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Gym Memberships - what I need to know

What is a gym contract?

A gym contract is a contract between you and a gym that

allows you to use the gym’s equipment in return for you

paying them a weekly, fortnightly, monthly or annual fee.

What if I thought I was getting

a free trial?

It is important to carefully read the details of your free trial.

Sometimes you get a month free as part of signing a 12

month contract. Sometimes you get a free trial of the gym

before you have to sign up to a longer contract. Understand

the terms of the free trial before starting it.

Do I get a cooling-off period?

You have a 48 hour cooling-off period on signing a gym

contract. If you want to cancel the contract you must let the

gym know in writing before the 48 hours are up. You should get

written confirmation of your cancellation from the gym also.

What happens if I want to get out

of my contract early?

There can be valid reasons for cancelling a gym contract

after the cooling-off period. You may terminate due to

sickness or incapacity for instance provided you do so in

writing and your cancellation is supported by a medical

certificate. Otherwise you need to cancel the contract

in writing. You should also ask to receive a written

confirmation. However, you still may have to pay a fee

depending on how you terminate the contract.

What if my contract has ended

but I continue?

You can enter into a new contract or maintain your current

agreement. For your current contract to continue it must

include a condition stating it is an ongoing agreement,

which must be dated and initialled by you when you sign

the agreement. And at least two months before it is to end,

the gym must give you a written notice stating when the

initial term ends and that the agreement will continue until

you terminate the ongoing agreement.

What happens if I don’t pay?

Gyms are not required by law to provide consumers with

financial hardship. If you do not pay, there is a risk they

may take you to court to try and recover what they say you

owe them under the contract.

Can I defer payments under the contract?

Some gym contracts will allow you to defer your payments

for a period of time. You should read your contract carefully

and then talk to your gym.

What happens if I have a complaint

about my bill or service?

Talk to the gym about your problem first. If you

can’t resolve the issue, you can get help by calling:

• a financial counsellor on 1800 007 007

• Legal Aid Queensland on 1300 65 11 88.

You can also make a complaint to the Office of Fair Trading

Queensland by visiting www.qld.gov.au/law/fair-trading

To learn more about how gym memberships work, read the

Fair Trading (Code of Practice — Fitness Industry) Regulation

2003. This Code must be made available by

a gym for you to read.

July 2019

For more information about our services

call 1300 65 11 88 or visit legalaid.qld.gov.au

or phone our Indigenous Hotline on 1300 650 143.

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