Problems When Terminating Gym Contracts

Ask a Question
Problems When Terminating Gym Contracts

So you've decided to get fit. That's great, and there are many ways to do it. One of the most obvious these days is to join a gym. After all, it has all the equipment you need, and having to pay good money to go somewhere to exercise with others will give you the motivation you need.

If you're struggling to understand your legal position when cancelling your gym membership, you might find it helpful to use our free Consumer Rights Act 2015 Checker.

In theory it's a wonderful idea. All too often, though, those ideas will translate into action for a few weeks, and then slowly the attendance at the gym will tail off. But you've taken out a membership. If you're not using the gym, do you still have to pay for it?

Your Contract

You might not realise it, but when you take out a gym membership, you're really signing a credit agreement. That means they're for a set period (usually a year), and you agree to pay a certain amount each month. Cancelling your membership doesn't end the credit agreement - outrageously, even if the gym cancelled your membership you might still be liable to pay!

The problem could come if your circumstances change. For a woman that might mean pregnancy, or you may have a new job, or even be moving to a different part of the country. You might believe, reasonably enough, that these changes mean you can cancel your membership without penalty. The chances are that you're wrong. It depends on your contract, of course, but the odds are that you'll still be liable to pay for the length of the contract.

Nor can you change simply because you've changed your mind about wanting to be a member (if that were the case, many gyms would have a small membership).

Be very wary of gyms offering free membership. All too often they're simply a way to get you in, and you'll still end up signing a binding contract in order to use the facilities.

Faulty Goods Rights Checker

Faulty Goods Rights Checker

Find out your legal rights on a faulty product in less than a minute.

Try our Faulty Goods Rights Checker free, here on this site →

What To Do

The best protection is to read the contract thoroughly before you sign it. If you're not sure, take it home with you to study at your leisure. Under no circumstances should you sign at the gym if you're not absolutely certain it's the right thing to do. Make sure you understand everything before signing.

If you ask, the gym has to provide you with a copy of its terms and conditions. If you've joined online or by phone - and people do - then you have the right to a seven day cooling-offer period during which you can cancel your membership without any penalty.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Ending Your Membership

If you want to end your membership, look at your contract. If you don't have a copy, ask the gym to give you one - it's something they're legally bound to do. If the service and facilities at the gym have not been satisfactory, you might be able to cancel without penalty.

Under most circumstances, however, you might be tied in. Even worse, there might be an automatic renewal clause in the contract, under which your contract is renewed unless you tell the gym otherwise. Pay very close attention to the amount of notice you need to give; it may be one month, it might be longer. Give written notice, send it by recorded mail, and keep a copy.

Frustratingly, you really need to keep making the payments, even if you're in the middle of a dispute with the gym. Pay until the contract has ended. That can seem self-defeating, but if you stop your direct debit you could end up responsible for the outstanding balance and other fees. It's worth telling both the gym and your bank that you're paying under protest.

The Next Step

Faulty Goods Rights Checker

Now that you have read through the advice above, you might want to put it into practice. Our Faulty Goods Rights Checker lets you find out your legal rights on a faulty product in less than a minute. Try it now →

Ask Consumer Rights Expert a Question
Star 11/11/2020 at 10:54 am
Please could you advise me - I paid for an annual membership upfront in January. During the pandemic, the gym has been closed although once the government allowed gyms to re-open, my gym never opened and said that instead they would open in the new year. Since they are closed during my annual membership term, should I be entitled to a refund?

Thanks
ConsumerRightsExpert Editor 06/04/2016 at 11:33 am
As it's more than 14 days you cannot claim any kind of cooling off period. You should be allowed to cancel but may have to agree to the 30 day notice (or other notice period stated in the contract). Check the details of the contract you signed before proceeding. In general you can say the following: "The term in the contract that is preventing me from cancelling is an "unfair term" under the Consumer Rights Act 2015. It should be removed from the contract, allowing me to cancel my membership." The WHICH website has a good example of a letter here. If you are experiencing problems you might have to consider taking further action (Small claims court etc) but you can try the Consumer Advice Helpline for more specific help before that.
el 03/04/2016 at 5:22 pm
If you could advise me please... I joined my gym because it offered the first month free. I joined on the 7th March so March was free & my first payment came off on 1st April. At no point when I agreed dos I know I was tied in for 1year!!? On the 28th March I phoned to say I had changed my mind (wanted to join another gym) & I wanted to cancel my membership. It was then I was told I was tied in for a year!? My question is this.. Does my 14day right as a consumer to cancel start from the 7th March or??? Also surely the fact I was not told when I signed means they have broken their side of agreement?? Please advise me.

Very grateful
Elliot

Ask Consumer Rights Expert a question

Ask our editorial team a question and we will reply with our advice. Tell us as much about your situation as you can: the more detail you give, the more useful our answer can be.

You do not need to use your real name. Please do not include your full address, phone number, email address, or the names of other people. We may edit or remove identifying details for privacy and legal reasons.

Comments are moderated before publication.

Try our free Faulty Goods Rights Checker Check Your Rights for Free