{"id":"qld:sl-2003-0065","name":"Fair Trading (Code of Practice—Fitness Industry) Regulation 2003","slug":"fair-trading-code-of-practice-fitness-industry-regulation-2003","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"65 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175866,"registerId":"qld-qld:sl-2003-0065-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"sch-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sch-sec.1","sectionType":"section","heading":"Title","content":"### sch-sec.1 Title\n\nThis code of practice may be cited as the Fitness Industry Code of Practice.","sortOrder":1},{"sectionNumber":"sch-sec.2","sectionType":"section","heading":"Object of code","content":"### sch-sec.2 Object of code\n\nThe object of this code is to—\nensure appropriate standards of trading are maintained in the fitness industry; and\npromote client confidence in the fitness industry; and\nensure fitness services are supplied to clients in an ethical and professional way, taking into account the interests of clients; and\nestablish rights and obligations between suppliers and clients for—\nfitness services offered and supplied; and\nthe disclosure of all information relevant to clients entering into agreements for fitness services.\n- (a) ensure appropriate standards of trading are maintained in the fitness industry; and\n- (b) promote client confidence in the fitness industry; and\n- (c) ensure fitness services are supplied to clients in an ethical and professional way, taking into account the interests of clients; and\n- (d) establish rights and obligations between suppliers and clients for— (i) fitness services offered and supplied; and (ii) the disclosure of all information relevant to clients entering into agreements for fitness services.\n- (i) fitness services offered and supplied; and\n- (ii) the disclosure of all information relevant to clients entering into agreements for fitness services.\n- (i) fitness services offered and supplied; and\n- (ii) the disclosure of all information relevant to clients entering into agreements for fitness services.","sortOrder":2},{"sectionNumber":"sch-sec.3","sectionType":"section","heading":"Definitions","content":"### sch-sec.3 Definitions\n\nThe dictionary in the schedule defines particular words used in this code.","sortOrder":3},{"sectionNumber":"sch-sec.4","sectionType":"section","heading":"Meaning of fitness service","content":"### sch-sec.4 Meaning of fitness service\n\nA fitness service includes the following—\nan exercise consultation;\na supervised or unsupervised individual exercise program;\na group exercise program;\na fitness program;\nfitness equipment at a fitness centre for use by clients.\nA fitness service does not include any of the following—\na service supplied by—\na doctor in the course of the doctor’s profession; or\na physiotherapist in the course of the physiotherapist’s profession; or\na sporting club or organisation, for the playing of, or training for, a competitive sport; or\nan educational institution, as part of the institution’s curriculum;\nif no other fitness service is supplied—\nthe use of a spa bath, sauna bath, swimming pool or similar facility; or\nfitness equipment at a fitness centre attached to a hotel for use by a person staying at the hotel;\na service at a fitness centre for the sole purpose of medical rehabilitation;\na service for an unsupervised outdoor activity;\nthe hire of a court or other facility for playing sport.\nIn this section—\nexercise consultation , for a client, means a questionnaire or fitness assessment completed before or after exercising.\nphysiotherapist means a person registered under the Health Practitioner Regulation National Law to practise in the physiotherapy profession, other than as a student.\nsch s 4 amd 2010 SL No. 108 s 20\n(sch-sec.4-ssec.1) A fitness service includes the following— an exercise consultation; a supervised or unsupervised individual exercise program; a group exercise program; a fitness program; fitness equipment at a fitness centre for use by clients.\n(sch-sec.4-ssec.2) A fitness service does not include any of the following— a service supplied by— a doctor in the course of the doctor’s profession; or a physiotherapist in the course of the physiotherapist’s profession; or a sporting club or organisation, for the playing of, or training for, a competitive sport; or an educational institution, as part of the institution’s curriculum; if no other fitness service is supplied— the use of a spa bath, sauna bath, swimming pool or similar facility; or fitness equipment at a fitness centre attached to a hotel for use by a person staying at the hotel; a service at a fitness centre for the sole purpose of medical rehabilitation; a service for an unsupervised outdoor activity; the hire of a court or other facility for playing sport.\n(sch-sec.4-ssec.3) In this section— exercise consultation , for a client, means a questionnaire or fitness assessment completed before or after exercising. physiotherapist means a person registered under the Health Practitioner Regulation National Law to practise in the physiotherapy profession, other than as a student.\n- (a) an exercise consultation;\n- (b) a supervised or unsupervised individual exercise program;\n- (c) a group exercise program;\n- (d) a fitness program;\n- (e) fitness equipment at a fitness centre for use by clients.\n- (a) a service supplied by— (i) a doctor in the course of the doctor’s profession; or (ii) a physiotherapist in the course of the physiotherapist’s profession; or (iii) a sporting club or organisation, for the playing of, or training for, a competitive sport; or (iv) an educational institution, as part of the institution’s curriculum;\n- (i) a doctor in the course of the doctor’s profession; or\n- (ii) a physiotherapist in the course of the physiotherapist’s profession; or\n- (iii) a sporting club or organisation, for the playing of, or training for, a competitive sport; or\n- (iv) an educational institution, as part of the institution’s curriculum;\n- (b) if no other fitness service is supplied— (i) the use of a spa bath, sauna bath, swimming pool or similar facility; or (ii) fitness equipment at a fitness centre attached to a hotel for use by a person staying at the hotel;\n- (i) the use of a spa bath, sauna bath, swimming pool or similar facility; or\n- (ii) fitness equipment at a fitness centre attached to a hotel for use by a person staying at the hotel;\n- (c) a service at a fitness centre for the sole purpose of medical rehabilitation;\n- (d) a service for an unsupervised outdoor activity;\n- (e) the hire of a court or other facility for playing sport.\n- (i) a doctor in the course of the doctor’s profession; or\n- (ii) a physiotherapist in the course of the physiotherapist’s profession; or\n- (iii) a sporting club or organisation, for the playing of, or training for, a competitive sport; or\n- (iv) an educational institution, as part of the institution’s curriculum;\n- (i) the use of a spa bath, sauna bath, swimming pool or similar facility; or\n- (ii) fitness equipment at a fitness centre attached to a hotel for use by a person staying at the hotel;","sortOrder":4},{"sectionNumber":"sch-sec.5","sectionType":"section","heading":"Compliance with code","content":"### sch-sec.5 Compliance with code\n\nThis code contains provisions with which a supplier must comply.\nContravention of this code is a ground for—\nseeking an undertaking under the Act , section 91I\nobtaining an injunction under the Act , section 98\nseeking an order for compensation or other remedial order under the Act , section 100 .\nWithout limiting subsection (1) , the supplier must comply with the code even though—\na client asks the supplier to do something contrary to the code; or\nif the supplier is an employee, the supplier’s employer asks the supplier to do something contrary to the code.\n(sch-sec.5-ssec.1) This code contains provisions with which a supplier must comply. Contravention of this code is a ground for— seeking an undertaking under the Act , section 91I obtaining an injunction under the Act , section 98 seeking an order for compensation or other remedial order under the Act , section 100 .\n(sch-sec.5-ssec.2) Without limiting subsection (1) , the supplier must comply with the code even though— a client asks the supplier to do something contrary to the code; or if the supplier is an employee, the supplier’s employer asks the supplier to do something contrary to the code.\n- • seeking an undertaking under the Act , section 91I\n- • obtaining an injunction under the Act , section 98\n- • seeking an order for compensation or other remedial order under the Act , section 100 .\n- (a) a client asks the supplier to do something contrary to the code; or\n- (b) if the supplier is an employee, the supplier’s employer asks the supplier to do something contrary to the code.","sortOrder":5},{"sectionNumber":"sch-pt.2","sectionType":"part","heading":"General rules of conduct","content":"# General rules of conduct","sortOrder":6},{"sectionNumber":"sch-sec.6","sectionType":"section","heading":"Claiming membership or endorsement","content":"### sch-sec.6 Claiming membership or endorsement\n\nA supplier must not falsely claim to be a member of, or endorsed by, an organisation or association.\nA supplier must take reasonable steps to ensure an employee of the supplier does not falsely claim to be a member of, or endorsed by, an organisation or association.\n(sch-sec.6-ssec.1) A supplier must not falsely claim to be a member of, or endorsed by, an organisation or association.\n(sch-sec.6-ssec.2) A supplier must take reasonable steps to ensure an employee of the supplier does not falsely claim to be a member of, or endorsed by, an organisation or association.","sortOrder":7},{"sectionNumber":"sch-sec.7","sectionType":"section","heading":"High pressure tactics, harassment or unconscionable conduct","content":"### sch-sec.7 High pressure tactics, harassment or unconscionable conduct\n\nA supplier at a fitness centre must not engage in high pressure tactics, harassment or unconscionable conduct for the purpose of entering into a membership agreement with a client.\nA supplier at a fitness centre must take reasonable steps to ensure an employee of the supplier does not engage in high pressure tactics, harassment or unconscionable conduct for the purpose of entering into a membership agreement with a client.\nUsing, or getting a third party to use, threatening or intimidating language or behaviour towards a client.\nEngaging in conduct that would make an ordinary person feel unwillingly compelled to comply with a supplier’s request or demand.\nTaking unfair advantage of a supplier’s superior bargaining position relative to a client.\nRequiring a client to comply with conditions not reasonably necessary for the protection of a supplier’s legitimate interests.\nIf it is reasonably apparent a client can not understand relevant documents, taking unfair advantage of the client’s lack of understanding.\nExerting undue influence or pressure on, or using unfair tactics against, a client.\n(sch-sec.7-ssec.1) A supplier at a fitness centre must not engage in high pressure tactics, harassment or unconscionable conduct for the purpose of entering into a membership agreement with a client.\n(sch-sec.7-ssec.2) A supplier at a fitness centre must take reasonable steps to ensure an employee of the supplier does not engage in high pressure tactics, harassment or unconscionable conduct for the purpose of entering into a membership agreement with a client. Using, or getting a third party to use, threatening or intimidating language or behaviour towards a client. Engaging in conduct that would make an ordinary person feel unwillingly compelled to comply with a supplier’s request or demand. Taking unfair advantage of a supplier’s superior bargaining position relative to a client. Requiring a client to comply with conditions not reasonably necessary for the protection of a supplier’s legitimate interests. If it is reasonably apparent a client can not understand relevant documents, taking unfair advantage of the client’s lack of understanding. Exerting undue influence or pressure on, or using unfair tactics against, a client.\n- 1 Using, or getting a third party to use, threatening or intimidating language or behaviour towards a client.\n- 2 Engaging in conduct that would make an ordinary person feel unwillingly compelled to comply with a supplier’s request or demand.\n- 1 Taking unfair advantage of a supplier’s superior bargaining position relative to a client.\n- 2 Requiring a client to comply with conditions not reasonably necessary for the protection of a supplier’s legitimate interests.\n- 3 If it is reasonably apparent a client can not understand relevant documents, taking unfair advantage of the client’s lack of understanding.\n- 4 Exerting undue influence or pressure on, or using unfair tactics against, a client.","sortOrder":8},{"sectionNumber":"sch-sec.8","sectionType":"section","heading":"Soliciting through false or misleading advertisements or communications","content":"### sch-sec.8 Soliciting through false or misleading advertisements or communications\n\nA supplier at a fitness centre must not solicit clients through false or misleading advertisements or other communications the supplier knows are false or misleading.\nA supplier must not tell a client a reward or gift is free if the fitness services to which it relates is increased in price or decreased in quality because of the reward or gift.\nWithout limiting subsection (1) , a supplier must not make deliberately misleading or false comparisons with a fitness service supplied by another supplier.\nA supplier at a fitness centre must take reasonable steps to ensure an employee of the supplier does not solicit clients through false or misleading advertisements or other communications the supplier knows are false or misleading.\nA supplier must take reasonable steps to ensure an employee does not tell a client a reward or gift is free if the fitness services to which it relates is increased in price or decreased in quality because of the reward or gift.\nWithout limiting subsection (3) , a supplier must take reasonable steps to ensure an employee of the supplier does not make deliberately misleading or false comparisons with a fitness service supplied by another supplier.\n(sch-sec.8-ssec.1) A supplier at a fitness centre must not solicit clients through false or misleading advertisements or other communications the supplier knows are false or misleading. A supplier must not tell a client a reward or gift is free if the fitness services to which it relates is increased in price or decreased in quality because of the reward or gift.\n(sch-sec.8-ssec.2) Without limiting subsection (1) , a supplier must not make deliberately misleading or false comparisons with a fitness service supplied by another supplier.\n(sch-sec.8-ssec.3) A supplier at a fitness centre must take reasonable steps to ensure an employee of the supplier does not solicit clients through false or misleading advertisements or other communications the supplier knows are false or misleading. A supplier must take reasonable steps to ensure an employee does not tell a client a reward or gift is free if the fitness services to which it relates is increased in price or decreased in quality because of the reward or gift.\n(sch-sec.8-ssec.4) Without limiting subsection (3) , a supplier must take reasonable steps to ensure an employee of the supplier does not make deliberately misleading or false comparisons with a fitness service supplied by another supplier.","sortOrder":9},{"sectionNumber":"sch-sec.9","sectionType":"section","heading":"Signs at fitness centre","content":"### sch-sec.9 Signs at fitness centre\n\nA supplier at a fitness centre must display a sign complying with subsections (2) to (5) .\nThe sign must be displayed in a conspicuous position so it is clearly visible to a person who enters the fitness centre.\nDisplay in a prominent position on the reception counter.\nDisplay at eye level on a wall that clients view on first entering the fitness centre.\nThe sign must have the following statement—\n‘If you believe there is a risk to your health by participating in a fitness service at this fitness centre, you must inform the supplier in writing about the risk.’.\nThe statement must be immediately followed by another statement—\n‘If you are a casual client, you must assess your fitness level, ability to exercise and risk to your health by participating in a fitness service at this fitness centre.’.\nHowever, a supplier also complies with subsections (3) and (4) if the statements substantially comply with the subsections.\nThe statements must be—\neasily legible; and\nin a colour contrasting distinctly with the background colour of the sign; and\nconspicuous to a person looking at the sign.\n(sch-sec.9-ssec.1) A supplier at a fitness centre must display a sign complying with subsections (2) to (5) .\n(sch-sec.9-ssec.2) The sign must be displayed in a conspicuous position so it is clearly visible to a person who enters the fitness centre. Display in a prominent position on the reception counter. Display at eye level on a wall that clients view on first entering the fitness centre.\n(sch-sec.9-ssec.3) The sign must have the following statement— ‘If you believe there is a risk to your health by participating in a fitness service at this fitness centre, you must inform the supplier in writing about the risk.’.\n(sch-sec.9-ssec.4) The statement must be immediately followed by another statement— ‘If you are a casual client, you must assess your fitness level, ability to exercise and risk to your health by participating in a fitness service at this fitness centre.’.\n(sch-sec.9-ssec.5) However, a supplier also complies with subsections (3) and (4) if the statements substantially comply with the subsections.\n(sch-sec.9-ssec.6) The statements must be— easily legible; and in a colour contrasting distinctly with the background colour of the sign; and conspicuous to a person looking at the sign.\n- 1 Display in a prominent position on the reception counter.\n- 2 Display at eye level on a wall that clients view on first entering the fitness centre.\n- (a) easily legible; and\n- (b) in a colour contrasting distinctly with the background colour of the sign; and\n- (c) conspicuous to a person looking at the sign.","sortOrder":10},{"sectionNumber":"sch-pt.3","sectionType":"part","heading":"Disclosure and confidentiality","content":"# Disclosure and confidentiality","sortOrder":11},{"sectionNumber":"sch-sec.10","sectionType":"section","heading":"Disclosure of information about fitness services","content":"### sch-sec.10 Disclosure of information about fitness services\n\nA supplier must—\nensure enough information is available to a client about a fitness service to enable the client to make an informed decision about using the fitness service; and\nensure promotional material about a fitness service—\nis truthful, accurate and unambiguous; and\ndoes not encourage unrealistic expectations of outcomes achievable from the fitness service.\n- (a) ensure enough information is available to a client about a fitness service to enable the client to make an informed decision about using the fitness service; and\n- (b) ensure promotional material about a fitness service— (i) is truthful, accurate and unambiguous; and (ii) does not encourage unrealistic expectations of outcomes achievable from the fitness service.\n- (i) is truthful, accurate and unambiguous; and\n- (ii) does not encourage unrealistic expectations of outcomes achievable from the fitness service.\n- (i) is truthful, accurate and unambiguous; and\n- (ii) does not encourage unrealistic expectations of outcomes achievable from the fitness service.","sortOrder":12},{"sectionNumber":"sch-sec.11","sectionType":"section","heading":"Availability of code","content":"### sch-sec.11 Availability of code\n\nA supplier must—\nhave a copy of this code available for perusal by a client; and\nif asked by a client, promptly tell the client where to obtain a copy of this code.\nThis code may be purchased from the Queensland Government Service Centre located at Plaza level, 33 Charlotte Street, Brisbane, or accessed at www.legislation.qld.gov.au.\n- (a) have a copy of this code available for perusal by a client; and\n- (b) if asked by a client, promptly tell the client where to obtain a copy of this code.","sortOrder":13},{"sectionNumber":"sch-sec.12","sectionType":"section","heading":"Disclosure of information about fitness centre","content":"### sch-sec.12 Disclosure of information about fitness centre\n\nBefore a client enters into a membership agreement with a supplier, the supplier must—\ngive the client a copy of the membership agreement, the rules of the fitness centre and other information to enable the client to make an informed decision about entering into the agreement; and\nif the client enters into the membership agreement after the fitness centre opens—tell the client that the client may inspect the fitness centre.\nSee section 23 (Notifying client of opening of fitness centre) for when a client may inspect a fitness centre if the client enters into the membership agreement before the fitness centre opens.\nThe supplier must have a copy of the rules available at the fitness centre for perusal by a client.\nIf—\na rule is added to the rules of the fitness centre (a new rule ); or\na rule of the fitness centre is changed;\nthe new rule or change to the rule must be displayed for 2 months in a conspicuous position so it is clearly visible to a person who enters the fitness centre.\n(sch-sec.12-ssec.1) Before a client enters into a membership agreement with a supplier, the supplier must— give the client a copy of the membership agreement, the rules of the fitness centre and other information to enable the client to make an informed decision about entering into the agreement; and if the client enters into the membership agreement after the fitness centre opens—tell the client that the client may inspect the fitness centre. See section 23 (Notifying client of opening of fitness centre) for when a client may inspect a fitness centre if the client enters into the membership agreement before the fitness centre opens.\n(sch-sec.12-ssec.2) The supplier must have a copy of the rules available at the fitness centre for perusal by a client.\n(sch-sec.12-ssec.3) If— a rule is added to the rules of the fitness centre (a new rule ); or a rule of the fitness centre is changed; the new rule or change to the rule must be displayed for 2 months in a conspicuous position so it is clearly visible to a person who enters the fitness centre.\n- (a) give the client a copy of the membership agreement, the rules of the fitness centre and other information to enable the client to make an informed decision about entering into the agreement; and\n- (b) if the client enters into the membership agreement after the fitness centre opens—tell the client that the client may inspect the fitness centre. Editor’s note— See section 23 (Notifying client of opening of fitness centre) for when a client may inspect a fitness centre if the client enters into the membership agreement before the fitness centre opens.\n- (a) a rule is added to the rules of the fitness centre (a new rule ); or\n- (b) a rule of the fitness centre is changed;","sortOrder":14},{"sectionNumber":"sch-sec.13","sectionType":"section","heading":"Confidentiality","content":"### sch-sec.13 Confidentiality\n\nA supplier must not use or disclose confidential information about a client obtained through the supplier’s business of supplying fitness services to the client.\nSubsection (1) does not apply to information—\nused or disclosed for a purpose authorised in writing by the client; or\nthat must be lawfully used or disclosed.\nTo comply with legal process.\nA supplier must take reasonable steps to ensure an employee of the supplier does not use or disclose confidential information about a client obtained through the supplier’s business of supplying fitness services to the client.\nIn this section—\nclient includes a former client.\nsupplier includes a former supplier.\n(sch-sec.13-ssec.1) A supplier must not use or disclose confidential information about a client obtained through the supplier’s business of supplying fitness services to the client.\n(sch-sec.13-ssec.2) Subsection (1) does not apply to information— used or disclosed for a purpose authorised in writing by the client; or that must be lawfully used or disclosed. To comply with legal process.\n(sch-sec.13-ssec.3) A supplier must take reasonable steps to ensure an employee of the supplier does not use or disclose confidential information about a client obtained through the supplier’s business of supplying fitness services to the client.\n(sch-sec.13-ssec.4) In this section— client includes a former client. supplier includes a former supplier.\n- (a) used or disclosed for a purpose authorised in writing by the client; or\n- (b) that must be lawfully used or disclosed. Example of when information must be ‘lawfully used or disclosed’— To comply with legal process.","sortOrder":15},{"sectionNumber":"sch-pt.4","sectionType":"part","heading":"Membership agreements","content":"# Membership agreements","sortOrder":16},{"sectionNumber":"sch-pt.4-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":17},{"sectionNumber":"sch-sec.14","sectionType":"section","heading":"Meaning of cooling-off period","content":"### sch-sec.14 Meaning of cooling-off period\n\nThe cooling-off period , for a client entering into a membership agreement with a supplier, starts—\nif the client enters into the agreement before the fitness centre opens—\nif the fitness centre opens on the proposed opening day—on that day; or\nif the fitness centre opens on a new opening day and the fitness centre has not opened when the supplier notifies the client of the new opening day—on that day; or\nif the fitness centre opens on a new opening day and the fitness centre has opened when the supplier notifies the client of the new opening day—when the client receives notice that the fitness centre has opened; or\nif the client enters into the agreement with the supplier after the fitness centre opens—the day the client enters into the agreement with the supplier.\nThe cooling-off period ends 48 hours after the cooling-off period starts.\n(sch-sec.14-ssec.1) The cooling-off period , for a client entering into a membership agreement with a supplier, starts— if the client enters into the agreement before the fitness centre opens— if the fitness centre opens on the proposed opening day—on that day; or if the fitness centre opens on a new opening day and the fitness centre has not opened when the supplier notifies the client of the new opening day—on that day; or if the fitness centre opens on a new opening day and the fitness centre has opened when the supplier notifies the client of the new opening day—when the client receives notice that the fitness centre has opened; or if the client enters into the agreement with the supplier after the fitness centre opens—the day the client enters into the agreement with the supplier.\n(sch-sec.14-ssec.2) The cooling-off period ends 48 hours after the cooling-off period starts.\n- (a) if the client enters into the agreement before the fitness centre opens— (i) if the fitness centre opens on the proposed opening day—on that day; or (ii) if the fitness centre opens on a new opening day and the fitness centre has not opened when the supplier notifies the client of the new opening day—on that day; or (iii) if the fitness centre opens on a new opening day and the fitness centre has opened when the supplier notifies the client of the new opening day—when the client receives notice that the fitness centre has opened; or\n- (i) if the fitness centre opens on the proposed opening day—on that day; or\n- (ii) if the fitness centre opens on a new opening day and the fitness centre has not opened when the supplier notifies the client of the new opening day—on that day; or\n- (iii) if the fitness centre opens on a new opening day and the fitness centre has opened when the supplier notifies the client of the new opening day—when the client receives notice that the fitness centre has opened; or\n- (b) if the client enters into the agreement with the supplier after the fitness centre opens—the day the client enters into the agreement with the supplier.\n- (i) if the fitness centre opens on the proposed opening day—on that day; or\n- (ii) if the fitness centre opens on a new opening day and the fitness centre has not opened when the supplier notifies the client of the new opening day—on that day; or\n- (iii) if the fitness centre opens on a new opening day and the fitness centre has opened when the supplier notifies the client of the new opening day—when the client receives notice that the fitness centre has opened; or","sortOrder":18},{"sectionNumber":"sch-pt.4-div.2","sectionType":"division","heading":"Supplier’s obligations before entering into membership agreements","content":"## Supplier’s obligations before entering into membership agreements","sortOrder":19},{"sectionNumber":"sch-sec.15","sectionType":"section","heading":"Disclosure of fees","content":"### sch-sec.15 Disclosure of fees\n\nBefore a client enters into a membership agreement with a supplier, the supplier must give the client a clearly expressed written statement containing the following—\neach fee the client must pay to the supplier under the membership agreement;\nfor what fitness service or fitness services each fee is payable;\nwhen each fee is payable;\nthe total amount of fees payable under the agreement.\nEach of the following fees must be disclosed—\nthe initial fee for joining the fitness centre;\nthe fee for membership ( membership fee );\nthe fee for each visit to the fitness centre;\nthe fee for fitness services provided at the centre;\nthe fee for administration if the client terminates the agreement during the cooling-off period or because of the client’s permanent sickness or physical incapacity ( administration fee );\nthe fee for terminating the agreement if the client terminates other than during the cooling-off period or because of the client’s permanent sickness or physical incapacity ( termination fee );\nif there is a fee to transfer membership to another fitness centre or another person—the fee;\nif there is a fee to suspend membership—the fee;\nany other fee payable, or that may be payable.\nIf a supplier offers a fitness service free or discounted under a membership agreement, each of the following must be disclosed in the statement mentioned in subsection (1) —\nthe usual fee for the fitness service before the offer is made;\nif the usual fee for the fitness service is increased before the offer is made—the increase in the fee;\nif the fitness service is decreased in quality or restricted in any way because of the offer—the decrease in quality of, or the restriction on, the fitness service.\n(sch-sec.15-ssec.1) Before a client enters into a membership agreement with a supplier, the supplier must give the client a clearly expressed written statement containing the following— each fee the client must pay to the supplier under the membership agreement; for what fitness service or fitness services each fee is payable; when each fee is payable; the total amount of fees payable under the agreement.\n(sch-sec.15-ssec.2) Each of the following fees must be disclosed— the initial fee for joining the fitness centre; the fee for membership ( membership fee ); the fee for each visit to the fitness centre; the fee for fitness services provided at the centre; the fee for administration if the client terminates the agreement during the cooling-off period or because of the client’s permanent sickness or physical incapacity ( administration fee ); the fee for terminating the agreement if the client terminates other than during the cooling-off period or because of the client’s permanent sickness or physical incapacity ( termination fee ); if there is a fee to transfer membership to another fitness centre or another person—the fee; if there is a fee to suspend membership—the fee; any other fee payable, or that may be payable.\n(sch-sec.15-ssec.3) If a supplier offers a fitness service free or discounted under a membership agreement, each of the following must be disclosed in the statement mentioned in subsection (1) — the usual fee for the fitness service before the offer is made; if the usual fee for the fitness service is increased before the offer is made—the increase in the fee; if the fitness service is decreased in quality or restricted in any way because of the offer—the decrease in quality of, or the restriction on, the fitness service.\n- (a) each fee the client must pay to the supplier under the membership agreement;\n- (b) for what fitness service or fitness services each fee is payable;\n- (c) when each fee is payable;\n- (d) the total amount of fees payable under the agreement.\n- (a) the initial fee for joining the fitness centre;\n- (b) the fee for membership ( membership fee );\n- (c) the fee for each visit to the fitness centre;\n- (d) the fee for fitness services provided at the centre;\n- (e) the fee for administration if the client terminates the agreement during the cooling-off period or because of the client’s permanent sickness or physical incapacity ( administration fee );\n- (f) the fee for terminating the agreement if the client terminates other than during the cooling-off period or because of the client’s permanent sickness or physical incapacity ( termination fee );\n- (g) if there is a fee to transfer membership to another fitness centre or another person—the fee;\n- (h) if there is a fee to suspend membership—the fee;\n- (i) any other fee payable, or that may be payable.\n- (a) the usual fee for the fitness service before the offer is made;\n- (b) if the usual fee for the fitness service is increased before the offer is made—the increase in the fee;\n- (c) if the fitness service is decreased in quality or restricted in any way because of the offer—the decrease in quality of, or the restriction on, the fitness service.","sortOrder":20},{"sectionNumber":"sch-pt.4-div.3","sectionType":"division","heading":"Requirements for membership agreements","content":"## Requirements for membership agreements","sortOrder":21},{"sectionNumber":"sch-sec.16","sectionType":"section","heading":"Membership agreement to be in writing and signed","content":"### sch-sec.16 Membership agreement to be in writing and signed\n\nA supplier must ensure a membership agreement—\nis in writing, easily legible and clearly expressed; and\nis signed by the client and by or for the supplier.\nImmediately after a client enters into a membership agreement with a supplier, the supplier must give the client a copy of the signed membership agreement.\n(sch-sec.16-ssec.1) A supplier must ensure a membership agreement— is in writing, easily legible and clearly expressed; and is signed by the client and by or for the supplier.\n(sch-sec.16-ssec.2) Immediately after a client enters into a membership agreement with a supplier, the supplier must give the client a copy of the signed membership agreement.\n- (a) is in writing, easily legible and clearly expressed; and\n- (b) is signed by the client and by or for the supplier.","sortOrder":22},{"sectionNumber":"sch-sec.17","sectionType":"section","heading":"What a membership agreement must state","content":"### sch-sec.17 What a membership agreement must state\n\nA supplier entering into a membership agreement with a client must ensure the agreement states each of the following—\nthe supplier’s name and address;\nthe supplier’s and the client’s rights and obligations, including, for example, a requirement that, if the client believes there is a risk to the client’s health by participating in a fitness service at the supplier’s fitness centre, the client must inform the supplier in writing about the risk;\neach fee the client must pay to the supplier under the membership agreement;\nfor what fitness service or fitness services each fee is payable;\nif there are no fees payable for a part of the term of the agreement—the part of the term;\nwhen each fee is payable;\nthe total amount of fees payable under the agreement;\nthat the agreement is subject to a cooling-off period;\nwhen the cooling-off period starts and when it ends;\nif the supplier enters into the agreement with the client before the supplier’s fitness centre opens—the proposed opening day;\nthat the client is entitled to terminate the agreement because of the client’s permanent sickness or physical incapacity;\nthe circumstances under which the client is entitled to terminate the agreement before the membership term ends, other than during the cooling-off period or because of the client’s permanent sickness or physical incapacity;\nhow the client terminates the agreement;\nthe circumstances under which the supplier may terminate the agreement.\n- (a) the supplier’s name and address;\n- (b) the supplier’s and the client’s rights and obligations, including, for example, a requirement that, if the client believes there is a risk to the client’s health by participating in a fitness service at the supplier’s fitness centre, the client must inform the supplier in writing about the risk;\n- (c) each fee the client must pay to the supplier under the membership agreement;\n- (d) for what fitness service or fitness services each fee is payable;\n- (e) if there are no fees payable for a part of the term of the agreement—the part of the term;\n- (f) when each fee is payable;\n- (g) the total amount of fees payable under the agreement;\n- (h) that the agreement is subject to a cooling-off period;\n- (i) when the cooling-off period starts and when it ends;\n- (j) if the supplier enters into the agreement with the client before the supplier’s fitness centre opens—the proposed opening day;\n- (k) that the client is entitled to terminate the agreement because of the client’s permanent sickness or physical incapacity;\n- (l) the circumstances under which the client is entitled to terminate the agreement before the membership term ends, other than during the cooling-off period or because of the client’s permanent sickness or physical incapacity;\n- (m) how the client terminates the agreement;\n- (n) the circumstances under which the supplier may terminate the agreement.","sortOrder":23},{"sectionNumber":"sch-sec.18","sectionType":"section","heading":"Fitness services offered under membership agreement","content":"### sch-sec.18 Fitness services offered under membership agreement\n\nA supplier must take reasonable steps to ensure a fitness service offered under a membership agreement with a client is available to the client.","sortOrder":24},{"sectionNumber":"sch-pt.4-div.4","sectionType":"division","heading":"Types of membership agreements","content":"## Types of membership agreements","sortOrder":25},{"sectionNumber":"sch-sec.19","sectionType":"section","heading":"Limitation on membership agreement of more than 1 year","content":"### sch-sec.19 Limitation on membership agreement of more than 1 year\n\nThis section applies if a supplier enters into a membership agreement with a client for a term of more than 1 year.\nThe supplier must not accept prepayment from the client of fees for more than 1 year of the term.\n(sch-sec.19-ssec.1) This section applies if a supplier enters into a membership agreement with a client for a term of more than 1 year.\n(sch-sec.19-ssec.2) The supplier must not accept prepayment from the client of fees for more than 1 year of the term.","sortOrder":26},{"sectionNumber":"sch-sec.20","sectionType":"section","heading":"On-going agreement","content":"### sch-sec.20 On-going agreement\n\nA supplier who enters into an on-going agreement with a client must ensure—\nthere is a condition in the membership agreement stating the membership agreement is an on-going agreement; and\nthe client initials and dates the condition when the client signs the membership agreement; and\nthe supplier, at least 2 months before the end of the initial term of the membership agreement, gives the client written notice stating—\nwhen the initial term ends; and\nthat the membership agreement continues after the end of the initial term and ends only if and when the client terminates the membership agreement.\nIn this section—\non-going agreement means a membership agreement that—\nhas an initial term; and\ncontinues after the end of the initial term; and\nends only if and when the client terminates the membership agreement.\n(sch-sec.20-ssec.1) A supplier who enters into an on-going agreement with a client must ensure— there is a condition in the membership agreement stating the membership agreement is an on-going agreement; and the client initials and dates the condition when the client signs the membership agreement; and the supplier, at least 2 months before the end of the initial term of the membership agreement, gives the client written notice stating— when the initial term ends; and that the membership agreement continues after the end of the initial term and ends only if and when the client terminates the membership agreement.\n(sch-sec.20-ssec.2) In this section— on-going agreement means a membership agreement that— has an initial term; and continues after the end of the initial term; and ends only if and when the client terminates the membership agreement.\n- (a) there is a condition in the membership agreement stating the membership agreement is an on-going agreement; and\n- (b) the client initials and dates the condition when the client signs the membership agreement; and\n- (c) the supplier, at least 2 months before the end of the initial term of the membership agreement, gives the client written notice stating— (i) when the initial term ends; and (ii) that the membership agreement continues after the end of the initial term and ends only if and when the client terminates the membership agreement.\n- (i) when the initial term ends; and\n- (ii) that the membership agreement continues after the end of the initial term and ends only if and when the client terminates the membership agreement.\n- (i) when the initial term ends; and\n- (ii) that the membership agreement continues after the end of the initial term and ends only if and when the client terminates the membership agreement.\n- (a) has an initial term; and\n- (b) continues after the end of the initial term; and\n- (c) ends only if and when the client terminates the membership agreement.","sortOrder":27},{"sectionNumber":"sch-pt.4-div.5","sectionType":"division","heading":"Entering into membership agreements before fitness centre opens","content":"## Entering into membership agreements before fitness centre opens","sortOrder":28},{"sectionNumber":"sch-sec.21","sectionType":"section","heading":"Membership agreement allowed","content":"### sch-sec.21 Membership agreement allowed\n\nA supplier may enter into a membership agreement with a client before the supplier’s fitness centre opens.","sortOrder":29},{"sectionNumber":"sch-sec.22","sectionType":"section","heading":"No fee payable until fitness centre opens","content":"### sch-sec.22 No fee payable until fitness centre opens\n\nIf a supplier enters into a membership agreement with a client before the fitness centre opens—\nthe client is not liable to pay any fee under the agreement until the centre opens; and\nthe supplier must not collect any fee from the client until the centre opens.\n- (a) the client is not liable to pay any fee under the agreement until the centre opens; and\n- (b) the supplier must not collect any fee from the client until the centre opens.","sortOrder":30},{"sectionNumber":"sch-sec.23","sectionType":"section","heading":"Notifying client of opening of fitness centre","content":"### sch-sec.23 Notifying client of opening of fitness centre\n\nBefore a supplier enters into a membership agreement with a client, the supplier must tell the client—\nthe proposed opening day; and\nthat the client may inspect the fitness centre during the cooling-off period.\nSee section 14 (Meaning of cooling-off period ).\nIf there is a new opening day, the supplier must tell the client—\nthe new opening day; and\nthat the client may inspect the fitness centre during the cooling-off period.\nThe supplier must allow the client to inspect the fitness centre during the cooling-off period.\n(sch-sec.23-ssec.1) Before a supplier enters into a membership agreement with a client, the supplier must tell the client— the proposed opening day; and that the client may inspect the fitness centre during the cooling-off period. See section 14 (Meaning of cooling-off period ).\n(sch-sec.23-ssec.2) If there is a new opening day, the supplier must tell the client— the new opening day; and that the client may inspect the fitness centre during the cooling-off period.\n(sch-sec.23-ssec.3) The supplier must allow the client to inspect the fitness centre during the cooling-off period.\n- (a) the proposed opening day; and\n- (b) that the client may inspect the fitness centre during the cooling-off period. Editor’s note— See section 14 (Meaning of cooling-off period ).\n- (a) the new opening day; and\n- (b) that the client may inspect the fitness centre during the cooling-off period.","sortOrder":31},{"sectionNumber":"sch-pt.4-div.6","sectionType":"division","heading":"Terminating membership agreements","content":"## Terminating membership agreements","sortOrder":32},{"sectionNumber":"sch-sec.24","sectionType":"section","heading":"Terminating membership agreement during cooling-off period","content":"### sch-sec.24 Terminating membership agreement during cooling-off period\n\nA client may terminate a membership agreement with a supplier during the cooling-off period.\nSee section 14 (Meaning of cooling-off period ).\nThe client terminates the agreement by giving the supplier written notice of the termination.\nThe supplier must refund to the client the fees paid by the client to the supplier less—\nif the supplier has supplied a fitness service to the client and the client has not paid for the fitness service—the fee for the fitness service (the unpaid fee ); and\nthe administration fee.\nHowever, the supplier may deduct the unpaid fee from the refund only if the supplier has disclosed the fee to the client in the written statement given to the client before the client entered into the agreement.\nSee section 15 (Disclosure of fees).\nThe maximum administration fee a supplier can charge is the lesser of the following—\n$75;\n10% of the membership fee.\nThe supplier must pay the refund to the client within 21 days after the client terminates the agreement.\n(sch-sec.24-ssec.1) A client may terminate a membership agreement with a supplier during the cooling-off period. See section 14 (Meaning of cooling-off period ).\n(sch-sec.24-ssec.2) The client terminates the agreement by giving the supplier written notice of the termination.\n(sch-sec.24-ssec.3) The supplier must refund to the client the fees paid by the client to the supplier less— if the supplier has supplied a fitness service to the client and the client has not paid for the fitness service—the fee for the fitness service (the unpaid fee ); and the administration fee.\n(sch-sec.24-ssec.4) However, the supplier may deduct the unpaid fee from the refund only if the supplier has disclosed the fee to the client in the written statement given to the client before the client entered into the agreement. See section 15 (Disclosure of fees).\n(sch-sec.24-ssec.5) The maximum administration fee a supplier can charge is the lesser of the following— $75; 10% of the membership fee.\n(sch-sec.24-ssec.6) The supplier must pay the refund to the client within 21 days after the client terminates the agreement.\n- (a) if the supplier has supplied a fitness service to the client and the client has not paid for the fitness service—the fee for the fitness service (the unpaid fee ); and\n- (b) the administration fee.\n- (a) $75;\n- (b) 10% of the membership fee.","sortOrder":33},{"sectionNumber":"sch-sec.25","sectionType":"section","heading":"Terminating membership agreement because of sickness or incapacity","content":"### sch-sec.25 Terminating membership agreement because of sickness or incapacity\n\nA client may terminate a membership agreement with a supplier if the client cannot use a fitness service supplied under the agreement because of the client’s permanent sickness or physical incapacity.\nThe client terminates the agreement by giving the supplier—\nwritten notice of the termination; and\na medical certificate stating that the client cannot use the fitness service because of the client’s permanent sickness or physical incapacity.\nThe supplier must refund to the client a proportion of the fees paid by the client to the supplier representing the unused part of the agreement less—\nif the supplier has supplied a fitness service to the client and the client has not paid for the fitness service—the fee for the fitness service (the unpaid fee ); and\nthe administration fee.\nHowever, the supplier may deduct the unpaid fee from the refund only if the supplier has disclosed the fee to the client in the written statement given to the client before the client entered into the agreement.\nSee section 15 (Disclosure of fees).\nThe maximum administration fee a supplier can charge is the lesser of the following—\n$75;\n10% of the membership fee.\nThe supplier must pay the refund to the client within 21 days after the client terminates the agreement.\n(sch-sec.25-ssec.1) A client may terminate a membership agreement with a supplier if the client cannot use a fitness service supplied under the agreement because of the client’s permanent sickness or physical incapacity.\n(sch-sec.25-ssec.2) The client terminates the agreement by giving the supplier— written notice of the termination; and a medical certificate stating that the client cannot use the fitness service because of the client’s permanent sickness or physical incapacity.\n(sch-sec.25-ssec.3) The supplier must refund to the client a proportion of the fees paid by the client to the supplier representing the unused part of the agreement less— if the supplier has supplied a fitness service to the client and the client has not paid for the fitness service—the fee for the fitness service (the unpaid fee ); and the administration fee.\n(sch-sec.25-ssec.4) However, the supplier may deduct the unpaid fee from the refund only if the supplier has disclosed the fee to the client in the written statement given to the client before the client entered into the agreement. See section 15 (Disclosure of fees).\n(sch-sec.25-ssec.5) The maximum administration fee a supplier can charge is the lesser of the following— $75; 10% of the membership fee.\n(sch-sec.25-ssec.6) The supplier must pay the refund to the client within 21 days after the client terminates the agreement.\n- (a) written notice of the termination; and\n- (b) a medical certificate stating that the client cannot use the fitness service because of the client’s permanent sickness or physical incapacity.\n- (a) if the supplier has supplied a fitness service to the client and the client has not paid for the fitness service—the fee for the fitness service (the unpaid fee ); and\n- (b) the administration fee.\n- (a) $75;\n- (b) 10% of the membership fee.","sortOrder":34},{"sectionNumber":"sch-sec.26","sectionType":"section","heading":"Other termination of membership agreement","content":"### sch-sec.26 Other termination of membership agreement\n\nA client may terminate a membership agreement with a supplier other than under section 24 or 25 .\nThe client terminates the agreement by giving the supplier written notice of the termination.\nThe maximum termination fee the supplier can charge the client is the termination fee stated in the agreement.\nThe supplier must make every reasonable effort to respond quickly and fairly to the client’s termination of the agreement.\n(sch-sec.26-ssec.1) A client may terminate a membership agreement with a supplier other than under section 24 or 25 .\n(sch-sec.26-ssec.2) The client terminates the agreement by giving the supplier written notice of the termination.\n(sch-sec.26-ssec.3) The maximum termination fee the supplier can charge the client is the termination fee stated in the agreement.\n(sch-sec.26-ssec.4) The supplier must make every reasonable effort to respond quickly and fairly to the client’s termination of the agreement.","sortOrder":35},{"sectionNumber":"sch-pt.5","sectionType":"part","heading":"Complaints handling procedures","content":"# Complaints handling procedures","sortOrder":36},{"sectionNumber":"sch-sec.27","sectionType":"section","heading":"Complaints by client","content":"### sch-sec.27 Complaints by client\n\nA supplier must make every reasonable effort to resolve quickly and fairly a complaint made by a client about the supply of a fitness service under a membership agreement with the supplier.","sortOrder":37},{"sectionNumber":"sch-sec.28","sectionType":"section","heading":"Complaints handling procedures","content":"### sch-sec.28 Complaints handling procedures\n\nA supplier supplying a fitness service to a client under a membership agreement must make available to the client a complaints handling procedure —\nin the supplier’s own business; or\nby an industry organisation.\nThe procedure must—\nbe simple and easy to use; and\ncomply with AS ISO 10002—2006 (Customer satisfaction—Guidelines for complaints handing in organisations).\nsch s 28 amd 2009 SL No. 38 s 12\n(sch-sec.28-ssec.1) A supplier supplying a fitness service to a client under a membership agreement must make available to the client a complaints handling procedure — in the supplier’s own business; or by an industry organisation.\n(sch-sec.28-ssec.2) The procedure must— be simple and easy to use; and comply with AS ISO 10002—2006 (Customer satisfaction—Guidelines for complaints handing in organisations).\n- (a) in the supplier’s own business; or\n- (b) by an industry organisation.\n- (a) be simple and easy to use; and\n- (b) comply with AS ISO 10002—2006 (Customer satisfaction—Guidelines for complaints handing in organisations).","sortOrder":38}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating consumer transactions in the fitness industry. While detailed, the provisions all serve the core objectives stated in section 2: maintaining trading standards, promoting client confidence, ensuring ethical service delivery, and establishing clear rights and obligations. The 2010 amendment updating the physiotherapist definition reflects technical updating rather than scope expansion."},"complexity_factors":["Multiple nested conditions for calculating cooling-off periods (section 14) with branching logic for pre-opening vs post-opening agreements and delayed openings","Extensive defined terms and cross-references to the Fair Trading Act 1989 (Queensland) for enforcement mechanisms","Detailed fee disclosure requirements with 9 specific categories of fees plus conditional disclosure for discounted services (section 15)","14 mandatory elements for membership agreements (section 17) creating a compliance checklist structure","Exception-within-exception structure in termination provisions (sections 24-26) distinguishing cooling-off, medical incapacity, and other termination with different refund calculations","Incorporation of external standard AS ISO 10002—2006 by reference for complaints handling (section 28)"],"plain_english_summary":"This Queensland regulation sets out rules that gyms and fitness centres must follow when dealing with customers. It covers:\n\n**What it does:**\n- **Protects consumers** from high-pressure sales tactics, false advertising, and misleading claims about memberships or endorsements\n- **Requires clear information** about fees, services, and contract terms before anyone signs up\n- **Gives cooling-off rights** – customers can cancel within 48 hours of joining (or the gym opening) and get most of their money back\n- **Allows termination for medical reasons** – if someone becomes permanently sick or physically unable to use the gym, they can cancel and get a refund for unused time\n- **Sets display requirements** – gyms must post signs warning about health risks and telling casual users to assess their own fitness\n- **Protects privacy** – gyms can't share your personal information without permission\n- **Requires written contracts** that are easy to read and clearly state all fees, rights, and cancellation procedures\n\n**Who it affects:**\n- **Fitness suppliers** (gyms, fitness centres, personal trainers) operating in Queensland\n- **Clients** (anyone buying fitness services or signing membership agreements)\n\n**Why it matters:**\nThe fitness industry has a history of aggressive sales tactics and confusing contracts that lock people into long-term payments. This code creates enforceable standards – if a gym breaks these rules, regulators can seek court orders, compensation for customers, or injunctions to stop the behaviour. It particularly helps vulnerable consumers who might be pressured into signing contracts they don't understand or can't afford."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument remains focused on consumer protection and trade standards for the fitness industry as expressed in its object (sch-sec.2). Later amendments noted in the text (for example, an amendment to the definition provision and the update requiring compliance with AS ISO 10002—2006 at sch-sec.28) are clarifying or technical updates to standards and definitions rather than a material expansion of the Code’s original purpose. There is no evidence in the provided text of scope growth beyond protecting clients and regulating supplier conduct and contract mechanics in the fitness sector."},"complexity_factors":["Multiple operative sections (over 25 sections in the schedule) with detailed, itemised requirements (fees, signage, contract terms).","Several defined terms and a schedule dictionary referenced (sch-sec.3 and sch-sec.4) — some definitions amended by later instruments (see sch-sec.4 note).","Conditional and temporal rules for the cooling‑off period with multiple start scenarios (sch-sec.14).","Detailed, itemised fee disclosure obligations and multiple fee categories (sch-sec.15).","Refund calculations and caps with conditional deductions tied to prior disclosure (sch-sec.24–25).","Frequent use of subjective standards (\"reasonable steps\", \"reasonable effort\", \"conspicuous\", \"unconscionable conduct\") that require fact‑specific interpretation (sch-sec.5, sch-sec.7, sch-sec.9, sch-sec.12, sch-sec.13).","Cross‑references to external material and other laws: references to the Fair Trading Act remedial sections (sch-sec.5) and to AS ISO 10002—2006 for complaints handling (sch-sec.28).","Some overlapping or repeated provisions (eg multiple subsections repeating employer/employee obligations) which raise reading complexity but not legal ambiguity. ","Temporal and pre‑opening rules (sch-sec.19–23) create sequencing obligations which increase operational complexity for new centres."],"plain_english_summary":"**What this code does (mechanically)**\n\n- Sets minimum trading and disclosure rules for businesses (\"suppliers\") that offer fitness services such as exercise consultations, individual or group exercise programs, fitness programs and the use of fitness equipment at fitness centres (sch-sec.4).  It also lists services that are not covered (for example, treatments by doctors or registered physiotherapists, sporting clubs for competitive sport, certain hotel gym use and purely educational or rehabilitation services) (sch-sec.4).\n\n- Requires suppliers to follow specific conduct rules including:\n  - no false claims of membership or endorsement by organisations (sch-sec.6);\n  - no high‑pressure selling, harassment or unconscionable conduct when seeking membership agreements (sch-sec.7);\n  - no false or misleading advertising or inducements (sch-sec.8);\n  - display of a health‑risk warning sign at the reception/entry area (sch-sec.9);\n  - protection of client confidentiality, subject to lawful requirements and client authorisation (sch-sec.13).\n\n- Imposes detailed pre‑contract and contract requirements for membership agreements:\n  - Information and promotional material must enable an informed decision and not promise unrealistic outcomes (sch-sec.10);\n  - Suppliers must make the Code available to clients on request (sch-sec.11);\n  - Before signing, clients must receive a copy of the membership agreement, centre rules and other information (sch-sec.12);\n  - Agreements must be written, clearly expressed, signed and a copy given to the client immediately (sch-sec.16);\n  - Agreements must state supplier details, fees, rights and obligations, cooling‑off rights and termination rules (sch-sec.17);\n  - If an agreement term exceeds one year, the supplier cannot accept prepayment of fees for more than one year (sch-sec.19);\n  - On‑going agreements (that renew beyond an initial term) must be clearly marked, initialled and clients must receive a written reminder at least 2 months before the initial term ends (sch-sec.20).\n\n- Rules about entering contracts before a centre opens:\n  - A supplier may accept membership agreements before opening, but must not collect fees or make the client liable to pay until the centre opens (sch-sec.21–22);\n  - The supplier must tell the client the proposed (or new) opening day and allow inspection during the cooling‑off period (sch-sec.23).\n\n- Cooling‑off and termination rights, with refund rules and caps:\n  - A 48‑hour cooling‑off period applies; the start date depends on whether the contract was signed before or after opening and on notice of opening (sch-sec.14);\n  - Clients may terminate during the cooling‑off period (sch-sec.24) or for permanent sickness/incapacity with a medical certificate (sch-sec.25);\n  - Refunds must be paid within 21 days and may be reduced by any undisclosed unpaid fee for services already supplied and by an administration fee (capped at the lesser of $75 or 10% of the membership fee) (sch-sec.24–25);\n  - For other terminations the maximum fee is the termination fee stated in the agreement and suppliers must act quickly and fairly (sch-sec.26).\n\n- Complaints handling: suppliers must make a simple complaints procedure available (either in‑house or via an industry body) and comply with AS ISO 10002—2006 (sch-sec.27–28).\n\n- Enforcement: a breach of the Code is a grounds for the regulator to seek undertakings, injunctions or compensation/other orders under the Fair Trading Act (sch-sec.5). Suppliers must comply even if a client or employer asks them to act contrary to the Code (sch-sec.5).\n\n**Who is affected**\n\n- Primary duty-bearers: fitness service suppliers and their employees (all provisions refer to suppliers and require them to take reasonable steps to ensure employees comply) (sch-sec.5, sch-sec.6, sch-sec.7, sch-sec.8, sch-sec.13).\n- Primary beneficiaries: clients (current and former) who enter into membership agreements or use fitness services at covered centres.\n- Indirectly affected: businesses that market or certify fitness centres (advertising and endorsement rules), and small suppliers whose cash flow or administrative processes must change to comply (eg prepayment limits, written agreement and refund processes).\n\n**Why it matters (stated purpose and practical mechanisms)**\n\n- Stated object: to maintain appropriate trading standards in the fitness industry, promote client confidence, ensure services are supplied ethically, and set out rights and obligations between suppliers and clients (sch-sec.2).\n\n- How that purpose is implemented: by imposing prescriptive disclosure duties (fees, contract terms, opening notices), behavioural prohibitions (high‑pressure selling, misleading claims), minimum contract mechanics (written, signed, cooling‑off), confidentiality requirements, and a mandated complaints process — backed by the Fair Trading Act enforcement powers (sch-sec.5, sch-secs.10–28).\n\n**Costs, incentives and practical trade‑offs**\n\n- Compliance costs: suppliers must prepare and maintain written agreements and fee schedules, display specified signage (sch-sec.9, sch-sec.15, sch-sec.16), track and refund payments within tight timeframes (21 days for refunds — sch-sec.24–25), implement complaints procedures compliant with an Australian standard (sch-sec.28), and train staff to avoid prohibited conduct (sch-sec.6–8). These are predictable but may be proportionally heavier for small operators.\n\n- Cash‑flow and commercial effects: section 19 prevents taking prepayment of more than one year of fees for agreements longer than one year, which limits advance revenue a supplier can hold and can affect financing or investment assumptions for new centres (sch-sec.19). Section 22 also prevents fee collection before a centre opens (sch-sec.22).\n\n- Behavioural incentives: the Code reduces the financial benefit of aggressive up‑selling and long prepayment structures (sch-sec.7, sch-sec.19). Detailed disclosure and refund rules increase transparency and raise the cost of withholding information or imposing surprise fees (sch-sec.15, sch-sec.24–26).\n\n- Areas of discretion and implementation risk: the Code uses many open standards — \"reasonable steps\", \"reasonable effort\", \"conspicuous\", \"unconscionable conduct\" — which require regulatory guidance or litigation to define in practice (sch-sec.5, sch-sec.7, sch-sec.9, sch-sec.12, sch-sec.13). Enforcement relies on the regulator using Fair Trading Act powers (sch-sec.5).\n\n- Administrative friction for consumers: the Code requires written notices, copies of agreements and medical certificates for some terminations. These increase procedural formality but also create documentary records useful for dispute resolution (sch-sec.12, sch-sec.24–25).\n\n**Concrete implementation risks and substitution effects**\n\n- Suppliers may respond to limits on prepayment by shortening published contract terms, increasing periodic prices, or shifting to pay‑as‑you‑go or shorter recurring contracts to preserve cash flow.\n- Subjective terms may produce uneven enforcement between different suppliers and locations, producing compliance uncertainty until tested by regulators or courts.\n\n**Key sections to look at when applying the Code**\n\n- Definitions and coverage: sch-sec.4; Disclosure of fees: sch-sec.15; Written agreement and required terms: sch-sec.16–17; Cooling‑off and refunds: sch-sec.14 and sch-sec.24–25; Prohibited conduct (high pressure, misleading claims): sch-sec.6–8; Complaints procedures: sch-sec.27–28; Enforcement link to Fair Trading Act: sch-sec.5.\n\n"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original intent: regulating the fitness industry in Queensland to protect consumers from unfair practices, ensure transparent contracts, and provide clear exit rights. There is no evidence of scope creep — exclusions are clearly defined and the obligations are consistently directed at fitness service suppliers dealing with clients under membership agreements."},"complexity_factors":["Multiple interacting sections with cross-references (e.g., cooling-off period definition in s.14 applies across ss.22-25)","Several conditional scenarios for cooling-off period timing depending on whether the gym was open at time of sign-up","Layered obligations on suppliers — some apply to their own conduct AND require them to take reasonable steps to control employee conduct","Detailed fee disclosure requirements with specific enumerated categories and sub-rules for discounted offers","Different termination pathways (cooling-off, sickness, general) each with distinct procedural and financial rules","References to external legal standards (AS ISO 10002-2006) and parent Act provisions (ss.91I, 98, 100)","Distinction between what counts and does not count as a 'fitness service' requires careful interpretation","Requires understanding of both the regulation and the parent Fair Trading Act for full enforcement picture"],"plain_english_summary":"This Queensland Code of Practice for fitness businesses, made under the Fair Trading Act, sets mandatory consumer protections for gyms, trainers and their clients. It bans high‑pressure or misleading conduct, requires clear written contracts and fee disclosure, a 48‑hour cooling‑off right, limits on long‑term prepayments, medical cancellations with pro‑rata refunds, visible health warnings, and an accessible complaints process. Breaches can lead to undertakings, injunctions or compensation."}},"importantCases":[],"_links":{"self":"/api/acts/fair-trading-code-of-practice-fitness-industry-regulation-2003","history":"/api/acts/fair-trading-code-of-practice-fitness-industry-regulation-2003/history","analysis":"/api/acts/fair-trading-code-of-practice-fitness-industry-regulation-2003/analysis","conflicts":"/api/acts/fair-trading-code-of-practice-fitness-industry-regulation-2003/conflicts","importantCases":"/api/acts/fair-trading-code-of-practice-fitness-industry-regulation-2003/important-cases","documents":"/api/acts/fair-trading-code-of-practice-fitness-industry-regulation-2003/documents"}}