PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS IMPORTANT TERMS GOVERNING YOUR RIGHTS AND RESPONSIBILITIES.
This Guest Agreement (“Agreement”) is entered into by and between The Effervescence LLC, an Oregon limited liability company doing business as Flux Lounge (“Flux Lounge,” “we,” or “us”), located at 70 SW Century Drive, Suite 145, Bend, Oregon 97702, and the individual executing this Agreement (“Guest” or “you”).
By entering the premises, purchasing a drop-in session (whether purchased online or in person), making a reservation, purchasing a membership or package, or otherwise using Flux Lounge’s services, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement. This Agreement applies to all guests, including walk-in drop-ins, prepaid drop-ins, package holders, private-lounge guests, and members.
Flux Lounge provides hydrotherapy, contrast therapy, breathwork, and related wellness and recreational services, and makes its pools, lounges, and facilities available for soaking and social use (collectively, the “Services”). The Services are delivered through drop-in visits, private-lounge reservations, prepaid multi-visit packages, and monthly memberships. The Services also include food and beverage service, live music, classes, instructional programming and other events, access to services offered on the premises by independent third-party practitioners, and any additional wellness, recreational, or hospitality service Flux Lounge may offer from time to time. Flux Lounge may add, change, or discontinue any Service at its discretion, and this Agreement applies to each Service offered whether or not it is specifically named in this Section.
Access is subject to availability and operational policies. Membership benefits apply solely to the Social Lounge; private lounges must be reserved separately.
Membership tiers provide Social Lounge visits at the frequency posted on our website. Memberships renew monthly until canceled by Guest in accordance with Section 2. Packages (prepaid bundles of individual visits) are subject to the number of visits, expiration period, and other terms specified at the time of purchase. Each membership tier and each package is governed by the specific terms disclosed to Guest at the time of purchase or enrollment (“Plan Terms”), including the visit frequency or number of visits included, the price, any promotional pricing, and any minimum commitment period. The Plan Terms are incorporated into and made part of this Agreement by reference. If the Plan Terms for a specific membership or package conflict with this Agreement, the Plan Terms control solely as to pricing, minimum commitment, and renewal of that membership or package; all other provisions of this Agreement continue to apply in full.
All guests, whether members, package holders, or drop-ins, must follow facility rules. Flux Lounge may deny or revoke access to any guest who fails to comply with facility policies or staff instructions, without refund or credit.
By providing payment information, you authorize Flux Lounge to charge your payment method for all fees and incidental charges. You must keep billing details current. Failed payments may result in suspended access or late fees; unpaid balances over 30 days may be referred to collections.
Memberships without a stated minimum commitment period may be canceled at any time, effective at the end of the then-current billing cycle; no refunds or credits are issued for the unused portion of that cycle. Memberships purchased subject to a stated minimum commitment period (for example, a promotional membership requiring a three (3)-month minimum) may be canceled by Guest at any time; however, unless the applicable Plan Terms state otherwise, Guest remains responsible for all payments scheduled through the end of the minimum commitment period, and Flux Lounge will continue to charge Guest’s payment method on file for those payments regardless of the cancellation date. Cancellation of a membership subject to a minimum commitment period takes effect, for purposes of stopping further renewal, at the conclusion of that minimum commitment period. Packages are non-refundable and non-cancelable once purchased, except as otherwise stated in the applicable Plan Terms, and unused visits expire as specified in those Plan Terms. Under Oregon law, a new membership may be canceled within three (3) business days of purchase for a full refund.
All reservations, whether for the Social Lounge or the Private Lounge, must be canceled or rescheduled at least twenty-four (24) hours before the scheduled start time. A reservation canceled or rescheduled with less than twenty-four (24) hours’ notice, and any reservation for which Guest fails to appear (a “no-show”), will be treated as used in full: Flux Lounge will charge Guest’s payment method on file the full published price of the reserved session, and, for members, the reservation will also count as a completed visit against Guest’s monthly allotment. This charge is consideration for the reserved capacity Flux Lounge held for Guest and was unable to resell on short notice, and not a penalty.
Late arrival of 10 minutes or more may shorten or result in forfeiture of the session without refund or credit, at Flux Lounge’s discretion. Overstays incur a charge of $20 per 10-minute increment (or part thereof) beyond the reserved time, charged to Guest’s payment method on file.
Flux Lounge may close, shorten, or reschedule sessions for maintenance, safety, or weather. If a session is shortened or canceled by Flux Lounge for these reasons, Flux Lounge will, at its discretion, issue a service credit or rebook the session. Cash refunds are not offered.
Guests must:
Flux Lounge does not provide lifeguard services. Guests use the pools at their own risk and are responsible for monitoring their own tolerance to heat and cold, limiting session duration accordingly, and exiting immediately if they feel unwell. Guests are encouraged not to use the pools alone.
Extraordinary cleaning incidents (for example, bodily fluids in pools) will incur a minimum $500 sanitation fee or the actual cost of remediation, whichever is greater.
Flux Lounge maintains sanitation and water-quality protocols consistent with industry standards and applicable Oregon regulation, but cannot guarantee a disease-free environment.
Flux Lounge serves beer and wine under a license issued by the Oregon Liquor and Cannabis Commission, and serves hemp-derived beverages under a license issued by the Oregon Department of Agriculture. Beverage service is subject to the following conditions, which Guest agrees to observe:
(a) Guest must be twenty-one (21) years of age or older to be served any alcoholic or hemp-derived beverage, and must present valid government-issued identification on request. Flux Lounge verifies age by visual inspection and may refuse service to any Guest who cannot produce identification.
(b) Alcoholic beverages are not served to a Guest before that Guest’s first entry into the pools. A Guest may be served no more than two (2) alcoholic beverages during any visit in which the Guest uses the pools. Following a Guest’s final exit from the pools, further service is available at Flux Lounge’s sole discretion.
(c) Beverages in the pool areas are served in unbreakable drinkware. Guest may not bring glass or any breakable container into a pool area and may not place any beverage in the water.
(d) Flux Lounge may refuse or discontinue beverage service to any Guest at any time, in its sole discretion, including where staff determine that further service would be inconsistent with the safety of the Guest or of others, or where service would be inconsistent with Oregon law. Refusal or discontinuation of service is not grounds for a refund, credit, or adjustment of any fee.
(e) Guest may not bring outside food or beverages, including alcoholic beverages, onto the premises, and may not furnish any alcoholic or hemp-derived beverage served by Flux Lounge to any other person, and in particular may not furnish either to a person under twenty-one (21) years of age.
(f) Hemp-derived beverages served by Flux Lounge are non-intoxicating and are not marijuana products. They are nonetheless served only to Guests twenty-one (21) years of age or older.
Guest acknowledges that consuming alcohol in connection with hot water immersion, cold immersion, or contrast therapy meaningfully increases the risk of dehydration, impaired judgment and coordination, dizziness, fainting, falls, and drowning, and that immersion in heated water can accelerate the effects of alcohol. Guest agrees to disclose to staff any medication or medical condition that may interact with alcohol or with heat or cold exposure, and to exit the pools and notify staff immediately upon feeling unwell.
Massage, bodywork, breathwork, and other wellness services offered on the premises are provided by independent practitioners who are not employees or agents of Flux Lounge. Each practitioner is independently licensed or certified and is solely responsible for their own services, their own professional qualifications, and their own professional liability insurance.
Where Guest books or pays for a practitioner’s services through Flux Lounge’s booking system, Flux Lounge acts solely as a booking and payment convenience for the practitioner and the Guest. That arrangement does not make the practitioner an employee, agent, partner, or joint venturer of Flux Lounge, and does not make Flux Lounge responsible for the practitioner’s services. Guest’s agreement for those services is with the practitioner directly.
Flux Lounge does not supervise, direct, or control the manner or means by which a practitioner performs their services, and makes no representation or warranty concerning any practitioner’s licensure, qualifications, methods, or results. To the fullest extent permitted by law, Flux Lounge is not liable for any act, omission, injury, or loss arising from a third-party practitioner’s services, and Guest agrees to direct any claim arising from those services to the practitioner.
A participant under eighteen (18) years of age may book or receive practitioner services only where their parent or legal guardian has executed the Flux Lounge Minor Participant Waiver, which includes consent to those services. Each practitioner is responsible for observing whatever conditions their licensing board and their insurer require when providing services to a person under eighteen (18), including any requirement of parental presence or consent. Flux Lounge does not set, monitor, or enforce those conditions, and a parent or guardian should confirm them with the practitioner directly.
Flux Lounge may make breathwork sessions, classes, and other instructional programming available on the premises. These are led by independent practitioners as described in Section 6. Breathwork sessions may take place in the pools.
Participation is voluntary. Guest may decline to participate, or stop at any time, without forfeiting the remainder of their session.
Guest agrees to disclose to the session leader, before participating, any of the following: pregnancy; epilepsy or any seizure disorder; cardiovascular disease, uncontrolled high blood pressure, or a history of stroke or aneurysm; glaucoma or retinal detachment; recent surgery; or any psychiatric condition, including panic disorder, post-traumatic stress disorder, or a history of psychosis or dissociation. Guest further agrees to exit the water, and notify the session leader, upon any sensation of lightheadedness, dizziness, tingling, visual change, or distress.
Guest acknowledges that breathing exercises can cause dizziness, lightheadedness, tingling, muscle spasm, emotional release, and fainting; that these effects can occur more readily during immersion in heated water because of lowered blood pressure; that fainting while in water can result in drowning; that holding the breath or submerging the head after breathing exercises substantially increases the risk of losing consciousness without warning, which in water can result in drowning; and that cold water immersion triggers an involuntary gasp reflex that can cause inhalation of water.
Flux Lounge is not a medical provider and does not provide medical advice. Guest is responsible for deciding whether participation is appropriate for them, and participates voluntarily and at their own risk. Flux Lounge or the session leader may decline to permit any person to participate, and may end any person’s participation at any time.
Flux Lounge may host live music, DJ sets, classes, and other programming. During these events the premises may be more crowded, lighting may be reduced, and sound levels may be elevated. Programming is subject to change or cancellation without notice. Where an event is included with general admission, its cancellation does not entitle Guest to a refund of the admission or session fee.
Guests must be at least eighteen (18) years old to purchase Services, make a reservation, or hold a payment account with Flux Lounge. A participant who is at least fourteen (14) years of age may hold a profile linked to a parent or legal guardian’s account, but may not purchase Services or make reservations in their own right.
A participant who is at least fourteen (14) years of age may use the hydrotherapy pools where a parent or legal guardian has executed the Flux Lounge Minor Participant Waiver and holds the account under which the reservation is made. Practitioner services and breathwork are available to participants under eighteen (18) on the terms stated in Section 6. Alcoholic and hemp-derived beverages are served only to Guests twenty-one (21) years of age or older, as stated in Section 5. Flux Lounge may require proof of age and of guardianship.
You affirm that you are in suitable health for contrast therapy and the other Services you choose to use. Risks include elevated heart rate, cold exposure, dehydration, dizziness, fainting, drowning, and slips. Consult a physician if uncertain. Use facilities only to the extent that feels safe and comfortable, and exit immediately if you experience discomfort, dizziness, or distress.
You must separately sign the Flux Lounge Liability Waiver, or, for a participant under eighteen (18), the Flux Lounge Minor Participant Waiver, before first use. Refusal to sign will result in denial of service.
Guests must promptly inform Flux Lounge staff of any injury, illness, unsafe condition, or concern observed on the premises. Notification may be made in person to a Host or by email to info@flux-lounge.com. Failure to report an incident on the day it occurs may limit available remedies.
To the fullest extent permitted by law, Flux Lounge’s total liability for any claim arising out of or relating to your use of the Services shall not exceed the total amount you have paid to Flux Lounge for Services during the twelve (12) months immediately preceding the event giving rise to the claim. Flux Lounge shall not be liable for any indirect, consequential, incidental, special, or punitive damages, even if advised of the possibility of such damages. This limitation does not apply to the extent a claim arises from Flux Lounge’s gross negligence or willful misconduct, and applies only to the extent permitted by law. This limitation applies regardless of legal theory and survives termination of this Agreement.
We strive to resolve disputes informally. If a dispute cannot be resolved within sixty (60) days of written notice, it shall be settled exclusively by binding individual arbitration in Deschutes County, Oregon, pursuant to the rules of the American Arbitration Association. Written notice of a dispute must describe the nature of the claim and the relief sought and must be sent to Flux Lounge at the address listed in the preamble or to info@flux-lounge.com. You and Flux Lounge agree that any dispute resolution proceeding shall be conducted only on an individual basis and not in any class, collective, consolidated, or representative action, and each party waives any right to a jury trial to the fullest extent permitted by law. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
This Agreement is governed by the laws of the State of Oregon, without regard to conflict-of-law principles.
This Agreement, together with the Terms of Service, Liability Waiver, Minor Participant Waiver where applicable, Privacy Policy, and any Plan Terms applicable to Guest’s specific membership or package, constitutes the entire agreement between you and Flux Lounge with respect to access, memberships, packages, reservations, and payment obligations. If this Agreement conflicts with the Terms of Service, either Waiver, or the Privacy Policy, the more specific document controls as to its particular subject matter, as follows: (a) risk assumption and liability release are governed by the applicable Waiver; (b) use of our website and digital accounts is governed by the Terms of Service; and (c) data handling is governed by the Privacy Policy.
If any provision of this Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Flux Lounge’s failure to enforce any provision of this Agreement is not a waiver of its right to do so later. Guest may not assign or transfer this Agreement or any rights under it without Flux Lounge’s prior written consent; Flux Lounge may assign this Agreement without consent in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets.
Your electronic signature has the same legal effect as a handwritten signature and signifies your acceptance of this Agreement and all referenced policies.
