The fitness industry in NSW is subject to laws related to consumer protection and fair trading. These regulations cover issues like membership contracts and consumer rights, business practices, facilities and equipment standards.
This page includes information on:
Australian Consumer Law guarantees your rights when you buy goods and services.
In fact, most products and services purchased after 1 January 2011 come with an automatic consumer guarantee that the product or service you purchased will work and do what you asked for. This includes health and fitness services.
When you engage a business to provide a service, you have the right to expect ‘acceptable quality’. Services must be:
What is ‘reasonable’ will depend on the nature of the service, the difficulty of the task and other relevant factors.
You have the right to receive proof of purchase (like an invoice, cash register receipt, handwritten receipt or lay-by agreement).
Gym memberships are often delivered under a contract. Contracts usually have terms and conditions attached. It is your responsibility to be aware of these.
Advertising can be a powerful means of persuasion, so it’s important it is truthful, accurate and easy to understand. Australian Consumer Law protects consumers from deceptive advertising claims and conduct.
Businesses are not allowed to make false or misleading representations about their products or services. This includes advertising for fitness services.
Any statement regarding qualifications or experience should be supported and if licensed, the licence number should be printed on any advertising. Learn more about advertising standards.
You are entitled to an 'appropriate remedy' from the business when the product or service you purchased does not meet one or more of the consumer guarantees.
This might be a refund, a further service to rectify the problem and in some cases, reimbursement for damages and consequential loss.
If the problem is minor and can be fixed, the business or provider can choose how to fix the problem. You cannot cancel the service/return the product and demand a refund immediately. You must give the business an opportunity to fix the problem.
However, if the remedy (service, repair or replacement) takes too long, you can get someone else to fix the problem and ask the business or provider to pay reasonable costs or cancel the service/return the product and get a refund.
If the problem is major or cannot be fixed, you can choose to:
A problem is considered ‘major’ when it:
If you need to cancel your membership, check your contract first. Like many contracts, cancelling a gym membership may mean paying a fee. Even if the contract requires you to visit the centre to cancel in-person, you should still provide a written cancellation as well. This means you can prove the date you requested your membership to end.
Learn more about contracts.
Before you sign up to a gym membership, consider the following:
"Remember, a membership means you have a binding agreement and you may have difficulty cancelling early. Some gyms charge up to $300 for cancelling a membership, so read the terms and conditions in your contract before you sign."
Can’t find the information you’re looking for? Call us on 13 32 20 or submit an online enquiry.
The following agencies enforce provisions relating to consumer goods and services:
The Australian Securities and Investments Commission (ASIC) is responsible for financial products and services.