Insights Sectors: Fitness & Sport

We published an article outlining the collective bargaining class exemption for small to medium businesses approved by the ACCC earlier this year. This exemption came into effect on 3 June 2021 and allows eligible small and medium businesses to engage in collective bargaining with their suppliers without being in breach of the Competition and Consumer […]

Small and medium businesses will have the ability to collectively bargain with their suppliers once the first ever class exemption granted by the ACCC commences this month. Background and the ACCC’s class exemption power Since November 2017, the ACCC has had the power to make class exemptions for certain types of conduct which may otherwise […]

Powell v JFIT Holdings Pty Ltd t/as New Dimensions Health and Fitness Centre [2020] NSWDC 264 Background On 4 February 2016, a gym member twisted her back while clearing weights strewn about the floor of the gym to make space for her exercise regime. She sustained a serious spinal injury which has resulted in ongoing […]

Key takeaways Important case for personal fitness instructors and other fitness operators. Harm reduction measures are important, even where no prior accidents have occurred. A Plaintiff must show a reasonably practicable precaution that could have been taken to avoid the risk of injury. Fitness instructors need to give clear instructions and insist on the use […]

Key takeaways: New legislation governing arbitration/ADR of Australian sports disputes National Sports Tribunal introduced for resolution of sports disputes Two-year pilot Conditional opt out scheme Laws apply to acts committed or omitted within as well as outside of Australia Locally handled sporting Appeals have the potential to lower costs Significant civil penalties for breach Sports […]

Franchise systems are prevalent in the Fitness Industry. Buying a franchise has a number of advantages, such as the association with an established and reputable brand or service, assistance with setting up elements of the franchise, initial management training and ongoing support via established policies and procedures, and access to existing business systems. These advantages […]

Working as a Fitness Professional (FP) can be a rewarding career in helping others achieve their health and fitness goals, but the responsibilities also carry a number of substantial and potential legal and business risks, so it is always a good idea to check that you, and your business, are as well protected as you […]

Lending a helping hand is an ideal ingrained into the Australian psyche. Doing that little bit extra is something we often do without thinking twice about it. However, in light of the recent decision of the New South Wales Court of Appeal in South Sydney Junior Rugby League Club Ltd v Gazis1 workers may now […]

On 1 January 2011 the Australian Consumer Law (ACL) introduced some significant changes to the obligations on suppliers of services and goods. This update sets out a few practical tips on how fitness businesses can limit complaints and stay on the right side of the consumer law. Under the ACL, you guarantee that services supplied […]

Over the years, we have been able to help clients grow their businesses with reduced legal risk, predominantly by ensuring that binding arrangements with others are properly documented (such as arrangements with partners, franchisees, employees and contractors), and that before being signed, written documents provided to our clients by third parties mirror the verbal agreement […]

The Supreme Court of the Australian Capital Territory has awarded damages of $255,261 to a student who injured himself while studying to be a fitness instructor at the Canberra Institute of Technology (CIT). The facts The student was enrolled at the CIT, studying to become a fitness instructor. He was participating in a class where […]