Cancelling a fitness membership

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Consumer

Fitness industry requirements are changing

Effective 1 July 2021, all fitness suppliers must adhere to requirements of the new Fair Trading (Fitness Industry Code of Practice) Regulations 2020 (WA) (Fitness Code), which include changes to membership agreements and fees, cooling-off periods and cancellation processes.

In the meantime, fitness suppliers must continue to follow the current interim code. 

Although some fitness suppliers may choose to implement the new Fitness Code requirements sooner, they are not mandatory until 1 July 2021. 

This page provides information for both the current interim code and the new Fitness Code to ensure you are informed for either situation.  

Current interim code

If you want to cancel your gym membership (after the 48-hour cooling-off period ends) you will need to check the specific details of your agreement to find out the circumstances in which you may end it.

Different fitness centres have different policies for ending membership agreements. For example, some centres may allow you to suspend your membership or sell your membership to another person.

In certain circumstances, some fitness centres may allow you to cancel your membership before the term of the agreement if you pay a percentage of the amount that you owe for the unexpired portion.  If you stop making your instalments before the membership agreement allows you to do so, or if you attempt to end the agreement in circumstances not provided for, you may have to pay damages for breach of agreement. It is therefore important to follow the termination procedure set out in your membership agreement before stopping your regular instalment payments.

New Fitness Code 

You can cancel your fitness service membership agreement by giving written notice.

It is advisable to keep some evidence that the fitness service received the written notice by keeping a copy and:

  • sending by email and asking for acknowledgement of receipt; or
  • delivering it to the fitness service during opening hours and asking for a receipt that includes the time, date and name of staff member.

Examples of a fitness service under the new Fitness Code include a 24/7 gym, an outdoor boot camp, a personal trainer or a yoga class. 

To cancel during the cooling-off period

You can cancel during the seven-day cooling-off period by giving notice in writing.

When you cancel during the cooling-off period the fitness service can charge you:

  • an administration fee that reflects their administration costs; and
  • a fee for any fitness services you have already used and not paid for.

Your cancellation will take effect immediately.

To cancel due to permanent illness or incapacity

You can cancel if you have a permanent illness or incapacity that stops you using the fitness service by:

  • giving notice in writing; and
  • providing a medical certificate that confirms the permanent illness or incapacity.

Your cancellation will take effect immediately.

When you cancel your membership due to permanent illness or incapacity the fitness service can charge you a fee for any fitness services you have already used but not paid for.

To cancel for other reasons

You can cancel for any other reason by giving written notice to the fitness service.

Your membership will finish after:

  • the end of any notice period specified in your agreement; and
  • no more than thirty days from the date you provided written notice.

When you cancel your membership for other reasons the fitness service can continue to charge you for the notice period specified in the agreement.

If you cancel your membership before the end of an initial term, the fitness service can also charge you a termination fee, if it is in the membership agreement.

A fitness service must confirm they have received a request to cancel within seven days of receiving it.  The confirmation must be in writing and include:

  • amount of the last payment due; and
  • the date the termination takes effect.

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