Consumer Watch with Candice Evans: Consumer rights and protection you need to know about in fitness industry

How’s that new year fitness resolution going? Maybe the January eagerness to get to the gym has worn off or you’re nearing the end of a 12-week fitness challenge and you’re feeling the pressure to sign up for another one. The good news is, no matter what you decide to do with your fitness goals, you are protected by WA law when it comes to using fitness service providers. In July 2021, the rules governing WA’s fitness industry changed to provide better protection for consumers. The Fitness Industry Code of Practice applies to providers such as personal trainers, group exercise organisers and yoga classes. Despite this, we have seen a 33 per cent increase in complaints from 103 in 2022 to 137 in 2023. The vast majority involve disputes over membership cancellations, payments and refunds. The code has been in place for nearly two years. There is no excuse for flouting the rules, so Consumer Protection is putting the fitness industry on notice. Charging more than $1000 to cancel a membership within the seven-day cooling off period is not what we consider to be reasonably reflective of the administration costs incurred. Using high pressure sales tactics to get people to sign up to expensive “12-week fitness challenges” is breaking the law. Providers cannot make people physically come into the gym to cancel membership contracts. These are just some of the types of complaints Consumer Protection is still seeing. Consumer Protection has a few training tips for when it comes to engaging a fitness service. Your membership agreement must include a summary statement to help you understand your responsibilities and it should also state whether it involves an ongoing month-to-month renewal or is a fixed term contract of no longer than 12 months. You must be notified before your membership is automatically renewed. Should you decide the fitness service is no longer for you, you won’t need to arrive in-person to cancel your membership. Cancellations can now be made by email, with direct debits required to stop immediately. High pressure sales tactics and harassment are banned. After first signing up, you have up to seven days to cancel your membership and you should pay only for administration costs or services used. If you want to cancel at any point after this seven-day period, the most you can be charged on your membership is 30 days after your notice of cancellation. Take the time to re-assess your new year resolutions and fitness goals. Consumer Protection is your cheer squad. For more information on the Fitness Industry Code of Practice, visit commerce.wa.gov.au/publications/was-fitness-code If your fitness service provider is breaching the code, call 1300 30 40 54, email consumer@dmirs.wa.gov.au or visit consumerprotection.wa.gov.au. Candice Evans is senior regional officer for Consumer Protection in the Mid West