Terms & Conditions

These Terms & Conditions apply to services, appointments, classes, programmes, workshops, online services and other products or services supplied by Restore Prehabilitation & Wellness Ltd, trading as Restore Prehabilitation & Recovery (“Restore”, “we”, “us” or “our”).

By booking, purchasing or participating in a Restore service, you agree to these Terms & Conditions.

These Terms & Conditions should be read alongside Restore’s Privacy Policy and, where applicable, the Client Consent & Acknowledgement.

Where specific terms are provided for a particular programme, workshop, membership, block or other offering, those specific terms will apply in addition to these Terms & Conditions. If there is a direct inconsistency, the specific terms disclosed for that offering will apply to that particular purchase.

When you make or confirm a booking, purchase a service or programme, or register to attend a Restore service, you are entering into an agreement with Restore subject to these Terms & Conditions.

It is your responsibility to ensure that the information you provide when booking is accurate and that Restore has current contact information for you.

Booking confirmations, reminders, forms and other information may be sent electronically using the contact details you provide.

New clients may be required to complete intake information, the Client Consent & Acknowledgement, and other relevant forms before their first appointment or assessment.

Unless Restore advises otherwise, all required pre-appointment forms must be completed at least 48 hours before the scheduled appointment.

These forms are necessary so that Restore has sufficient information to appropriately prepare for and deliver the booked service.

If required forms have not been completed by the specified deadline and Restore is therefore unable to appropriately proceed with the appointment, the appointment will be treated as a late cancellation and the full appointment fee will be payable.

Clients are also responsible for reviewing Restore’s Privacy Policy, which explains how personal and health information is collected, used, processed and protected.

Except for classes, a minimum of 48 hours’ notice is required to cancel or reschedule an appointment without charge.

Where an appointment is cancelled or rescheduled with less than 48 hours’ notice, or the client does not attend, the appointment will be classified as a late cancellation and the full cost of the booked appointment will be payable.

Cancellation periods are calculated from the scheduled start time of the appointment.

A request to reschedule within the cancellation period is treated in the same way as a cancellation, because the original appointment time has been reserved and may no longer be able to be offered to another client.

Restore may choose not to charge or may otherwise vary the application of a cancellation fee in an individual circumstance at Restore’s discretion. Any such decision does not create an entitlement or change the cancellation policy for future bookings

Clients are expected to arrive in sufficient time for their appointment to begin at the scheduled time.

If you arrive late, Restore may shorten the session so that subsequent appointments are not disrupted.

Where you arrive more than 10 minutes after the scheduled start time, or your late arrival leaves insufficient time for Restore to safely or appropriately provide the booked service, Restore may cancel the session and treat it as a late cancellation.

In that circumstance, the full appointment fee remains payable.

Clients must arrive appropriately dressed for the service or assessment they have booked.

For most Restore assessments and training sessions, appropriate gym clothing means:

• shorts and a T-shirt or fitted training top; or
• leggings and a T-shirt or fitted training top.

For some assessments, Restore may require shorts rather than leggings where clearer observation of the knees, lower legs or other body regions is necessary.

Specific services, including Fascial Stretch Therapy and Scar Therapy, may have different clothing requirements. Where relevant, these will be communicated before the appointment.

If you arrive in clothing that prevents Restore from safely or appropriately carrying out the booked assessment or service, the session will be cancelled and rescheduled, and the full cost of the cancelled session will be payable.

The clothing requirement may also be stated in appointment confirmations and in Restore’s Client Consent & Acknowledgement.

For classes booked individually or through a class booking or concession arrangement, at least 24 hours’ notice is required to cancel or reschedule attendance where cancellation or rescheduling is permitted.

Where less than 24 hours’ notice is given:

• the class will be treated as a late cancellation;
• any class credit or concession used for the booking will be forfeited; or
• where the class has not been prepaid, the full class fee may be payable.

Some Restore classes, group training and programmes are sold as a fixed-term block, rather than as individually interchangeable sessions.

Where you purchase a place in a fixed-term block:

• your payment reserves your place for the duration of that block;
• the price relates to the block as a whole rather than your attendance at each individual session;
• missed sessions do not create an entitlement to a refund, credit or reduction in the block price;
• a missed session cannot necessarily be transferred to another class or date; and
• make-up sessions are only available where Restore expressly offers them.

If Restore cancels a session within a fixed-term block, Restore will make reasonable arrangements to provide an alternative session, replacement, credit or other appropriate remedy.

Workshops, courses, programmes, events and other fixed-date offerings may have cancellation, transfer or refund conditions specific to that offering.

Any specific conditions will be made available before purchase and will apply in addition to these Terms & Conditions.

Where no separate cancellation terms have been stated, Restore’s standard cancellation conditions will apply where reasonably applicable

Prices will be advised at the time of booking or purchase.

Unless stated otherwise:

• prices are in New Zealand dollars;
• prices include GST where GST is applicable;
• payment is required at the time specified during booking or purchase; and
• invoices issued by Restore are payable on receipt.

You are responsible for ensuring amounts due to Restore are paid by the applicable due date.

Where another person, team, club, employer or organisation has agreed to pay for your service, you remain responsible for any amount personally payable by you unless Restore has expressly agreed otherwise.

Where a cancellation, non-attendance, failure to complete required forms, inappropriate clothing or another circumstance described in these Terms results in the full session fee becoming payable, Restore may issue an invoice for that amount.

The invoice is payable on receipt.

The fact that the booked service was not completed does not remove the obligation to pay a cancellation or non-attendance charge where that charge arises under these Terms.

The charge reflects the appointment time or place that was specifically reserved and the resulting inability or reduced ability for Restore to offer that time to another client.

Any invoice that remains unpaid 7 days after the date of issue will be considered overdue.

Unless prohibited by law, an overdue amount may incur interest at a rate of 18% per annum, calculated and compounded daily, from the eighth day after the invoice was issued until the outstanding amount is paid in full.

Restore may refer an overdue account to a third-party debt collection service or take other reasonable steps to recover the amount owing.

The debtor will be responsible for reasonable costs actually incurred by Restore in recovering the overdue debt, including third-party debt collection costs and reasonable legal or recovery costs, to the extent permitted by law.

Payments received may be applied first towards reasonable recovery costs and accrued interest and then towards the outstanding principal amount, where permitted by law.

If you believe an invoice is incorrect, you should contact Restore promptly and explain the basis of the dispute.

The existence of a genuine dispute about part of an invoice does not remove the obligation to pay any amount that is not reasonably disputed.

Restore will take reasonable steps to investigate genuine billing disputes.

Restore may cancel, postpone, relocate or modify a session where reasonably necessary, including because of practitioner illness, safety concerns, facility availability, equipment issues or circumstances outside Restore’s reasonable control.

Where Restore cancels a prepaid appointment and cannot reasonably provide the service at another mutually suitable time, Restore will provide an appropriate credit, refund or other remedy where required.

Restore is not responsible for reasonable incidental or consequential expenses incurred by a client as a result of an appointment change or cancellation, except where liability cannot lawfully be excluded.

Restore may refuse, stop or modify a service where reasonably necessary, including where:

• providing the service would not be appropriate or safe;
• relevant information has not been provided;
• the client’s behaviour creates a safety or professional-boundary concern;
• a client is abusive, threatening, discriminatory or otherwise behaves unacceptably towards Restore staff, contractors or other clients;
• the client repeatedly fails to comply with booking, payment or attendance requirements; or
• the service required falls outside Restore’s scope.

Where appropriate, Restore may recommend that the client seek assistance from another suitably qualified provider.

Restore provides movement assessment, mobility and strength training, prehabilitation, exercise programming, Fascial Stretch Therapy, Scar Therapy and related movement-based services.

Individual responses to assessment, training and other services vary.

Restore does not guarantee a particular physical, performance or other outcome.

Information provided through Restore’s website, online programmes, educational materials or general content is provided for educational purposes and is not a substitute for individual assessment or appropriate medical advice where this is required.

Nothing in these Terms excludes Restore’s obligation to provide services with the standard required by applicable New Zealand law.

Nothing in these Terms & Conditions excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.

Where the Consumer Guarantees Act 1993 applies, Restore’s services must meet the guarantees required by that Act, including being provided with reasonable care and skill.

Where services are acquired genuinely for business purposes, Restore and the business customer may agree in writing that the Consumer Guarantees Act does not apply where contracting out is permitted and fair and reasonable under New Zealand law.

Where Restore provides online programmes, classes, educational material or other digital services:

• you are responsible for ensuring you have an appropriate device, internet connection and physical environment;
• you should follow the instructions supplied with the programme or service;
• you should stop or modify an activity where necessary and seek appropriate professional advice if you experience symptoms requiring assessment;
• access is for the purchasing user’s personal use unless otherwise stated;
• login or membership access must not be shared with another person unless Restore has expressly permitted this; and
• availability may occasionally be affected by maintenance, internet outages or third-party technology providers.

Restore will take reasonable steps to maintain its digital services but does not guarantee uninterrupted availability at all times.

Unless otherwise stated, the intellectual property associated with Restore’s services and materials belongs to Restore or is used by Restore under licence.

This includes, where applicable:

• written programmes;
• exercise instructions;
• videos;
• photographs;
• graphics;
• course and class materials;
• assessment resources;
• website content;
• downloadable materials;
• programme structures; and

Purchasing or receiving a Restore service gives you a personal, non-exclusive right to use the relevant materials for their intended purpose.

Unless Restore gives prior written permission, you must not reproduce, distribute, sell, sublicense, publish or commercially exploit Restore’s materials.

Nothing in this provision gives Restore ownership of personal information or assessment data belonging to clients.

Restore collects, uses, stores and processes personal and health information in accordance with its Privacy Policy.

The Privacy Policy includes information about:

• client records;
• assessment information;
• VALD HumanTrak;
• third-party processors;
• overseas data processing;
• team and group assessments;
• information security;
• access and correction rights; and
• contacting Restore’s Privacy Officer.

The Privacy Policy forms part of Restore’s information-handling framework but does not remove any rights provided under the Privacy Act 2020 or other applicable law.

Restore may send electronic communications that are reasonably necessary for delivering its services, including:

• booking confirmations;
• appointment reminders;
• programme information;
• invoices and receipts;
• changes affecting a booking;
• account information; and
• administrative communications.

Restore may separately send marketing or promotional communications where permitted.

Commercial electronic messages will include applicable sender information and unsubscribe options as required by New Zealand law.

Unsubscribing from marketing communications does not prevent Restore from sending operational communications necessary to administer a service you have booked or purchased.

Restore may use third-party websites, platforms, payment providers, booking systems and other technology to deliver its services.

Use of a third-party service may also be subject to that provider’s applicable terms.

Restore is not responsible for independent third-party websites linked from its website or digital services, except to the extent responsibility cannot lawfully be excluded.

Personal information handled through service providers is addressed in Restore’s Privacy Policy.

Restore may update these Terms & Conditions from time to time to reflect changes to its services, business model, technology or legal obligations.

The latest version will be published on Restore’s website and will state the date of the most recent update.

Unless a change is required by law or has been agreed with you, a material change will not retrospectively alter the fundamental terms of a purchase or booking already made.

Your continued use of Restore’s services after updated Terms have become applicable to future bookings or purchases will be subject to the updated Terms.

If you have a concern about a Restore service, booking, invoice or other matter, please contact Restore in the first instance so that we have an opportunity to address it.

Nothing in these Terms prevents either party from using any dispute resolution process or legal remedy available under New Zealand law.

These Terms & Conditions are governed by the laws of New Zealand.

The courts and tribunals of New Zealand will have jurisdiction in relation to disputes arising from these Terms or Restore’s services, subject to any applicable rights under New Zealand law.

Restore Prehabilitation & Wellness Ltd

Trading as Restore Prehabilitation & Recovery

Email: info@restoreprehab.co.nz

Phone: 03 379 9929

For clients completing these Terms through Restore’s client management system:

I confirm that I have read and understood Restore’s Terms & Conditions and agree to be bound by them.

I understand in particular the cancellation, attendance, clothing, payment and overdue-account requirements that apply to my bookings and purchases.

I acknowledge and agree.