The current interim code requires that fitness centre promotional material must be truthful and accurate and there must be no high-pressure sales tactics to get you to join.

A centre cannot tell you a membership is 'free' or 'discounted' if the services or facilities are restricted or of lesser quality than usual.

The current interim code says you must be given the opportunity to inspect a fitness centre before you join up. We recommend this, as you may want to:

• check how busy it is at the times you will attend;
• check out equipment and cleanliness; and
• talk with a couple of members to find out what their experience has been.

Not all fitness centres offer the same terms and conditions, so shop around for the agreement that best suits your needs. For example, if you are prone to illness or injury, try to find a fitness centre that allows you to suspend your membership if you are sick or injured.

• What types of classes are provided?
• What are the opening hours?
• What is the experience and qualifications of the staff?
• Are the trainers and instructors registered with Fitness Australia, or are they accredited by Exercise and Sports Science Australia, or an equivalent industry association?

• How much does membership cost?
• What services are included in the membership fee?
• What services or facilities require extra fees? e.g. extra costs may apply for a crèche or personal training.
• What payment options are available? e.g. casual fees, pre-payment, or automatic debits.

• Is the membership agreement a fixed-term agreement or an ongoing agreement that will continue until you take action to cancel it?

• Are there any penalties if you want to end the membership agreement early?
• In what circumstances can you terminate or suspend the membership agreement, e.g. can you end the agreement if you get sick, move house or go on holiday?
• What procedure do you need to follow to end the agreement?

The Fitness Code has been operating in Western Australia since 1 January 2005 and is enforced by Consumer Protection.

The Fitness Code protects consumers dealing with fitness suppliers through:

• a seven-day cooling-off period for all membership agreements
• requirements for truth in advertising and the selling of membership agreements
• full disclosure of fees and services
• a limit of 12 months' payments in advance.

Fitness services' promotional material must be truthful and accurate. A fitness supplier cannot tell you a membership is 'free' or 'discounted' if the services or facilities are restricted or of lesser quality than usual. There must be no high-pressure sales tactics to get you to join. 

Further, you must be given the opportunity to inspect a fitness service before you join up, which we recommend you do (see Equipment and classes below).

Consider how often you will use the fitness service. Fitness memberships are legal agreements and you will be committed to making payments until the agreement ends. Sometimes it works out cheaper to sign up for a twelve-month membership rather than paying monthly.

Think about what you will do if your circumstances change. Can the membership be transferred or cancelled if you move away?

Always visit the fitness service, talk to current members, check out the equipment and try out some classes. 

Will you need to pay extra for services, such as a crèche or personal trainer? If so, how much?

Many businesses will offer a trial pass or allow you to pay per visit which will give you the opportunity to see if the fitness service is a good fit for you.

Membership agreements must be in writing and are a legally binding contract.

They can be:

• on paper and require signing

or

• electronic where you agree to the terms and conditions of the agreement.

Before signing any contract you should always read all the terms and conditions. For online contracts it is often a good idea to print them out to read.

Don’t be pressured into an agreement. Take your time to consider if the terms and conditions are right for you and be prepared to walk away if they are not. 

All fitness memberships must have a seven-day cooling-off period.  This means that you have the right to change your mind and cancel the agreement in the seven days from the start of the membership. If the membership is for a fitness centre that is not yet open, the cooling off period ends seven days after the fitness centre opens.

The Fitness Code requires that you receive enough information to make an informed decision about a fitness service. This includes providing you with a clear description of the service, including:

• the initial or fixed term for the supply of the service
• details of all fees and charges payable
• any exclusions, important conditions, limitations or restrictions
• a copy of any rules relating to a fitness centre
• an opportunity to inspect a fitness centre
• if requested, information on qualifications and professional registrations for the fitness supplier and their employees.

You must be given an opportunity to read the agreement and the rules of the fitness service before you sign up.

The fitness service must also have a paper or electronic copy of the Fitness Code for you to read if you want to.