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Fair Trading (Fitness Industry) Code of Practice 2009 is a mandatory code of practice for fitness centres and fitness industry professionals in the A.C.T.
There is no form of licensing for gyms and fitness centres, however where fitness services are being provided they must operate in accordance with the Fair Trading (Fitness Industry) Code of Practice 2009.
The objectives of the Fitness Code are:
to ensure appropriate standards of training are maintained within the fitness industry;
to promote consumer confidence in the fitness industry;
to ensure that management and employees in the fitness industry provide services in an ethical and professional manner which takes into consideration the interests of consumers;
to support and promote the fitness industry;
to establish the rights and obligations between suppliers and consumers in relation to:
services offered and provided;
the disclosure of all information that is relevant to a consumer entering a membership agreement at a fitness centre; and,
complaint resolution; and,
to establish adequate procedures to resolve complaints.
The Code Administration Committee:
monitors compliance with the Code;
reports to the Minister on the effectiveness of the Code;
monitors complaints referred to the Commissioner for Fair Trading;
develops policy and procedures to promote the Code within the industry and its recognition by consumers; and,
conducts periodic reviews of the effectiveness of the Code and considers recommendations for amendments to the Code.
The Fitness Industry Code of Practice includes a complaint resolution procedure, in which suppliers shall make every reasonable effort to resolve quickly and fairly any compaint made by a consumer in relation to the provision of services offered under a membership agreement with that supplier. Suppliers must also have a documented complaints handling policy.
A poster and pamphlet are also available for consumers referring to the A.C.T. Fitness Industry Code of practice and guidance material.
You should initially contact the supplier to discuss the issue, and if unable to be resolved, refer the complaint in writing to the Commissioner for Fair Trading.
Suppliers are obligated under the Fitness Industry Code of Pratice to display any new rule in a place where it is likely to come to the attention of consumers.
Suppliers of fitness services must operate in accordance with the Code. Fitness services include:
a pre-exercise evaluation;
an individual fitness program and fitness assessments;
a supervised fitness program;
a group fitness program; and/or,
the provision of fitness equipment at a fitness centre for use by consumers.
A supplier means a person, other than an employee, who supplies fitness service, but does not include:
a medical practitioner registered under the Medical Practitioners Act 1930 providing a service in the course of his or her profession;
a physiotherapist registered under the Physiotherapists Act 1977 providing a service in the course of his or her profession;
a sporting club or organisation established to engage in competitive sport, where people, either individually or as part of a team, train in a place other than a fitness centre; or,
a person engaged in the business of providing only the use of a spa or sauna bath, swimming pool or similar facility.
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