Gym memberships
October 2008
Ten steps to a healthy body and bank balance
The following tips are designed to help consumers to get the best deal when joining health and fitness clubs.
1. Can I visit a gym before becoming a member?
Some gyms offer free trials or pay-per-visit membership. Ask the gym if you could get a free "try out" before deciding on whether to join.
Take the opportunity to speak to existing members and find out if they are satisfied with the service the club provides.
2. What is included in the membership fee?
Joining a gym often includes an up front once-off "joining up fee" in addition to the regular membership fee.
Some gyms may advertise special incentives such as "first-time special offers" with a reduced joining fee. But remember that monthly subscriptions may have to be paid on top of the special offers.
3. How do I pay for my membership?
The types of payments vary from gym to gym:
- Some require payment in advance in respect of a year's membership ("up front annual subscription fee")
- Others provide the option of paying by direct debit/credit cards instalment,
- Or a combination of both options (up front payment or monthly subscription) may be available
In all cases:
- Calculate how much each option will cost you
- Read the terms and conditions with particular reference to any penalties for default of payment
- Satisfy yourself that the payment option you choose is best suited to your needs
Remember: if you are paying by instalments, your bank/credit card statement is similar to a receipt, so check it.
4. How do I work out the cost of joining a gym?
Draw up a budget so that you will know exactly how much the cost of using the gym over a 12-month period will cost. Make a list of all your out-of-pocket expenses.
You should include the following items in your budget:
- The cost of the joining up fee
- Annual subscription fee (up front annual subscription or monthly instalment fee)
- Fees for any special exercise or fitness plans
- Any additional costs such as cost of parking, undergoing a fitness assessment or the cost of using creche facilities
5. How long is the contract for?
If you sign a contract for, say, a "minimum period of 12 months", you are most likely to be committed to paying for a year's membership.
If so, you may not be able to cancel the contract. This can be the case even if you pay by instalments or by direct debit.
Once you have signed the contract you are legally committed to paying for the minimum duration. In cases where the membership subscription has been made in advance ("up front payment") you may not get a refund/partial refund.
While it is open to you to stop your direct debit at any time, remember that this does not remove your payment obligations under the contract.
Some gyms operate a rollover or an automatic renewal clause. This means that if you fail to inform the gym in writing that you do not intend to renew your membership, it will automatically continue.
It is important to be clear about the duration of the contract and whether notice of cancellation is required. Think carefully before you sign up.
6. Do I have to give notice to cancel?
Most gyms require notice in writing if you want to cancel membership. The notice period could range from a month to three months.
If you fail to give the required notice, the gym may demand payment in lieu of the cancellation period. Make sure you know what the cancellation notice period requirements are.
Example of a cancellation clause in a gym contract "Following the 'initial minimum membership period' membership shall automatically continue on a monthly basis. Should a member wish to terminate their contract after the 'initial minimum membership period' they must fill in a cancellation request form and a minimum of 60 days' notice and two monthly direct debit payments are required." In simple terms, this means you must give the gym two months' notice in writing before the minimum 12-month contract expires. If you are uncertain about your commitment to a minimum period of "12 months" you should ask the gym if it operates a short-term contract facility. |
7. What action can the gym take if I miss a payment?
Approaches vary from gym to gym. Beware that cancelling a direct debit linked to a minimum membership period does not cancel any debt that may exist between the gym and the consumer.
A gym may be within its rights to follow up on missed payments, as the signed contract agreement is a legally binding document.
If you cancel a gym membership and you have been paying by monthly instalments, always check your bank/credit card statements to ensure that subscriptions have ceased. Remember it is your responsibility to check your statements.
8. Understanding the wording of the membership agreement
Agreements should be clear. You should not need legal advice to understand the terms and conditions.
Take time to read the contract through, so that you fully understand what the club expects of you and what you can expect of the club.
If you do not understand any of the conditions, or if the meaning of the term is unclear, ask questions and get your answers before signing. That way you will be more likely not only to get fit but also to get a fair deal!
9. What if the gym says it is not liable for injury claims?
This type of blanket clause may be unfair under EU consumer law.
You should bring this to the attention of the gym owner/manager, mentioning the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995.
Under its provisions, a clause is considered potentially unfair if it states that the supplier is not responsible for death or personal injury to the consumer "resulting from an act or omission of that supplier".
10. Redress
If you have a disagreement with the gym in relation to its services, you should first try and resolve the matter by directly approaching the gym owner/manager. It is best to keep copies of all correspondence.
If the dispute cannot be resolved, it is open to you to refer the issue to the Small Claims Court at www.courts.ie. Claims involving amounts up to €2,000 may be processed through this procedure, at a cost of €15.
And finally...
Take the opportunity to speak to existing members and find out if they are satisfied with the service the club provides. Make sure that the agreement meets your requirements.
If you have queries or complaints relating to the unfair terms or practice by leisure clubs, contact the NCA at
National Consumer Agency
4 Harcourt Road
Dublin 2
Tel. 1890 432432 or (01) 402 5555
Email: ask@consumerconnect.ie
Learn more
Read our guide to using the Small Claims Court
Find out about your rights and obligations when cancelling a service