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GUEST USER AGREEMENT, TERMS & CONDITIONS

This Agreement is between The Cocoon Room Melbourne Pty Ltd ACN 632 974 139 and its associated entities (“TCRM, Host, our or we”) of the first part, and you (“you or Guest”), being the person or persons using TCRM’s website (www.thecocoonroom.com.au) (“website”) or services, attending TCRM’s business premises at 406 Collins Street, Melbourne (“the Premises”) and/or purchasing any goods and/or services from TCRM (“Goods and Services”).

1. GUEST ETIQUETTE

a) You agree to switch off or silence electronic device/s in your possession or control prior to entering the Premises, and to keep the device/s silenced or turned off for the duration of your stay at the Premises, unless in the case of a genuine emergency.

b) You agree to check-in with your Host at the Premises’ Reception upon arrival, and to thoroughly sanitise your hands with the provided sanitiser.

c) If you arrive prior to your session’s designated start time, you agree to wait in Reception or on the balcony at the Premises, until directed by your Host to enter the Lounge.

d) If you arrive at the Premises more than 15 minutes after your Cocoon session’s designated start time, you may not partake in that session, however your Host will use reasonable endeavours to accommodate a make-up session, on the first three occasions that you are more than 15 minutes late. There is no guarantee that a make-up session will be available.

e) You agree to conduct yourself in a way that is not disruptive or offensive to others at the Premises.

f) You agree not to bring any food or beverages into the Premises.

g) You agree to remove your shoes once you are in your Cocoon unless it is unhygienic to do so. You must ensure that your foot coverings are clean. If in doubt, please leave your shoes on.

h) You warrant that you are over 16 years of age.

i) You agree to immediately follow any lawful direction of a Host, including but not limited to leaving the Premises, regardless of the reason provided by the Host.

2. GENERAL

a) You agree to be bound by TCRM’s Terms and Conditions (“Terms”) as outlined on the website and/or in the ‘Guest Profile & User Agreement’. TCRM reserves the right to vary the Terms at any time without giving prior notice.

b) You are responsible for all items or belongings that you bring onto the Premises. TCRM accepts no responsibility for those belongings including any damage, loss or theft. Any items left behind will be stored at TCRM’s sole and unfettered discretion.

c) TCRM may refuse entry to any Guest at its sole and unfettered discretion without warning or notice.

d) You agree to cover the cost of any fees, interest or charges that are incurred by TCRM, as a result of any disputed or failed bank transaction.

e) You agree that TCRM is not responsible or liable for any parking fines incurred while attending the Premises.

f) Save for normal wear and tear, you are liable to indemnify TCRM in relation to any damage to TCRM’s property caused by you or any person on whose behalf you have made a booking.

g) All pricing quoted includes GST and is in Australian Dollars unless stated otherwise.

h) You consent to TCRM using CCTV (Closed Circuit Television) in and around the Premises (excluding bathroom areas) and you acknowledge that you may be recorded. You agree to waive your rights under the Privacy Act 1988 and/or The Privacy and Data Protection Act 2014 (Vic) to the extent permitted by law.

3. GUEST HEALTH AND WELLBEING

To protect the health of staff and your fellow patrons, you must:

a) refrain from attending the Premises if you are feeling unwell or have been in close contact with someone who is unwell,

b) sanitise your hands with the provided sanitiser upon arrival,

c) adhere strictly to the State of Victoria’s current regulations in relation to COVID-19 from time to time,

d) seek professional support from a General Practitioner if you are in anyway concerned about your physical or mental health. Our Cocoon Sessions are designed to support Guests’ mental health via an opportunity to practice mindfulness, meditation and relaxation, however this does not constitute medical treatment or medical advice.

4. SESSION TIMES & OPENING HOURS

a) TCRM reserves the right to cancel or change the time or date of any Cocoon Session without notice.

b) In the case of a technical issue occurring during a Cocoon Session that is TCRM’s fault, we may ask you to reschedule another Session as a replacement for the interrupted Session, at no cost to you.

c) In the case of a technical issue occurring as a result of factors out of our control, eg power outage or frequency interference, OR excessive noise interruption, we will endeavour to reschedule your Session if possible.

d) TCRM is closed on all Victorian Public Holidays, plus Easter Week, Melbourne Cup Eve and over December/January for 4 weeks. Closure dates are listed on the website.

e) In an effort to sustain The Cocoon Room Melbourne through the easing of COVID-19 related restrictions, the opening hours and session times may differ to those on the website.

5. SESSION CANCELLATIONS

a) Payment in full is required prior to your Cocoon Session or Event (includes Retreats & Events).

b) Cocoon Session bookings can be made up to 45 days in advance.

c) Individual Cocoon Session bookings cancelled with less than 24 hours’ written notice, prior to the scheduled commencement Session time, will be marked as present and:

(i) Weekly Guest Members will forfeit their weekly visit for that week, however you may book another session that week at the discounted Weekly Guest Member rate.

(ii) Two, Twelve and/or One Hundred-Time Guest Pass holders will forfeit one of their visits.

(iii) Casual Guests will not be refunded the session fee.

For example: If you are a Weekly Guest Member and have booked a 5.00pm session on Tuesday and you cancel your session by 5.00 pm on the Monday prior, you do not forfeit your session, whereas if you cancel via the booking system on Monday from 5.01 pm or later, Acuity will mark you as present and your weekly visit will be recorded.

d) You acknowledge that:

(i) any forfeiture of a booking under this clause does not amount to a penalty and is reasonable in the circumstances.

(ii) our cancellation policy is in place to curb the monopolisation of peak session times and to ensure an equitable and fair booking system for our guests.

e) EVENTS & RETREAT booking cancellations/refunds are not possible and your purchase of a place in any of these is final. We have chosen to price the per person fee lower instead of inflating it to allow for cancellations. Spaces are limited to ensure a personalised and intimate experience. In the event of a Government imposed closure where the Event or Retreat is unable to proceed, you may request a refund, or if your situation allows for it, choose to support The Cocoon Room’s future viability by way of waiving a refund request.

6. GROUP BOOKINGS & CANCELLATIONS

“Group Bookings” are any of the following: Exclusive Use, Cleanse & Flow Session, Workshop & Masterclass or Space Hire.

a) A Group Booking is secured by payment in full on the day the booking is made.

b) A request for a particular Group Booking date can be held for you for up to 48 hours, after which it may be released.

c) The maximum number of attendees in a Group Booking is 18, and under current COVID 19 restrictions, is 15 unless otherwise stated.

d) All attendees are required to complete ‘Guest Profile and User Agreement’.

e) For all Group Bookings, the following conditions apply:

(i) In the event of a valid Group Booking cancellation made 3 days or more prior to the commencement of the booking date, and the cancellation is made in accordance with “6 e) iii)” – 50% of the booking’s value will be refunded.

(ii) In the event of a valid Group Booking cancellation where TCRM has been notified less than 3 days prior to the commencement of the booking date, 0% of the booking’s value will be refunded. In the case of a Government forced closure, the event date will be moved to another mutually agreed upon date.

For example: a Group Booking has been made for an Exclusive Use Session to be held on 10 July. If you decided to cancel the booking, in order to receive a 50% refund you must cancel your Group Booking by close of business on 7 July by telephone or in person.  If you cancel the Group Booking from 8 July onwards, you waive the full fee.

(iii) Any Group Booking cancellation must be made by telephone or in person during TCRM’s business hours. The refund amount will be confirmed by your Host over the phone. Cancellation requests via email or messages on Instagram or Facebook are not valid.

f) You acknowledge that:

(i) Any amounts payable to TCRM, or amounts that are not refunded to you under this clause do not amount to a penalty and are reasonable in the circumstances.

(ii) Revenue loss from cancelled Group Bookings significantly impacts TCRM’s ability to operate and, the non-refundable amounts are reasonable having regard to the difficulty in obtaining a replacement booking on short notice.

g) If you make a Group Booking, you warrant that:

(i) You are acting as agent for all persons in the group (“Co-Guests”) attending TCRM’s place of business and service.

(ii) You will use your best endeavours to ensure that each Co-Guest reads the Terms and agrees to be bound by the Agreement, as evidenced by the Co-Guest completing a ‘Guest Profile and User Agreement’.

7. MEMBERSHIPS

a) The Weekly Guest Membership (“WGM”), fee of $138 inc GST for 4 weeks or any replacement price that we offer or promote from time to time is calculated and charged via direct debit from your nominated bank account or credit/debit card in one instalment with the first instalment payable on the day of the WGM commencing, and subsequent instalments each 28 day anniversary from the WGM commencement date.

b) We use ‘Acuity’, an online booking platform and ‘Square’ is the default third-party payment gateway. Please ensure you read each company’s separate Terms and Conditions as they are entities unto themselves and we take no responsibility for your interactions with those entities. Hard copies are in reception for your reference.

c) You may assign your WGM visit for any week that you are unable to attend, to a third party (friend/colleague) to attend in place of yourself subject to our approval (which cannot be unreasonably withheld) and the assignee must notify reception and complete a ‘Guest Profile and User Agreement’.

d) A WGM ‘week’ includes 4 weekdays, Tue-Fri. The Cocoon Room Melbourne is closed on Mondays and currently also on Tuesdays until further notice.

e) You will not be charged the WGM fee over the Christmas/January Break or when the Premises are closed for an extended period of 5 days or more.

f) TCRM reserves the right to vary our fees and charges and the direct debit amount for the WGM. We will send you an email to the email address that you have provided us, at least one month prior to the change.

g) If your payments are in default, you will not be able to book a session.

h) Internet payments will present on your bank/credit card statements as the payment gateway, Square.

i) In the event of a declined payment due to insufficient funds, Square may charge your account a dishonour fee/s for any rejected payments due to insufficient funds. Please check Square’s Terms & Conditions. Your bank may also charge fees in the event of a declined attempt at payment and TCRM is not responsible for bank fees incurred in relation to a booking.

j) Multiple failed or rejected payments: We reserve the right to terminate direct debit Memberships for Guests who have multiple failed or rejected payments.

k) It is your responsibility to ensure that your contact and banking details are accurate and up to date.

l) If your credit card or bank account details change, please notify us at least four (4) business days prior to your next scheduled direct debit to avoid dishonour fees being triggered.

m) Credit card payments only: The name on your credit card must be the same as your booking name or the payment may be rejected.

o) A Weekly Guest Membership includes one 50 minute session per week (Tue-Fri). Members may book an additional session/s in the same week and pay only $30 per session.

8. WEEKLY GUEST MEMBERSHIP SUSPENSIONS

a) You may suspend your WGM for up to 2 weeks/10 weekdays each membership year. Suspensions will only be approved and processed once you notify us by email. A suspension can be taken as either a 1 week or 2 week block.

b) If you are unable to attend due to ongoing injury or illness you may apply for a Membership suspension for up to 4 consecutive weeks to be taken in 1 week blocks. Any application must be submitted in writing. A medical certificate is required in the case of a retrospective request.

c) Suspensions may affect the future date your bank account/credit card is debited /charged.

d) Direct Debit Membership suspensions require at least 7 days written notice prior to the next billing date. Retrospective requests cannot be processed.

9. WEEKLY GUEST MEMBERSHIP TERMINATIONS

a) Cancelling your WGM is possible by emailing hello@thecocoonroom.com.au, no less than 14 days before the next debit is due for processing. Messaging through Instagram/Facebook is not acceptable. A response from TCRM via email confirming your request to cancel your WGM should be received within 5 days. Should you not receive confirmation from us within 5 days, please assume we have not received your email and make contact with us via telephone during reception hours. This measure will ensure there is time to administer your request via the default payment gateway.

b) Refunds will be processed via EFT or bank transfer within 7 business days.

10. TWO-TIME /TWELVE-TIME /ONE HUNDRED-TIME GUEST PASSES

a) A Two-Time Guest Pass, entitles the purchaser to a maximum of two (2) separate 50 minute Cocoon Sessions and is subject to a 12 month expiry. A Complimentary Two-Time Guest Pass entitles the bearer to a maximum of two (2) separate 50 minute Cocoon Sessions and is subject to a 6 month expiry.

b) A Twelve-Time Guest Pass, entitles the bearer to a maximum of twelve (12) separate 50 minute Cocoon Sessions and is subject to an 18 month expiry.

c) A One Hundred-Time Guest Pass, entitles a company to a maximum of one hundred (100) separate 50 minute Cocoon Sessions and is subject to 24 month expiry.

d) For the sake of clarity, Guest Passes are not ‘Gift Vouchers’.

e) Two-Time and Twelve-Time Guest Passes are transferable to another person subject to TCRM’s consent which cannot be unreasonably withheld. Contact TCRM for instructions on how to administer a transfer.

f) Guest Passes cannot be returned, refunded or applied towards any other purchase.

11. CLUB MOMO

a) Club MoMo ‘Half-Day Sessions’ run from 9.00-1.00pm on the second Monday of each month.

b) The fee per half-day is $105 + GST.

c)  Payment for each Half-Day Session is required at time of booking to encourage a commitment to yourself.

d) Half-Day Sessions may be cancelled without penalty up to 10 days prior to the session date – no exceptions. This policy keeps the per Session fee low for all Members.

12. GUEST PERSONAL INFORMATION & PRIVACY

Guests’ ‘Personal Information’, as defined in the Privacy Act 1988, will be used expressly by The Cocoon Room Melbourne, Acuity or Square to manage your visits and/or membership and to help resolve any disputes.

13. LIMITATION OF LIABILITY

a) TCRM is not liable in any way howsoever arising under the Agreement to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism, state of emergency, or war. If an event of force majeure occurs, TCRM may suspend or terminate the Agreement by written notice to you.

b) Except as this Agreement and/or the Terms specifically state, or as contained in any express warranty provided in relation to the Goods and Services, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods and Services or any contractual remedy for their failure.

c) If you are a consumer nothing in this Agreement or the Terms restricts, limits or modifies the Customer’s rights or remedies against the Supplier for failure of a statutory guarantee under the Australian Consumer Law (“ACL”).

d) TCRM is not liable for any indirect or consequential losses or expenses suffered by you or any third party, howsoever caused, arising from or in relation to this Agreement or the Goods and Services, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL or at Law that cannot be contractually excluded.

e) You hereby acknowledge that:

(i) You have not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by TCRM in relation to the Goods and Services or their use or application.

(ii) You have not made known, either expressly or by implication, to TCRM any purpose for which you require the Goods and Services and you have the sole responsibility of satisfying yourself that the Goods and Services are suitable for you, and pose no health or safety risk to you.

f) Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.

14. WEBSITE USE & INTELLECTUAL PROPERTY

a) You agree that by accessing or using any part of www.thecocoonroom.com.au you will be deemed to have accepted this Agreement and the Terms. Please read them carefully before using the website.

b) Cookies: A cookie is a small file and holds a certain amount of data, which the website can send to your browser. It may then be stored on your computer’s hard drive and can be accessed by our web server. This cookie data may be retrieved and can allow the Facility to customise the web pages and services accordingly. Cookies do not collect any of your personal data stored on your hard drive or computer. You may choose to disable Cookies, however, should you choose to disable, reject or block our cookies, some parts of the website may not function fully, or in some cases, the website will not be accessible at all.

c) Links: You may not create links to the website without our prior written consent.

d) Viruses: TCRM is not liable for any viruses that may infect your computer equipment, software, data or other property as a result of using the website or any associated links to the website.

e) Reproduction: In any circumstance TCRM does not grant any person using the website any express or implied right to use any content in part or in full or to reproduce, modify, upload, transmit or distribute that content, or any of those trademarks or intellectual property.

f) All content included in or on the website (including, but not limited to, text, design, graphics, images, ideas and code and any arrangement of those things) is owned by or licensed to TCRM.

g) You agree to request TCRM’s written permission to reproduce, modify, upload, transmit or distribute that content, or any of those trademarks or intellectual property.

h) You may only view, print and download extracts from the website for your own personal use and not for commercial use. You do not have permission to copy, reproduce, republish, store in or on any public or private electronic retrieval system, up-load, post, communicate, transmit or distribute in any way any of the contents of the website for public or commercial purposes without TCRM’s prior written consent.

i) Copyright: Unless otherwise indicated, TCRM owns all copyright of the material on the website. All registered or unregistered trademarks used on the website are the property of their respective owners.

15. MISCELLANEOUS

a) The law of Victoria from time to time governs this Agreement and the Terms.

b) TCRM’s failure to enforce any aspect of this Agreement shall not be construed as a waiver of rights.

c) If a clause in this Agreement is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from Agreement, without affecting the enforceability of the remaining terms.