Fitness businesses

Details on how to cancel a membership must be in all membership agreements. 

• Members can cancel an agreement by giving notice in writing, such as an email.
• There does not need a specific form to cancel
• A fitness service supplier must cancel any linked direct debit agreements.

Members can cancel in the seven-day cooling-off period by giving written notice.

The fitness service can charge the member a fee for:

• administration costs, if specified in the agreement; and
• any fitness services you have already used and not paid for.

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:

• giving notice in writing; and
• providing a medical certificate that confirms the permanent illness or incapacity.

The cancellation will take effect immediately.

The fitness service can charge a fee for any fitness services the member has already used but not paid for.

Members can cancel for any other reason by giving written notice.

The membership will finish after:

• the end of any notice period specified in the agreement; and
• no more than 30 days from the date they provided written notice.

The fitness service can continue to charge for the agreement notice.

A membership agreement must start with an agreement summary.

The summary gives consumers an overview of the key terms and cost of the membership.

An agreement summary must include:

• a statement explaining the seven-day cancellation cooling-off period
• a description of the fitness services you will supply
• the length of the agreement
• key end dates:
  • of a fixed term agreement, or
  • the initial term of an ongoing agreement
• all fees and charges payable including
  • the total amount payable
  • when each fee or charge is payable
  • the service or good each fee or charge relates to
• any exclusions, limitations or restrictions on the supply of the fitness services.

Membership agreements should be written in plain English, be easy to understand and include:

• the supplier’s name and address
• the  supplier’s Australian Company Number (if applicable)
• the supplier’s and client’s rights and obligations
• the date and time on which the cooling-off period starts
• how payments are made under the agreement
• the service, or services, you will provide under the agreement
• details of any third party payment agreement (direct debit)
• fixed term agreements:
  • the start and end dates
• ongoing agreements:
  • a statement saying it will continue until it is cancelled (in writing)
  • the date the supplier will contact the member to let them know the initial term has ended
• the client's right to cancel.  This includes in the cooling-off period, or for permanent illness or incapacity
• how to cancel the agreement including electronically
• a requirement for  a parent or guardian of anyone under the age of 18 to sign the membership agreement.

​All fees must be clearly stated. Any termination fees must be fair and reflect the actual business cost. 

Other information can be included in the membership agreement as long as it does not conflict with the requirements in the:

• Fitness Code or
• Australian Consumer Law (WA).

For example, a clause allowing members to suspend their agreement for travel, illness or injury.

The code has specific disclosure requirements to help consumers compare and understand options. Transparent pricing makes comparisons easier. A fitness service must publicly provide:

• a clear description of the service
• the monthly or fortnightly charges
• detail of any other fees including fees for early termination
• the minimum term for any contract (if any)
• any exclusions or important conditions, limitations or restrictions
• the total minimum cost associated with membership.

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. This includes client confidentiality, being truthful and having an ethical sales process.

A supplier must:

• provide information to a member on how to lodge a complaint.
• make every effort to resolve the complaint quickly and fairly.
• record the complaint on file
• inform the member in writing that it has been received.