If you’re running a business in the fitness and wellness industry, it’s important that you understand the regulations that apply to you. Our legal team specialises in supporting businesses in the fitness space – whether it be limiting your liability through contracts or advising you on regulatory compliance, we’re here to help.
To establish a fitness or wellness business in Australia, you will need to prepare and register a variety of legal documents. Key requirements include:
- Registering your business name with the Australian Securities and Investments Commission (ASIC).
- Obtaining Workers' compensation insurance and business insurance (e.g. public liability, professional indemnity).
- Securing Council approval (if operating from a commercial premise) and a lease agreement (if renting premises).
- Having Health and safety policies and procedures in place.
- Complying with privacy and data protection policies and procedures.
- Registering with relevant industry bodies (e.g. fitness Australia, Yoga Australia).
If you're running a fitness business (such as a gym), then it is likely that the National Fitness Industry Code of Practice applies to you.
The Code is designed to guide businesses on how they can meet their legal obligations, such as minimising the risk of harm when customers use gym equipment and protecting the privacy of individuals when collecting and storing their personal information.
The Code also sets out the requirements of what your business contracts should include. As such, it's wise to consult a lawyer so that your documents and internal processes are compliant with the relevant laws.
We've written more about the Code of Practice here.
Yes, like many other businesses, gyms and other fitness businesses need terms and conditions that are tailored to the nature of their business activities.
Fitness and wellness businesses have specific requirements. For instance, there is a certain level of risk and liability involved with customers using heavy machinery and equipment. As a fitness business, it's important that your T&Cs (along with your other contracts!) cover these key matters so as to limit your liability.
Health information in general is also treated very carefully under Australian privacy laws. As a fitness business, you may ask customers to disclose certain health information, such as pre-existing conditions that may render them more vulnerable to incidents or accidents on your premises.
In such cases, you'll need to comply closely with the Australian Privacy Principles and have the appropriate Privacy Policy in place.
