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.