Terms and Conditions & Assumption of Risk

Deep South Contrast (Pty) Ltd

Trading as: Contrast
Registration Number: 2026/057397/07
Address: Imhoff Farm, Kommetjie Road, Kommetjie, Cape Town, Western Cape
Effective Date: 2026/02/18
Version: 1.0

1. ACCEPTANCE OF TERMS

1.1 These Terms and Conditions (“Terms”) govern your use of the sauna and cold plunge facilities (“the Facilities”) operated by Deep South Contrast (Pty) Ltd (“Contrast”, “we”, “us”, or “our”) at Imhoff Farm, Kommetjie, Cape Town.

1.2 By creating an account on our website or platform, you (“the Participant”, “you”, or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms.

1.3 You must accept these Terms during account registration before you can book or access the Facilities. If you do not agree to these Terms, you may not create an account, book sessions, or use our services.

1.4 Once accepted during registration, these Terms remain in effect for all future bookings and visits until terminated in accordance with these Terms.

1.5 These Terms constitute a binding legal agreement between you and Deep South Contrast (Pty) Ltd.

2. DEFINITIONS

2.1 “Contrast Therapy” means the practice of alternating exposure to heat (sauna) and cold (plunge pool) as offered at the Facilities.

2.2 “Session” means a 30-minute booking period during which you have access to the Facilities.

2.3 “Participant” means any person who books, accesses, or uses the Facilities, whether as an individual or as part of a group booking.

2.4 “Minor” means any person under the age of 18 years.

3. HEALTH DECLARATION AND ASSUMPTION OF RISK

3.1 Acknowledgment of Physical Activity

You acknowledge that contrast therapy is a physically demanding activity that places stress on the cardiovascular, respiratory, and nervous systems. It involves exposure to extreme temperatures that may not be suitable for all individuals.

3.2 Medical Conditions – Contraindications

Before each session, you are required to conduct your own self-assessment against the following contraindications. Contrast does not collect or store medical information via its website. By accepting these Terms, you declare that you have read the following list carefully and confirm either (a) that none of these conditions apply to you, or (b) that you have obtained medical clearance from a qualified medical practitioner to participate in contrast therapy notwithstanding any applicable condition:

Cardiovascular disease, heart conditions, or history of heart attack or stroke
High or low blood pressure (hypertension or hypotension)
Pregnancy or suspected pregnancy
Respiratory conditions (asthma, COPD, etc.)
Epilepsy or seizure disorders
Diabetes
Kidney or liver disease
Raynaud’s disease or other circulatory disorders
Recent surgery or injury
Skin conditions or open wounds
Fever or acute illness
Claustrophobia or panic disorders
Any condition that affects your ability to regulate body temperature
Any other serious medical condition

3.3 Medications and Substances

You confirm that you are not under the influence of alcohol, recreational drugs, or any medications that may impair judgment, affect heart rate, blood pressure, or your body’s ability to regulate temperature.

3.4 Physical Fitness

You confirm that you are in good physical health and fitness, and believe yourself capable of participating in contrast therapy without undue risk to your health or safety.

3.5 Medical Consultation

You acknowledge that Contrast strongly recommends consulting with a qualified medical practitioner before participating in contrast therapy, particularly if you have any health concerns or pre-existing medical conditions.

3.6 Assumption of Risk

You acknowledge and accept that participation in contrast therapy involves inherent risks, including but not limited to:

Dizziness, fainting, or loss of consciousness
Cardiovascular stress or cardiac events
Hypothermia or hyperthermia
Dehydration
Slips, trips, and falls on wet surfaces
Thermal shock
Exacerbation of pre-existing medical conditions
In rare cases, serious injury or death

You voluntarily assume all such risks and agree to participate at your own risk.

3.7 Duty to Update Health Information

You acknowledge that your self-assessment of suitability to participate is ongoing. Before each session, you are required to reassess yourself against the contraindications listed in Section 3.2. If your health status has changed since your last visit in any way that may affect your safe participation, you must not participate until you have obtained appropriate medical clearance. Continued booking and use of the Facilities constitutes confirmation of your current self-assessment.

4. RELEASE OF LIABILITY AND INDEMNITY

4.1 Release and Waiver

To the fullest extent permitted by South African law, you hereby release, waive, discharge, and covenant not to sue Deep South Contrast (Pty) Ltd, its directors, officers, employees, agents, contractors, and representatives (“the Released Parties”) from any and all liability, claims, demands, actions, or causes of action arising out of or related to:

Any loss, damage, injury, or death that you may sustain while using the Facilities or participating in contrast therapy
Any loss, damage, or theft of personal property
Any failure or malfunction of equipment
The actions or omissions of other participants

whether caused by the negligence of the Released Parties or otherwise, except to the extent such liability cannot be excluded by law.

4.2 Indemnification

You agree to indemnify and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including legal fees) arising out of or related to:

Your breach of these Terms
Your use of the Facilities
Your violation of any law or regulation
Any injury or damage caused by you to other participants or third parties

4.3 Limitation under Consumer Protection Act

Nothing in these Terms shall be construed to exclude or limit liability for:

Death or personal injury caused by gross negligence
Fraud or fraudulent misrepresentation
Any liability that cannot be excluded or limited under the Consumer Protection Act, 2008 (Act 68 of 2008)

5. BOOKING AND PAYMENT

5.1 Account Registration and Booking Requirements

You must create an account before making your first booking
During registration, you must read and confirm your self-assessment against the health contraindications and accept these Terms
All bookings must be made through our website or authorized booking platform
Payment must be received in full at the time of booking
You must be at least 16 years of age to create an account and participate
Minors aged 16-17 require parental or guardian consent and must be accompanied by a responsible adult
Once your account is created and Terms are accepted, you may book multiple sessions without re-accepting Terms unless they are updated (you will be notified of material changes)

5.2 Pricing

Prices are quoted in South African Rand (ZAR)
All prices include VAT at the applicable rate
We reserve the right to change prices at any time, but changes will not affect bookings already confirmed

5.3 Cancellation and Refund Policy

Cancellations by Participant:

Cancellations made more than 24 hours before the scheduled session: Full refund
Cancellations made less than 24 hours, but more than 12 hours before the scheduled session: No refund (50% credit note issued for future use, valid for 6 months)
Cancellations made less than 12 hours before the scheduled session: No refund or credit
No-shows: No refund or credit

Cancellations by Contrast:

If we cancel your session for any reason, you will receive a full refund or the option to reschedule
We reserve the right to cancel sessions due to maintenance, weather conditions, safety concerns, or force majeure events

5.4 Rescheduling

Sessions may be rescheduled up to 24 hours before the scheduled time without penalty
Rescheduling requests made less than 24 hours before the session are subject to availability and may incur the cancellation policy above

5.5 Package Bookings

Multi-session packages are valid for 12 months from date of purchase
Package sessions are non-transferable
Unused package sessions are non-refundable after 12 months

5.6 Group Bookings

A group booking is a booking made by one registered account holder (“the Group Organiser”) on behalf of two or more participants.
Individual Account Holders: Where co-participants hold registered Contrast accounts and have accepted these Terms, the Group Organiser may add them to a group booking. Each such participant’s existing acceptance of these Terms applies to the group session.
Non-Registered Co-Participants: Where the Group Organiser is booking on behalf of participants who do not hold a Contrast account, the Group Organiser, by completing the group booking, represents and warrants that:
- They have actual authority to agree to these Terms on behalf of each non-registered co-participant;
- They have communicated the full content of these Terms and Conditions — including the health self-assessment requirements in Section 3 — to each co-participant prior to completing the booking;
- Each co-participant has read, understood, and agreed to be bound by these Terms, including the release of liability and assumption of risk in Section 4;
- Each co-participant has completed their own self-assessment against the contraindications listed in Section 3.2 and confirms their suitability to participate; and
- The Group Organiser accepts personal liability for any claim arising from a co-participant’s failure to have read or agreed to these Terms, where the Group Organiser has provided an inaccurate representation above.
Upon arrival, non-registered co-participants will be required to confirm verbally or via a check-in declaration that they have read and accept these Terms. Contrast reserves the right to refuse entry to any participant who is unable to confirm acceptance.
Contrast recommends that all participants, including those in group bookings, create individual accounts prior to their first session to ensure their acceptance is properly recorded.

6. FACILITY RULES AND CONDUCT

6.1 Arrival and Check-in

Participants must arrive at least 5 minutes before their scheduled session
Late arrivals may result in reduced session time, with no extension or refund
Check-in requires presentation of booking confirmation and valid identification

6.2 Hygiene Requirements

All participants must shower before entering the sauna or plunge pool
Appropriate swimwear must be worn at all times
Towels must be used when sitting in the sauna
No lotions, oils, or cosmetics may be worn in the sauna or plunge pool

6.3 Safety Guidelines

Follow all posted safety instructions and signage
Do not exceed recommended time limits (typically 15-20 minutes in sauna, 1-5 minutes in cold plunge)
Exit the sauna or plunge immediately if you feel unwell, dizzy, or experience discomfort
Do not use the Facilities alone; ensure staff or other participants are present
Children under 16 are not permitted to use the Facilities under any circumstances
Minors aged 16-17 must be supervised by an adult at all times

6.4 Prohibited Behavior

The following behaviors are strictly prohibited and may result in immediate removal without refund:

Use of alcohol or drugs on the premises
Smoking or vaping in or near the Facilities
Loud, disruptive, or aggressive behavior
Photography or video recording without prior written consent
Bringing glass containers into the Facilities
Leaving belongings unattended
Any behavior that endangers yourself or others

6.5 Capacity Limits

Maximum 6 participants per session
We reserve the right to enforce capacity limits for safety reasons

6.6 Equipment and Property

The Facilities and all equipment remain the property of Contrast
Participants are responsible for any damage caused by their negligence or misuse
Do not adjust sauna temperature or other equipment settings without staff permission

7. PERSONAL BELONGINGS

7.1 Storage

Lockers or designated storage areas are provided for personal belongings
Participants are responsible for securing their own belongings

7.2 Loss or Damage

Contrast is not liable for loss, theft, or damage to personal property
We recommend leaving valuables at home or secured in your vehicle
Contrast does not provide insurance for personal belongings

8. PRIVACY AND DATA PROTECTION

8.1 POPI Act Compliance

We collect and process personal information in accordance with the Protection of Personal Information Act, 2013 (Act 4 of 2013) (“POPI Act”).

8.2 Information Collected

Contrast does not collect nor store health or medical information. Participants are solely responsible for self-assessing their suitability to participate in contrast therapy prior to each session. Booking and participation constitutes confirmation of the participant’s own self-assessment as described in Section 3.

8.3 Purpose of Processing

Your personal information is processed for the following purposes:

Managing bookings and providing services
Ensuring health and safety compliance
Communicating with you about your bookings
Complying with legal obligations
Improving our services

8.4 Data Security

We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, loss, or destruction.

8.5 Your Rights

Under the POPI Act, you have the right to:

Access your personal information
Correct inaccurate information
Object to processing
Request deletion of your information (subject to legal retention requirements)

To exercise these rights, contact us at [INSERT EMAIL].

8.6 Data Retention

Booking and payment records are retained for 7 years for tax compliance
You may request deletion after these periods

8.7 Full Privacy Policy

Our complete Privacy Policy is available at [INSERT WEBSITE]/privacy and forms part of these Terms.

9. INTELLECTUAL PROPERTY

9.1 Ownership

All content on our website and at the Facilities, including text, graphics, logos, images, and software, is the property of Contrast or its licensors and is protected by South African and international copyright laws.

9.2 Photography and Media

By using the Facilities, you consent to being photographed or filmed for promotional purposes unless you explicitly opt out in writing
If you do not wish to be photographed, please inform staff upon arrival
We reserve the right to use images and testimonials for marketing purposes

10. FORCE MAJEURE

10.1 Events Beyond Our Control

Contrast shall not be liable for failure to perform obligations under these Terms due to events beyond our reasonable control, including but not limited to:

Natural disasters (fire, flood, earthquake, etc.)
Extreme weather conditions
Power failures or equipment breakdown
Government restrictions or regulations
Pandemics or public health emergencies
Civil unrest or war

10.2 Remedies

In the event of force majeure, we will offer rescheduling or a refund at our discretion.

11. MINORS

11.1 Age Restrictions

Participants must be at least 16 years of age
Participants aged 16-17 must have written parental/guardian consent
Participants aged 16-17 must be accompanied by a responsible adult during sessions

11.2 Parental Consent

If you are booking on behalf of a minor, you confirm that:

You are the parent or legal guardian
You have authority to agree to these Terms on behalf of the minor
You accept full responsibility for the minor’s health, safety, and conduct
You assume all risks on behalf of the minor

12. TERMINATION AND SUSPENSION

12.1 Right to Refuse Service

We reserve the right to refuse service or terminate access to the Facilities at any time if:

You breach these Terms
You pose a health or safety risk to yourself or others
Your behavior is disruptive or inappropriate
You provide false or misleading information

12.2 No Refund

Termination or suspension for breach of these Terms does not entitle you to a refund.

13. ACCOUNT MANAGEMENT

13.1 Account Creation

You must provide accurate and complete information during registration
You are responsible for maintaining the confidentiality of your account credentials
You must notify us immediately of any unauthorized use of your account

13.2 Account Security

You are responsible for all activities that occur under your account
Do not share your account credentials with others
Use a strong, unique password

13.3 Updating Information

You must keep your contact information current
You can update your information at any time through your account settings
We may request verification of updated information

13.4 Account Closure

You may close your account at any time by contacting us. Upon closure:

Any unused prepaid sessions may be refunded on a pro-rata basis (subject to our refund policy)
Your personal data will be handled according to our data retention policy
Outstanding balances must be settled before closure

13.5 Account Suspension by Contrast

We may suspend or close your account if:

You breach these Terms
You provide false information
Your account is used fraudulently
You engage in behavior that endangers others

14. GOVERNING LAW AND JURISDICTION

14.1 South African Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

14.2 Jurisdiction

You irrevocably submit to the non-exclusive jurisdiction of the South African courts in respect of any dispute arising out of or in connection with these Terms.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Contrast regarding use of the Facilities.

15.2 Amendments

We reserve the right to modify these Terms at any time. When we make material changes:

We will notify you via email to your registered email address
The updated Terms will be posted on our website with the effective date
You will be required to review and accept the updated Terms before making your next booking
Continued use of the Facilities after accepting updated Terms constitutes acceptance of the modifications
If you do not accept updated Terms, you may not make future bookings, but any prepaid bookings made under previous Terms will be honored

15.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.4 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15.5 Assignment

You may not assign or transfer your rights under these Terms. Contrast may assign these Terms without notice.

15.6 Notices

All notices must be sent to:

Deep South Contrast (Pty) Ltd
Imhoff Farm, Kommetjie Road, Kommetjie, Cape Town
Email: [INSERT EMAIL]
Phone: [INSERT PHONE]

16. ACKNOWLEDGMENT AND ACCEPTANCE

16.1 Electronic Acceptance During Registration

By checking the box and completing account registration, you acknowledge that:

You have read and understood these Terms and Conditions in their entirety
You have had the opportunity to seek independent legal advice
You voluntarily agree to be bound by these Terms for this registration and all future bookings
You understand the risks involved in contrast therapy
You release Contrast from liability as set out in these Terms
Your electronic acceptance constitutes a legally binding signature
This acceptance remains valid for all bookings until you close your account or Terms are materially updated

16.2 Declaration

By completing registration, the Participant acknowledges and confirms that:

I have conducted my own self-assessment against the health contraindications in Section 3.2 and confirm my suitability to participate.
I understand the nature and risks of contrast therapy
I am voluntarily participating in contrast therapy at my own risk
I release and indemnify Contrast as set out in these Terms
I agree to comply with all facility rules and staff instructions
I consent to the processing of my personal information as described
I will reassess my suitability to participate before each session and will not participate if my health circumstances have changed in a way that may affect safe participation
If registering on behalf of a minor, I have parental authority and assume all responsibility
This acceptance applies to all bookings I make through this account

By completing registration, you electronically sign and agree to these Terms and Conditions.

16.3 Record Keeping

Your acceptance is recorded with:

Date and time of acceptance
IP address from which acceptance was made
Version of Terms accepted
Account email address

This information is retained for legal and safety purposes.

EMERGENCY CONTACT INFORMATION

In case of emergency, we will attempt to contact:

Name: [Collected during booking]
Relationship: [Collected during booking]
Phone Number: [Collected during booking]

Document Prepared in Compliance With:

Consumer Protection Act, 2008 (Act 68 of 2008)
Protection of Personal Information Act, 2013 (Act 4 of 2013)
Electronic Communications and Transactions Act, 2002 (Act 25 of 2002)
Occupational Health and Safety Act, 1993 (Act 85 of 1993)