Client services agreement.
Service terms, membership conditions, treatment acknowledgements, and client responsibilities.
Element Health Centres
Client Services Agreement
Element Health Centres Client Services Agreement
In these Terms, when we say you or your, we mean the individual receiving our Services. When we say we, us, or our, we mean OBH VENTURES PTY LTD T/A Element Health Centres (ACN 670 942 686). We and you are each a Party to these Terms, and together, the Parties.
These Terms form our contract with you and sets out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.
For questions about these Terms, or to get in touch with us, please email: admin@elementcentre.com.au
These Terms were last updated on 5th June 2026.
OUR DISCLOSURES
Please read these Terms carefully before you accept. We draw your attention to:
● our privacy policy (on our website) which sets out how we will handle your personal information; and
● clause 9 (Liability) which sets out exclusions and limitations to our liability under these Terms.
A minimum period applies to these Terms, during which, you will not be able to terminate these Terms for convenience, and if you do, you are liable to pay us a fee;
These Terms do not intend to limit your rights and remedies at Law, including any of your Consumer Law Rights.
1.
1.1
Engagement and Term
These Terms apply from the Commencement Date until the date that is the earlier of:
(a)
(b)
(c)
the date set out in the Proposal;
the date the Services are completed (as reasonably determined by us); or
the date on which these Terms are terminated,
(Term)
2.
Services
2.1 We provide a range of wellness, recovery and health optimisation services, including but not limited to
hyperbaric oxygen therapy, red light therapy, sauna therapy, cryotherapy, theta chamber services and other services offered by us from time to time.
2.2
2.3
2.4
You may select the Services you are after on our Site or in person at our clinic.
All variations to the Services must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instructions or directions from you constitute a variation to the scope of the Services or our obligations under these Terms, then we will not be obliged to comply with such instructions or directions unless agreed in accordance with this clause.
Notwithstanding clause 2.1, you agree that we may vary the Services or the Price at any time, by providing 30 days’ written notice to you (Variation Notice Period). If you do not agree to any amendment made to the Services or Price, you may, before the end of the Variation Notice Period, terminate these Terms by giving us 30 days’ notice in writing, in which case, the proposed variation will not come into effect and clause 10.4 will apply.
2.5 Membership Services:
(a) We offer various membership tiers (Membership Services) which provide you with a weekly allocation of
credits (Membership Credits) that can be used to access our Services. The available membership tiers are:
(1) Silver Membership - $140.00 per week – 8 Membership Credits per week; (2) Gold Membership - $195.00 per week – 12 Membership Credits per week; (3) Platinum Membership - $340.00 per week – 22 Membership Credits per week; (4) Platinum Elite Membership - $560.00 per week – 40 Membership Credits per week; and
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(b) Membership Credits means the credits allocated to you under any Membership Services which may be used to
access Services in accordance with our published credit requirements from time to time.
(c) Membership Credits are allocated to your account at the start of each billing cycle. Unused Membership Credits will roll over but must be used within 60 days of the date of issue, after which they will automatically expire.
(d)
Expired Membership Credits will not be reinstated upon termination of your Membership Services.
(e) Where you have selected Membership Services, a minimum period of 12 weeks applies from the
Commencement Date (Minimum Membership Period), during which you cannot terminate the Membership Services for convenience.
(f)
(g)
Following expiry of the Minimum Membership Period, Membership Services will automatically continue on an ongoing week-to-week basis unless and until terminated in accordance with these Terms.
You may terminate your Membership Services at any time after the Minimum Membership Period by providing at least 14 days' written notice.
(h) Membership Services entitle you to member benefits including discounted pricing, exclusive member deals with 10% discount on products and testing services, early access to sales, birthday benefits, and access to member- exclusive competitions.
(i)
(j)
(k)
Membership Services may be used at any of our clinic locations, subject to availability of specific Services at each location.
You may book, reschedule, or cancel appointments for Services through your online account on our Site.
Appointment Cancellations and Missed Appointments
We understand that circumstances may arise which require appointments to be cancelled or rescheduled. To allow us the opportunity to accommodate other clients, we require a minimum of 24 business hours' notice for any cancellation or rescheduling request.
Where less than 24 business hours' notice is provided, where a client fails to attend a scheduled appointment, or where a client arrives late and we are unable to provide the full scheduled Service, Element reserves the right to charge the full value of the scheduled Service, including by deducting the applicable Membership Credits, voucher, package session, protocol session, credit pack credits or other payment associated with that appointment.
Element may, in its absolute discretion, waive cancellation fees or reinstate Membership Credits, vouchers, credit pack credits or sessions in exceptional circumstances.
(l)
Membership Freeze
Membership Services may be frozen for a minimum period of 2 consecutive weeks and a maximum total of 12 weeks in any calendar year, subject to this clause.
No individual freeze period may exceed 8 consecutive weeks, unless otherwise approved by us in writing.
Membership freeze requests must be submitted to us prior to the commencement of the requested freeze period. We do not permit retrospective freezes and will not backdate any freeze request under any circumstances.
No freeze of Membership Services is permitted during the initial 12-week Minimum Membership Period, except where approved by us pursuant to the medical freeze provisions contained in this clause.
During any approved freeze period:
(i) membership payments will be suspended;
(ii)
no Membership Credits will accrue or be allocated;
(iii)
any existing Membership Credits will remain available for use in accordance with these Terms; and
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(iv)
the expiry of any existing Membership Credits will be suspended during the approved freeze period and will recommence upon reactivation of the Membership Services.
(v)
At the conclusion of the approved freeze period, Membership Services will automatically recommence, and regular membership payments will resume.
(vi) We may, in our absolute discretion, approve additional freeze periods beyond the limits set out in this clause
where exceptional circumstances exist.
(vii) Separate medical freeze arrangements may be considered where a Member is unable to access the Services due to illness, injury, surgery, hospitalisation, pregnancy-related complications or other significant medical circumstances. Any medical freeze request may require supporting information reasonably requested by us, which may include a medical certificate or letter from a registered health practitioner, and will be assessed on a case-by-case basis.
(viii) Any period during which a Membership is frozen pursuant to an approved medical freeze during the Minimum
Membership Period will not count towards the Minimum Membership Period. The Minimum Membership Period will be extended by the duration of the approved medical freeze.
(ix) We reserve the right to approve or refuse any freeze request that does not comply with this clause.
(m) Membership Sharing
Certain Membership Services may permit the Member to nominate additional authorised users to access Membership Credits associated with the Membership. Gold and Platinum Memberships may include up to one (1) additional authorised family member, partner or friend. Platinum Elite Memberships may include up to two (2) additional authorised family members, partners or friends. All authorised users must be approved and registered with Element prior to using any Membership Credits. The Member remains responsible for all Membership Credits used by any authorised user associated with their Membership. Membership sharing rights are personal to the Member and may not otherwise be assigned, transferred, sold or exchanged without our prior written approval. The authorised user must remain the same individual unless otherwise approved by Element.
2.6
Protocol Services
(a)
(b)
(c)
(d)
(e)
Protocols and protocol sessions are personal to the individual for whom they are purchased and are not transferable, assignable, refundable or redeemable for cash.
Element may, in its absolute discretion, approve the transfer of unused protocol sessions in exceptional circumstances. Any such approval must be provided in writing and may be subject to conditions determined by Element.
Protocols, packages and credit packs do not constitute memberships and do not create any ongoing entitlement to Membership Services or Membership Credits unless expressly stated by Element in writing.
Element may modify, substitute, reschedule or adjust any protocol recommendation, treatment frequency or combination of Services during the course of a protocol where Element reasonably considers it appropriate having regard to the client's goals, progress, feedback, safety, availability of Services or operational requirements.
Credit Packs remain valid for 12 months from the date of purchase unless otherwise stated in writing by Element. Any unused credits remaining after the expiry date will automatically expire and will not be refundable, except where required by law.
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Client Services Agreement
2.7
Right to Refuse or Discontinue Services
Element reserves the right to refuse, postpone, modify or discontinue any Service where, in our reasonable opinion:
(a) the Service may be unsuitable for the client; (b) the client has not disclosed relevant health information; (c) the client is unable to safely participate in the Service; (d) the client fails to follow staff instructions or safety procedures; (e) providing the Service may pose a risk to the client, staff members or other clients; or (f) we reasonably consider it necessary to do so for health, safety, operational or clinical reasons.
Any such decision made in the interests of safety will not constitute a breach of these Terms.
3.
Your Obligations
3.1 You agree to (and, to the extent applicable, ensure that your Personnel agree to):
(a) (b)
(c)
3.2
4.
4.1
comply with these Terms, all applicable Laws, and our reasonable requests; provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services; and not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent.
You agree to pay our additional costs reasonably incurred as a result of your failure to comply with clause 3.1.
Price and Payment
In consideration for us providing the Services, you agree to pay all amounts due under these Terms in accordance with the Payment Terms.
4.2 Where you have selected Membership Services, you agree to pay the applicable weekly membership fee in
advance.
4.3
Failed Membership Payments
Where a membership payment is declined, dishonoured or otherwise unsuccessful, we may suspend Membership Services and access to Membership Credits until all outstanding amounts have been paid in full.
Membership Credits will not accrue during any period of suspension arising from non-payment.
4.4
4.5
(a)
(b)
We reserve the right to recover any unpaid membership fees and associated recovery costs in accordance with these Terms.
Your Membership Credits will be allocated to your account every 7 days from the Commencement Date.
If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at Law):
after a period of 5 Business Days from the relevant due date, cease providing the Services, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and/or
charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms.
4.6 When applicable, GST payable will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges. “GST” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
5.
Health Disclosure and Client Acknowledgements
Element Health Centres
Client Services Agreement
5.1
You acknowledge and agree that:
(a)
Element Health Centres provides wellness, recovery and health optimisation services and is not a medical practice, hospital or emergency healthcare provider;
(b)
our Services are not intended to diagnose, treat, cure or prevent any disease, illness or medical condition;
(c)
individual responses to our Services vary and no guarantee of any particular outcome or result is provided;
(d)
5.2
5.3
you are responsible for determining whether our Services are appropriate for your individual circumstances and for obtaining independent medical advice where required.
You warrant that all health information, medical history and other information provided to us is true, accurate and complete to the best of your knowledge.
You agree to immediately notify us of any change in your health status, medical condition, medications, diagnosis, pregnancy status or any other circumstance which may affect your ability to safely participate in the Services.
5.4
We may require you to obtain medical clearance from a suitably qualified health practitioner before participating in any Service.
5.5 We reserve the right to refuse, suspend, modify or discontinue any Service where we reasonably believe that
participation may present a risk to your health or safety or the health or safety of any other person.
5.6 You agree to follow all instructions, directions, policies, procedures and safety requirements provided by
6
(a)
(b)
Element and its staff in connection with the Services.
Confidential Information
Subject to clause (b), each Party must (and must ensure that its Personnel) keep confidential, and not use (except to perform its obligations under these Terms) or permit any unauthorised use of, information provided by the other Party, including information about these Terms and the other Party’s business and operations.
Clause (a) does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause (a).
(c)
This clause 6 will survive the termination of these Terms.
7
(a)
Privacy
If you are required to provide us with Personal Information so that we can provide the Services, you agree to comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth), and any other applicable Laws relating to privacy (Privacy Laws).
(b) Without limiting this clause 7, you must ensure that:
i.
ii.
you have collected, used, stored and otherwise dealt with Personal Information in accordance with all Privacy Laws; and
we are capable of collecting, using, storing and otherwise dealing with Personal Information, in the manner contemplated by these Terms, without infringing any third party rights or violating any Privacy Laws.
(c) Without limiting this clause 7, you agree to only disclose Personal Information to us if:
i.
ii.
you are authorised by the Privacy Laws to collect the Personal Information and to use or disclose it in the manner required by these Terms; and
you have informed the individual to whom the Personal Information relates, that their Personal Information will be disclosed to us.
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(d) We agree to handle any Personal Information you provide to us, solely for the purpose of performing our
obligations under these Terms, and in accordance with any applicable Laws.
8
(a)
(b)
Australian Consumer Law
Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in these Terms excludes those Consumer Law Rights.
Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.
(c)
This clause 0 will survive the termination or expiry of these Terms.
9
Liability
9.1 Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by
Law:
(a) (b)
(c)
(d)
(e)
10.
neither Party will be liable for Consequential Loss; Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates.
This clause 9 will survive the termination or expiry of these Terms.
Termination
10.1 You may not terminate Membership Services for convenience during the Minimum Membership Period.
10.2 Subject to your Consumer Law Rights, if you attempt to terminate Membership Services during the Minimum Membership Period, you remain liable to pay all membership fees for the remainder of the Minimum Membership Period.
10.3 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a)
the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b)
the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.
10.4 Upon expiry or termination of these Terms:
(a) we will immediately cease providing the Services; (b) without limiting and subject to your Consumer Law Rights, any payments made by you to us for Services
already performed are not refundable to you;
(c) you are to pay for all Services provided prior to termination, including Services which have been
provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms;
(d) where these Terms are terminated by us as a result of your breach of these Terms, you agree to pay our reasonable additional costs arising directly from such termination, including recovery fees and debt collection costs; and
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(e) we may retain your documents and information (including copies) to the extent required by Law or
pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 6.
10.5 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
10.6 Clauses 6, 7, 8, 9, 10.4, 11.3 and any other provisions which by their nature are intended to survive termination
will survive the termination or expiry of these Terms.
11.
General
11.1 Amendment: Subject to clauses 2.1 and 2.4, these Terms may only be amended by written instrument executed
by the Parties.
11.2 Assignment: Subject to clause 11.3, a Party must not assign, novate or deal with the whole or any part of its
rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
11.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in
connection with these Terms, to a debt collector, debt collection agency, or other third party.
11.4 Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre.
11.5 Subject to any rights which cannot be excluded under the Australian Consumer Law, all purchases of
Membership Services, protocols, packages, credit packs, gift vouchers, gift cards and individual sessions are final and non-refundable. Membership fees, protocol payments, package payments, credit packs, gift vouchers, gift cards and unused sessions are not refundable for change of mind, non-attendance, relocation, travel, illness, injury or any other reason, except where required by law. Any approved exception shall be entirely at Element's discretion and does not create any obligation for Element to provide similar exceptions in the future.
11.6 Relationship With Other Policies
To the extent of any inconsistency between these Terms and any information published on our website, booking platform, promotional material, price list, membership guide, protocol guide or other client communications, these Terms will prevail unless expressly stated otherwise in writing by Element. Nothing in this clause limits any rights which cannot be excluded under the Australian Consumer Law.
11.7 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under
these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:
(a)
as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and
(b)
uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.
11.8 Governing Law: These Terms are governed by the laws of Western Australia. Each Party irrevocably and
unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
11.9 Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
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11.10 Publicity: Element may refer generally to the types of Services it provides in its marketing and promotional
materials. However, Element will not identify a client, publish a testimonial, photograph, video, case study or disclose personal information relating to a client without that client's prior consent.
11.11 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or
agency relationship between the Parties.
11.12 Subcontracting: We may subcontract the provision of any part of the Services without your prior written
consent. We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.
11.13 Element Intellectual Property
All intellectual property rights in Element's branding, logos, website content, protocols, educational materials, documents, systems and processes remain the property of Element. Nothing in these Terms transfers any intellectual property rights to you.
12. Definitions
In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the Proposal; and:
Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.
Business Day means a day on which banks are open for general banking business in Perth, Western Australia, excluding Saturdays, Sundays and public holidays.
Commencement Date means the date that is the earlier of:
(a)
(b)
(c)
the date that you accept the Proposal;
the date that you ask us to begin supplying the Services; or
the date that you make part or full payment of the Price.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the Price and any other amounts payable under these Terms will not constitute “Consequential Loss”.
Consumer Law Rights has the meaning given in clause 8(a).
Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
Membership Credits means the credits allocated to you under any Membership Services which may be used to access our Services in accordance with our published credit requirements from time to time.
Membership Services means the membership subscription services we offer as set out in clause 2.5, providing weekly allocations of Membership Credits and associated member benefits.
Payment Terms means the timings for payment of the Price and any other amounts payable under these Terms, as set out in the Site or the Proposal;
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Personal Information means information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.
Price means the price set out in the Site or Proposal, as adjusted in accordance with these Terms.
Proposal means the document to which these Terms are attached or incorporated.
Services means the services set out in the Site or Proposal, as adjusted in accordance with these Terms.
Site means our website, available here www.elementcentre.com.au
Terms means these terms and conditions and any documents attached to, or referred to in, each of them.