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In NSW the Fitness Industry Code of Practice may be administered by New South Wales Fair Trading. The aim of this code generally is to set minimum standards of performance by those working in the fitness industry and to set out customer dispute resolution methods. In general terms, as extracted from Fair Trading’s website, the code obliges providers to:

  • Display at the premises a current Fitness Australia Certificate of Membership or sticker;
  • Supply sufficient information to enable a consumer to make an informed decision about becoming a member;
  • Not use false or misleading advertising or marketing practices;
  • Ensure that all promotional material is truthful, accurate and unambiguous;
  • Allow prospective members to inspect the premises without any obligation to purchase a membership;
  • Offer a range of membership contract options including periodic billing and pre-payment
  • Disclose the full price of all goods and services offered (this includes joining fees, frequency of payments, early cancellation fees, exercise consultation fees, fees for individual visits, etc);
  • Provide a consumer with a copy of the proposed membership contract (if requested) and a copy of the contract when signed;
  • Not use unreasonable sales methods to sell memberships (eg. harassment or coercion);
  • Not accept pre-paid membership/renewal fees beyond a 12-month period;
  • Offer a cooling-off period that allows consumers to terminate new membership contracts of 3 months or more;
  • Provide for a refund or membership deferment where sickness or physical disability arises;
  • Provide appropriately qualified staff to conduct fitness or allied fitness programs;
  • Maintain a high level of cleanliness and comply with occupational health and safety standards;
  • Ensure that all equipment is correctly installed, mechanically sound and serviced as required;
  • Ensure that all exercise areas provide adequate safe working space and are not overcrowded;
  • Ensure that all consumers’ personal information is handled in accordance with Privacy Act requirements;
  • Respond to consumer complaints promptly, using an established complaints resolution process.

At Navado, we may be able to assist you in assessing your compliance with the code. Additionally if you have joined a fitness institution, and believe that they may have breached these terms, then we would encourage you to contact us immediately so we may discuss your next steps with you. Please call our firm on (02) 9233 4048 or send an email to info@navado.com.au to book an initial consultation with one of our Compliance & Regulatory Law Solicitors. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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