Contact Consumer Protection
Tel: 1300 30 40 54
consumer@dmirs.wa.gov.au
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The WA Fitness Industry Code of Practice applies to all fitness providers and fitness services to:
The Fitness Code became mandatory in WA in July 2021.
A fitness supplier is a business or individual that provides a fitness service, ie:.
Registered doctors and physiotherapists are not fitness suppliers.
Examples of a fitness service include a 24/7 gym, an outdoor boot camp, a personal trainer or a yoga class. A fitness service can include:
The following are not classified as a fitness service:
If you offer a membership agreement, it must meet the requirements of the Fitness Code.
Details on how to cancel a membership must be in all membership agreements.
Members can cancel in the 7 day cooling-off period by giving notice in writing.
The fitness service can charge the member:
The cancellation will take effect immediately.
Members can cancel if they have a permanent illness or incapacity that stops them using the fitness service by:
The cancellation will take effect immediately.
When a membership is cancelled due to permanent illness or incapacity the fitness service can charge a fee for any fitness services you have already used but not paid for.
Members can cancel for any other reason by giving written notice to the fitness service.
The membership will finish after:
If a membership is cancelled for other reasons the fitness service can continue to charge for the notice period specified in the agreement.
The following covers other key conditions in a membership agreement.
A membership agreement must start with an agreement summary to help consumers understand the key terms and cost of the membership at a glance.
An agreement summary must include:
Membership agreements should be written in plain English, be easy to understand and include:
All fees must be clearly stated and any termination fees must be fair and proportionate to the actual cost incurred by the business.
Other information can be included in the membership agreement as long as it does not conflict with the requirements in the Fitness Code or the Australian Consumer Law (WA).
For example, a standard clause enabling a client to suspend their membership agreement when on holiday.
The code has specific disclosure requirements to help consumers compare and understand options. Transparent pricing makes comparisons easier. A fitness service must publicly provide:
This allows consumers to compare fitness services online. Consumers should not have to meet with someone to get information about a fitness membership.
The Fitness Code promotes a high standard of conduct for fitness suppliers including client confidentiality, being truthful and an ethical sales process.
A supplier must provide information to a client on how to lodge a complaint and make every effort to resolve the complaint quickly and fairly. A supplier must also record the complaint on file and notify the complainant that it has been received.
Further information
Information available to fitness industry consumers:
Email or call the Consumer Protection Contact Centre on 1300 30 40 54.
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