20% Non- Refundable Deposit Agreement

Issued by HYPOXIC WELLNESS PTY LTD (ACN 685 678 068)
Trading as “Leonyx Hypoxic Wellness”
730 Pacific Pde, Currumbin QLD 4223, Australia
service@leonyx.com

Effective date: 01/10/2025

1. INTRODUCTION

This 20% Non-Refundable Deposit Agreement (“Agreement”) outlines the terms that apply when you place an order for a Leonyx Hypoxic Wellness Studio or Pod (“Product”).

By paying the 20% deposit, you agree to all terms within this Agreement and acknowledge that this payment is non-refundable, subject only to the limited exceptions in Clause 11.

This Agreement forms the first stage of your purchase. A separate Purchase Agreement will be issued to you for the remaining payments prior to production, shipment, and installation.

2. NATURE OF THE DEPOSIT

2.1 Non-Refundable Deposit

Your 20% deposit (“Deposit”) is strictly non-refundable, except as outlined in Clause 11.

2.2 Purpose of the Deposit

The Deposit:

Secures your presale pricing
Secures your position in the production queue
Triggers scheduling, resource allocation, and procurement actions by Leonyx
Allows Leonyx to initiate project planning and logistics
Is not a payment for the Product itself, but a commitment toward the full purchase

2.3 Deposit Does Not Transfer Ownership

Payment of the Deposit does not grant ownership, title, or delivery rights over any Product.

3. PRODUCT PRICING

3.1 Price Locked at Deposit

Your Product price is locked and guaranteed upon payment of the 20% Deposit.

3.2 Variable Shipping & Installation Fees

Shipping, installation, and final delivery charges are not included in the Product price and may vary based on:

Customer-provided site information
Access difficulty (stairs, narrow corridors, obstructions, etc.)
Region and distance
Third-party installation requirements
Changes in site conditions

Any variation to information supplied by the customer may result in additional fees, payable by the customer.

4. PRODUCTION PAYMENT (30%)

4.1 When Due

A 30% Production Payment is due four (4) months prior to estimated delivery, once your build slot is allocated.

4.2 Non-Refundable

The 30% Production Payment is non-refundable.

4.3 Production Commencement

Production will begin only after:

The 30% Production Payment is received as cleared funds
Final configuration details are confirmed
Site requirements are reviewed and accepted

5. PRE-SHIPMENT PAYMENT (50%)

5.1 When Due

A 50% Pre-Shipment Payment is required before the Product is released for international or domestic shipping.

5.2 Non-Refundable

This payment is also non-refundable.

6. LOCAL FREIGHT & INSTALLATION COSTS

6.1 Paid Directly to Rocket Shipping / Installer

Local U.S. freight, handling, and installation fees are paid directly to Rocket Shipping or the approved installation partner.

6.2 Variable Based on Site Conditions

These fees are variable and final pricing cannot be confirmed until:

A site inspection (virtual or physical) is completed
Customer-provided information has been verified
Any special equipment or labour requirements are assessed

6.3 Incorrect Customer Information

If the customer provides inaccurate or incomplete information, the customer is solely responsible for any additional costs incurred.

7. DELIVERY TIMEFRAME

7.1 Estimated Delivery Window

Estimated delivery is 4–10 months FROM the date the 30% Production Payment is received as cleared funds.

7.2 Non-Guaranteed

This window is an estimate only. Delivery times may vary due to:

Global supply chain delays
Port congestion
Component availability
Manufacturing constraints
Force majeure events
Shipping or customs delays

These variations do not entitle the customer to refunds, compensation, or contract cancellation.

8. CUSTOMER SITE REQUIREMENTS

The customer must provide:

Walk-through video of the installation pathway
Access measurements (doors, hallways, stairs)
Site photos
Power supply confirmation
Ventilation confirmation
Location for nitrogen generator & compressor
Any structural limitations

Failure to prepare the site may result in:

Delayed installation
Additional installation costs\
Cancellation penalties

9. WARRANTY ACTIVATION

Warranty activates only once the customer completes onboarding within the Leonyx App, which includes:

Induction video
Safety acknowledgement
Basic operation overview

This reduces misuse and ensures safe Product operation.

10. SAFETY REQUIREMENTS

The customer acknowledges:

The Product is not a medical device
Hypoxia, heat, cooling, and photobiomodulation involve physiological stress
People with heart conditions, respiratory disease, pregnancy, or medical issues must obtain medical clearance
Children under 14 must not use hypoxia features

A full Safety Waiver will be signed in the Purchase Agreement.

11. REFUND EXCEPTION (Leonyx Failure to Deliver)

A refund may be issued only if:

Leonyx fails to deliver the Product
12 months have passed beyond the maximum estimated delivery window (i.e., 4–10 months + 12-month grace)
The failure is directly attributable to Leonyx, not global supply chains or force majeure

This is the only circumstance where a refund is considered.

12. REFUSAL OF DELIVERY

If the customer refuses or is unable to accept delivery:

All payments made to date are forfeited
Storage fees apply
Installation may be rescheduled at additional cost

13. INSURANCE & DAMAGE IN TRANSIT

Freight insurance is handled via the shipping provider
The customer initiates the claim, and Leonyx will provide all required documentation
Damage in transit is not Leonyx’s liability

14. GOVERNING LAW & ARBITRATION

This Agreement is governed by the laws of Queensland, Australia.

All disputes will be resolved through binding arbitration in Queensland, Australia.

15. ACCEPTANCE

By paying the 20% Deposit, you:

Agree to the terms of this Agreement
Certify that you understand all payments are non-refundable
Confirm that you have reviewed all Product, installation, and safety requirements
Understand that this Agreement is legally binding