Gym advertising
rules.

NSW doesn't have a mandatory fitness industry code today. The NSW Government's guide to running fitness services lists good practice instead: give people a separate sheet of all fees, consider a cooling-off period or an obligation-free trial, don't pressure anyone to sign on the spot, and don't make cancelling difficult.

It used to look different. NSW had an industry code run by Fitness NSW, which applied to gyms that signed up to it and set a 7-day cooling-off period for memberships of 3 months or more. NSW also had a law requiring pre-paid fees to be held in trust, until the government repealed it in 2015. Both still get quoted online as if they apply.

What does apply in NSW is the Australian Consumer Law, enforced by NSW Fair Trading and the ACCC. NSW Fair Trading once warned customers away from a Seven Hills gym that marketed itself as 'no contract' while members signed a binding agreement and complained of charges after cancelling. It received around 550 complaints about gym memberships in the three years to early 2018.

The ACCC told gyms in 2014 that 'No Contracts' is likely to be misleading where members can't cancel at any time, must pay in advance, must give written notice, must pay during a notice period, or are charged for not giving notice. Several gyms agreed to stop using it.

The same logic covers 'no lock-in' and 'cancel anytime'. If a member keeps paying for 30 days after cancelling, it isn't anytime. Write what's true instead: 'Month to month. 14 days' notice to cancel.' Plain terms become a selling point when competitors bury theirs.

Gym memberships are standard form contracts: the same terms for everyone, no negotiation. Since 9 November 2023, using an unfair term in one can bring penalties of up to $50 million, three times the benefit or 30% of turnover, whichever is greatest. The ACCC suggests checking terms that let you change the deal without letting the customer leave, and terms broader than you need.

The bigger change is coming. The unfair trading practices laws passed in July 2026 and take effect on 1 July 2027. For subscriptions, businesses must disclose key terms before sign-up, send notices before renewals and when introductory periods end, keep cancelling to reasonably necessary steps, and offer online cancelling to everyone if they offer online sign-up. Law firm Clayton Utz uses a gym membership as its example of an ongoing subscription.

If your members join online in two minutes and can only cancel at the front desk, that has to change by mid-2027. Starting now is cheaper.

WA's code is the strictest. It covers personal trainers and instructors as well as gym owners, requires public disclosure of fees and the total minimum cost, and bans high-pressure sales. When it was updated, the cooling-off period went from two days to seven, and the regulator can seek orders from the State Administrative Tribunal.

Queensland's code sets a 48-hour cooling-off period and an 18-month cap on minimum terms. The ACT replaced its 2009 code with a new one in force from 9 January 2026, which says promotions must be truthful, accurate and unambiguous, and must not create unrealistic fitness expectations.

In the other states and the NT, the Australian Consumer Law sets the rules. Check with your local fair trading office before relying on any summary, including this one.

A claim like 'lose 10kg in 6 weeks' needs reasonable grounds, for a typical customer, not your best one. The ACCC accepted an undertaking from the seller of an ab toning device over claims that users would lose weight and flatten their stomach without exercise or diet changes, and that one minute equalled up to 400 sit-ups. The company acknowledged it had no reasonable grounds.

On Facebook and Instagram there's another layer. Meta's health and appearance policy bans ads that imply negative self-perception to promote weight loss. Its examples of non-compliant images include before-and-after weight loss photos, a person on a scale and zoomed-in abs. An image that focuses on physical fitness is listed as fine.

So the safe pattern is simple. Promise the program, show people training, and let members talk about how it felt rather than how many kilos came off.

The ACT code says an offer can't be called free or discounted if prices rise, quality drops or programs are restricted because of it. The old NSW industry code said much the same. Treat it as the standard everywhere.

If a free week rolls into a membership, the ad and the sign-up page should both say so, with the price that follows. That's where the 2027 laws land, and where most complaints start.