A high-profile journalist has expressed frustration at not being allowed to train at a Hastings gym because she refused to be photographed during fitness sessions.

But owners of the gym - F45 Hastings - say people attending the sessions won't be filmed if they don't want to be, but everyone must sign a waiver in case they inadvertently appear in the background of footage.

Former TV3 and current Al Jazeera journalist Kim Vinnell this week posted on Twitter an email she received from F45 Hastings that stated: "Hi Kim, it has come to our attention that you are not comfortable to sign the waiver to have your photos or videos available for social media purposes. Unfortunately this is not something we can guarantee and therefore we are not able to offer you our services."

Vinnell said on Twitter the email suggested people could only work out at F45 Hastings if they agreed to be photographed while exercising.

"I asked not to be filmed so now I'm refused service. It seems kinda outrageous, no?"

The Office of the Privacy Commissioner says in general, if consumers believed a company was seeking consent for something they thought intruded on their privacy, they could choose to reject the conditions and choose to go somewhere else.

F45 Hastings owners Rachel and Ryan Tongia told Hawke's Bay Today that Vinnell visited the studio for the first time on Tuesday.

"And, as is our standard process, [she] was required to sign a health form and waiver form," they said.

"The waiver form included the following statement: 'I agree to allow F45 to use pictures, videos or the like for potential marketing material.' "

They said she wrote "no" next to it and advised the trainers when questioned that she did not consent to being photographed.

They said the trainers at the class explained they would ensure that no close up photos were taken of her, but could not guarantee that she would not be in the background of recordings or photographs as existing members and staff record in the studio for marketing purposes.

 

They said F45 Hastings respected members' privacy and did not record those members who did not wish to be recorded, but sometimes inadvertently members may appear in the background of shots taken.

"We believe it is important that members are aware that footage may be used and we always have a conversation with any members if they do not want to be 'front and centre' of a shot. If this is the case we always respect that member's position."

The situation had been taken out of context and "interpreted to the extreme", they said.

"This publicity stunt, without all the facts, is not in keeping with the caring and fostering culture that we have built and strive to continue to build at F45 Hastings."

Ryan Tongia is a former professional rugby player who was contracted to the Highlanders Super Rugby franchise and the Hawke's Bay Magpies.

Bell Gully lawyer Sarah Brougham said assuming the gym was private property, the gym owner had the right (within the parameters of the law) to make their own rules about photographing inside the gym premises and may make entry to the gym conditional on agreement to certain terms (which may include terms regarding image use rights).

"A gym owner may decide to refuse access to their facilities if an individual has not consented to the gym collecting their personal information."

And she said individuals were within their rights to refuse, but it may mean they were unable to access certain services.

Vinnell said on social media she had found F45 Hastings' response to her since she had expressed her frustration "really genuine".