Terms & Conditions

Dual-jurisdiction Terms of Service for Sauna Guus: a legal research guide

Sauna Guus faces a fundamental legal tension at the core of its Terms of Service: New York and UK law take opposing approaches to the liability waivers that are most critical for a heat-therapy business. In New York, General Obligations Law §5-326 voids negligence waivers for fee-charging recreational facilities — yet allows assumption-of-inherent-risk clauses. In the UK, the Consumer Rights Act 2015 §65 absolutely prohibits excluding liability for death or personal injury from negligence, and declares that a consumer is not taken to have "voluntarily accepted any risk" merely by agreeing to a waiver term. These differences make a unified ToS impractical. The recommended approach — used by AIRE Ancient Baths, Peloton, and Airbnb — is either separate jurisdiction-specific documents or a single document with clearly segmented US and UK sections. Below is a comprehensive breakdown of every critical area.

New York law blocks negligence waivers but permits assumption-of-risk clauses

The single most consequential statute for Sauna Guus's US operations is NY General Obligations Law §5-326, which declares void "as against public policy" any agreement exempting the owner of a "pool, gymnasium, place of amusement or recreation, or similar establishment" from liability for negligence where the user pays a fee. A sauna charging admission almost certainly qualifies as a "similar establishment." Case law reinforces this: in Lee v. Brooklyn Boulders (2017), a paid climbing gym's waiver was voided under §5-326, and in Leftow v. Kutsher's Country Club, a country club's hold-harmless clause met the same fate.

However, Sauna Guus can and should deploy an assumption-of-inherent-risk acknowledgment. Under New York's primary assumption of risk doctrine — rooted in Murphy v. Steeplechase Amusement Co. (250 NY 479, 1929) — participants who voluntarily engage in activities with known inherent risks may be barred from recovering for injuries flowing from those specific risks, as distinct from the operator's negligence. The ToS should list every inherent risk of saunagus sessions: heat exhaustion, dehydration, burns, cardiovascular stress, allergic reactions to essential oils, slip-and-fall on wet surfaces, and dizziness. This does not waive negligence liability but establishes the customer's informed consent to inherent dangers.

For online agreement enforceability, the NY Court of Appeals in Wu v. Uber Technologies, Inc. (2024) upheld clickwrap agreements as binding — a case of first impression at the state's highest court. Sauna Guus should implement a clickwrap mechanism requiring users to check an "I agree" box with a conspicuous hyperlink to the ToS, placed near the booking or checkout button. Browsewrap agreements (terms accessible only via a footer link) are generally unenforceable against individual consumers in New York.

UK law absolutely bars death and injury exclusions but allows risk acknowledgments

Under CRA 2015 §65(1), a trader cannot exclude or restrict liability for death or personal injury resulting from negligence in a consumer contract. "Negligence" explicitly includes breach of the implied term of reasonable care and skill (§49), common law duty of care, and the common duty of care under the Occupiers' Liability Act 1957 — all directly relevant to a sauna premises. Crucially, §65(2) states that a consumer is not taken to have voluntarily accepted any risk merely because they agreed to or knew about a term or notice purporting to exclude liability. This means US-style "use at your own risk" disclaimers carry no legal weight in the UK.

What Sauna Guus can do in the UK is structure health disclaimers as informed consent acknowledgments rather than liability exclusions. Require users to confirm they have read the health warnings, declare they are not suffering from contraindicated conditions, and agree to follow safety instructions. This serves a dual purpose: genuine customer safety and building a contributory-negligence defense. For property damage and pure economic loss (not death or personal injury), limitation clauses are permissible but must pass the fairness test under §62 — the term must not cause "a significant imbalance in the parties' rights and obligations to the detriment of the consumer, contrary to the requirement of good faith."

The CRA 2015 also mandates that services be performed with reasonable care and skill (§49) — a term that cannot be excluded. The ToS should explicitly state: "Nothing in these terms affects your statutory rights as a consumer, including your right to receive services performed with reasonable care and skill." The Consumer Contracts Regulations 2013 provide a 14-day cooling-off period for distance contracts, but Regulation 28(1)(h) exempts "services related to leisure activities" booked for a specific date or period — saunagus sessions booked for a particular date and time clearly qualify. However, this exemption does not cover punchcard purchases without a specific date attached, meaning the 14-day right likely applies to punchcard sales.

London sauna operations also require a Special Treatment Licence under the London Local Authorities Act 1991, Part II, §4, which classifies saunas as "establishments for special treatment." Operating without one is a criminal offence.

Punchcards trigger gift card laws in New York and fairness rules in the UK

Prepaid punchcards are a regulatory minefield that differs sharply between jurisdictions.

In New York, GBS §396-i governs gift certificates. Punchcards sold at face value (e.g., 10 sessions for 10 times the single-session price) likely qualify as gift certificates, triggering strict requirements: a minimum expiration period of 9 years from issuance, no dormancy or service fees, clear disclosure of all terms on the card or account, and cash redemption for balances under $5 upon request. However, if punchcards are structured as a prepaid discount program (e.g., 10 sessions for the price of 8), the statute explicitly exempts "prepaid discount cards or programs" used to purchase identified services at below-normal prices, provided any expiration date is "clearly and conspicuously disclosed." This exemption creates a strong incentive to structure punchcards as discount bundles. Additionally, the NY Abandoned Property Law §1315 requires unredeemed gift certificates to be reported to the State Comptroller after 5 years of inactivity, and prepaid amounts for services not rendered become abandoned property after 3 years.

In the UK, there is no specific statute governing gift voucher or punchcard expiry. Instead, the CRA 2015 fairness test applies. An unreasonably short expiry (e.g., under 6 months) risks being challenged as an unfair term. The UK Government has "strongly encouraged" businesses to stipulate at least 2 years (Hansard, Lords debate, January 2020). Industry practice typically ranges from 12 to 24 months. Punchcards redeemable only at Sauna Guus locations almost certainly qualify for the limited network exclusion under the Electronic Money Regulations 2011, meaning they would not be regulated as e-money — though transactions exceeding €1 million in any 12-month period trigger an FCA notification requirement.

The ToS should clearly state for both jurisdictions that punchcards have no cash value, are non-transferable, and specify the expiry period with prominent disclosure at point of purchase.

Health disclaimers must cover specific contraindications for heat therapy

Analysis of waivers from Othership, Cedar & Steam, The Outdoor Sauna (UK), AIRE Ancient Baths, and WellCome OM Center reveals a consistent set of contraindications that Sauna Guus should incorporate:

• Absolute contraindications (do not use): pregnancy, hemophilia, active fever, heat insensitivity
• Conditions requiring physician consultation: cardiovascular disease (hypertension, hypotension, congestive heart failure), diabetes with neuropathy, Parkinson's disease, multiple sclerosis, central nervous system tumors, pacemakers or defibrillators, metal or silicone implants, recent joint injuries (within 48 hours), chronic inflammatory conditions
• Medication warnings: prescription medications including diuretics, barbiturates, and beta-blockers may impair heat-loss mechanisms; antihistamines may increase heat-stroke risk
• Behavioral restrictions: no alcohol or drugs before or during sessions (Othership operates an "alcohol-free facility"); must hydrate before and after; mandatory shower before entry
• Time and exit protocols: maximum session duration, mandatory exit if experiencing nausea, dizziness, discomfort, or sleepiness

For the saunagus-specific ritual involving essential oils and towel waving, additional disclosures should cover allergic reactions to essential oils and the intensified heat exposure during the aufguss (towel-waving) phase. The ToS should require users to complete a health declaration before their first session, confirming they do not have contraindicated conditions. This declaration serves as evidence of informed consent in both jurisdictions and supports a contributory-negligence defense in the event of injury.

Stripe requires transparent refund disclosure and merchant-of-record clarity

Stripe's Services Agreement imposes specific obligations that must be reflected in the ToS. Merchants must maintain and make available a fair and neutral refund and exchange policy and clearly explain the refund process. Stripe also requires that the merchant of record — Sauna Guus, not Stripe — be clearly identified as the party responsible for goods, services, refunds, and customer support. Stripe may be referenced as the payment processor per its Marks Usage Terms, but not in a way that implies Stripe is the seller.

For dispute handling, a critical nuance applies to booking-based businesses: the chargeback window for future services starts on the event date, not the payment date. This means Sauna Guus faces a longer effective dispute exposure period. The ToS should encourage customers to contact Sauna Guus directly before initiating chargebacks, though this cannot override cardholders' rights under the US Fair Credit Billing Act or UK Consumer Rights Act.

Stripe Checkout supports displaying Terms of Service links and can require customers to accept terms before paying via a checkbox, with acceptance tracked in the Session object. Sauna Guus should enable this feature to create a clear record of ToS acceptance at the point of purchase.

The "free cancellation up to 24 hours, no refunds after" policy is generally permissible in New York for services, provided it is clearly disclosed before purchase. GBS §218-a requires conspicuous posting of refund policies both in physical establishments and online (as of the August 2025 amendments). For the UK, this policy must be assessed under the CRA 2015 fairness test — a 48-hour cancellation policy (as used by AIRE Ancient Baths) may be more defensible, though 24 hours is not inherently unfair if clearly communicated.

Governing law demands a bifurcated approach with separate dispute resolution

Companies operating across the US-UK divide consistently use one of two structural approaches. AIRE Ancient Baths — the closest comparable business (sauna/bath experiences in both New York and London) — maintains completely separate ToS documents per location, with different entity names, governing law clauses, and VAT disclosures. Peloton similarly maintains separate US and UK ToS, with the US version governed by California law and including mandatory arbitration, while the UK version is governed by English law with no mandatory arbitration. Airbnb takes the same approach with region-specific documents.

For Sauna Guus, the recommended structure:

• US users: Governed by the laws of the State of New York. Include binding individual arbitration with a class-action waiver (standard practice per Equinox, Othership, and Airbnb). Require a 30-day informal dispute resolution period before arbitration. Carve out small claims court actions and IP infringement claims. Include a jury trial waiver.
• UK users: Governed by the laws of England and Wales (not "UK law" — the correct formulation per Pinsent Masons guidance). Submit to the non-exclusive jurisdiction of English courts. Do not mandate arbitration — the CMA treats mandatory pre-dispute arbitration clauses as potentially unfair in consumer contracts. Encourage mediation as a first step. Include an explicit acknowledgment: "Nothing in these terms limits your statutory rights."

There is no treaty between the US and UK requiring either country to honor the other's court judgments, which further supports maintaining separate governing-law structures.

Achievement and gamification systems need clear no-value disclaimers

Analysis of loyalty and gamification programs from Strava, Equinox, Tide Rewards, and Accor Hotels reveals consistent best-practice clauses for Sauna Guus's achievement system:

• No monetary value: "Achievements have no monetary value and cannot be exchanged for cash, credit, or any other form of compensation." Equinox states that complimentary items "have no cash value and are non-refundable, non-transferable and non-descendible."
• Right to modify or terminate: Reserve the right to modify achievement criteria, add or remove achievements, alter the system, or terminate the program entirely. Tide Rewards' clause is representative: "SPONSOR RESERVE THE RIGHT TO MODIFY OR TERMINATE THE LOYALTY PROGRAM AT ANY TIME… EVEN THOUGH SUCH CHANGES MAY AFFECT THE REDEMPTION VALUE OF POINTS ALREADY ACCUMULATED." For UK users, however, unilateral modification rights sit on the CRA 2015 grey list and should include a valid reason for changes and preserve the user's right to exit.
• Forfeiture on termination: Achievements may be forfeited upon account termination, whether voluntary or for cause.
• Non-transferable: Achievements are personal to the user's account and cannot be shared, sold, or bartered.
• Fraud and abuse: Reserve the right to revoke achievements obtained through manipulation, fraud, or violation of the ToS.

Force majeure and modification clauses differ fundamentally across jurisdictions

English law has no common law doctrine of force majeure — it exists only as a contractual term and must be expressly defined. A clause merely referencing "the usual force majeure clauses" was held void for uncertainty in British Electrical and Associated Industries v Patley Pressings. The CMA advises using plain language like "Events Outside Our Control" rather than legal jargon. For UK consumers, force majeure clauses must satisfy the fairness test and include the consumer's right to cancel without penalty if services cannot be delivered within a reasonable time.

In New York, courts interpret force majeure clauses strictly and generally require the specific triggering event to be enumerated. Post-COVID, the clause should explicitly list pandemics, government orders and restrictions, natural disasters, war, terrorism, cyber attacks, and utility failures, plus a catch-all for events "beyond the reasonable control of the affected party." Both jurisdictions should include notification obligations, mitigation duties, and clear provisions for what happens to prepaid amounts (refunds or credits) if sessions are cancelled due to force majeure.

For modification clauses, the legal landscape is treacherous. In Douglas v. Talk America (9th Cir. 2006), modifications without notice were held unenforceable; in Harris v. Blockbuster (N.D. Tex. 2009), a unilateral modification clause without notice rendered the entire agreement illusory. In the UK, variation clauses appear on the CRA 2015 grey list of presumptively unfair terms. Best practice is 30 days' advance notice by email and prominent website banner for material changes, with a re-consent clickwrap mechanism on next login for changes to dispute resolution, pricing, or liability. Users who reject changes should have the right to terminate their account and receive a refund for unused prepaid services. Sauna Guus should maintain an accessible archive of all previous ToS versions.

Essential clauses checklist for the final ToS document

Drawing from all the research, Sauna Guus's Terms of Service should include these core components organized by topic:

• Acceptance mechanism: Clickwrap agreement with conspicuous "I agree" checkbox (enforceable per Wu v. Uber, 2024)
• Eligibility: 18+ age restriction with verification at booking and check-in; legally sound in both jurisdictions
• Service description: Clear description of saunagus sessions including the essential-oil aufguss ritual, heat exposure, and guided towel-waving ceremony
• Health declaration and risk acknowledgment: Comprehensive contraindication list; mandatory health questionnaire; informed consent to inherent risks (not a negligence waiver); requirement to consult a physician if any listed conditions apply
• Booking, cancellation, and refunds: 24-hour free cancellation; no refunds after; disclosed conspicuously before purchase (per NY GBS §218-a and UK CRA 2015 transparency requirements)
• Punchcards/prepaid credits: Structured as discount programs in NY (to potentially qualify for §396-i exemption); clearly disclosed expiry dates; minimum 12–24 months for UK; no cash redemption except as required by law; escheatment disclosure for NY
• Payment processing: Stripe identified as processor; Sauna Guus identified as merchant of record; dispute resolution encourages direct contact before chargebacks
• User accounts: Registration requirements, security obligations, single-account rule, company right to suspend or terminate
• Intellectual property: Company owns all content, trademarks, and platform IP; limited personal-use license to users; user content license for any reviews or shared achievements
• Achievement system: No monetary value, non-transferable, modifiable or terminable by company, forfeited on account termination
• Liability: US section — assumption of inherent risk (not negligence waiver per GOL §5-326), damages cap; UK section — explicit statement that nothing excludes liability for death or personal injury from negligence, liability for other losses limited to price paid, statutory rights preserved
• Governing law and disputes: US — New York law, binding individual arbitration, class-action waiver; UK — England and Wales law, English courts (non-exclusive jurisdiction), mediation encouraged, no mandatory arbitration
• Force majeure/events outside control: Enumerated events including pandemics and government restrictions; notification and mitigation obligations; consumer right to cancel with credit or refund; plain language for UK section
• Modifications: 30 days' advance notice, re-consent for material changes, right to terminate if changes rejected, version archive maintained
• Conduct rules: Sobriety requirement, mobile phone restrictions, hygiene rules, compliance with gusmaster instructions, company's right to refuse entry or remove individuals
• Personal property: Disclaimer of responsibility for loss or damage (standard across industry, subject to fairness in UK)
• Electronic communications: E-SIGN Act consent for US; PECR compliance for UK; distinction between transactional and marketing communications
• Data protection: Cross-reference to separate Privacy Policy; UK GDPR compliance for UK users; health declarations flagged as special-category data requiring explicit consent
• Severability, entire agreement, and survival clauses: Standard boilerplate with survival of liability, IP, dispute resolution, and indemnification provisions

Conclusion

The defining challenge for Sauna Guus's ToS is not complexity but contradiction: the two jurisdictions treat liability, arbitration, and consumer rights in fundamentally incompatible ways. New York voids negligence waivers for recreational facilities yet permits broad arbitration clauses and assumption-of-risk defenses. The UK prohibits death-and-injury exclusions absolutely and disfavors mandatory arbitration, yet has no specific punchcard expiry legislation. The structuring of punchcards as discount programs (rather than face-value credits) in New York could avoid the 9-year minimum expiry requirement — a significant commercial advantage. AIRE Ancient Baths, operating in both New York and London with an almost identical business model, provides the clearest template: separate jurisdiction-specific terms, separate entity disclosures, and locally compliant liability language. Sauna Guus should follow this model, and given the health-risk profile of high-heat services with essential oils, should have a qualified attorney in each jurisdiction review the final document before deployment.