Fair Trading (Code of Practice—Fitness Industry) Regulation 2003
sch-sec.25Terminating membership agreement because of sickness or incapacity
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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.