If you’re running a business in the fitness and wellness industry, it’s important that you understand the regulations that apply to you. Our legal team specialises in supporting businesses in the fitness space – whether it be limiting your liability through contracts or advising you on regulatory compliance, we’re here to help.
To establish a fitness or wellness business in New Zealand, you will need to prepare and register a variety of legal documents. Key requirements include:
- Registering your business name with the New Zealand Companies Office (https://www.companiesoffice.govt.nz/).
- Obtaining Workers' compensation insurance and business insurance (e.g. public liability, professional indemnity).
- Securing Council approval (if operating from a commercial premise) and a lease agreement (if renting premises).
- Having Health and safety policies and procedures in place, in compliance with WorkSafe New Zealand (https://www.worksafe.govt.nz/).
- Complying with privacy and data protection policies and procedures, in line with the Privacy Act 2020 (https://www.privacy.org.nz/).
- Registering with relevant industry bodies (e.g. ExerciseNZ, Yoga New Zealand).
Yes, like many other businesses, gyms and other fitness businesses need terms and conditions that are tailored to the nature of their business activities.
Fitness and wellness businesses have specific requirements. For instance, there is a certain level of risk and liability involved with customers using heavy machinery and equipment. As a fitness business, it's important that your T&Cs (along with your other contracts!) cover these key matters so as to limit your liability.
Health information in general is also treated very carefully under New Zealand privacy laws. As a fitness business, you may ask customers to disclose certain health information, such as pre-existing conditions that may render them more vulnerable to incidents or accidents on your premises.
In such cases, you'll need to comply closely with the New Zealand Privacy Principles and have the appropriate Privacy Policy in place.
