Fair Trading (Code of Practice—Fitness Industry) Regulation 2003
In ForceQLD
Jurisdiction
Queensland
Act Number
65 of 2003
Collection
regulation
Plain English Summary
4/10 complexity
This code prescribes mandatory consumer‑protection rules for fitness‑service suppliers. It requires clear written membership contracts, detailed fee disclosure, a 48‑hour cooling‑off right, caps on administration fees, refund timelines, signage, bans on high‑pressure and misleading conduct, confidentiality safeguards and complaints procedures. It affects fitness‑centre operators, their employees and clients by creating specific compliance obligations, limiting pre‑opening fee collection, and giving clients defined termination and refund rights, which impose compliance costs on suppliers and limit certain sales practices.
This Code of Practice sets out mandatory minimum rules and standards for suppliers of fitness services and the form and content of membership agreements with clients. It defines what counts as a fitness service (s 4), prescribes general rules of conduct for suppliers and their employees (ss 6-9), requires specific disclosures and confidentiality safeguards (ss 10-13), and imposes detailed requirements governing membership agreements, including cooling-off, fee disclosure, timing of payments, limits on prepayment, and termination rights (ss 14-26). The Code also requires suppliers to have accessible complaints handling procedures that meet an Australian Standard (s 28).
Compliance with the Code is mandatory for suppliers; contravention serves as a ground for regulatory remedies under the parent Act, specifically for seeking an undertaking (Act, s 91I), an injunction (Act, s 98), or orders for compensation or other remedial orders (Act, s 100) (s 5(1)). The Code expressly requires suppliers to comply even where clients or employers request they act contrary to the Code (s 5(2)). The Code further requires fitness centres to display particular health-risk statements in a conspicuous location (s 9).
Mechanically, the Code requires written membership agreements that are legible and signed, immediate provision of a copy to the client, and that the agreement state a defined list of items including supplier contact details, fee schedules, start and end of the cooling-off period, and termination rights (ss 16-17). For pre-opening membership agreements, the Code regulates timing of payment (no fee payable until opening) and imposes obligations to notify proposed and revised opening days and to allow inspection during the cooling-off period (ss 21-23). The Code caps administration fees in certain termination scenarios and restricts acceptance of prepayment for more than one year on agreements exceeding one year (ss 19, 24-25).
Current sections
Direct links to the current provisions in Fair Trading (Code of Practice—Fitness Industry) Regulation 2003.
39
sch-pt.1
Preliminary
Preliminary
sch-sec.1
Title
sch-sec.1 Title
This code of practice may be cited as the Fitness Industry Code of Practice.
sch-sec.2
Object of code
sch-sec.2 Object of code
The object of this code is to—
ensure appropriate standards of trading are maintained in the fitness industry; and
promote client confidence in the fitness industry; and
ensure fitness services are supplied to clients in an ethical and professional way, taking into account the interests of clients; and
establish rights and obligations between suppliers and clients for—
fitness services offered and supplied; and
the disclosure of all information relevant to clients entering into agreements for fitness services.
(a) ensure appropriate standards of trading are maintained in the fitness industry; and
(b) promote client confidence in the fitness industry; and
(c) ensure fitness services are supplied to clients in an ethical and professional way, taking into account the interests of clients; and
(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.
(i) fitness services offered and supplied; and
(ii) the disclosure of all information relevant to clients entering into agreements for fitness services.
(i) fitness services offered and supplied; and
(ii) the disclosure of all information relevant to clients entering into agreements for fitness services.
sch-sec.3
Definitions
sch-sec.3 Definitions
The dictionary in the schedule defines particular words used in this code.
sch-sec.4
Meaning of fitness service
sch-sec.4 Meaning of fitness service
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.
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.
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.
sch s 4 amd 2010 SL No. 108 s 20
(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.
(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.
(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.
(a) an exercise consultation;
(b) a supervised or unsupervised individual exercise program;
(c) a group exercise program;
(d) a fitness program;
(e) fitness equipment at a fitness centre for use by clients.
(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;
(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;
(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;
(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;
(c) a service at a fitness centre for the sole purpose of medical rehabilitation;
(d) a service for an unsupervised outdoor activity;
(e) the hire of a court or other facility for playing sport.
(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;
(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;
sch-sec.5
Compliance with code
sch-sec.5 Compliance with code
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 .
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.
(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 .
(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.
• 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 .
(a) a client asks the supplier to do something contrary to the code; or
(b) if the supplier is an employee, the supplier’s employer asks the supplier to do something contrary to the code.
sch-pt.2
General rules of conduct
General rules of conduct
sch-sec.6
Claiming membership or endorsement
sch-sec.6 Claiming membership or endorsement
A supplier must not falsely claim to be a member of, or endorsed by, an organisation or association.
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.
(sch-sec.6-ssec.1) A supplier must not falsely claim to be a member of, or endorsed by, an organisation or association.
(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.
sch-sec.7
High pressure tactics, harassment or unconscionable conduct
sch-sec.7 High pressure tactics, harassment or unconscionable conduct
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.
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.
(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.
(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.
1 Using, or getting a third party to use, threatening or intimidating language or behaviour towards a client.
2 Engaging in conduct that would make an ordinary person feel unwillingly compelled to comply with a supplier’s request or demand.
1 Taking unfair advantage of a supplier’s superior bargaining position relative to a client.
2 Requiring a client to comply with conditions not reasonably necessary for the protection of a supplier’s legitimate interests.
3 If it is reasonably apparent a client can not understand relevant documents, taking unfair advantage of the client’s lack of understanding.
4 Exerting undue influence or pressure on, or using unfair tactics against, a client.
sch-sec.8
Soliciting through false or misleading advertisements or communications
sch-sec.8 Soliciting through false or misleading advertisements or communications
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.
Without limiting subsection (1) , a supplier must not make deliberately misleading or false comparisons with a fitness service supplied by another supplier.
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.
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.
(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.
(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.
(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.
(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.
sch-sec.9
Signs at fitness centre
sch-sec.9 Signs at fitness centre
A supplier at a fitness centre must display a sign complying with subsections (2) to (5) .
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.
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.’.
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.’.
However, a supplier also complies with subsections (3) and (4) if the statements substantially comply with the subsections.
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.
(sch-sec.9-ssec.1) A supplier at a fitness centre must display a sign complying with subsections (2) to (5) .
(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.
(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.’.
(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.’.
(sch-sec.9-ssec.5) However, a supplier also complies with subsections (3) and (4) if the statements substantially comply with the subsections.
(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.
1 Display in a prominent position on the reception counter.
2 Display at eye level on a wall that clients view on first entering the fitness centre.
(a) easily legible; and
(b) in a colour contrasting distinctly with the background colour of the sign; and
(c) conspicuous to a person looking at the sign.
sch-pt.3
Disclosure and confidentiality
Disclosure and confidentiality
sch-sec.10
Disclosure of information about fitness services
sch-sec.10 Disclosure of information about fitness services
A supplier must—
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
ensure promotional material about a fitness service—
is truthful, accurate and unambiguous; and
does not encourage unrealistic expectations of outcomes achievable from the fitness service.
(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
(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.
(i) is truthful, accurate and unambiguous; and
(ii) does not encourage unrealistic expectations of outcomes achievable from the fitness service.
(i) is truthful, accurate and unambiguous; and
(ii) does not encourage unrealistic expectations of outcomes achievable from the fitness service.
sch-sec.11
Availability of code
sch-sec.11 Availability of code
A supplier must—
have a copy of this code available for perusal by a client; and
if asked by a client, promptly tell the client where to obtain a copy of this code.
This 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.
(a) have a copy of this code available for perusal by a client; and
(b) if asked by a client, promptly tell the client where to obtain a copy of this code.
sch-sec.12
Disclosure of information about fitness centre
sch-sec.12 Disclosure of information about fitness centre
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.
The supplier must have a copy of the rules available at the fitness centre for perusal by a client.
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.
(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.
(sch-sec.12-ssec.2) The supplier must have a copy of the rules available at the fitness centre for perusal by a client.
(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.
(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
(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.
(a) a rule is added to the rules of the fitness centre (a new rule ); or
(b) a rule of the fitness centre is changed;
sch-sec.13
Confidentiality
sch-sec.13 Confidentiality
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.
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.
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.
In this section—
client includes a former client.
supplier includes a former supplier.
(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.
(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.
(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.
(sch-sec.13-ssec.4) In this section— client includes a former client. supplier includes a former supplier.
(a) used or disclosed for a purpose authorised in writing by the client; or
(b) that must be lawfully used or disclosed. Example of when information must be ‘lawfully used or disclosed’— To comply with legal process.
sch-pt.4
Membership agreements
Membership agreements
sch-pt.4-div.1
Interpretation
Interpretation
sch-sec.14
Meaning of cooling-off period
sch-sec.14 Meaning of cooling-off period
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.
The cooling-off period ends 48 hours after the cooling-off period starts.
(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.
(sch-sec.14-ssec.2) The cooling-off period ends 48 hours after the cooling-off period starts.
(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
(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
(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.
(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
sch-pt.4-div.2
Supplier’s obligations before entering into membership agreements
Supplier’s obligations before entering into membership agreements
sch-sec.15
Disclosure of fees
sch-sec.15 Disclosure of fees
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.
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.
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.
(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.
(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.
(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.
(a) each fee the client must pay to the supplier under the membership agreement;
(b) for what fitness service or fitness services each fee is payable;
(c) when each fee is payable;
(d) the total amount of fees payable under the agreement.
(a) the initial fee for joining the fitness centre;
(b) the fee for membership ( membership fee );
(c) the fee for each visit to the fitness centre;
(d) the fee for fitness services provided at the centre;
(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 );
(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 );
(g) if there is a fee to transfer membership to another fitness centre or another person—the fee;
(h) if there is a fee to suspend membership—the fee;
(i) any other fee payable, or that may be payable.
(a) the usual fee for the fitness service before the offer is made;
(b) if the usual fee for the fitness service is increased before the offer is made—the increase in the fee;
(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.
sch-pt.4-div.3
Requirements for membership agreements
Requirements for membership agreements
sch-sec.16
Membership agreement to be in writing and signed
sch-sec.16 Membership agreement to be in writing and signed
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.
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.
(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.
(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.
(a) is in writing, easily legible and clearly expressed; and
(b) is signed by the client and by or for the supplier.
sch-sec.17
What a membership agreement must state
sch-sec.17 What a membership agreement must state
A supplier entering into a membership agreement with a client must ensure the agreement states each of the following—
the supplier’s name and address;
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;
each fee the client must pay to the supplier under the membership agreement;
for what fitness service or fitness services each fee is payable;
if there are no fees payable for a part of the term of the agreement—the part of the term;
when each fee is payable;
the total amount of fees payable under the agreement;
that the agreement is subject to a cooling-off period;
when the cooling-off period starts and when it ends;
if the supplier enters into the agreement with the client before the supplier’s fitness centre opens—the proposed opening day;
that the client is entitled to terminate the agreement because of the client’s permanent sickness or physical incapacity;
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;
how the client terminates the agreement;
the circumstances under which the supplier may terminate the agreement.
(a) the supplier’s name and address;
(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;
(c) each fee the client must pay to the supplier under the membership agreement;
(d) for what fitness service or fitness services each fee is payable;
(e) if there are no fees payable for a part of the term of the agreement—the part of the term;
(f) when each fee is payable;
(g) the total amount of fees payable under the agreement;
(h) that the agreement is subject to a cooling-off period;
(i) when the cooling-off period starts and when it ends;
(j) if the supplier enters into the agreement with the client before the supplier’s fitness centre opens—the proposed opening day;
(k) that the client is entitled to terminate the agreement because of the client’s permanent sickness or physical incapacity;
(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;
(m) how the client terminates the agreement;
(n) the circumstances under which the supplier may terminate the agreement.
sch-sec.18
Fitness services offered under membership agreement
sch-sec.18 Fitness services offered under membership agreement
A supplier must take reasonable steps to ensure a fitness service offered under a membership agreement with a client is available to the client.
sch-pt.4-div.4
Types of membership agreements
Types of membership agreements
sch-sec.19
Limitation on membership agreement of more than 1 year
sch-sec.19 Limitation on membership agreement of more than 1 year
This section applies if a supplier enters into a membership agreement with a client for a term of more than 1 year.
The supplier must not accept prepayment from the client of fees for more than 1 year of the term.
(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.
(sch-sec.19-ssec.2) The supplier must not accept prepayment from the client of fees for more than 1 year of the term.
sch-sec.20
On-going agreement
sch-sec.20 On-going agreement
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.
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.
(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.
(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.
(a) there is a condition in the membership agreement stating the membership agreement is an on-going agreement; and
(b) the client initials and dates the condition when the client signs the membership agreement; and
(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.
(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.
(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.
(a) has an initial term; and
(b) continues after the end of the initial term; and
(c) ends only if and when the client terminates the membership agreement.
sch-pt.4-div.5
Entering into membership agreements before fitness centre opens
Entering into membership agreements before fitness centre opens
sch-sec.21
Membership agreement allowed
sch-sec.21 Membership agreement allowed
A supplier may enter into a membership agreement with a client before the supplier’s fitness centre opens.
sch-sec.22
No fee payable until fitness centre opens
sch-sec.22 No fee payable until fitness centre opens
If a supplier enters into a membership agreement with a client before the fitness centre opens—
the client is not liable to pay any fee under the agreement until the centre opens; and
the supplier must not collect any fee from the client until the centre opens.
(a) the client is not liable to pay any fee under the agreement until the centre opens; and
(b) the supplier must not collect any fee from the client until the centre opens.
sch-sec.23
Notifying client of opening of fitness centre
sch-sec.23 Notifying client of opening of fitness centre
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 ).
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.
The supplier must allow the client to inspect the fitness centre during the cooling-off period.
(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 ).
(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.
(sch-sec.23-ssec.3) The supplier must allow the client to inspect the fitness centre during the cooling-off period.
(a) the proposed opening day; and
(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 ).
(a) the new opening day; and
(b) that the client may inspect the fitness centre during the cooling-off period.
sch-pt.4-div.6
Terminating membership agreements
Terminating membership agreements
sch-sec.24
Terminating membership agreement during cooling-off period
sch-sec.24 Terminating membership agreement during cooling-off period
A client may terminate a membership agreement with a supplier during the cooling-off period.
See section 14 (Meaning of cooling-off period ).
The client terminates the agreement by giving the supplier written notice of the termination.
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.
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).
The maximum administration fee a supplier can charge is the lesser of the following—
$75;
10% of the membership fee.
The supplier must pay the refund to the client within 21 days after the client terminates the agreement.
(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 ).
(sch-sec.24-ssec.2) The client terminates the agreement by giving the supplier written notice of the termination.
(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.
(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).
(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.
(sch-sec.24-ssec.6) The supplier must pay the refund to the client within 21 days after the client terminates the agreement.
(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
(b) the administration fee.
(a) $75;
(b) 10% of the membership fee.
sch-sec.25
Terminating membership agreement because of sickness or incapacity
sch-sec.25 Terminating membership agreement because of sickness or incapacity
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.
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.
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.
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).
The maximum administration fee a supplier can charge is the lesser of the following—
$75;
10% of the membership fee.
The supplier must pay the refund to the client within 21 days after the client terminates the agreement.
(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.
(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.
(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.
(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).
(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.
(sch-sec.25-ssec.6) The supplier must pay the refund to the client within 21 days after the client terminates the agreement.
(a) written notice of the termination; and
(b) a medical certificate stating that the client cannot use the fitness service because of the client’s permanent sickness or physical incapacity.
(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
(b) the administration fee.
(a) $75;
(b) 10% of the membership fee.
sch-sec.26
Other termination of membership agreement
sch-sec.26 Other termination of membership agreement
A client may terminate a membership agreement with a supplier other than under section 24 or 25 .
The client terminates the agreement by giving the supplier written notice of the termination.
The maximum termination fee the supplier can charge the client is the termination fee stated in the agreement.
The supplier must make every reasonable effort to respond quickly and fairly to the client’s termination of the agreement.
(sch-sec.26-ssec.1) A client may terminate a membership agreement with a supplier other than under section 24 or 25 .
(sch-sec.26-ssec.2) The client terminates the agreement by giving the supplier written notice of the termination.
(sch-sec.26-ssec.3) The maximum termination fee the supplier can charge the client is the termination fee stated in the agreement.
(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.
sch-pt.5
Complaints handling procedures
Complaints handling procedures
sch-sec.27
Complaints by client
sch-sec.27 Complaints by client
A 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.
sch-sec.28
Complaints handling procedures
sch-sec.28 Complaints handling procedures
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.
The procedure must—
be simple and easy to use; and
comply with AS ISO 10002—2006 (Customer satisfaction—Guidelines for complaints handing in organisations).
sch s 28 amd 2009 SL No. 38 s 12
(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.
(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).
(a) in the supplier’s own business; or
(b) by an industry organisation.
(a) be simple and easy to use; and
(b) comply with AS ISO 10002—2006 (Customer satisfaction—Guidelines for complaints handing in organisations).
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
sch-pt.1 Preliminary
Preliminary
sch-sec.1 Title
sch-sec.1 Title
This code of practice may be cited as the Fitness Industry Code of Practice.
sch-sec.2 Object of code
sch-sec.2 Object of code
The object of this code is to—
ensure appropriate standards of trading are maintained in the fitness industry; and
promote client confidence in the fitness industry; and
ensure fitness services are supplied to clients in an ethical and professional way, taking into account the interests of clients; and
establish rights and obligations between suppliers and clients for—
fitness services offered and supplied; and
the disclosure of all information relevant to clients entering into agreements for fitness services.
(a) ensure appropriate standards of trading are maintained in the fitness industry; and
(b) promote client confidence in the fitness industry; and
(c) ensure fitness services are supplied to clients in an ethical and professional way, taking into account the interests of clients; and
(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.
(i) fitness services offered and supplied; and
(ii) the disclosure of all information relevant to clients entering into agreements for fitness services.
(i) fitness services offered and supplied; and
(ii) the disclosure of all information relevant to clients entering into agreements for fitness services.
sch-sec.3 Definitions
sch-sec.3 Definitions
The dictionary in the schedule defines particular words used in this code.
sch-sec.4 Meaning of fitness service
sch-sec.4 Meaning of fitness service
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.
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.
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.
sch s 4 amd 2010 SL No. 108 s 20
(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.
(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.
(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.
The Code also contains behavioural prohibitions directed at sales conduct at fitness centres: false claims of endorsement or membership of associations (s 6), high-pressure, harassing or unconscionable conduct in selling memberships (s 7), and false or misleading advertising or communications and deceptive use of so-called free gifts (s 8). Complaints handling must be made available either within the supplier’s business or by industry bodies and must be simple and conform with AS ISO 10002,2006 (s 28).
The instrument is a regulatory layer that assigns specific transactional obligations and consumer protections within the fitness industry, creates disclosure and record-keeping duties for suppliers, and sets bounded monetary consequences for certain contract terminations. It is drafted as a code under a parent Act and is enforceable through the remedies and powers that Act provides (s 5).
Main concepts
The Code organises around several recurring legal and commercial concepts: supplier obligations, client rights, disclosure, procedural protections (cooling-off, inspection, complaints), constraints on sales conduct, and limits on supplier monetisation of memberships.
Supplier and client as core parties. The Code consistently frames obligations and rights as flowing between supplier and client. "Supplier" is used to denote the business or person providing fitness services, and "client" the recipient. Duties attach directly to suppliers and require reasonable steps to prevent employees doing the same acts (see the repeated "must take reasonable steps" formulations in ss 6, 7, 8, 13).
Mandatory disclosure and information sufficiency. The Code requires pre-contractual and contractual disclosure of fees and services sufficient for an informed decision (s 10, s 15). Membership agreements must list precise items including fee breakdowns, total payable, cooling-off timing, when services are available, and termination mechanics (s 17).
Consumer procedural protections. The cooling-off period is short and precisely defined as 48 hours from a specified start tied to opening or agreement date (s 14). For pre-opening agreements, clients may inspect the centre during the cooling-off period and cannot be charged until opening (ss 22-23, 24). Termination for permanent sickness or incapacity is allowed on provision of a medical certificate, with refund mechanics defined (s 25).
Sales conduct standards. The Code proscribes false claims of endorsement (s 6), high-pressure, harassing or unconscionable conduct in entering membership agreements (s 7), and misleading advertising or misrepresenting the cost consequences of "free" gifts (s 8). These provisions are behaviourally specific and include examples, such as using threatening language or requiring conditions not reasonably necessary (s 7).
Contract formality and timing. Agreements must be written, legible, clearly expressed, and signed by both parties, with a copy provided immediately (s 16). On-going agreements require specific notice and initialling by the client of the rolling nature and a notice at least two months before expiry of the initial term (s 20).
Limits on supplier revenue practices. For agreements longer than one year, suppliers cannot accept prepayment of fees beyond one year (s 19). Administration fees for cooling-off termination or sickness-based termination are capped at the lesser of $75 or 10% of the membership fee (ss 24(5), 25(5)). Maximum termination fees outside those categories are limited to the termination fee stated in the agreement (s 26(3)).
Complaints handling standardisation. Suppliers must make a complaints handling procedure available and it must meet the Australian Standard AS ISO 10002,2006 (s 28). This imports an external technical benchmark for complaint processes.
Confidentiality with legal exceptions. Client information obtained in the course of supplying fitness services is confidential and must not be used or disclosed, except with the client’s written authorisation or to comply with lawful process (s 13).
The Code therefore blends content regulation (what must appear in contracts and signs), conduct regulation (how sales and advertising are carried out), and consumer procedural protections (cooling-off, refunds, complaints). Its repeated use of "reasonable steps" creates delegated compliance duties; it relies on the parent Act’s enforcement powers for remedying breaches (s 5). The Code references external law and standards, notably the Health Practitioner Regulation National Law in defining physiotherapists (s 4) and AS ISO 10002,2006 for complaint handling (s 28), indicating areas where interplay with other regulatory instruments will arise.
Who it affects
Primary affected parties are suppliers of fitness services and their employees, and clients of such suppliers. The Code defines who is regulated by setting what counts as a "fitness service" (s 4) and then attaching obligations to suppliers who supply such services.
Suppliers. Every person or business that supplies a fitness service as defined in s 4 is subject to the Code’s duties. Obligations include operational practices such as conspicuous signage (s 9), pre-contract disclosures and contract form (ss 15-17), restrictions on prepayment (s 19), and sales conduct (ss 6-8). Suppliers who enter into membership agreements before their centre opens are affected by the pre-opening provisions (ss 21-23). Suppliers who provide ongoing agreements must comply with the notice and initialling requirements (s 20).
Employees of suppliers. The Code repeatedly extends duties to suppliers to take reasonable steps to prevent employees from engaging in prohibited conduct, for example false claims of endorsement (s 6(2)), high-pressure tactics (s 7(2)), and misleading advertising (s 8(3)-(4)). Where an employee acts contrary to the Code, the employer supplier can be held to account for failing to take reasonable steps.
Clients. The Code vests clients with several procedural and substantive rights: the right to clear fee disclosure before entering a membership (s 15), a written and signed membership agreement with specified content (ss 16-17), a 48-hour cooling-off right (s 14), the right to terminate in defined circumstances and receive refunds subject to capped administration fees (ss 24-26), and access to complaints procedures (ss 27-28). Casual clients are flagged for the need to self-assess fitness and risk by signage (s 9(4)).
Third parties and industry organisations. Suppliers may rely on industry organisations for complaints-handling procedures (s 28(1)(b)). Also, the Code’s definition of physiotherapist references registration under the Health Practitioner Regulation National Law (s 4), which brings in regulated health professionals who are not covered by the Code when supplying services as part of their professional practice.
Entities outside scope. The Code expressly excludes several activities from the definition of fitness service, removing suppliers who solely engage in those activities from the Code’s reach. Examples include services supplied by medical doctors or physiotherapists in the course of their profession, sporting clubs providing competitive sport training, educational institutions in curricular activities, spa/sauna/pool use if no other fitness service is supplied, hotel-attached centres for guests, services for medical rehabilitation only, unsupervised outdoor activities, and hiring courts or facilities for sport (s 4(2)).
Who pays and who decides. Suppliers bear the compliance costs: producing and displaying signs, drafting compliant agreements and disclosure statements, structuring fee and refund mechanics, training employees to avoid high-pressure sales and misleading advertising, and establishing complaints-handling procedures consonant with AS ISO 10002,2006. Regulatory decision-makers under the parent Act exercise enforcement remedies where contraventions occur (s 5), though the Code itself does not name the regulator.
Behavioural change expected. Suppliers will need to document fees and services in writing, avoid certain sales tactics and advertising practices, restrict some prepayment arrangements, and implement complaints and confidentiality systems. Employees must be trained and supervised because supplier liability is framed around taking reasonable steps to prevent employee breaches (ss 6(2), 7(2), 8(3)). Clients will have stronger pre-contractual information and short cooling-off rights, and pathways to refunds and termination in defined instances.
Key duties and rights
This section sets out the central obligations imposed on suppliers and the rights created for clients, tied to specific provisions.
Supplier duties
Compliance obligation, independent of client or employer instruction. Suppliers must comply with the Code and cannot rely on client requests or employer instructions to act contrary to it (s 5(1)-(2)). This places a primary compliance burden on the named supplier even where conduct initiates from others.
Truthful representation and endorsement. Suppliers must not falsely claim membership of or endorsement by an organisation or association (s 6(1)). They must take reasonable steps to ensure employees do not do so (s 6(2)).
Sales conduct restrictions. Suppliers at fitness centres must not engage in high-pressure tactics, harassment, or unconscionable conduct when seeking membership agreements (s 7(1)). They must take reasonable steps to ensure employees refrain from such conduct (s 7(2)). The Code lists illustrative prohibited behaviours: threatening language, conduct that would compel an ordinary person to comply, unfair advantage due to bargaining position, imposing unreasonable protective conditions, exploiting a client’s lack of understanding, and exerting undue influence (s 7).
Advertising and promotions. Suppliers must not knowingly solicit clients through false or misleading ads or communications (s 8(1)). They may not represent a reward or gift as free where the underlying service is increased in price or decreased in quality as a consequence (s 8(1)-(2)). Suppliers must avoid deliberately misleading comparisons with competitors (s 8(2)). Again, suppliers must take reasonable steps to ensure employees comply (s 8(3)-(4)).
Signage obligations. Suppliers at fitness centres must display specified health-risk statements prominently and legibly at eye level or on the reception counter (s 9(2)-(6)). The exact content is mandated: a written notice requiring clients to inform the supplier in writing of any perceived health risk, immediately followed by a statement for casual clients to self-assess fitness and risk (s 9(3)-(4)).
Information and promotional truthfulness. Suppliers must ensure sufficient information is available to enable informed decisions and ensure promotional material is truthful, accurate, unambiguous, and does not encourage unrealistic expectations of outcomes (s 10).
Availability of the Code. Suppliers must have a copy of the Code available for client perusal and tell a client where to obtain it if asked (s 11).
Pre-contractual disclosure. Before entering a membership agreement, suppliers must give the client a copy of the agreement, the rules of the fitness centre, and other information enabling an informed decision; rules must be available for perusal at the centre (s 12).
Confidentiality. Suppliers must not use or disclose confidential client information obtained in their business, except with written authorisation or where lawfully required (s 13). They must take reasonable steps to prevent employees from doing so (s 13(3)).
Contract formality. Membership agreements must be written, legible, clearly expressed, signed by client and supplier, and a copy provided immediately after signature (s 16).
Detailed contractual content. Membership agreements must state a list of items specified in s 17, including supplier name and address, the rights and obligations of both parties, detailed fee information, cooling-off information, opening day where relevant, and termination circumstances for both parties.
Service availability. Suppliers must take reasonable steps to ensure that a fitness service offered under a membership agreement is in fact available (s 18).
Limitations on prepayment. For agreements longer than one year, suppliers cannot accept fee prepayment beyond one year (s 19).
Ongoing agreement requirements. For ongoing agreements a specific clause must be initialled and dated by the client, and the supplier must give written notice at least two months before the end of the initial term about continuation and termination mechanics (s 20).
Pre-opening obligations. If the membership is entered before opening, the supplier must not collect fees until opening and must notify proposed and any new opening day, and allow inspection during the cooling-off period (ss 21-23).
Refunds and termination mechanics. Suppliers must refund fees upon early termination during cooling-off, subject to deductions for unpaid fees and an administration fee capped at the lesser of $75 or 10% of the membership fee, and remit refunds within 21 days (s 24). Similar rules apply for termination due to permanent sickness or incapacity with proof by medical certificate (s 25). Other termination rights require written notice and the maximum termination fee is the fee stated in the agreement; suppliers must respond quickly and fairly (s 26).
Complaints handling. Suppliers must make a simple, AS ISO 10002,2006-compliant complaints handling procedure available either in-house or through an industry organisation (s 28).
Client rights
Pre-contractual information. Clients are entitled to sufficient information to make an informed decision and to a written disclosure of fees before entering agreements (s 10, s 15).
Written, signed contract and immediate copy. Clients must receive a written, legible, signed membership agreement and a copy immediately after entry (s 16).
Cooling-off and inspection rights. Clients have a 48-hour cooling-off period with defined start and end points (s 14), a right to inspect the fitness centre during the cooling-off period if membership is entered before opening (s 23), and cannot be charged until the centre opens (s 22).
Refunds on cooling-off and sickness. Clients who terminate during cooling-off or due to permanent sickness/incapacity are entitled to refunds of fees less permitted unpaid fees and capped administration fees; refunds must be paid within 21 days (ss 24-25).
Termination rights. Clients can terminate membership agreements by written notice, with charges limited by the stated termination fee or statutory caps as applicable (s 26).
Complaints resolution. Clients may access a supplier’s complaints handling procedure, which must be simple and conform to the specified standard (ss 27-28).
Remedial and enforcement context
Breach consequences. Contravening the Code is a ground for seeking an undertaking, an injunction, or compensation or other remedial orders under the parent Act (s 5(1)). The Code therefore creates enforceable obligations and a remedial pathway through statutory provisions even though it does not itself name penalties such as fines.
The Code’s language creates duties running to the supplier, backed by an obligation to manage employees through "reasonable steps" and processes. Many duties are prescriptive and procedural, making compliance a matter of documentation, staff training, signage, contract drafting and refund/payment systems.
Penalties and enforcement
The Code itself does not specify pecuniary penalties or administrative fines within its text. Instead, it ties contraventions to enforcement mechanisms available under the parent Act. Key enforcement pointers in the Code are as follows.
Grounds for enforcement actions. Contravention of the Code is expressly stated to be a ground for seeking regulatory remedies under the Act: an undertaking (Act, s 91I), an injunction (Act, s 98), and orders for compensation or other remedial orders (Act, s 100) (s 5(1)). Those provisions in the parent Act thus operationalise enforcement against suppliers who breach the Code.
Civil and equitable relief focus. The remedies listed are (1) undertakings, which typically bind the supplier to future behaviour, (2) injunctions to stop ongoing contraventions, and (3) compensation or other remedial orders to redress loss or require corrective action (s 5(1)). The Code does not itself provide for criminal liability or specified fines, at least in the portions reproduced here.
Supplier primary responsibility. The Code emphasises that the supplier must comply even if a client or an employer asks the supplier to act inconsistently with the Code (s 5(2)). That provision supports enforcement against suppliers despite arguments that an individual employee acted under direction.
Employee conduct managed by supplier duties. Where employees engage in prohibited conduct, the supplier’s liability is framed as a failure to take reasonable steps to prevent it (ss 6(2), 7(2), 8(3), 13(3)). Regulators bringing enforcement actions under the parent Act are therefore likely to investigate policies, training and supervision as part of determining whether reasonable steps were taken.
Procedural compliance triggers. The Code creates many documentary and timing obligations,written plain-language agreements, pre-contract disclosure of fees, signage, immediate provision of contract copies, records of notices about opening days, and complaints handling procedures meeting AS ISO 10002,2006. Failure to maintain these records and processes supplies factual bases for enforcement.
Remediation timelines in the Code. The Code sets procedural deadlines that can give rise to enforcement if missed, for example refund payment within 21 days after a client terminates during the cooling-off period or for permanent sickness (ss 24(6), 25(6)). Regulators could seek remedial orders where refunds are withheld beyond these timeframes.
Interaction with other legal processes. The Code recognises lawful disclosure requirements and legal process exceptions in relation to confidential information (s 13(2)). Enforcement bodies or courts could require disclosure under legal process despite the confidentiality rule.
No named regulator or penalty schedule in the Code text. The Code cross-refers to the parent Act for enforcement but does not itself name the enforcing authority or set out administrative penalty amounts within the reproduced provisions. The practitioner must consult the parent Act to identify the enforcing agency, the scope of injunctive powers, the framework for undertakings, and potential monetary penalties or alternative enforcement mechanisms available under that Act.
Complaint-led enforcement and private remedies. The Code requires suppliers to have complaints handling procedures (s 28). Complaints processes may be the primary avenue for resolving individual disputes. Additionally, ss 24-26 set out refund rights that individual clients can assert; non-compliance may give rise to consumer compensation actions under the parent Act’s remedial provisions (s 5(1)).
Enforcement risk therefore attaches primarily through civil remedies under the parent Act rather than through an explicit fine or criminal sanction in the Code itself. The factual triggers for enforcement will most often be documentary failures (missing disclosures, no signed contract copy, failure to pay refund within 21 days), evidence of prohibited sales conduct (high pressure, misrepresentation), and systematic failures to prevent employee misconduct.
How it interacts with other laws
The Code references, imports, and potentially overlaps with other legal frameworks. Practitioners should map these intersections when advising clients or preparing compliance programmes.
Parent Act enforcement provisions. The Code is a subordinate instrument under a parent Act; it expressly makes contravention a ground for seeking remedies under that Act: undertakings (Act, s 91I), injunctions (Act, s 98), and compensation or remedial orders (Act, s 100) (s 5(1)). Enforcement actions for breaches of the Code thus proceed via that Act’s procedural and substantive enforcement architecture.
Health professions regulation. The definition of physiotherapist in the Code refers to registration under the Health Practitioner Regulation National Law (s 4), meaning that services supplied by registered physiotherapists in the course of their professional practice are excluded from the Code’s scope. Where a provider offers both fitness services and health professional services, careful factual allocation is required to determine which regulatory regime applies to a particular service episode.
Confidentiality and legal process. The Code prohibits use or disclosure of confidential client information obtained through supplying fitness services, unless the client authorises it in writing or it must be lawfully used or disclosed (s 13). This creates a direct interaction with legal process and other statutory or regulatory disclosure obligations; suppliers must know when legal compulsion overrides confidentiality.
Consumer protection and misleading conduct regimes. Although the Code itself addresses misleading advertising and deceptive practices (s 8), these behaviours are also regulated by broader consumer protection law at Commonwealth and State levels, for example statutes that prohibit misleading or deceptive conduct and false representations. Practitioners should not treat the Code as exclusive; parallel claims or enforcement may flow from other consumer law provisions. The Code’s specific rules can be used as evidence of expected industry conduct in broader consumer claims.
Contract and unfair terms law. The Code prescribes contractual content and limits certain fees. Those contractual provisions interact with general contract law principles and any statutory protections relating to unfair contract terms, unconscionability or similar doctrines. The Code’s prohibition on unconscionable conduct at point of sale (s 7) overlaps with equitable and statutory unconscionability standards.
Privacy law. The Code’s confidentiality rules (s 13) intersect with broader privacy laws governing the handling of personal information. Suppliers should map the Code’s confidentiality obligations against national or state privacy regimes to resolve conflicts and ensure compliance with both.
Standards and industry rules. The Code requires complaints procedures to comply with AS ISO 10002,2006 (s 28). That imports a standards-based benchmark which may be relied upon in enforcement or dispute resolution to determine adequacy of complaints handling.
Employment law and vicarious liability. The Code requires suppliers to take reasonable steps to ensure employees do not breach the Code (e.g., ss 6(2), 7(2), 8(3), 13(3)). This raises interaction with employment law in designing training, supervision and disciplinary procedures; it also affects the supplier’s contractual and vicarious liability exposure.
Statutory definitions and exclusions. The Code explicitly excludes certain activities from the definition of fitness services including educational institution curriculum activities, sporting clubs for competitive sport, certain medical rehabilitation, and facility hire where no fitness service is supplied (s 4(2)). These exclusions determine which other statutory frameworks may apply instead.
The Code should be read and applied alongside the parent Act, relevant professional registration laws, consumer protection legislation, privacy laws, employment law, and applicable Australian Standards. Where an issue involves overlap , for example a physiotherapist offering both rehab and fitness services, or a fitness centre’s handling of health information that might be 'sensitive' under privacy legislation , advisers must determine the sequence and primacy of obligations factually and legally.
Amendment history
The text provided contains a small number of explicit amendment notations embedded in certain sections; these are the only amendment signals available in the reproduced instrument and must be treated as the authoritative amendment record present in this source.
Section 4 amendment note. The text includes an editorial amendment note: "sch s 4 amd 2010 SL No. 108 s 20" adjacent to the definition section for fitness service (s 4). This indicates that s 4 was amended by subordinate legislation in 2010, specifically Statutory Instrument No. 108, section 20. The note appears directly following the s 4 material and is incorporated into the schedule’s historical notes.
Section 28 amendment note. The complaints-handling section (s 28) carries an amendment note: "sch s 28 amd 2009 SL No. 38 s 12". That records an amendment by Statutory Instrument No. 38 in 2009, section 12, affecting the complaints handling requirement and the requirement to comply with AS ISO 10002,2006.
Editorial duplication and structure. The reproduced text contains repeated and sometimes duplicated lines and alternative formatting within sections; the amendment notes embedded in the reproduction highlight changes made at different times and may reflect historical restructuring, but do not, in the provided text, specify the pre-amendment wording or the motions of change beyond the statutory instrument citation.
No further amendment chronology in source. Aside from the two explicit subordinate legislation references noted above, the provided text contains no further dates, history of revisions, or consolidated amendment table. It does not, for example, include commencement dates, repeal or sunset clauses, or later amending instruments. Practitioners needing a comprehensive legislative history must consult the parent Act’s official legislative database and the official consolidated version to capture all amendments and their effective dates.
Practical implications of amendments. The presence of amendment notes attached to s 4 and s 28 suggests those topics , the scope of what counts as a fitness service and the complaints handling standard , have been the subject of legislative attention and update. Where these are operationally significant (defining who falls into scope, and the procedural standard for complaints), suppliers and advisers should check the official version for the exact text and to ensure there are no further subsequent amendments.
Record-keeping and compliance updates. Amendments that change definitions or standards can affect compliance architecture: e.g., if s 4 was expanded or narrowed in 2010, suppliers whose service mix sits close to the border between fitness and excluded health services will need to reassess coverage. The 2009 insertion of AS ISO 10002,2006 as the benchmark for complaints handling requires suppliers to align processes with that standard.
In summary, the provided text signals at least two subordinate instrument amendments in 2009 and 2010 affecting the scope and complaints standards. For full amendment tracing, practitioners should consult the official legislative register, the parent Act’s records, and any subsequent statutory instruments or consolidated reprints that may post-date the instruments noted here.
Litigation history
The reproduced Code text does not include any citations to case law, judicial decisions, or formal litigated determinations applying the Code. The Code itself references enforcement powers in the parent Act (s 91I, s 98, s 100), but does not record any litigation outcomes, judicial interpretations, or precedent.
What the source allows practitioners to infer about litigation pathways
Enforcement via the parent Act. Since contraventions of the Code are grounds for actions under the parent Act (s 5(1)), litigation that tests the Code’s requirements will likely be brought under that Act’s enforcement mechanisms. Remedies listed in the Code , undertakings, injunctions, compensation or remedial orders , are civil remedies typically administered through tribunals or superior courts depending on the parent Act’s structure. The Code does not itself provide a private right of action wording, but the parent Act’s s 100 reference to orders for compensation indicates a pathway for redress.
Fact patterns likely to attract litigation. The Code establishes specific documentary, timing and conduct obligations. Disputes likely to reach litigation would include: disputes over whether fee disclosures were adequate (s 15); whether the contract met the formal requirements (s 16); whether a supplier properly allowed inspection pre-opening and timing of the cooling-off period (ss 14, 23); disputes about deduction of unpaid fees where services were supplied during cooling-off (s 24(3)-(4)); whether an administration fee charged complies with the cap (ss 24(5), 25(5)); breaches involving misleading advertising or high pressure sales (ss 7-8), and misuse of confidential information (s 13).
Evidence and proof questions. Litigation would likely turn on documentary evidence: the signed membership agreement and its contents (s 17), the pre-contractual fee disclosure statement (s 15(1)), records of notice of opening day and inspection access (ss 22-23), records of payment and refund timing (ss 24-25), complaints handling procedure documentation (s 28), and records of staff training or supervision to show "reasonable steps" were taken (ss 6(2), 7(2), 8(3), 13(3)).
No authoritative judicial gloss in source. Because the Code text here contains no court decisions, practitioners cannot rely on judicial interpretation of ambiguous terms in this reproduced text. For judicially developed meanings of terms like "reasonable steps", "high pressure tactics", or "unconscionable conduct", one must search court databases for parent Act enforcement decisions that applied the Code.
Adjudicative forums. The Code does not specify which tribunal or court handles disputes under the parent Act. Litigation history would therefore be dispersed across the forums empowered by the parent Act’s enforcement provisions. Practitioners should examine the parent Act and regulators’ practices to determine likely forums for injunctions, compensation orders or undertakings.
Given the absence of litigation citations in the source, a practitioner preparing a case or compliance note should perform a targeted legal database search for decisions citing the Code by name or the parent Act sections referenced in s 5. That search will identify any appellate or tribunal determinations clarifying ambiguous provisions or evidentiary expectations.
Gotchas
This Code contains several provisions that create concrete compliance pitfalls where suppliers are likely to fall into breach if they do not adapt processes and record-keeping. Below are specific "gotchas" grounded in the Code language.
Reasonable steps and vicarious conduct. The Code repeatedly imposes duties to "take reasonable steps" to prevent employees from breaching the Code (ss 6(2), 7(2), 8(3), 13(3)). A supplier cannot avoid liability simply by pointing to an employee's independent conduct. Suppliers need documented training, written policies, supervision records, and enforcement instances showing they took reasonable steps. Failure to have such records turns an evidentiary deficit into an enforcement risk.
Immediate obligations on signing. The Code requires the supplier to give the client a copy of the signed membership agreement immediately after entering into it (s 16(2)). Suppliers who delay providing the signed contract, or who only provide an unsigned draft, risk breaching this formal requirement.
Narrow cooling-off period. The cooling-off period is precisely 48 hours after the defined commencement point (s 14). The start point ties to opening days or the day the client signs where the centre is open. For pre-opening memberships, the mechanics for start and end can be complex; supplier failure to calculate or communicate the precise start may expose the supplier to termination and refund obligations.
Pre-opening payments prohibited. For pre-opening agreements, suppliers must not collect any fee until the centre opens (s 22(2)). Collecting deposits or fees prematurely is a straightforward breach and can trigger obligation to refund under s 24 or other enforcement remedies (s 5).
Cap on administration fees. The Code caps administration fees on cooling-off or sickness-based terminations at the lesser of $75 or 10% of the membership fee (ss 24(5), 25(5)). Charging a higher administration fee will contravene the Code. Suppliers with standardised administration charges must verify they meet the cap when expressed as a percentage of the membership fee.
Deduction for unpaid services only if disclosed. Suppliers may deduct an unpaid fee for services supplied during the cooling-off period from refunds only if that fee was disclosed to the client in the pre-contract written statement (s 24(4), also referenced in s 25(4)). Failure to disclose the unpaid fee in the pre-contract statement eliminates that deduction right and exposes the supplier to refund obligations and potential enforcement.
One-year prepayment limit. For membership agreements exceeding one year, suppliers cannot accept prepayment for more than one year’s fees (s 19). Some commercial models that rely on multi-year prepayment must adjust billing and cashflow arrangements.
Ongoing agreements require explicit client initialling. On-going agreements require a specific condition in the membership agreement stating it is ongoing, and the client must initial and date that condition at signature (s 20(1)(a)-(b)). Failing to secure an initialled clause risks invalidating the ongoing character and could allow a client to argue the agreement does not continue past the initial term without explicit renewal.
Promotional statements must not encourage unrealistic outcomes. Section 10(2)(b) prohibits promotional material that encourages unrealistic expectations. Vague or hyperbolic advertising promising rapid or guaranteed weight loss or fitness outcomes may contravene this rule, in addition to other consumer law prohibitions.
Signage specifics. The required signage contains two adjacent mandatory statements, and the Code prescribes conspicuousness, legibility and colour contrast (s 9). Suppliers who place the sign in a less visible spot, use faint colours, or omit the required wording risk a technical breach.
Complaints procedure standard. The requirement to comply with AS ISO 10002,2006 (s 28) is more prescriptive than a generic "have a complaints policy". Suppliers relying on ad hoc complaint handling must align actual processes with the Standard to avoid non-compliance.
Exclusion exceptions require factual clarity. The Code excludes services supplied by doctors and physiotherapists when provided in the course of their professions (s 4(2)). For mixed-service providers, careful allocation is necessary; otherwise a supplier may mistakenly assume exclusion applies and fail to comply with the Code when it still does.
Refund timeframes are short. Refunds must be paid within 21 days after termination under ss 24 and 25. Suppliers without processes to process refunds promptly should expect disputes and possible enforcement for late refunds.
Record-keeping for opening notices and rule changes. The supplier must give clients notice of opening days and display new or changed rules for two months in a conspicuous place (s 12(3)). Failure to maintain these notices or to evidence delivery of opening-day notices may cause non-compliance findings.
No fines listed in the Code text. While this may appear to reduce direct risk, the absence of a penalty schedule does not prevent enforcement via the parent Act’s remedies. Practitioners must consult the parent Act and regulator practices to understand monetary exposure.
For each of these gotchas, the concrete mitigation steps require documented procedures, staff training, contract templates checked against the Code, clear fee disclosure statements, and operational linkages between membership sale, opening-day notifications, and financial systems.
How to comply
Compliance requires translating the Code’s prescriptive elements into documented policies, staff practices, contract templates, signage, and records systems. Below are concrete, source-grounded steps suppliers should implement.
Review and update contract templates (ss 16-17, 15). Ensure every membership agreement:
Is in writing, legible, and clearly expressed (s 16(1)(a)).
Is signed by the client and by/for the supplier (s 16(1)(b)).
Contains the items listed in s 17: supplier name and address, rights and obligations of both parties, explicit fee schedule (including initial, membership, per-visit, fitness service fees, administration and termination fees, transfer or suspension fees, and any other fees) and total payable, the cooling-off statement and its start and end dates, proposed opening day if applicable, and the termination circumstances for both sides.
Includes an initialled clause for ongoing agreements where applicable, with the client initial and date that clause (s 20(1)(a)-(b)).
Implement pre-contract disclosure processes (s 15). Before accepting a client’s signature:
Provide a clearly expressed written statement listing every fee, what service it relates to, when it is payable, and the total amount payable (s 15(1)-(1)(d)).
If offering free or discounted services, disclose the usual fee, any pre-offer fee increases, and any decrease in quality or restriction resulting from the offer (s 15(3)).
Ensure the statement’s content matches the membership agreement.
Enforce immediate post-signature delivery (s 16(2)). After signature:
Provide a printed or electronic copy of the signed agreement immediately and maintain a signed original in records for audit and enforcement purposes.
Cooling-off, refunds and administration fee mechanics (ss 14, 24-25).
Calculate the 48-hour cooling-off start precisely per s 14 for pre-opening and post-opening scenarios.
Establish a refund workflow that calculates unpaid fees (only deductible if disclosed per s 24(4)), applies the capped administration fee (lesser of $75 or 10% of membership fee), and issues refunds within 21 days of termination (ss 24(3)-(6), 25(3)-(6)).
Retain evidence of medical certificates where clients claim termination due to permanent sickness or incapacity (s 25(2)).
Pre-opening sales controls (ss 21-23, 22).
Do not accept or collect fees from clients before the fitness centre opens (s 22(1)-(2)).
For pre-opening memberships, record and communicate the proposed opening day and, if it changes, the new opening day; allow inspection during cooling-off (s 23(1)-(3)).
Maintain auditable logs of notices sent and inspection bookings.
Fee prepayment and longer-term agreements (s 19).
For membership agreements longer than one year, accept prepayment of no more than one year’s fees. Reconfigure billing and cash management to avoid accepting multi-year lump sums.
Advertising and sales conduct compliance (ss 6-8).
Draft and approve advertising content to ensure truthfulness and avoid statements that encourage unrealistic outcomes (s 10(2)(b), s 8(1)-(2)).
Prohibit claims of endorsements or memberships that are false (s 6).
Train staff and create escalation procedures to prevent high-pressure tactics, harassment and unconscionable conduct; document training and supervision as proof of "reasonable steps" (s 7).
Signage requirements (s 9).
Prepare a conspicuous sign placed at eye level or at the reception counter containing the two mandatory statements in the required sequence and with legible contrasting colours (s 9(2)-(6)).
Keep a template and photographs verifying placement and appearance.
Confidentiality and privacy (s 13).
Implement policies restricting use and disclosure of client information to authorised purposes only. Obtain written authorisations where needed and maintain secure records.
Document lawful disclosure procedures for legal process to evidence compliance if compelled.
Rules and centre notice changes (s 12).
Keep the centre’s rules readily available for perusal and display new or changed rules for two months in a conspicuous position (s 12(2)-(3)).
Maintain change logs and dated postings as evidence.
Complaints handling system (ss 27-28).
Develop or adopt a complaints handling procedure that is simple and meets AS ISO 10002,2006 (s 28). Document the process, timeframes for response, escalation routes, and resolution recording.
Make the procedure available to clients and record availability.
Staff policies, supervision and record-keeping (multiple sections).
Implement induction and ongoing training that covers the Code’s requirements, sales conduct standards, disclosure obligations, and complaint handling.
Keep contemporaneous records of training attendance, policies, supervision notes, disciplinary action, and any remedial steps taken following incidents.
These records are the primary evidence of "reasonable steps" to prevent employee breaches.
Systems integration for financial and operational controls.
Ensure membership management software or financial systems are configured to block fee collection until opening for pre-opening contracts, to enforce the one-year prepayment cap, and to calculate capped administration fees automatically.
Implement refund processing workflows that meet the 21-day deadline, with audit trails.
Legal review and periodic compliance audits.
Have membership agreement templates, promotional materials, signage, and complaints policies reviewed by legal counsel for Code conformity and to address overlaps with consumer protection and privacy legislation.
Conduct periodic compliance audits that sample contracts, advertising, staff conduct and complaints handling against the Code’s requirements.
Handling mixed-service offerings and professional exclusions (s 4).
Where services cross the boundary into medical, physiotherapy or educational curricula, document the precise nature of each service episode and the provider’s registration status to determine whether the Code applies or the service falls under professional regulation (s 4(2)).
Prepare for regulator interactions.
Establish a point of contact and a procedure for responding to regulator requests for undertakings, injunctions or remedial actions under the parent Act (s 5(1)). Keep records that facilitate timely responses.
Implementing these concrete measures converts the Code’s textual duties into operational controls. The recurring theme for compliance is documentation: the Code expects written disclosures, signed agreements, visible signage, records of notices and changes, and proof of reasonable steps to prevent employee breaches. Failure to document is often the proximate cause of non-compliance findings under the Code.
(b) a supervised or unsupervised individual exercise program;
(c) a group exercise program;
(d) a fitness program;
(e) fitness equipment at a fitness centre for use by clients.
(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;
(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;
(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;
(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;
(c) a service at a fitness centre for the sole purpose of medical rehabilitation;
(d) a service for an unsupervised outdoor activity;
(e) the hire of a court or other facility for playing sport.
(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;
(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;
sch-sec.5 Compliance with code
sch-sec.5 Compliance with code
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 .
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.
(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 .
(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.
• 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 .
(a) a client asks the supplier to do something contrary to the code; or
(b) if the supplier is an employee, the supplier’s employer asks the supplier to do something contrary to the code.
sch-pt.2 General rules of conduct
General rules of conduct
sch-sec.6 Claiming membership or endorsement
sch-sec.6 Claiming membership or endorsement
A supplier must not falsely claim to be a member of, or endorsed by, an organisation or association.
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.
(sch-sec.6-ssec.1) A supplier must not falsely claim to be a member of, or endorsed by, an organisation or association.
(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.
sch-sec.7 High pressure tactics, harassment or unconscionable conduct
sch-sec.7 High pressure tactics, harassment or unconscionable conduct
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.
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.
(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.
(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.
1 Using, or getting a third party to use, threatening or intimidating language or behaviour towards a client.
2 Engaging in conduct that would make an ordinary person feel unwillingly compelled to comply with a supplier’s request or demand.
1 Taking unfair advantage of a supplier’s superior bargaining position relative to a client.
2 Requiring a client to comply with conditions not reasonably necessary for the protection of a supplier’s legitimate interests.
3 If it is reasonably apparent a client can not understand relevant documents, taking unfair advantage of the client’s lack of understanding.
4 Exerting undue influence or pressure on, or using unfair tactics against, a client.
sch-sec.8 Soliciting through false or misleading advertisements or communications
sch-sec.8 Soliciting through false or misleading advertisements or communications
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.
Without limiting subsection (1) , a supplier must not make deliberately misleading or false comparisons with a fitness service supplied by another supplier.
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.
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.
(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.
(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.
(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.
(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.
sch-sec.9 Signs at fitness centre
sch-sec.9 Signs at fitness centre
A supplier at a fitness centre must display a sign complying with subsections (2) to (5) .
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.
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.’.
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.’.
However, a supplier also complies with subsections (3) and (4) if the statements substantially comply with the subsections.
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.
(sch-sec.9-ssec.1) A supplier at a fitness centre must display a sign complying with subsections (2) to (5) .
(sch-sec.9-ssec.2) The sign must be displayed in a conspicu
This is an opening excerpt, not the complete document.