torque wellness 

TORQUE WELLNESS TRADING AS TORQUE WELLNESS AND/OR TORQUE FITNESS NZ TERMS & CONDITIONS AND WAIVER OF LIABILITY For the purposes of these Terms and Conditions, "Torque" refers to Torque Wellness trading as Torque Wellness and/or Torque Fitness NZ. 1. Acceptance of Terms By enrolling in or participating in any class, session, workshop, program, service, wellness offering, educational event, on-demand reformer session, personal training session, nutritional coaching service, or activity provided by Torque, you acknowledge that you have read, understood, and voluntarily agree to these Terms and Conditions and Waiver of Liability. If you are under 18 years of age, you confirm that you have obtained parental or guardian consent. Participants must be at least 16 years of age unless otherwise approved by Torque. 2. Professional Qualifications and Scope of Advice a. Torque is owned and operated by Tracey Tordoff, a qualified Personal Trainer and Reformer Pilates Instructor. b. Neither Tracey Tordoff nor any employee, contractor, instructor, or participant of Torque is acting as a medical practitioner, physiotherapist, psychologist, registered dietitian, or registered nutritionist unless expressly stated. c. Any wellness, nutritional, lifestyle, educational, accountability, coaching, rehabilitation, or health-related information provided by Torque is intended for general informational purposes only and does not constitute medical, nutritional, physiotherapy, psychological, or therapeutic advice. d. Participants should seek appropriate professional advice regarding any medical condition, injury, pregnancy, rehabilitation requirement, dietary concern, or health issue. e. Torque does not accept responsibility for advice, recommendations, opinions, or comments made by participants or third parties. 3. Fitness Suitability and Participant Responsibility a. You are solely responsible for ensuring you are physically and medically capable of participating in any activity offered by Torque. b. You should seek medical advice before commencing any exercise program if you have any concerns regarding your health or physical condition. c. You agree to notify Torque of any injury, illness, pregnancy, medical condition, surgery, rehabilitation requirement, or other circumstance that may affect your ability to safely participate. d. Torque reserves the right to request medical clearance before permitting participation. 4. Pregnancy and Postpartum Participation a. Participation during pregnancy or the postpartum period is entirely at your own risk. b. You are strongly encouraged to obtain approval from your doctor, specialist, midwife, or other qualified health professional before participating. c. No medical advice is provided by Torque regarding pregnancy or postpartum exercise. d. Torque accepts no liability arising from participation during pregnancy or postpartum recovery. 5. Risks and Safety Acknowledgement a. You acknowledge that participation in exercise and wellness activities involves inherent risks including but not limited to: • Muscle strains and sprains • Falls and loss of balance • Equipment-related injuries • Reformer Pilates injuries • Strength training injuries • Physical exertion injuries • Aggravation of existing injuries or medical conditions b. You voluntarily participate and may stop or decline any activity at any time. c. You agree to follow all safety instructions and studio policies. d. You understand that no exercise program is entirely risk-free. 6. On-Demand Reformer Access a. Participants using on-demand reformer facilities acknowledge that they are exercising without direct supervision. b. Participants use on-demand reformer facilities entirely at their own risk. c. Access may only be granted following completion of a Torque induction or other approval by Torque. d. Torque reserves the right to suspend or revoke on-demand access at any time. 7. Studio Conduct and Conditions of Entry a. Torque reserves the right to refuse entry to, suspend, or remove any participant who behaves in an aggressive, abusive, threatening, offensive, intoxicated, disruptive, or unsafe manner. b. Participants must treat staff, contractors, clients, visitors, equipment, and facilities with respect. c. Mobile phones should be kept on silent during classes. d. Participants are expected to enter and leave the studio respectfully and with consideration for neighbouring businesses and residents. 8. Studio Access and Security a. Participants must not provide access to the studio to any unauthorised person. b. Access codes, keys, entry methods, or booking credentials must not be shared. c. Family memberships and approved family credit packs may be shared between immediate family members where authorised by Torque. d. Torque reserves the right to cancel access privileges where studio security has been compromised. 9. Equipment Care and Hygiene a. Appropriate exercise attire must be worn. b. Grip socks are suggested but not essential for reformer sessions. c. Participants must wipe down equipment after use and return all equipment to its designated location. d. Participants must maintain reasonable personal hygiene standards while attending the studio. 10. Personal Property Participants are responsible for their own belongings. Torque accepts no responsibility for any loss, theft, or damage to personal property brought onto the premises. 11. CCTV and Security Monitoring a. Participants acknowledge that CCTV surveillance may operate within parts of the facility. b. CCTV may be used for security, safety, incident investigation, operational management, and staff training purposes. c. Access to recordings is restricted to authorised personnel and managed in accordance with applicable privacy laws. 12. Memberships, Packages, Credits and Pricing a. Torque reserves the right to amend, suspend, discontinue, or modify memberships, packages, class formats, services, schedules, facilities, pricing, inclusions, and benefits at any time. b. Unlike many fitness facilities, Torque may allocate membership credits in advance for use throughout the membership period. c. Participants acknowledge that membership payments remain payable for the full agreed membership term regardless of when session credits are used. d. Memberships and credits are non-refundable unless required by law. e. Family memberships may be shared only where specifically approved by Torque. 13. Payments a. Participants are responsible for ensuring sufficient funds are available for scheduled payments. b. Participants remain responsible for all membership fees and charges. c. Any costs incurred by Torque in recovering overdue amounts may be charged to the participant where permitted by law. d. Failed payment fees charged by payment providers remain the participant's responsibility. 14. Photography, Filming and Media Consent a. Classes, events, and activities may be photographed or recorded for promotional purposes. b. By participating, you grant Torque permission to use your image, voice, and likeness for promotional, educational, marketing, editorial, and social media purposes without compensation. c. You waive any right to inspect or approve such materials. 15. Data Privacy and Booking Platforms a. Client records, bookings, memberships, payments, and communications may be managed through third-party booking systems. b. Personal information is collected and used solely for the operation of Torque and associated services. c. Torque will take reasonable steps to protect personal information but shall not be liable for breaches occurring within third-party systems outside its control. 16. Limitation of Liability To the fullest extent permitted by New Zealand law, Torque excludes all liability for any injury, illness, loss, damage, cost, expense, claim, or liability arising directly or indirectly from participation in any class, service, activity, wellness offering, workshop, event, personal training session, on-demand reformer session, or use of studio facilities. You voluntarily assume all risks associated with participation. Any liability that cannot legally be excluded shall be limited to the total amount paid by you to Torque in connection with the relevant service. 17. Results Disclaimer Torque makes no guarantee regarding physical, health, wellness, rehabilitation, nutritional, weight-loss, fitness, strength, flexibility, or performance outcomes. Results vary between individuals. 18. Amendments These Terms and Conditions and Waiver of Liability may be amended at any time without notice. The most current version will be available through Torque's website, booking platform, or other communication channels. Continued participation constitutes acceptance of any amended Terms and Conditions. 19. Governing Law These Terms and Conditions are governed by the laws of New Zealand and any disputes shall be subject to the jurisdiction of the New Zealand courts. WAIVER OF LIABILITY By participating in any activity offered by Torque, I acknowledge and agree that: • I participate voluntarily and entirely at my own risk. • I understand that exercise and wellness activities involve inherent risks that may result in injury, illness, disability, or death. • I have disclosed all relevant medical conditions, injuries, pregnancies, rehabilitation requirements, and health concerns. • I understand that Torque does not provide medical advice. • I release and discharge Torque, its owners, directors, employees, contractors, instructors, agents, and representatives from any and all claims arising from my participation. • I waive any right to compensation, damages, reimbursement, or legal action except where prohibited by law. • I agree to indemnify and hold harmless Torque against claims arising from my actions, negligence, misuse of equipment, breach of these Terms, or unauthorised access granted by me to any third party. By booking, attending, participating in, or using any Torque service or facility, I confirm that I have read, understood, and agree to these Terms and Conditions and Waiver of Liability.