TERMS OF SERVICE

MODE FITNESS STUDIO — TERMS OF SERVICE

Effective Date: 6 October 2025

Welcome to MODE Fitness Studio (“Mode”, “we”, “our”, “us”). These Terms of Service (“Terms”) govern your use of our website, bookings, memberships, and related services. By purchasing a membership, class pack, or session, or by attending our studio, you agree to these Terms.

1. General Use

These Terms apply to all services provided by MODE Fitness Studio, including studio classes and events, personal training, concession and membership packages, website and online booking services via Momence, and payments processed through Stripe. We may update these Terms at any time, and the most recent version will always appear on our website.

2. Memberships & Bookings

  • All memberships, concession packs, and bookings are subject to availability.
  • Pricing and inclusions are outlined on our website and may be updated without notice.
  • By purchasing a membership or class pack, you agree to our Membership, Concession & Personal Training Terms & Conditions.
  • Bookings must be made through our Momence platform using your registered account.
  • We reserve the right to refuse or cancel bookings at our discretion.

3. Payments & Billing

  • All payments are processed securely via Stripe.
  • We accept credit/debit cards and other Stripe-supported payment methods.
  • Prices are shown in New Zealand dollars (NZD) and include GST unless stated otherwise.
  • Payment is due at the time of purchase or as per your membership agreement.
  • Failed or overdue payments may result in suspension or cancellation of your membership.

4. Cancellations, Refunds & Transfers

Membership and class purchases are non-refundable, except where required by the Consumer Guarantees Act 1993 (NZ). Concession and PT packs are non-transferable and must be used before their expiry date. Class cancellations must be made within the required notice period as outlined in our Membership Terms. Late cancellations or no-shows may result in a lost session or charge.

5. Studio Conduct & Safety

  • Respect staff, members, and equipment at all times.
  • Follow all health & safety directions from our team.
  • Notify us of any injuries, illnesses, or conditions that may affect your ability to train.
  • Unsuitable, unsafe, or offensive behaviour may result in suspension or termination without refund.

6. Assumption of Risk

By participating in any class, session, or event, you acknowledge that fitness training involves inherent risks, including injury or illness. You confirm that you are medically fit to participate and accept full responsibility for monitoring your own health. You release Mode, its staff, and contractors from liability for injury, loss, or damage except as required under New Zealand law.

7. Privacy & Data Use

Your personal information is collected and managed in accordance with our Privacy Policy. We use Momence to manage bookings and Stripe to process payments. Both platforms store your data securely and may process information outside New Zealand.

8. Intellectual Property

All website and in-studio materials—including text, imagery, branding, and video—are the property of MODE Fitness Studio. You may not reproduce or distribute our content without written permission.

9. Media Use

You consent to MODE using photos or videos captured in the studio for promotional purposes. If you prefer not to appear in marketing content, please let our team know before your session.

10. Third-Party Links & Services

Our website or communications may contain links to third-party services (e.g., Momence, Stripe, social media). We are not responsible for the content, policies, or practices of those third parties.

11. Limitation of Liability

To the fullest extent permitted by law, MODE Fitness Studio, its owners, and staff are not liable for any indirect, incidental, or consequential damages arising from your participation, website use, or purchases. Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 (NZ).

12. Governing Law

These Terms are governed by the laws of New Zealand. Any disputes will be handled by the courts of New Zealand.

13. Contact Us

MODE Fitness Studio
Ponsonby, Auckland, New Zealand
support@modefitnessstudio.co.nz