Contact Consumer Protection
Tel: 1300 304 054
consumer@dmirs.wa.gov.au
The Fair Trading (Fitness Industry Code of Practice) Regulations 2020 (WA) (the Fitness Code) applies to all fitness suppliers who are carrying on the business of supplying fitness services. It is very important that members of the fitness industry in Western Australia understand and comply with the Fitness Code.
This mandatory code comes into effect on 1 July 2021 and sets out specific standards that:
Due to the impact of the coronavirus (COVID-19) pandemic, the transition period is lengthy to give businesses time to adjust and prepare for the changes. The WA's fitness code publication provides a detailed overview of the Fitness Code and can help businesses prepare to meet the mandatory requirements by 1 July 2021.
In the meantime businesses must observe the current interim code.
The current interim code continues to apply until 1 July 2021. It places requirements on fitness businesses and other businesses that supply fitness services, such as gyms, personal trainers, and aerobics and aqua aerobics instructors.
For all such businesses, false and misleading statements are prohibited in respect to:
In addition, fitness service suppliers must:
See the Fitness industry: guide to the code of practice publication for more information.
A fitness supplier is a business or individual that provides a fitness service.
For example, a fitness supplier may be:
Suppliers of a fitness service do not include:
A fitness service can include:
Examples of a fitness service include a 24/7 gym, an outdoor boot camp, a personal trainer or a yoga class.
If you offer your clients a membership agreement for a fitness service, it must meet the requirements outlined in the new Fitness Code as of 1 July 2021.
A membership agreement must start with an agreement summary. This will 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 and be easy for consumers to understand.
Agreements must 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.
For example, you could include a standard clause enabling a client to suspend their membership agreement when they take a holiday.
All fitness suppliers should also know their obligations under Australian Consumer Law. See our Business rights and obligations in Western Australia page for helpful information.
Also see the following consumer pages:
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