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With complaints reportedly soaring against gyms in Western Australia, WA Consumer Protection has advised that fitness operators in the state are under threat of prosecution over matters of misleading and deceptive conduct.

WA Consumer Protection is urging Western Australians to exercise caution before signing up for fitness programs or challenges with particular concerns over advertisements for ‘free’ body transformations or ‘free’ fitness challenges or programs, which claim to include services such as fitness classes, personalised nutrition plans and one-on-one fitness sessions.

Frequently spotted on Facebook and Instagram, the consumer protection body cites that while these posts and offers encourage consumers to sign up or ‘leave a comment ASAP’, only a select number of 'free' spots are often available.

WA Consumer Protection has concerns that these services are rarely delivered and the programs are not free. Instead, people sit through a lengthy initial consultation before being subjected to high-pressure and predatory sales tactics to sign up to a program that can cost thousands.

In July 2021 the rules governing Western Australia’s fitness industry changed to provide better protection for consumers. The Fitness Industry Code of Practice (Code) applies to providers such as personal trainers, group exercise organisers and yoga classes.

Despite this, there has been a 33% increase in complaints from 103 in 2022 to 137 in 2023. There have been over 70 complaints already made this year. The vast majority involve disputes over membership cancellations, and payments and refunds.

Investigators are aware of some providers charging over $1,000 to cancel memberships within the seven-day cooling off period or forcing consumers to physically come into the gym to cancel. This is not allowed.

Complaints received also relate to consumers being asked to sign ‘accountability terms’ where they must reach a weight loss goal, attend a minimum number of workouts a week, and have weekly body scans. They must also send photos of their weight and step count every day and write a positive Google or Facebook review. People are told the program only becomes ‘free’ when they complete the accountability terms and can use the fee towards another program or challenge. Consumer Protection alleges this is misleading or deceptive, and unfair.

Commissioner for Consumer Protection, Trish Blake says the fitness industry has had long enough to adhere to the Code, noting “the Fitness Industry Code of Practice has been in place for over three years. There is no excuse for fitness service providers to behave like this.

“The fitness industry is on notice that Consumer Protection will prosecute.

“These ‘body transformation’ challenges are on our radar, and I don’t want to see consumers ripped off and fat-shamed by people who are meant to be helping them with their health.

“I urge people who are looking to sign up with a fitness service provider to familiarise themselves with the Code so they know their consumer rights.”

Representations about services being free when this is not the case may also be a false or misleading representation under the Australian Consumer Law and hefty penalties can apply upon conviction in the courts.

Consumers who have had unsatisfactory dealings with a fitness service provider are urged to lodge a complaint on the Consumer Protection website at  www.consumerprotection.wa.gov.au.

Enquiries can be made by calling 1300 30 40 54 or emailing consumer@demirs.wa.gov.au.

Learn more about the Fitness Industry Code of Practice 

Image. Credit: Shutterstock

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