TERMS & CONDITIONS
(Liability Waiver)

1. Welcome

1.1 We are Kuuma Pty Ltd (ACN 646 147 784) as trustee for The Kuuma Trust (ABN 36 189 881 369), trading as ‘Kuuma’ (Kuuma, we, our, us).

1.2 We welcome you (you) to beautiful Southern Tasmania, to join us onboard the KUUMA Sauna Pontoon Boat (KUUMA) to reconnect with your mind and body, to find solace and relaxation in the warmth of our sauna (sauna).

1.3 By making a booking with us, joining us onboard KUUMA or using our sauna, you accept, agree to comply with and be bound by these Terms and Conditions, schedules, and any Kuuma policies, updated on our website, from time to time (Terms).

1.4 These Terms are designed to ensure that you understand your and our rights and responsibilities and enable a safe and enjoyable experience for all guests.

2. Children

2.1 To help us provide a relaxing and rejuvenating experience for all guests, children:

(a) aged 9 years and younger may not board KUUMA at any time; and

(b) aged 10 to 17 years may only attend private sauna sessions and are not permitted in communal sauna sessions.

2.2 During a private sauna session, children aged 10 to 17 years old must be accompanied by an adult at all times, with one adult supervising no more than four children each.

2.3 Unaccompanied children are not permitted to board KUUMA.

2.4 Children must be accompanied by an adult during their time aboard KUUMA, including during their use of the sauna.

2.5 Please note that private sessions accommodate for a group up to 10 people and a child counts as one person.

2.6 If a private session is booked and includes children, you accept these Terms, and our Children in Sauna Policy, on their behalf and are responsible for their health, safety, wellbeing and behaviour.

3. Conditions of Use

General

3.1 During your time with us, you agree to comply with these Conditions of Use and to board KUUMA and use the sauna at your own risk.

3.2 You acknowledge not to run, and to otherwise follow the instruction of the Skipper/Sauna Master at all times while aboard the KUUMA.

3.3 We require you to arrive at the jetty no less than 30 minutes prior to your booked session time. Arrival after your booked session time may result in a forfeited booking, at our sole discretion.

Medical

3.4 You must not use our sauna if you:

(a) suffer from high or low blood pressure or any heart or circulatory disorder;

(b) suffer from epilepsy or diabetes;

(d) are prone to dizziness or fainting.

3.5 If you have any health concerns regarding your sauna use, consult your doctor before making a booking with us.

3.6 We recommend keeping hydrated – drinking water before, during, and after sauna use. We provide you with a water fountain onboard KUUMA.

3.7 We suggest using the sauna in 3 rounds of 5, 10 and 15 minutes, respectively, and for no longer than 20 minutes at a time (Suggested Time). You are advised not to exceed the Suggested Time for sauna use, as overexposure may lead to dehydration or other health risks.

3.8 If you or a permitted child use the sea as a 'cold plunge', you should only do so if you are a capable swimmer and can handle being exposed to the cold temperatures and varying conditions of the sea.

3.9 You acknowledge and agree that Kuuma accepts no responsibility for any loss or damage arising from cold plunging or swimming, including but not limited to hypothermia, cold shock response, drowning, or injury.

Food and beverages

3.10 Food and non-alcoholic beverages may be consumed onboard KUUMA, outside the sauna.

3.11 Only water may be consumed in the sauna.

Drugs and alcohol

3.12 The consumption of illicit drugs and alcohol is strictly prohibited during your time with us.

3.13 Smoking and vaping are not permitted at any time on KUUMA.

3.14 Alcohol is not permitted at any time on KUUMA.

Attire

3.15 You are required to wear appropriate swimwear. Nudity is not permitted on KUUMA or in our sauna at any time.

3.16 Any hanging jewellery should be removed before entering the sauna to prevent burning.

Valuables and personal belongings

3.17 Valuables should not be brought onboard KUUMA. You acknowledge and agree that if valuables are brought onboard KUUMA, there is a risk that these valuables may be lost (onboard or overboard) or damaged.

3.18 You acknowledge and agree that Kuuma is not responsible or liable for any loss or damage to valuables during your time with us.

3.19 For your convenience and due to limited storage space onboard, we suggest bringing only essential items in a closable bag. You can then leave your bag under the bench seat or hang it on a robe hook located next to the staircase.

Sauna etiquette and use

3.20 While in our sauna, you agree to:

(a) sit on a towel at all times;

(b) respect the experience of others;

(d) refrain from consuming food or beverages (other than water).

3.21 Phones, cameras and video recording equipment are not allowed inside our sauna.

3.22 While using our sauna, you agree to:

(a) gently pour or drizzle, and not dump, the water onto the sauna stove;

(b) only pour the provided 'sauna water' on the hot rocks and nothing else;

(d) not load the firebox of the heater at any time, only Kuuma staff members are permitted to manage the fire.

3.23 You agree to follow our directions and instruction during your time with us, particularly regarding matters of security, health and safety.

4. Reservation of rights

4.1 We reserve the right to:

(a) refuse admission to board KUUMA or access to our sauna for any reason; and

(b) remove you and any children accompanying you for any breach of these Terms, at our sole discretion.

5. Payments

5.1 Our Fees are set out in the Services Schedule below and may be updated from time to time.

5.2 You will pay for your Services via our online booking platform, before boarding KUUMA.

5.3 You agree to pay for your Services in accordance with the terms and by the methods set out on our booking platform, as updated from time to time.

5.4 Our Services are a taxable supply and are subject to Goods and Services Tax (GST), under A New Tax System (Goods and Services Tax) Act 1999 and all associated legislation.

5.5 Unless otherwise stated, all Fees are expressed inclusive of GST. You agree to pay GST of 10% inclusive of our Fees, at the time of purchase.

5.6 You agree to pay any third-party payment processing fee (including any GST) at the time of purchase.

6. Cancellations and reschedules

By you

6.1 If you need to cancel or reschedule, you can do so directly via your account on our website or by contacting us by email.

6.2 Cancellations and rescheduled bookings will be handled in accordance with the amount of written notice you provide us ahead of your booking, either via your account or by email, as follows:

More than 48 hours notice

(a) (cancellation): you can request a full refund; or

(b) (reschedule): you can request an alternative available time slot within the booking calendar (directly, via your account; or we can arrange a time via email).

Less than 48 hours notice (but more than 24 hours notice)

(d) (reschedule): you can request an alternative available time slot within the booking calendar (directly, via your account; or we can arrange a time via email).

Less than 24 hours notice

(e) No refund or reschedule is available.

By us

6.3 We reserve the right to cancel or reschedule any journey on KUUMA and/or sauna session due to unforeseen circumstances, including but not limited to KUUMA mechanical issues or weather conditions. If conditions are not safe, your session will be cancelled with as much notice as possible.

6.4 If we cancel your session, we will notify you by email. We will make reasonable efforts to reschedule the session at a convenient time. If rescheduling is not possible, we will provide a refund or credit equal to the Fees you have paid.

6.5 We do our very best to meet our commitments to you, but we need you to acknowledge that given the nature of our service, there are certain elements that are beyond our control that may impact your experience and your ability to enjoy our services.

6.6 We reserve the right the vary the sailing route or anchoring location(s) at any time due to any unforeseen circumstances, weather, or other reasons that the Skipper/Sauna Master may deem appropriate or required.

7. Refunds

7.1 Refunds will be provided for cancellations made in accordance with clause 6 and our Cancellation Policy.

7.2 Refunds will not be offered to anyone who is:

(a) refused admission;

(b) removed from the KUUMA due to a suspected or actual breach of these Terms; or

8. Indemnity

8.1 You agree to indemnify Kuuma for any loss (including legal fees) or damage suffered by Kuuma arising out of or in connection with your time with us, to the fullest extent permitted by law. This indemnity includes to cover the cost of any damage to property or people and any costs arising out of delays.

8.2 Notwithstanding the above, subject to any law, you agree that Kuuma’s maximum liability to you will be to the value of the Fees paid to us.

9. Liability

9.1 As consideration for the entry aboard KUUMA and use of our sauna facilities, you release and discharge Kuuma and its employees, from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss (including legal fees), damage, injury, or death that may occur during your time with us.

10. Severability

10.1 If any clause/s in these terms aren’t enforceable or are invalid under any applicable law, such unenforceability or invalidity, this does not make these Terms unenforceable or invalid, as a whole. Any unenforceable or invalid provisions can be deleted without affecting the remaining provisions in these Terms.

11. Law & Jurisdiction

11.1 These Terms are governed by and interpreted in accordance with the laws of the State of Victoria, Australia. You submit to the state and federal courts located in the State of Victoria, Australia for the resolution of any disputes.

SERVICES SCHEDULE

ITEMS / SERVICES	COMMUNAL SESSION	PRIVATE SESSION
PRICE (including GST)	$70.00 (per person)	$560.00 (for up to 10 persons; each child counts a 1 person)
AGES	18+	18+ (10-17, when supervised)
DURATION	90 minutes	90 minutes

TERMS & CONDITIONS (Liability Waiver)