Skip to content

Arts

Read More ›

How to Exercise Your Rights Against Unfair Gym Contracts

What to expect and what to avoid when you sign up for a new gym membership

avvogym

This article originally appeared on Avvo.com.

It’s a new year, and you’re ready to set out on a healthier lifestyle, complete with a shiny new membership at the local gym. Great! However, it is not uncommon for health clubs, particularly those with higher-than-average membership rates and dozens of amenities, to gouge patrons with fees, lock-in clauses, and unfair contract terms. This New Year, consider the following tips as you shop for your membership, and be mindful of hidden provisions that may work to your disadvantage should you need to terminate or transfer.

What to expect when you sign up

Your gym understandably needs to protect itself – after all, business is business. Therefore, you should expect certain terms in a standard membership contract. Of course, you must agree to a monthly or annual payment term. The contract should clearly state the length of the contract, as well as whether the contract will automatically renew at the conclusion of the monthly or yearly term.

In addition, you will likely be required to agree to some sort of early termination fee, a standard contractual practice across most industries designed to help businesses alleviate the cost of a contract breach mid-term. Lastly, your contract may require you to make some sort of payment up front, which is either a credit toward your regular payment or a flat fee assessed by some clubs for the administrative tasks associated with onboarding a new member.

What to avoid: Empty promises and sneaky clauses

According to the Better Business Bureau, complaints against gyms rose 20 percent in 2014, topping out at over 80,000 for the year. The following are some gym contract pitfalls to avoid:

  • Empty verbal promises: Gyms often employ in-shape, fit-looking front-end staff members to seal the deal with potential clients. This strategy often involves high-pressure sales tactics or verbal promises of certain perks along with the gym membership. Perks are great, as long as the promise is committed to writing and included in the language of the contract. Verbal promises made prior to the execution of an agreement are not generally enforceable in a subsequent dispute if there is no record of the statement within the agreement itself. So, whatever the sales representative promises you, get it in writing.
  • Clarify automatic debits: Businesses across all industries love to sign customers up for automatic withdrawal. This ensures payment of the monthly membership fee and presents an annoying hassle for customers wishing to cancel or terminate their contract. Many times, customers will let the monthly debit continue even if the interest in the membership has ceased. If you are wary of automatic debit, insist on paying each month instead, a step that could save you a great deal of money in the long run.
  • Double-check the duration: Many states have limitations on the length of time a contract can last under an initial agreement. In Ohio for instance, gym contracts cannot exceed three years. Moreover, one of the top complaints lodged against gyms involves the automatic renewal of gym contracts at the end of the term — supposedly for your convenience — which is often buried deep in the fine print. Some gyms contracts even require customers to notify the gym in writing 30 days or more before the final date of the contract, or it will automatically renew.
  • Confirm cancellation terms: Some gyms allow customers to terminate the agreement mid-term if the customer must move away from the area or is experiencing some sort of hardship. When reviewing the terms of your contract, inquire exactly what you must do to exercise your right to cancel, as some places require written proof of relocation.

Let others do the heavy lifting 

If you are having a difficult time with your gym contract or are continuing to see unauthorized debits or the assessment of fees, it may be time to contact your state’s attorney general about the issue. California, North Carolina, New Jersey, Washington, Maryland, New York, Oregon and Ohio are just some of the states with specific laws targeting the health club industry – statutes which include hefty fines and penalties for any gym that fails to comply.

Avvo makes legal easier by providing free answers from lawyers, client reviews, and detailed profiles for 97% of all licensed attorneys in the U.S., so you can find the lawyer who’s right for you. Avvo Advocates write about legal issues in everyday life on the Avvo NakedLaw blog.

 

Rearview Mirror: Crocodile Guardians, Late-Summer Potato Salad, and a Halloween Costume Hunt

Rearview Mirror: Crocodile Guardians, Late-Summer Potato Salad, and a Halloween Costume Hunt

Things I did, saw, ate, learned, or read in the past week (or so).

COOKING WITH ASTER PANTRY A few leaves turn, my inbox fills with fall festival pitches and cozy brunch menus, and suddenly I want to stay home with a glass of wine and cook. I love this nesting season, though I’m not ready to give up summer produce. Earlier this year, I wrote about Seattle chefs…

WALKDONTRUN Returns This Saturday, Turning Downtown Seattle Into a Sprawling Art Show

WALKDONTRUN Returns This Saturday, Turning Downtown Seattle Into a Sprawling Art Show

In its second year, the free festival brings 200-plus artists to a 20-block route September 19, with a secret garden and a former 7-Eleven stocked with art.

Most walks through downtown Seattle involve trying to get somewhere. On September 19, the crosswalk itself might be the reason to stop. Heap Troupe will turn a four-way crossing into a performance, one of dozens of encounters planned for this year’s WALKDONTRUN. The free, all-ages art walk stretches across more than 20 blocks. From 11…

At Two Dot Schoolhouse, Ruth Marie Tomlinson Builds an Artistic Community

At Two Dot Schoolhouse, Ruth Marie Tomlinson Builds an Artistic Community

For nearly 20 years, the Seattle artist and her husband have welcomed artists, writers, and musicians to a historic Montana schoolhouse. Now they’re searching for its next stewards. 

At her solo exhibition last year at The Vestibule, Seattle artist Ruth Marie Tomlinson presented a new series of work inspired by her close readings of British nature writer J.A. Baker’s The Peregrine and Icelandic author Sjón’s The Blue Fox. As if on sheets torn from a sketchbook, her pages included excerpts and outtakes of…

Rearview Mirror: Seahawks Off the Field, Seattle on the Board, and Smoked Oysters

Rearview Mirror: Seahawks Off the Field, Seattle on the Board, and Smoked Oysters

Things I did, saw, ate, learned, or read in the past week (or so).

HOOKED ON KNOCKS Admittedly, I am late to this one. The Seahawks’ first season of Hard Knocks, the HBO series that follows NFL teams through training camp, premiered in August, but until last week, I had never heard of it. To be honest, my football knowledge starts with knowing what a touchdown is and doesn’t…