Do you have a gym membership? Do you know when your contract ends? If the answer to the last question is ânoâ, youâre not alone! We often receive calls from people who have just discovered they are paying monthly fee for a gym membership they thought had ended months ago.
How does this happen?
According to BC law, gym memberships (technically called continuing services contracts) must not be longer than two years. If at the end of the contract you want to renew it for another two years, you are able to do so by consenting in writing within one month of the expiry date. This being said, gyms can put special clauses in their terms and conditions which allow the service to switch to a âmonth to monthâ relationship once the initial two-year period ends. If you sign a contract that includes such a term, the gym can bill you on a month to month basis until you cancel properly. You can cancel at any time after the original contract has expired at no cost to you if you give 30 days written notice to the business.
How do I cancel?
The best way to cancel is in writing and sending it in a method that can prove it was sent and received (such as a fax with a verification report or by registered mail). If you cancel in person, be sure to keep proof of the cancellation notice. Visit the âcancelling a gym membership?â section of our website for more information.
The most important thing to remember is to read the terms and conditions of your contract so that you know whether the membership is going to roll over after two years. You may want to give yourself a reminder of when the original membership is over so you can cancel your contract at that time should you wish to do so.
Not all gym contracts are the same and there can be a lot to know about these types of contracts. Get more information by looking through some of our blog posts related to gym memberships listed below.
ADDITIONAL READING:
Joining a gym? Hereâs why you should âsweatâ your membership, first
Work out the details of your gym contract before signing!
What would you do? A guide to being a savvy consumer: gym memberships
What happens if a contract is signed on day X months (with an introductory rate) before a gym opens on day Y well outside of the 10 days? Does it matter if payment is due on day X or Y?
Hi Martin, thanks for your question. The laws state that you have 10 days from receiving a copy of the contract to cancel. The laws don’t speak to when payment was made, rather it speaks specifically to the day a copy of a contract is received. I hope this is helpful.
Hi Tracy, in order to cancel a continuing services contract due to change in your medical condition, the doctor’s note must state that continued participation with that facility would be hazardous to your health. Best regards!
At the end of your contract, must they serve you with a notice stating this and informing you that your contract will continue on a month-to-month basis?
[quote name=”Bri”]At the end of your contract, must they serve you with a notice stating this and informing you that your contract will continue on a month-to-month basis?[/quote]
how many days before do they should remind me? Required in BC.
Bri
21 September 2012
At the end of your contract, must they serve you with a notice stating this and informing you that your contract will continue on a month-to-month basis?
How many days they should remind me before contract expired?
Hello Bri and Yan, A fitness club or gym is not required to provide you with notice that the two years is up. That’s up to you to remember and give them 30 days notice in writing if you want to cancel your contract.
Also it’s my understanding that if the “roll over” is in the terms and conditions in your original contract, they aren’t obliged to serve you notice around the continuation to month to month either. So that’s why it’s really important to read all contracts first and be informed about what you are signing up for.
Actually they must provide you with notice that the membership will be renewing. If they do not then the membership cannot be renewed. This is under the Prepaid Services Act. Notice re renewal
Section 11.(1)Where a contract provides for renewal and the operator does not deliver to the customer a notice reminding the customer of the provision required by subsection 4 (2), the provision for renewal does not apply.
https://www.ontario.ca/laws/statute/90p22
Tatiana, you really need to read up on the legality of things before providing incorrect information.
Hi Kathleen, thank you for your comment. I see that you are referring to the Prepaid Services Act in Ontario. Our information on our website and blog posts are meant for BC residents and consumers. The information on this blog post and its related comments about gym memberships is from BC’s Business Practices and Consumer Protection Act and Consumer Contracts Regulation. In BC, gyms are not required by law to provide a renewal notice. Having said that, they are not allowed to renew the contract without the consumer’s consent in writing within one month of the expiry of the contract. You can find this information through this link.
I had purchased a year long membership with a gym. Skip ahead seven years later and I’m still being charged for a gym membership but for a different gym that moved into the space.
What can I do? I have now cancelled the membership
Hi Alanna — could you give our Inquiry Centre a call/email so we can ask a few more questions? We’re open Mondays through Fridays, 8:30 a.m. to 4:30 p.m. and you can call 1-888-564-9963 or email info@consumerprotectionbc.ca. Thanks!
Quick Question.
I had prepaid for a 1 year contract at a gym. Their terms (which i forgot about) state that after the first contract ends that you will be auto renewed on a month to month contract.
Does the month to month contract count as a “new” contract? Would one be entitled to a new copy of this contract and thus have 10 days to cancel?
Thanks!
Mark
They must provide you with notice that your contract is up for renewal.
https://www.ontario.ca/laws/statute/90p22
Notice re renewal
Section 11.(1)Where a contract provides for renewal and the operator does not deliver to the customer a notice reminding the customer of the provision required by subsection 4 (2), the provision for renewal does not apply.
Hi Mark — Thanks for your question. If this was in the terms and conditions of your original contract then no, going on a month-to-month term would not constitute as a new contract. I hope that helps! Cheers, Melaina
Melaina, Thank you
would a gym membership be deemed not binding, as they offer a program where “if you bring a friend for a trial and they join, you receive a free month after they sign up?” as per this section of the act?
(4) A future performance contract is not binding on the consumer if
(a) the supplier gives, or offers to give, a rebate, discount or other value to the consumer in consideration of the consumer giving to the supplier the names of prospective consumers, or otherwise aiding the supplier in making a sale to another person, and
4) A future performance contract is not binding on the consumer if
(a) the supplier gives, or offers to give, a rebate, discount or other value to the consumer in consideration of the consumer giving to the supplier the names of prospective consumers, or otherwise aiding the supplier in making a sale to another person
Mark
Hi Mark â When was the incentive made? (i.e., before you entered into a contract with the gym, or after you were a member?) That will help us determine if this section of the law applies to your situation or not. Cheers, Melaina
Melaina, thanks again for the fast response, this is an amazing service.
This incentive is publicly advertised on their website, and and I was reminded of it prior to finalizing my contract.
This gym happens to be fairly expensive, and they advertise this as a way to get free months.
Thanks,
Mark
Always happy to help, Mark! It’s hard to say whether or not this section of the law would apply, as it’s pretty dependent on the specifics of your case. What I’m going to ask you to do is send all your details in an email to info@consumerprotectionbc.ca — our Inquiry Centre is going to have a look. Thank you! Melaina
If my contract requires me to go in personally and cancel minimum 15 days prior to the end of the one year contract, and I missed that date by one week, am I financially responsible for one more month? Can I not put a stop payment on any automatic withdrawals? My bad for not remembering the fine print about this…
Hi, i want to finish a contract with the gym, they dont want that i finish this, what happened if i dont pay more and not continued?, thank you a lot…
Hi Aly — Thanks for your question. Yes, you may be on the hook for another month if that’s what the terms and conditions of your contract state. I hope that helps, Melaina
Hi Arturo — Just so I understand correctly, you’re looking to cancel your contract before your contract is up? If so, we have some information about your rights and responsibilities when it comes to fitness contracts (called continuing services contracts). In certain circumstances you have the right to cancel your contract — you can read about them here to see if anything applies to your specific situation: http://www.consumerprotectionbc.ca/consumers-other-businesses-home/how-can-we-help/continuing-service-contracts
I would also suggest that you carefully read the terms and conditions of your contract to find out your cancellation rights and responsibilities. I hope this information was helpful! Melaina
I purchased a year long membership Dec 17th that did not go into effect until Jan 17th. It was a deal for half the price of the membership. The gyms atmosphere is very high pressure and uncomfortable hence why I am inquiring about getting a refund for the rest of the months. I gave a 30 day written notice already but they will not refund me. Said it was a not a contract but purchase of use of their gym for a year. They tell me I consented by logging in online. The membership is over $1000 and I am stressing about losing the money. I did sign a contract that I had to give 30 days notice when I joined in November but they say there is no such contract didn’t happen? Do I have any hope of fighting? Going back is not an option since it is a very small member gym! They have already deleted me from the members only site which is the lifeline to the club but if I have paid toll end of January I should still have rights to it? Thanks sorry for long message.
Hi Angela — Would you be able to contact our Inquiry Centre? It sounds like a complicated issue, and we’d like to get some additional information. You can reach us at 1-888-564-9963 or info@consumerprotectionbc.ca — our office is open Mondays through Fridays, 8:30 a.m. – 4:30 p.m. Thank you!
We joined a local franchise gym, signed 1 year memberships and paid initial fees for joining. Then exactly 5 days later decided it wasn’t a good idea. Went back and canceled in person. Gym provided a full refund upon cancelation. One month later I get a threatening call demanding $100 cancelation fee from each of us or collections will be calling. We failed to obtain a written confirmation of our cancellations as the refund was immediate.
Now what? Would the full refund be considered confirmation of cancellation?
Thanks for your question, Nick. Please fill out one of our Complaint Forms (including all your supporting evidence and documentation) and we’ll take a look. Here’s a link to the form: http://www.consumerprotectionbc.ca/consumers-alias/resolving-problems/submitting-a-written-complaint-to-us
I signed up for a membership and paid up front for 6 months 2 months in and I am moving to a location where they do not provide service (more than 30km away) am I entitled to a refund for the unused 4 months?
Hi Chris, yes you are correct. I would recommend that you use this form to cancel your membership:
[url]http://www.consumerprotectionbc.ca/images/content/inquiries/KG%204-%20Cont.%20serv.-%20consumer%20material%20change%20V2.pdf[/url]
Also, keep the delivery confirmation just in case there’s an issue. I hope this helps!
What about a contract with no fixed term but an agreement to give three months notice to end contract? is this binding? What about if the service were misrepresented. I had to sign a contract before trying the service and it turned out the service was extremely misrepresented.
Hi Patrick, thank you for your question. Would you be able to send an email with when you entered the contract and why you canceled it? If you could send in an email to info@consumerprotectionbc.ca with that information, our inquiry centre may be able to assess your situation better.
Hi I have a question about terminating my membership with a gym.As far as being contract free,just because I’ve had the membership for 14 years.Who keeps a copy of the contract for that long anyways.I should be able to close my membership I hope.What steps should be taken to insure the membership gets cancelled.I Heard nightmare stories about this gym on cancelling gym memberships.
Cheers
Marc from Ontario.
Hi Marc, this is a very good question! We are responsible for overseeing parts of gym contracts in BC so if you are looking for gym cancellation info in Ontario, I would recommend looking at the Government of Ontario website, this page explains about gym memberships – http://www.ontario.ca/page/joining-gym-or-fitness-club#section-2 especially the section âRenewing or cancelling your contractâ. I hope this information helps, best of luck to you!
Hi – I have a question about an automatic renewal clause in a now expired gym membership. I paid out the full year term of the contract and wasn’t aware of the requirement to provide 30 days written notice of cancellation. On the day after my 1 year contract expired, I was charged the regular monthly fee plus and additional unknown fee. I emailed the owner of the gym that day questioning why my visa had been charged again and was made away of the 30 day written notice requirement. My question is that since the original contract included a clause that would let me cancel within 10 days of signing up, does that same clause apply to a renewal that I want to cancel? If the original contract has a defined end date, does the renewal automatically become month to month?
Hi Jim, thank you for posting your question. Did the business owner give you an explanation about the additional fee?
Itâs my understanding that the 10 day cooling off period applies only to when you first sign a contract. As for your question regarding a contract after one year, it would depend on your contract terms so you may want to look at the original contract and see what it states. Some may be set to roll into month-to-month and by law, they are allowed to do that.
If you havenât already done so, I would recommend that you keep a copy of your written notice of cancellation (just in case). I hope this information helps, if you have any more questions please feel free to contact us by toll free number at 1-888-564-9963.
I belong to a gym that is trying to cancel my contract. They are still taking my membership fees, but have made my pass invalid. I have not violated the contract in any way. In fact, I have been a model member. The owner has stated that my contract is too cheap and that they can’t continue to have me as a member at that cost. Can they just cancel my contract whenever they feel like? They also won’t give me a copy of the contract as the contract was transferred to me from someone else a while ago. Any advice?
Hi Tim — Can you give our Inquiry Centre a call when you have a moment? We’d like to get a better understanding of the situation to assess whether this is something we could help with or not. Our toll-free number is 1-888-564-9963. Thanks!
Hi there,
I am 4 months into a a year contract with a gym and they say I cannot cancel my membership even if I am willing to pay a cancellation fee. I dont want to pay a gym membership if I do not have time to go for the next 8 months. How do I get them to cancel my membership?
Peter
Hi Peter, thank you for your question. Would you be able to contact our Inquiry Centre? It would be important to take a look at the contract and see what it states. You can reach us at 1-888-564-9963 or info@consumerprotectionbc.ca — our office is open Mondays through Fridays, 8:30 a.m. – 4:30 p.m. Thank you!
I have badminton gym membership but the gym owner tends to closed the gym for no good reason. For example, he posted a sign on the door saying closed for wet floor but I went into the gym and found all floor are very dry (I took pictures of them). Is there anything we can do about that? What kind of rights do we have as a consumer? Thanks for your help in advance.
Denny
Hi Denny, thank you for posting your question. When you signed up for the membership, did you receive a contract? If you did, the first step may be to take a look at it and see if it states anything about gym closures. If you haven’t received your contract, you may be able to cancel your contract depending on how long ago you started the membership.
We would be happy to take a look at your contract or simply answer any questions you may have so please feel free to contact us, toll-free 1-888-564-9963 or info@consumerprotectionbc.ca.
Hi I currently have a two year contract with a gym but recently the owner of the gym decided to sell and now the gym has changes names and is no longer affliated with the gym i originally signed up with. Is this a contract i would be able to cancel considering its not originally the gym i had signed up with.
Hi Kristal, sorry for my late reply. With your case, we would like to get more information so would you be able to call us at our toll-free number, 1-888-564-9963? Our office is open Mondays through Fridays, 8:30 a.m. – 4:30 p.m. Thank you!
Hi.
I have been with my gym since 2012 and signed a one year contract with them for 39 a month. After the one year, I opted to go month to month so I was not stuck in a contact. Just last week, they emailed me saying that because of additional improvements and expansions of locations my monthly fee will be changed from 39 a month to 44 a month. Is this legal? I get no extra benefits.
Thank you.
Hi Irene, thank you for your question. The laws that Consumer Protection BC are responsible for administering on the topic of gym contracts speak mostly to cancellation rights and not to pricing. If you are unhappy with the new cost you are within your rights to cancel if you give 30 days written notice. If you would like to remain with the same gym you may be interested in trying to raise the issue with management and seeing if you can resolve it that way, if you havenât already done so. I hope this information is helpful to you!
Hi,I have signed up with a kickboxing club. And went there 3 times. I just found that my right elbow starts to hurt. I started to take acupuncture to relieve the pain. Does this constitute as a material change and grounds for cancelling the contract? Can my acupuncturist sign a statement? Or should I ask my family doctor to sign a statement? Thank you very much
Hi Janet, thanks for your question. Itâs my understanding that a medical or nurse practitioner needs to sign for you, and Iâm not sure if an acupuncturist would fall under that category. If you are able to get your family doctor to sign, I might suggest following that route. Here is a link to the form that you can fill out for cancelling due to material change: http://bit.ly/2riqONR. Best of luck!
hi there, my wife and I bought 1 year yoga memberships at yoga 360 and they didn’t have us sign a contract. Now they are closing the studio that we go too. They will not refund us any money and say that we purchased the memberships in good faith. Can they do this?
What happened we When you contacted Consumer protection BC? Were they able to help you?
Hi Curtis. Thanks for reaching out to us. Consumer Protection BC oversees aspects of these kinds of contracts and this sounds like a situation that we may look into. Would you mind giving our inquiry centre a call? Our phone number here is 1-888-564-9963. Thanks!
I am a member in good standing of a fitness facility. The original contract signed on July 31, 1998, was subsequently amended by a second contract signed on December 23, 2009. Both contacts were the standard 24-month term which then rolled over to month-to-month. The second contract was a âMembership Addendumâ which added on to the original contact. The addendum allowed for a â2 club upgradeâ the terms of which were â$25 to start, top up current dues rate to a max of $39/month for the first 24 months, then $39/month thereafterâ. The fitness facility now wishes to arbitrarily invalidate the âMembership Addendumâ by disallowing use of the âupgrade facilityâ unless I pay a higher monthly fee. My position is I wish to continue use of the âupgrade facilityâ with no changes to the Membership Addendum. I have copies of all contracts. Does this issue fall under the Consumer Protection Act of BC? Thank you.
Hi Joy, thank you for your question. The laws that Consumer Protection BC are responsible for administering on the topic of gym contracts speak mostly to cancellation rights and not to pricing or price changes within contracts. If you are unhappy with the new cost associated with the “upgrade facility” you are within your rights to cancel if you give 30 days written notice. If you would like to remain with the same gym, I might suggest raising the issue with management and finding out if there is anything in the fine print about the gym reserving the right to make price adjustments over time. Best of luck.
Hello I have a question
What does a doctor or nurse practitioner mean? For my gym cancellation I got a letter from my physiotherapist that says I can’t do excersises. But the gym manager says this is not from a doctor practitioner
Thank you
Hi Sanaz, as you may know, the law says “a medical practitioner or nurse practitioner” and unfortunately we are not able to interpret the law. If you would like a legal opinion, you may want to contact a lawyer. Through Canadian Bar Association of BC, you can access a lawyer for up to 30 minutes for a fee of $25 plus taxes. Here’s a link to that page. Also if you would like to go through a complaint process with us, please submit a formal complaint form which you can access online here. Thank you!
My gym changed owners over three years ago. I have a month-month payment but have no contract with the current owners, although they want to hold me to their cancellation policy. I have no contact and never been notified of their policies.
Hi Mike, thank you for your question. Would you mind clarifying what it is you are looking to do? Are you wanting to cancel are they are not allowing you to? Do you know if your contract with the original owner transferred to the new owners? If you are interested in chatting with someone from our inquiry team, our phone number here is 1.888.564.9963. Otherwise, you can respond here. Thanks!
Hello:
UFC GYM Calgary.
Signed Month to month January 2017. Influenced to fill out 1-year contract January 16th. Decided to stop January 27th. Used facility 3 times. I know I should have read through, but gym manager very persuasive (had since been fired for nefarious practices)…
Getting calls from creditor. Lost job in March 2017- it was close to gym. I live 22.5 km from gym. I made a bad decision…what langicsn I use? Been told to sell my membership on Kijiji…really? Please help!
Hi Bunmi, do you still live in Calgary? If so you may want to contact Service Alberta, they have the Consumer Contact Centre. Here’s their contact information. I hope they will be able to help you out!
Hello,
VI Fitness announced their bankruptcy on May 2, 2018. I’ve been a longtime member (15 years) and had fulfilled my initial contract and was paying month to month. My monthly fee was an auto payment on my MasterCard. The May monthly due was charged to my account on May 1. How do I reverse this May charge due to the bankruptcy and stop the auto payments from being charged in the future? I’ve sent an email to the bankruptcy trustee contact. Thank you for any advice.
Hi Rebecca, thanks for your message. Sounds like you are on the right track. I would also suggest contacting your credit card provider to see if the charge from May 1st can be reversed. We’ve written a blog post about how to request a charge back, if you’re interested. We also heard from someone on our Facebook page that all automatic payments to VI Fitness have been ceased, but you may want to confirm that with Kevin (the contact from the bankruptcy trustee) directly. I hope this helps and best of luck!
The gym’s policy is a 10% processing fee for refunds. They also state that you cannot use the membership at any location but the one that you initiated the membership at. So, what happens if I move? Can I cancel if they will not allow me to transfer my membership to a location near my new residence and if I cancel because I’ve moved are they allowed to take 10% for a refund processing fee? Thanks!
Hi Lindsay, thank you for your question. The law gives you the right to cancel if there is a change in your circumstances such as moving and this needs to be more than 30 km from the facility. Is this the case for you? If so please take a look at this page (Cancelling a gym membership?) and follow the steps under “my situation has changed” tab. We have a form you can use to do this and the link is under the same tab. As for the 10% refund processing fee, if it is written in the contract you may have to pay. Hopefully, you can get a refund and if you have any further questions please let us know!
Query …. I have a personal training agreement and it is clearly written that I can cancel when the ” … minimum contracted term of 6 months… is completed.” The Agreement is for 1 year. I met this time period of 6 months and I have sent an email indicating that I am canceling the membership. However, the gym refuses to issue a refund for remaining unused sessions. Apparently, they have no refund policy, but that is not indicated on the Agreement. What recourse do I have to get a refund?
Hi Ian, thanks for your question. I think we may need more information from you. Are you able to give our inquiry centre a call at 1.888.564.9963? If you have a copy of your contract, it’s a good idea to keep it close by during your call so you can reference it. Thanks!
I bought multiple drop in passes for my gym, and now I”m being told they expire. That seems like the same thing as a gift certificate.
They have my money, but won’t honor the passes after 3 months if I don’t use them up. They have cost me almost $200.00 in expired passes! And if I don’t buy them in bulk, I have to pay a higher price.
Is this allowed?
Hi Lori, thanks for reaching out to us with your question. Gift cards or things like “10 class passes” are allowed to expire when they are sold for a promotional purpose. For example, if the drop in passes you bought are offered at a discounted or promotional rate (less than what they would charge for an individual drop in pass on its own) then the drop in passes are allowed to expire. Hereâs a link to our blog post that has an infographic that explains this: https://www.consumerprotectionbc.ca/2014/12/the-gift-of-gift-cards/. I hope this answers your question. Please let me know if any of this is unclear!
Hi, I need help please. I signed a contract with Anytime Fitness on Dec. 2018. And Iâm paying biweekly $26.20. A month ago I didnât go for a week and after I had a burn in my hand and I sent a message requesting to freeze my account because Iâm unable to join gym. They refused and asked for report. I didnât show any report because Iâm not a high school student to give report my absence! And when I wanted to quit they said you canât itâs a 1 year contract, or else you have to pay the remaining 11 month! Iâve never been told about this from the manager Richard at the beginning of signing while he was explaining, I was only told that whenever you want to quit for any reason you have to give us notification 1m in advance. He didnât go through details and I didnât read conditions because Iâm a new comer and itâs a gym at the end I can join and I can quit whenever I want, I feel like Iâm in cage and canât fly. They are so rude, itâs been 1m spending money and not joining, itâs a waste of money! I have a part time job and I canât afford anymore. I donât know what to do, can anyone assist please on how I can cancel this contract without paying any penny. Shall i go to police and complain?! Please help. Thank you.
Hi Marwa, thank you for contacting us. With your situation, it’s best if we could take a look at your contract (if you received one) so would you be able to fill out our online complaint form? Here’s a link to that. Once you submit the from one of our staff will get in touch with you. Thank you!
Hi – I have joined a local gymn in Manitoba – I paid up front for an unlimited membership for one year. There is not a formal contract of any kind – it is all done through the internet. Now 6 months later the owner has decided to limit the number of classes you can sign up for to 7 – per week. This does not make it an unlimited member ship then. Can she do that ?
Hi Sheila, thanks for your questions. You may be interested in contacting your provincial consumer protection authority or similar organization in Manitoba for information on what laws apply in your situation. While I can tell you what the laws are here in BC, I can’t speak for what similar legislation may exist in your province. I did a bit of digging and found this organization: https://www.gov.mb.ca/justice/cp/cpo/index.html. I’m not sure if they oversee gym contracts, but you may want to give them a call and see if they can point you in the right direction. I hope this helps and best of luck!
Hello,
I joined a gym, have fulfilled my one year contract (of monthly payments). Things have now turned sour between the gym owner and I, so I have submitted my cancellation notice. But I missed my 30-day cutoff so I will be paying for an additional month (this will occur April 24, 2019). However, the owner is being intimidating and implying I am not allowed to use the facilities yet still stating I owe him the dues.
My concerns are: 1) he will be charging me for services that he is now denying me access to. 2) There was never a formal contract created, documented, signed so I do not any document copy of this “contract” – simply an email interaction (that I now cannot find). Is there still an obligation on my part to pay that final month, knowing I have given under 30 days notice but there was no formal contract created.
Hi Tania, thanks for your comment. I think we may need some more information from you in order to point you in the right direction. You may want to call our inquiry centre if you would like further clarification on this – our number is 1.888.564.9963. Thanks!
Hi,
I joined Ilovekickboxing after coming to Vancouver.
I am new here, when I went enquire, they explained 6 week challenge and everything, but they never mentioned about that this is a year long contract , and I cant not drop in middle.After that I just went for two classes, my university schedule did not allow me, and I felt pain in my left chest & in under arms, I stopped going thinking let this heal, and let me settle down with study also, I requested them to cancel, they keep on asking me to keep the membership on hold, kept charging my card. I said I will not be able continue, because whenever this two day I practiced I am felt pain, and I prioritizing study as of now.
I tried to mail them no of times, they are like you have to stay with us for a year, I am like I am not coming, and your executives should have told me it is for a year, because I clearly stated I do not want to sign anything which is year-long.
Now they are showing reasons like you have signed the contract, with blind trust I did sign , but no one told me I can not drop out or it is for year long. I feel breach of my trust.
Please suggest what I can do about it. I am student here with limited income,neither I can afford or mentally or physically I am okay to continue.
Bidisha
Hi Bidisha, thanks for reaching out us here. It’s really important to read the terms and conditions of the contract, including the length of it. However, there are certain instances where you can cancel. If you have moved more than 30 km from the gym, you may be within your rights to cancel, or if you are physically or mentally unable to participate in the activity you signed up for (you must have a doctors note to prove this).
To cancel your contract for either of these reasons, print off and fill out our cancellation form and send it directly to the business.
Attach proof of your material change. This may be proof of your new address or a note from a doctor or nurse showing that you are unable to continue. Send the form and your proof to the business in a way that allows you to get proof of delivery, like registered mail, fax or email.
If you’re still having issues cancelling for these reasons, you can give us a call at 1.888.564.9963 and we can do our best to point you in the right direction. I hope this helps and best of luck!
hi my question is i signed up for a gym 16 years ago i went 1 time cancelled it via email in 2002 and they have been charging me still charging me 16 years later even though that location was bought out by different gyms 3 times how is this possible?
Hi Maria, thanks for reaching out to us here. What have you done to try and resolve the issue so far and what was the result? If you’d like assistance with this issue, I would suggest gathering your documentation (including your proof of cancellation) and giving our inquiry centre a call. Perhaps we can point you in the right direction here, although I think we need more info in order to help you. Our phone number here is 1.888.564.9963. Thanks so much!
hi amanda i appreciate the time to help address this matter when i cancelled back in 2002 aol i have contacted they have been no help in retrieving the cancellation email i dont know what else to do
i went to the jim and they were no help in trying to explain why the period or date the contract should have ended they said no there was no date im totally at a loss
Hi again, Maria. Thanks for your reply – I would suggest calling our inquiry centre so we can gather more info from you. Thanks!
Hi, I bought a one month pass to a group fitness gym, but I wasn’t able to use the pass for a year. I didn’t start the pass or use any visits from it. I’d like to use it now but the gym cancelled it. They said they cancel all unused passes after a year. But nowhere is that stated – not on their website, studio, or when you purchase the pass. Can they cancel my pass?
Hi Melissa, thanks for reaching out to us here. It’s my understanding that you should have been informed about the limitations on the pass at the time of purchase. Have you asked the business to point to a policy that states this publicly or provide proof that this information was disclosed to you? If not, I would suggest going back to the business and explaining to them that this information was not shared with you and that you would like to see where it is stated or know what their policy is around ensuring customers are aware of it.
If the gym is unable to point to anything in writing, you may be interested in submitting a complaint to us here: https://www.consumerprotectionbc.ca/consumer-help/start-a-complaint/ While I can’t promise the issue will fall under the laws we’re responsible for, I can assure you someone from our team will assess it accurately. Please be prepared to provide any supporting documentation about your issue.
Separately, so you’re aware, any sort of “10 class pass” or a gift card for a specific fitness class that is offered at a discounted rate may fall under the laws around gift cards. If that’s the case, any gift card sold at a discounted rate IS allowed to expire – however, that information must be disclosed to you at the time of purchase, such as in the information on the receipt.
If you’d like to speak to someone on the phone for clarification on this you can also call us at 1.888.564.9963. Thanks so much!
I go to a very busy spin gym. I have an annual membership that I pay monthly, that allows me unlimited workouts in a month.
As the gym got busier and members weren’t showing up, they started a class cancellation policy 12 hours prior to the class start time. (I am ok with this!)
However, only those who have annual memberships have to pay a $15.00 (plus GST) late cancellation fee, if we don’t cancel in time. Even if they fill the spot with another rider.
1) Is there GST on a cancellation fee?
2) Is it ok to double dip and charge two people for the same bike for the same class?
Thanks!
Hi Lee, thanks for reaching out to us here and for taking the time to explain your situation. Businesses in BC are allowed to set their own return/refund/cancellation policies so our office does not have any authority about what each individual gym decides on. The laws we’re responsible for around fitness memberships speak mostly to when a consumer is within their rights to cancel their membership. You ask about GST, I believe the folks to talk to about the laws around that would be the Canada Revenue Agency at 800.959.5525. I hope this helps and best of luck getting the answers you’re looking for!
Hi,
I have a gym membership one year contract that states the following
âMEMBERâS RIGHT TO CANCEL: You may cancel this Agreement from the day you enter the Agreement until 10 days after you receive a copy (electronic copy or hard copy) of this Agreement. You do not need a reason to cancel. To cancel you must give notice of cancellation in writing at the address in this contract. The written notice must be mailed by certified mail to the following address: .
CANCELLATION: After the memberâs right to cancel period noted earlier, I may cancel my membership agreement by delivering written notice AND filling out a cancellation form in person at the Club at least 30 days in advance of the cancellation date. A cancellation fee of $75 will need to be paid (along with the remainder balance of the contract term) for any cancellations. All membership cancellations are effective on the last day of the month. For example, if I deliver a notice on the 15th of December, I will pay the January membership dues and my membership will terminate on January 31st.
If you die or become totally and permanently disabled after the date this membership agreement takes effect, you or your estate may cancel this agreement and receive a partial refund of your unused membership fee by mailing a notice to âclub nameâ stating your desire to cancel this contract. The Club may require proof of disability or death.â
I have a note from my chiropractor stating I cannot work out for an extended period of time. Can I cancel my membership contract without having to pay the remainder of the balance under âmaterial changesâ ?
Thanks
Hi Nikki, thank you for asking a question here! We have a form you may want to use to cancel your gym contract because of material change. Here is the link (look under “My situation has changed. Can I cancel?”). Your contract states that you need to fill out their cancellation form so looks like you would have to go to your gym to do that. The contract also states that the $75 cancellation fee is for any cancellations and this is clearly written so you may still have to pay. As per your medical note, the law states that you need a note from a medical doctor or nurse practitioner so your chiropractor’s note may not be enough (in that case, get an additional note from your family doctor or a walk-in clinic doctor). I hope this information helps, Nikki.
I purchased a month to month unlimited membership with a six month term from my BC gym. My credit card on file is automatically charged $150 each month. I have just been charged for month two of six. Yesterday I received a call from the gym that they have decided the price is too low and are raising it by 15% partway through my six month commitment. I gave them my feedback but they said the decision had been made and I was welcome to cancel with one monthâs notice. Below is what I agreed to and no where does it state that they reserve the right to change the price mid term. Thanks for your help.
In consideration for unlimited series purchases set for a certain duration, the Member agrees to pay the monthly fee + GST per month set out in the series description on the Site. There are no cancellations and no refunds of membership payments, unless required by law. The Member also agrees to pay an additional fee of $10.00 each time the Member fails to cancel its reservation for a particular class at least twelve (12) hours in advance or fails attend a class that it has registered for (âApproved Chargesâ).
The Member hereby authorizes Oak Bay Fitness to effect payment of the monthly fee and approved charges for the duration of the unlimited series purchase through automatic payments from the Memberâs credit card on file. Withdrawals will be made every month on the date that the Member first purchased the unlimited series. This authorization shall remain in full force and in effect for the duration of unlimited series purchase term. If the Member wants to cancel prior to the term, written notice of the Memberâs cancellation must be delivered 30 days prior to next payment date. In the event that any payments are declined, a $10.00 service charge will be charged to the Member in addition to the monthly payment and approved charges.
Hi Ramona, thanks for reaching out to us here with your question. Gyms are within their rights to change the costs of the services they offer and it sounds like they’ve provided you with your right of cancellation. If you’re unhappy with the new costs, I would suggest cancelling and finding a gym that better suits your budget. I hope this helps and best of luck!
Hi I just joined a gym membership on dec 3rd and I donât like it so far.
Iâm planning to cancel it
Iâm still within my 10 days cooling off cancellation period but when I went to talk to the owner he mentioned that I do have the right to cancel writhing the 10 days but my payment of $61(which I made for the key tag+first and last month) is nonrefundable.
Then he even said I have to pay extra (10$/day) for the number of days I use the gym from day 1( total 3 days since itâs the 6th today starting from dec 4th)
Is that fair ?
I mean whatâs the point of the 10day cancellation period then?
Hi Nandisha, thanks for reaching out to us here. It’s my understanding that if you send a cancellation form to the business (within the first 10 days), they must refund you all money that has been received under the contract. You must send the form to the business in a way that you can confirm that they have received it (like email). Here’s the cancellation form: https://www.consumerprotectionbc.ca/wordpress/wp-content/uploads/2017/06/Cont.-serv.-cancellation-within-10-days.pdf. If the business does not provide you with your refund within 15 days, you can call our office for help at 1.888.564.9963
Hi Amanda,
Thank you for your reply.
I talked to them and they said that 61$ fee is not refundable since itâs mentioned on the agreement.
How about the 10$ fee per day when we cancel is that suppose to be paid if ever so ?
Hi Nandisha, thanks for your reply. Have you sent the cancellation form to the business? I would highly recommend you do this quickly if you have not already. The provincial legislation that the cancellation form references trumps any agreement you may have signed with the gym. You cannot sign your contract cancellation rights away (regardless of what your agreement says). You are entitled to a full refund of any money you’ve provided the gym with respect to your contract. If you send the cancellation form (this is important) and can’t work out a solution with the business that get’s you your money back, please submit a complaint form to our office so we can assess the situation. Here’s the link to file a complaint about the gym with our office (only after you have sent the cancellation form): https://www.consumerprotectionbc.ca/consumer-help/start-a-complaint/. The business may not be aware of the laws in BC, and in certain situations we can step in and deal with the business on your behalf. However, like I mentioned, you must first send the cancellation form – (this officially cancels your contract within the first 10 days). Please let me know if you have any questions. Thanks!
Hi so I was off work helping take care of my dad because he has recently been diagnosed with bladder cancer he seemed to be taking a turn for the better so I signed up at the gym thinking things were now looking up literally two days after I signed the contract my dads house took a turn for the worse and he was rushed to the hospital and needless to say I havenât set foot once into the gym since the day I signed the contract I have been battling with them for months for them to just cancel my membership because I am now just about to enter school for over a year and if Iâm in school for ovary year I wonât have money to ensure my vehicle to get out to the gym which is out-of-the-way for me not to mention the amount of stress Iâve been under due to watching my dad slowly passed away in front of me they have absolutely refused to cancel my membership telling me I would have to pay $299 plus tax to cancel it and Iâm like whatâs the $299 plus tax for all you have to do is press the button on your computer and Iâm not working anyways at the moment because Iâm starting school February 24 I told them they can go ahead and send it to court and send it to collection agencies I really donât care cause Iâm not gonna give them a penny Iâve never once set foot into the gym for a workout my dad has even sent them an email Iâve even sent them pictures of my dad so that they donât think Iâm full of shit Iâm just trying to weasel my way out of it they are relentless and ruthless I have all the emails for you to see But I could use some help and suggestions
Hi Tony, sorry to hear about your dad’s health. The law in BC gives consumers 10 days to cancel after signing up for a gym membership and after that, it would depend on what the contract says and whether the gym has given you a copy of the contract etc. Nonetheless, we would like to take a look at your contract (if you have one) and get more information. Would you be able to submit a complaint form on our website? Here is the link. Someone will be in contact with you once we receive your official complaint form. Thank you, Tony!
Hello, my gym is closed because of COVID-19, but is still charging me for the next month, citing the 30 day notice period. Can we, the members, ask for them to freeze payments with immediate effect?
Hi JS, our article here will provide more information on gym memberships during this period. For more information on contact cancellations, take a look here!
Hi i paid a full year membership in march 2020. Doors shut March 16th due to coronavirus which is understandable. At some point i want to retrieve my money as it doesnt seem they will be opening any time soon. I sent them an email stating i would like to be refunded eventually, say after the second month of waiting. The contract is for 1 year. Does fit4less have the right to change the contract to extend my membership and make me wait for them to open when ever. The problem is i dont want to wait with uncertainty if and when they will open. I would like my money back so i can put it toward a home gym instead. At what point is it enough of a wait.
I explain to them i want my money back but the send me the same answer all the time which is fit4less will extend memberships for there members. Thus is a change of contract which i did not agree to. Do i have the right to a refund?
Hi Andrew, it sounds like this may qualify as a material change by the supplier which would mean that you have the right to cancel. We have some information available on our website about when youâre able to cancel a gym membership contract, and we also have a form you can use to notify the gym if you think you qualify. We are going to write an entire post on this topic this week so watch for that. I hope this helps! Let me know if you have any questions.
My gym has reopened after covid (with restrictions) but now due to health concerns around covid I would like to cancel my membership. I paid a year in advance and would like to get a refund and set up my home gym instead. Am I entitled to a refund?
Hi Jodi, thank you for reaching out to us here. Please take a look a the “my situation has changed” section on our gym membership cancellation page. Your situation will have to meet the “material change” requirement (such as the gym not offering the same services as before).
Hi đ My gym is reopen now but with strict protocols from the government. All memberships are still suspended. If you want to go you have to sign up for a special Covid membership. The price went from 50$ a month to 147$! Does this represent a change in the offerings? I have no idea when the regular memberships will be reactivated and I don’t know if I’ll feel safe going when it does since my partner has a host of immunity issues. Thanks!
Hi Roger – if regular memberships are suspended (and that’s what you have), you should be able to cancel your membership due to “material change”. We have written a blog post specifically about this in April – take a look at the post here. It outlines all the steps you need to take. We hope you and your partner are staying safe:)
I read that if the gym never gave you a copy of the contract that you are within your rights to cancel, is this true? If so, how do you go about doing so?
Hi Nicole, thank you for contacting us here. You may be able to cancel in this case but we would like to get more information so we can help you out. Would you be able to fill out a formal complaint form? You can access it here. Thank you!
Hi there, my gym was closed on March 16 and I was still charged for another bi-weekly payment on March 24. The gym then charged $34 on April 1 for the annual maintenance fee. The gym was closed from March 16-July 26, I had cancelled my membership before it reopened. I asked for refunds for the bi weekly payment on March 24 and the annual maintenance fee charged on April 1. The gym only gave me time credit for the bi weekly charge and not to refund anything. Are they allowed to charge me? I never could go because they were closed. Thanks so much!
Hi Yvon, thank you for posting your question here. Would you be able to submit a formal complaint so we will be able to take a look at your situation a bit closer? You can access our online complaint form on our website here.
I cancelled my gym membership at Club 16 after numerous accounting problems July 17. I was told at that time there were no further charges owing. In fact, when I cancelled, I had a credit on my account (did not receive a refund either). Now several weeks later my credit card has been charged for an additional fee of $31.49 that they claim was an annual club enhancement fee that they didnât charge in May because of covid and had decided to charge in August. Is this legal??
Hi Carolyn, it certainly is strange that they charged your credit card after you had cancelled your membership. We would like to get more detailed information from you regarding this issue – would you be able to submit a formal complaint to us? You can use an online form which you can access from think link. Thank you, Carolyn!
Hi,
My gym is about to open in a few days. Services have changed – reduced hours, less equipment, no use of pool/sauna, smaller class sizes. We will have to book appointments for a one hour session (which will be impossible due to peak times). This is all to due with COVID. We simply do not feel safe returning, regardless of precautions that gym is taken. We have a family member who is high risk for COVID which is our biggest concern. We cannot take that risk. Our contract doesn’t expiry until Feb. 2021. We we still cancel without penalty? Can we compete the Notice of cancellation form?
Hi Peter – thank you for writing to us. Since you live in Ontario, you need to contact Consumer Protection Ontario. As far as we know, they oversee contracts and memberships in the province and here’s their website. You can access their contact information at the bottom of the page. I hope you can find a resolution quickly!
Thank you
What happens if youâve never signed a gym contract as unlimited classes for the month were charged on a month to month basis? I may have signed a visa authorization form (I wouldnât have a copy as I think I signed in 2016 when I first started at the gym and since then, due to chronic back injuries Iâve been at the gym on and off after extensive breaks.
I cancelled classes at Power By You in Nelson, BC via text and when I saw I was still being charged months later I followed up twice via text, months apart (as the gym owner said sheâd take care of it and I trusted her and donât know the extent of what had been charged until I was looking for a 2019 charge and realized she had racked up almost $4000). I donât have the original cancellation text (Iâm waiting to hear back from Apple to see if theyâre on the cloud) but I do have the subsequent follow up texts telling her I was still being charged and her response saying sheâd be on it.
Also, when I cancelled my monthly classes/payment, I said Iâd pay for a friendâs membership for 6 months for a Christmas present (because she was moving to Calgary in 6 months). She cancelled verbally herself when she moved to Calgary yet I was still being charged for 2 memberships long after we both had cancelled.
Chargers eventually stopped (I think my card expired) and I just sent the gym owner who I was still on friendly terms with a nice email with a spreadsheet of my visa charges along with specific dates that I had texted her re cancellation and her only response was to go through her lawyer who had been ccâd and I just heard that this wasnât the first time this had happened.
What are my next steps?
Hi Treen, thank you for contacting us here. Sounds like you have a long history with this gym so it would be helpful for us to have a full picture and more details if possible. Would you be able to submit a complaint form online? Here’s the link to it. Thank you, Treen!
Hi,
I signed up for a gym membership in January used it 4 times then covid-19 hit Iâm now getting a email saying I owe $128 because my payments never went through since January….They didnât contact me in a timely manor plus theyâre trying to charge for when it was closed. Is this legal?
Hi Mitchell, thank you for contacting us here. If you haven’t cancelled your membership, this may be the first step you want to take. You can fill out our form on our website (the one under the gym has changed the services they offer) and send it to your gym. Ask for a refund and give them 10-15 business days. If you don’t hear back from them, can you please fill out our formal complaint form online? You can find it here. Thank you, Mitchell and best of luck!
Hi,
I want to cancel my gym membership due to new rules and restrictions at the gym because of COVID – we can only book certain times to go in, there is less equipment for use due to social distancing protocol. Does this qualify as a “material change” and am I within my rights to cancel because of this? Thank you
Hi Glenn, thank you for contacting us! Schedule and equipment change should qualify as “material change”. Please use our form on our website (link here) and cancel your contract. If you have trouble cancelling, please contact us.
My sons Dojo no longer exists at the location I signed up at for his taekwondo classes. Now they are on zoom and horrible. I want to cancell the contract, can I?
Ps….the classes are online because she chose not to renew the lease and now there is NO location. My son hates zoom class, they are horrible not at all what I signed up for.
Hi Tina, thank you for leaving us a question here. As the dojo changed the way it provides its classes, that would be considered a “material change” and you should be able to cancel your contract. You can use our cancellation form on this page (look under the last dropbox) and send it to your son’s dojo. If you have any problems canceling, please let us know.
I paid for a gym membership for a relative. At the end of the contract, it changed to month to month billing. After two months of this monthly billing they additionally billed a $41 annual fee which alerted me that I hadn’t cancelled the contract. When I went in to cancel, the gym refused to pro-rate the annual fee and/or refund the money. Can they do this?
Hi Wenda, thanks for getting in touch with us. If the reason for cancelling the contract is because the person is no longer using the facility, the refund amount (if any) would depend on what’s been said in the original contract. If your relative is wanting to cancel the membership because of changes at the gym (open hours, types of classes offered etc.) then you may have more options. We have written a blog post about this and you can read about it here. If you have any further questions please let us know!
Hi Wenda,
I have 2 gym membership in BC, however I will relocate to Ontario for a new job.
If I send an email with proofs of my relocation can they refuse to cancel it? or ignore it?
Also, will I have to pay for the remaining months of membership?
Thank you
Hi Sophie, thank you for getting in touch. With you moving away, you have the right to cancel. We have a page that explains how to do this so please take a read here. The dropbox under “My situation has changed. Can I cancel?” is where you would want to look. The law gives the business 15 days to respond to your request. If you have trouble cancelling, please contact us again!
Hi! Thanks for taking the time to read this.
My two-year contract ended and it seems to have switched to a month-to-month relationship and I haven’t had to sign any renewal contacts. If I cancel my linked credit card to stop paying membership fees will that affect my credit or will that not happen if my contract is over and I’m on a month-to-month relationship?
Hi there, thank you for reaching out to us. If you cancel your credit card, any future payments will not happen and that will affect your credit. Your gym could send the bills to a debt collection agency to collect on behalf of the gym too. If you are on a month-to-month basis, you may want to talk to the gym and cancel the membership. There may be some cancellation fees depending on your gym’s policy but paying that would outweigh the risk of damaging your credit history. I hope this info is helpful to you!
Hello, I had a contract with a gym for 1 year, during that year the pandemic hit the gym was closed and i didnt use it… during the rest of the year due to covid and the fear of wearing a mask while training etc..
I went to the gym in person and told them I wanted to cancel., later 2 years and half I receive a call regarding the Gym membership that is still active and I need to pay for the 2 years and half.. knowing I’ve never used the gym for the period of 2 years never received an email a text or anything letting me know about the renew or any bill that needs to be paid…
FYI i changed my Debit card after 2 month of cancellation so in my head its been cancelled.
Any Help in this case?
Hi Achraf, thanks for reaching out. The laws we oversee regarding gym memberships only apply to certain cancellation situations. Read through our consumer help page on gym memberships carefully to learn more about the rules. Perhaps also go back to the business and explain the situation to see if you can reach a compromise? Try and bring evidence of your cancellation if you can find it. If that doesnât work, you may wish to make a claim with the Civil Resolution Tribunal up to $5000, I hope this helps.
Hi, I signed an âEnrollment Agreementâ at a martial arts academy in January 2023.
I didn’t notice that the terms said âyou may cancel this contract upon THREE MONTHS written notice in advance.
Is that correct? It doesn’t seem very fair to the client! What can I do about it?
Thanks
Hi Sam, we do oversee the law that speaks to continuing services contracts (i.e. gym memberships) but the law does not specify how much notice is required in order to cancel the contract. With your case, if the contract says that a three months notice is required, you may be bound by it as you signed the contract. There are some situations where you cancel under the law (you’ve moved away, the gym changed the services they offer etc.) and these situations are outlined on our website in detail. You can also contact us and send in your contract for us to look at. I hope this information is helpful to you!