Network Magazine winter 2015 | Page 67

NEWS News and views from the New Zealand fitness industry. Is your fitness business trading fair? The recently implemented ‘unfair contract terms’ changes to the Fair Trading Act came into effect in New Zealand on 17 March 2015, meaning that some common practices in the fitness sector need to be revised. The new law affects everything from transferring and freezing policies, through to what happens i f a member wishes to terminate their membership before an already agreed minimum term has been reached. For some businesses, the modifications needed may only be a simple rewording of certain clauses to ensure they reflect both the facility’s and the consumer’s needs, but for others the changes will need to be more comprehensive. Analysis by ExerciseNZ leads us to believe that almost all agreements used in New Zealand prior to March will require some adjustments in order to be compliant with the recent changes to the Fair Trading Act. If you think that the changes only apply to the ‘big gyms’, think again. The changes apply to any ‘standard form consumer contract’, which includes membership agreements used by gyms, health clubs, studios and Retention research released ExerciseNZ has just released its second member retention research report, which includes analysis of over 60,000 individuals spread around New Zealand. The report shows both trends in retention across various demographics (age, gender, membership type) as well as detailed analysis of the factors driving retention. What’s very clear is that the market has changed substantially from 2006, which is when we last did comprehensive analysis of retention in New Zealand. Everything from retention to seasonal sales patterns has changed. Report author Dr Paul Bedford, otherwise know as the Retention Guru, was commissioned to undertake the report in late 2014, and all those that took part have received the report for no charge. other exercise facilities, but also pre-written agreements used between trainers and clients. The Commerce Commission, which is responsible for enforcing the new laws, has indicated it will prosecute businesses that breach it, and will be reviewing several industries including the exercise industry. Fines for breaching the law could be as high as $200,000 for individuals and $600,000 for businesses. We don’t want to see any businesses falling foul of the law, so ExerciseNZ has developed a best practice guide for membership agreements to ensure exercise facilities stay compliant with all New Zealand laws. For more information on how to be compliant, contact ExerciseNZ on 0800 66 88 11 or email [email protected]. Richard Beddie CEO, ExerciseNZ Health and safety on the agenda Given the growing requirements of health and safety law in New Zealand, ExerciseNZ is working to establish industry practice guidelines for a series of common scenarios from a health and safety perspective. Topics already identified include unstaffed facilities, pre-screening clients, casual visitors and privacy vs health and safety considerations with regards use of cameras. The intention is to develop a series of hands-on guides to common industry issues that can be used by facilities and exercise professionals as they develop their own policies and practices. NETWORK WINTER 2015 | 67