End a fitness membership agreement

A client can cancel their agreement in certain circumstances by giving written notice. They can cancel:

• during the cooling off period
• due to sickness or incapacity
• for other reasons.

During the cooling-off period

A client can cancel their agreement:

• during the 48-hour cooling-off period
• by giving you notice in writing.

You must refund:

• any fees the client has already paid
• within 21 days of the written notice.

You can charge:

• a fee for any fitness service you supplied to the client before they cancelled
• an administration fee.

The administration fee may be 10 per cent of the membership fee, up to a maximum of $75.

Due to sickness or incapacity

A client can cancel their agreement if they cannot continue to use their fitness service due to

• permanent sickness
• physical incapacity.

The client must give you:

• written notice
• a medical certificate that confirms the sickness or incapacity.

You must refund:

• a proportion of the client’s fees
• within 21 days of the notice.

You can charge:

• a fee for any fitness service you supplied to the client before they cancelled
• an administration fee.

The administration fee may be 10 per cent of the membership fee, up to a maximum of $75.

For other reasons

A client can cancel their agreement for other reasons. They must give you:

• written notice
• evidence of the agreement.

You can only charge the maximum termination fee stated in the client’s membership agreement.

You must respond quickly and fairly if they ask to cancel.