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.

Fitness contracts

Fitness contracts must cover:

• the cooling-off period
• the initial or fixed term (dates) for the supply of the service
• how to cancel the agreement, see more on cooling-off and cancelling a fitness service page
• 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 suppliers and their employees’ qualifications and professional registrations if requested.

Other important information:

• Read agreements carefully before signing or accepting the terms and conditions. A fitness membership agreement is a legally binding contract.
• If it was sent electronically, print it out to read before accepting it.
• Take your time to consider if the terms and conditions are right for you and walk away if they are not.
• Full disclosure of fees and services must be provided.
• Carefully check the terms direct debit agreements before you authorise them. 

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.
• may be cheaper than other options, but you risk losing money if the business closes before your membership ends.

Ongoing membership agreements

Ongoing membership agreements:

• are paid by instalments e.g. weekly or monthly, taken directly from your credit or debit bank account. 
• payments will continue until you end it in writing by email or letter.
• must state how much notice needed to cancel the agreement. This can be up to a maximum of 30 days.
• usually have an initial fixed term - this must be clearly stated in the agreement
• 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. This allows consumers time to cancel without any fees;
• state in all agreements that after the initial fixed term, the membership will continue until the consumer cancels it in writing; and
• 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.

Before signing, 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 and cancelling a fitness service

The cooling-off and cancelling a fitness service page has tips on cancelling your fitness agreement, including sample text for a cancellation email / letter.

Problems with a fitness services

If you have a problem with your fitness service the first thing you should do is tell them about it.  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.

If you have to make a formal written complaint, the business must:

• try to resolve the complaint as quickly as possible;
• respond to you, confirming your complaint has been received; 
• keep a record of the complaint file.

If you need help, follow our step-by-step complaint guide. Our guide will take you through the complaint process including sample phone scripts and letters.

If you are unhappy with the fitness supplier's response to your complaint contact us for help. 

If the fitness supplier is a member of Fitness Australia, the peak body for the fitness industry, you can also contact them for help.

Need help?

If you are unsure of your rights, call the Consumer Protection’s contact centre on 1300 30 40 54 or by email.