You signed up to a gym, bought the fancy water bottle, and maybe even attended a few classes. But now your enthusiasm for early-morning gains or after-work downward dog is running on empty.
Before you resign yourself to months of paying for a membership you never use, you’ll be pleased to know you are protected by Western Australian law when it comes to fitness service providers.
The Fitness Industry Code of Practice (the code) applies to gyms and fitness centres, and providers such as personal trainers, boot camps and yoga classes.
Issues with cancelling memberships is the most common complaint Consumer Protection receives when it comes to fitness service providers.
Should you decide the gym is no longer for you, you do not need to attend in-person to cancel your membership, and you will not be required to use a specific form. Cancellations can be requested by a simple email, with the membership to finish no more than 30-days from the date you gave notice.
You should receive written confirmation of your request to cancel within seven days and the provider should let you know the amount and date of the last payment, which could include a reasonable termination fee. After this, any direct debits should automatically stop. It’s also up to the fitness provider to cancel the direct debit with any third party they use to collect fees.
If you can no longer continue your membership due to illness or injury, then your written notice to the provider must also include a medical certificate. In this case, the cancellation will occur immediately, and you can only be charged for any fitness services you have already used but not paid for.
Cooling off periods are in force for new memberships meaning you have up to seven days to cancel and you should only pay for administration costs or services used.
High pressure sales tactics and harassment can sometimes follow a cancellation request, but these practices are banned under the code.
Keeping up training? Then it’s worth giving your membership agreement a health check to make sure it includes a summary statement to help you understand your responsibilities and it should also state whether it involves an ongoing month-to-month renewal or is a fixed term contract of no longer than 12 months. You must be notified before your membership is automatically renewed.
For more information on the Fitness Industry Code of Practice visit: https://www.consumerprotection.wa.gov.au/publications/was-fitness-code
If you think your fitness service provider is breaching the code, try and resolve it with them first. Otherwise, call 1300 30 40 54 or email consumer@demirs.wa.gov.au for advice.