Terms & Conditions and Risk Warning (Victoria)

Terms & Conditions and Risk Warning (Victoria)

Mandatory warning under the Australian Consumer Law and Fair Trading Act 2012 (Vic)

Under the Australian Consumer Law (Victoria), certain statutory guarantees apply to the supply of goods and services. These guarantees require that recreational services supplied to you:

1. are provided with due care and skill;

2. are reasonably fit for any purpose you make known to the supplier; and

3. might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier may ask you to agree that these guarantees do not apply to your participation in recreational services. By signing/accepting these Terms, you agree that your rights to sue the supplier under that Act for death or personal injury arising from a failure to comply with these guarantees are excluded, restricted or modified as set out below.

Note: This change to your rights does not apply if your death or injury is due to the supplier’s gross negligence (as defined in regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Act).

Agreement to Terms

1. Exclusion of liability (to the extent permitted by law).You agree that Happy Melon, its directors, employees and instructors are not liable for death or personal injury suffered by you because the recreational services were not supplied with due care and skill or were not reasonably fit for their purpose, or due to negligence, breach of contract or statutory duty—except where caused by gross negligence.

2. Acknowledgement of risk.You acknowledge that recreational services involve inherent risks and hazards and that personal injury or death can occur. You voluntarily assume all such risks and waive any right to sue Happy Melon for injury or death arising from your participation in these services, subject to the gross-negligence exception above.

3. Health & participation.You confirm you are medically and physically able to participate and will follow staff instructions. Instructors may restrict your class type or decline participation if, in their reasonable opinion, it is unsafe or you lack required medical clearance.
4. Changes.Instructors and classes may change without notice. Fees may be updated from time to time to reflect increased costs. 

Cancellation Policy (Group Classes)

We understand unforeseen circumstances arise, but to be fair and consistent, no exceptions apply.

• Cancel ≥ 24 hours before your class: no fee.• Cancel < 24 hours or no-show: a $15 fee will be charged to your card/account on file. 

Purchase Policy

• Payment on booking: Payment is required at the time of booking any class or appointment.

• Gift cards: Redeemable for classes, memberships, appointments or products. Not redeemable for cash. 

Privacy Policy

• Your personal information (as defined in the Privacy Act 1988 (Cth)) will be used by Happy Melon only to provide services contemplated by these Terms and any Direct Debit Request. We will only disclose your information to third parties where required by law.
• No unauthorised recordings: You must not photograph or record other clients in the studio without their express consent.
• Use of images: You consent to Happy Melon using images of you in promotional materials, including social media. If you prefer not to be included, please notify us in writing prior to your session.