating hours, capacity limits, and booking requirements (if any) are as displayed at the Sauna and/or advised by Staff.
• Five Acres may refuse entry, suspend access, or require you to leave the Sauna area for safety, hygiene, operational, or compliance reasons.

Health, Medical Conditions and Fitness to Use

• You must only use the Sauna if you are medically and physically fit to do so.
• You must not use the Sauna if you:
  • are under the influence of alcohol, illicit drugs, or medications that may impair judgment, balance, thermoregulation or consciousness;
  • feel unwell, dizzy, faint, dehydrated, or have symptoms of heat stress;
  • have a condition that may increase risk, including but not limited to cardiovascular disease, uncontrolled high/low blood pressure, respiratory conditions, epilepsy, heat intolerance, or other conditions affected by heat exposure; or
  • have open wounds, contagious illness, or any condition that creates a hygiene or health risk for others.
• Pregnant users should not use the Sauna unless they have assessed the risks and are confident it is safe for them and, where appropriate, have obtained medical clearance.
• You must exit the Sauna immediately if you experience discomfort, dizziness, nausea, chest pain, palpitations, shortness of breath, or other concerning symptoms.

Safety Rules

You must comply with all signage and instructions given by Five Acres and its Staff. Without limitation, you must:

• follow posted temperature/time guidelines and take regular cooling breaks;
• keep hydrated before and after use of the Sauna;
• use the Sauna in a safe manner (no running, horseplay or unsafe conduct).
• always sit/lie on a towel at all times (hygiene requirement) and keep the area clean and dry;
• wear appropriate attire as specified by Five Acres policy/signage;
• not pour water, oils, or other substances on heating elements;
• not touch heating elements, sensors, vents, or electrical controls except as permitted;
• not bring glass, sharp objects, or hazardous items into the Sauna;
• not bring valuables into the Sauna;
• not use the Sauna alone if you are at increased risk, including where you have a medical condition, are inexperienced, or feel unwell;
• keep Sauna doors unobstructed and do not tamper with locks, emergency mechanisms, or safety devices; and
• comply with Sauna capacity limits.

Electrical Devices

The use of electrical devices in the Sauna is strictly prohibited. This includes:

• Mobile telephones;
• Laptops;
• Tablets, including iPads;
• Earphones/Headphones;
• Music devices, such as iPods;
• Massage devices; and
• Smartwatches.

Supervision and Duty to Follow Instructions

• The Sauna is not supervised. You use the Sauna entirely at your own risk.
• You must immediately comply with any reasonable direction from Staff relating to safety, hygiene, operations, guest amenity, or compliance with these Sauna Terms.
• Five Acres and/or its Staff may remove you from the Sauna area and terminate your accommodation if you:
  • breach these Sauna Terms;
  • act in a way that endangers yourself or others; or
  • cause damage or unreasonable disturbance.

Assumption of Risk

• You acknowledge that Sauna use involves inherent risks, including, without limitation, overheating, dehydration, fainting, slips/falls, burns, aggravation of existing medical conditions, and other injury.
• You voluntarily assume all inherent risks associated with using the Sauna,
  • including risks arising from:
  • elevated heat and humidity;
  • surfaces that may be hot;
  • wet or slippery floors; and
  • the conduct of other Sauna users.

Liability – Australian Consumer Law and Victorian Law

• Nothing in these Sauna Terms excludes, restricts or modifies any non-excludable right, guarantee or remedy you may have under the Australian Consumer Law or other applicable laws.
• To the maximum extent permitted by law, Five Acres and its Staff are not liable for any loss or injury you suffer in connection with your use of the Sauna, except where that loss or injury is caused by Five Acre’s (or its Staff) negligence, breach of statutory duty, or other conduct that cannot legally be excluded.

Release and Indemnity

• To the maximum extent permitted by law, you release Five Acres, its Staff, agents and contractors from and against all claims, demands, actions or proceedings arising from or connected with your use of the Sauna, including any claim for injury or loss, except to the extent caused by Five Acres’ negligence or other conduct that cannot be excluded by law.
• You fully indemnify Five Acres, its Staff, agents and contractors against any claim or loss suffered by them arising from or connected with:
  • your breach of these Sauna Terms;
  • your negligent, reckless, or wilful acts or omissions;
  • your failure to follow signage or Five Acres’ or Staff directions; or
  • any claim brought by a third party arising from your conduct in the Sauna area, except to the extent that Five Acres or its Staff caused or contributed to that Loss.

Damage and Cleaning Costs

• You are responsible for any damage you cause to the Sauna or surrounding facilities and accommodation, including through misuse, tampering, or introducing prohibited substances and indemnify Five Acres for any loss and damage.
• Five Acres may charge you for reasonable repair, replacement, and/or additional cleaning costs resulting from your breach of these Sauna Terms, to the extent permitted by law and consistent with Five Acres’ General Terms and Conditions.

Refusal of Service and Termination of Access

• Five Acres may suspend or cancel your access to the Sauna immediately if, in their reasonable opinion, you:
  • pose a safety risk;
  • are intoxicated or impaired;
  • fail to follow Five Acres’ Staff directions; or
  • breach these Sauna Terms.
• Suspension or termination of Sauna access does not affect any other rights Five Acres has under its General Terms and Conditions, your accommodation agreement, or at law. You agree that suspension or termination of Sauna access is not a valid ground for you to terminate your accommodation with Five Acres. Should you do so, Five Acres is not required to reimburse you or refund you for any unused accommodation costs.

Emergency

• In an emergency, follow emergency signage and Staff directions.
• If you observe an unsafe condition, notify Staff immediately.
• If you feel unwell, exit the Sauna immediately and seek assistance from Staff.

General

• Five Acres may update these Sauna Terms from time to time. The version displayed at the Sauna (and/or provided at reception) applies at the time of use.
• If a provision of these Sauna Terms is unlawful or unenforceable, it is severed and the remaining provisions continue in force.
• These Sauna Terms are governed by the laws of Victoria, Australia.
• If there is any inconsistency between these Sauna Terms and any mandatory legal requirement, the mandatory legal requirement prevails.

Acknowledgement and Acceptance

By entering and using the Sauna, you confirm that you:

• have read and understood these Sauna Terms;
• agree to comply with all signage and Staff instructions;
• accept the inherent risks of Sauna use; and
• understand that certain rights and remedies cannot be excluded under Australian law.