Cooling off periods for gym memberships

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You have 48-hours to cancel your membership agreement

The cooling-off period means you can cancel your membership agreement, without needing to give a reason, during the 48 hours immediately after both you and the fitness centre signed the agreement.

The fitness centre must give you a copy of the signed agreement, including the time and date that the cooling-off period starts and ends.

If you are sold a membership agreement before a fitness centre opens for business, you must be given the opportunity to inspect the fitness centre before the cooling-off period starts.

If you want to end the agreement before the 48-hour cooling-off period expires, you must do it in writing. There is no set wording for the written notice; however, we have a sample letter below as a guide.

It is advisable to keep some evidence that the written notice was received by the fitness centre within the 48-hour cooling-off period, therefore:

  • keep a copy;
  • deliver it to the fitness centre during opening hours; and
  • either ask for a receipt that includes the time, date and name of staff member, or make a note of this information.

The fitness centre must refund any money you have paid in advance but may deduct the costs of any services, including exercise screenings, that you used during the cooling-off period and a reasonable administration fee (if there is one).

If an administration fee is charged then it must be noted in the membership agreement.

Your refund must be provided within 14 days.

Sample letter cancelling a membership agreement within the 48-hour cooling-off period

Dear XYZ Health Club

I hereby terminate my membership agreement with your fitness centre during the 48 hour cooling-off period provided under the contract in accordance with the Fitness Industry Code of Practice.

My membership number is xxxx.

Please refund the fees I have paid minus the amount you are entitled to retain under my membership agreement and in accordance with the Fitness Industry Code of Practice.

You are welcome to contact me on 9999 9999.

Yours sincerely

John Citizen

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