Yahoo Finance Can you break your gym membership contract? Maybe
You’ve dropped a few pounds and toned that unsightly flab, so that gym membership you enthusiastically signed up for in early January is looking like a bad lapse in judgment.
The question is: can you break the contract? And the answer is yes — maybe.
For starters, the rules for breaking your contract with a fitness club or gym will vary depending on what province you live in. In Ontario, consumers have a right to cancel a contract and get a refund on money paid out within a 10-day cooling off period from the date the contract was signed. The consumer doesn’t need to give a reason for backing out, but they do have to indicate their about-face in writing.
But what if you’ve exceeded the 10 days? There’s good news because according to the Ontario Consumer Protection Act, you may have the right to cancel a gym contract within one year if it wasn’t delivered to you in writing, if it’s missing information — such as the start and end date — and if the gym engaged in misrepresentation.
“Generally consumers who want to cancel their contract should provide a cancellation letter to the gym and keep a copy as proof,” says Sandra Bento, media relations advisor with the Ministry of Government and Consumer Services.
Never cancel by phone, warns Bento. You can try emailing a cancellation notice, sending one by registered mail or hand delivering one. With the latter, be sure to get a signature on a delivery receipt.
When that year approaches, there are a few things to keep in mind. All contracts must end after one year. Contracts can be renewed providing the gym sends a notice at least 30 days, but not more than 90 days, before it expires. The gym must also give the consumer a copy of the contract clearly noting all changes it has made.
If you don’t want to renew your membership, you need to notify the gym, otherwise the gym will automatically do so. Again, a phone call is not recommended. Do it in writing.
If your contract is renewed without notice, it’s not valid, according to the CPA. You need to send the gym a cancellation letter requesting a refund of money you’ve paid since the termination of the original contract.
“Always review the contract before signing,” says Bento. “It’s important to pay attention to the terms and conditions. A contract can’t ask consumers to give up their consumer rights. For example, a contract can’t cancel the 10-day cooling-off period in Ontario.”
“It’s important to pay attention to the terms and conditions. A contract can’t ask consumers to give up their consumer rights. For example, a contract can’t cancel the 10-day cooling-off period in Ontario.”
Let’s say you’ve been a member of a gym for 14 months and you’re now regretting having to shell out fees for the next 10 months until your contract expires. Do you have any recourse? You might.
According to the Better Business Bureau, another circumstance that allows for the cancellation of a gym membership contract is in cases of unfair business practices in which a product or service has been misrepresented. So if your fitness centre claims its personal trainer has a certain license or accreditation and you learn otherwise, or if they claim their equipment is a certain quality and you discover it’s not, then you can break your contract.
“The company has 15 days to return any money they’ve collected,” says Emma Borski, communication coordinator for the central Ontario bureau of the BBB. “My recommendation is to review the contract and understand fully what it entails. Being educated about your contract is your best protection.”
“My recommendation is to review the contract and understand fully what it entails. Being educated about your contract is your best protection.”
The reputation of some fitness centres and gyms have come under fire in recent years thanks to shady business practices. In January, the BBB fielded 15,000 inquiries about gym memberships and health and fitness clubs. While Borski says complaints leveled at the industry are no greater than other sectors, that wasn’t always the case.
A CBC investigation in 2011 revealed serious problems with gym memberships in Canada. The report noted that some Canadian fitness clubs collected hundreds of millions of dollars by continuing to debit the accounts of former members. An Ipsos-Reid poll for the CBC claimed that 39 per cent of gym goers reported problems with over billing.
Here’s what consumers need to know before signing a contract.
Finally, when all else fails and you need a little levity on the issue, check out Buzzfeed’s suggestions for getting out of your gym membership. They include kicking exercise balls randomly at other gym members and bringing your pets to the gym for a workout on the treadmill.
