Many fitness suppliers offer a trial pass or allow you to pay per visit, so you can see if their service is right for you. You must be given the opportunity to inspect a fitness service before you join. Don’t be pressured into making a decision.
Fitness suppliers and services must follow the WA Fitness Industry Code of Practice.
Under the code, all new fitness agreements must have a seven-day cooling-off period.
Before you sign up
Make sure you:
- Inspect the service or gym
- ask for a trial or casual pass to test if it is what you want
- read the agreement carefully
- check what the fees are and how often you have to pay them
- check the cancellation rules
- check the direct debit arrangement and how to pause or stop them.
Fitness membership contracts
Your contract must cover:
- the cooling-off period
- the initial or fixed term (dates) for the supply of the service
- how to cancel the agreement
- details of all fees and charges payable
- any exclusions, important conditions, limitations or restrictions
- a copy of any rules relating to a fitness centre
- fitness supplier's name, business address and email
- fitness supplier's and their employees’ qualifications and professional registrations if requested.
Pre-paid membership agreements
Pre-paid memberships:
- the full amount of the membership is paid upfront.
- are limited to 12 months' payment in advance.
- must be cancelled in writing such as email or letter.
These agreements may be cheaper than other options, but you risk losing money if the supplier goes out of business before your membership ends.
Ongoing membership agreements
Ongoing membership agreements are paid by instalments.
Your agreement must show:
- when the money will be taken from your account such as weekly or monthly
- what account the money will be taken from such as your credit or debit bank account
- how to cancel and stop payments such as ending the agreement in writing by email or letter
- how much notice needed to cancel the agreement. This can be up to a maximum of 30 days
- any initial fixed term for example 3, 6 or 12 months
- must include any termination fees for cancelling in the initial fixed term period.
Fitness service obligations
A fitness service must:
- contact consumers before the end of the initial fixed term to allow a consumer time to cancel without any fees
- state in all agreements, the membership will continue after the initial fixed term until the consumer cancels it in writing
- respond to cancellation requests within seven days
- keep a record of cancellation requests and responses.
Changing the membership agreement
Carefully check the terms of the agreement before you sign it. The agreement can only be changed later with the consent of both parties.
You may cross out clauses you consider unfair or add new clauses. For example, adding a clause allowing you to temporarily suspend your membership for travel, injury or illness.
Any changes or additions must be initialled and dated by you and the fitness service representative.
Cooling-off period
All new memberships must have a seven-day cooling-off period. You can cancel your membership, without the need to provide a reason, within this time.
Cancelling a gym or fitness membership
In Western Australia, consumers can cancel fitness services at any time by letter or email. You do not have to give notice in person.
Cancelling direct debits
The fitness supplier is responsible for cancelling third-party direct debit payments.
Cancelling notice periods and fees
Check your agreement for how much notice you need to give to cancel the agreement. It cannot be more than 30 days.
The fitness supplier can charge a termination fee if:
- it was past the seven-day cooling-off period
- the fee was stated in your membership agreement.
How to cancel a gym or fitness service
You can use the sample text below. Keep a copy of any emails or letters and notes of conversations.
Make sure you ask for written confirmation of cancellation via email or letter.
Ask for written confirmation If cancelling in person. Make a note of the time, date, and the staff member name you spoke to.
The fitness supplier may charge for:
- administration costs
- any fitness services you have already used.
Your fitness supplier must refund any unused time for pre-paid agreement.
The refund:
- can exclude the notice period.
- must be provided within 14 days.
Cancellation notice sample
Copy and paste the below text to help you cancel a fitness membership
(include Date)
Dear XYZ Health Club
Please cancel my membership agreement in line with the WA Fitness Industry Code of Practice (Note: add ‘mandatory cooling-off period’ if relevant).
My membership number is xxxx.
Please confirm you have received this cancellation as soon as possible. Please refund any fees owing within 14 days, as per the code.
Sincerely,
Sam Citizen
Problems with a fitness service
The first thing you should do if you have a problem is try talking it out. Most businesses will want to do the right thing and address your concerns.
The Fitness Code requires all fitness services to:
- have a formal complaint process in place
- provide information to clients on how to lodge a complaint
- respond to clients’ complaints.
The business must handle a formal written complaint by
- trying to resolve the complaint as quickly as possible
- responding to you, confirming your complaint has been received
- keeping a record of the complaint file.
Follow our steps on how to make a complaint if you need help.
You can contact us for help if you are unhappy with the fitness supplier's response.
You can also contact Fitness Australia if the fitness supplier is a member. Fitness Australia is the national industry body for the fitness sector.
Need help?
If you are unsure of your rights, call the Consumer Protection’s contact centre on 1300 30 40 54 or by email.