Has your gym changed the types of classes they offer or business hours due to the pandemic? These kinds of situations are considered “material change” and you may be able to cancel your gym membership under BC’s consumer protection law. Find out more in this video!
To access our cancellation forms, visit the Consumer Help page. Still within the first 10 days of your gym membership? Then you can cancel your contract without any reason. Find more about it here.
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About Consumer Protection BC
We are responsible for regulating specific industries and certain consumer transactions in British Columbia. If your concern is captured under the laws we enforce, we will use the tools at our disposal to assist you. If weâŻcanâtâŻhelp you directly, we will be happy to provideâŻyou with as much informationâŻasâŻpossible. Depending on your concern, another organization may be the ones to speak to; other times, court or legal assistance may be the best option. Explore our website atâŻwww.consumerprotectionbc.ca.
Good day. Hoping this holiday season was a tranquil one for all. Quick question, I got gifted a gift certificate for an hour massage that expired 20 Dec 2020. Can Healthland Clinic (a business providing acupuncture, massage therapy, chiropractic, reflexology and body care) in Surrey & New Westminster, decline request of an extension of its expiry date. Looking forward to your valued reply. Thank you for educating me.
Hi Rosann, thank you for reaching out to us. Sounds like your gift certificate was for a one hour massage and didn’t have a specific value (such as a gift certificate for $100 for any service at the clinic). If this was the case, the gift certificate is allowed to expire in BC and the clinic can decline your request for an extension. If you didn’t talk to the clinic manager or the owner, you may want to try talking to them again and see. I hope this information is helpful, Rosann.
Hi! Thanks for posting this!
I signed up for 3 months of weekly in-person dance lessons that would’ve started in April, then were postponed bc of the PHO, and later moved inline.
The studio has stated that “covid lessons are non refundable”, but it also seems like they changed the material terms of the contract? I know I didn’t sign or agree to anything that said the classes could be moved online.
Does an agreene stating that cancelled classes are non refundable suffice to make them so?
Hi Lici, thank you for contacting us! If the classes moved from in-person to online, that could be considered a “material change” and you may be able to cancel your contract and get a refund. The important part here is to find out if your contract states that the classes are non-refundable. Also, we want to know if the studio has changed its policy after the PHO order. So would you be able to put all these details in a formal complaint form and submit it to us? You can do so online by clicking on this link. Thank you, Lici!
A vaccine passport is now required to go to my gym, they say I cannot cancel because I previously signed a 1 year contract… So I’m paying because I am don’t have a passport…what.are.my rights?
Hi Samuel, thank you for contacting Consumer Protection BC. If you don’t have the vaccine passport because you haven’t set it up, we’d recommend you to set it up so you can go back to your gym. If you have chosen not to get vaccinated, you would not be able to cancel your contract because businesses are open and services are being provided. There has been no material change in the operations of the gym unlike earlier situations such as gym closure or class time changes etc. If you would like to know more about material change when it comes to gym contracts, you can visit our website here for more information.
I took out a three month pilates membership. Due to PHOs and injuries the 3 months ran longer than anticipated; but I paid the membership in full and called to cancel the day before the membership was due to expire (or auto renew).
I was told I would have to pay a $100 cacellation fee because I had not submitted a cancellation notice in writing 30 days before my membership ran out.
I was stunned. I was told this was “policy”; and that I should check my contract.
I was not aware I had a contract. After searching, I found the contract they had emailed me…somehow I missed it.
I informed them that I had missed the contract they sent to my email, that I did not sign it, and would never sign anything without reading it.
They told me they had signed it for me; because I gave them verbal permission when I took out my membership.
Absolutely not true. I would never give permission for a person I have just met to sign a contract I have never seen.
Where do I stand legally?
Hi Shannon, sorry to hear about your experience. We would like to see your contract so would you be able to submit an official complaint form to us? You can do so on our website by visiting this page. Thank you.
I signed a year long contract at a gym. I am now moving over 60 km’s away and am only 5 months into my gym membership. My gym owner is stating that the contracts dont have a “move away” clause in them and therefore I cannot get out of it. Does section Sections 25(2) and (3) of the Business Practices and Consumer Protection Act apply to me?
Hey Brittney, thanks for your question. According to BC law, you may be able to cancel because you have moved more than 30km away from your gym. You can find more information, including a cancellation form and an outline of the process to cancel on our website here: https://www.consumerprotectionbc.ca/consumer-help/cancelling-a-gym-membership/# Hope this helps!
Hello! The gym I go to has suddenly decided to leave their doors wide open (vs being securely locked) while they have a staff member working which resulted in the theft of my personal property. Since the door is now left open, I no longer feel secure at my gym and would like to cancel my membership. If have mentioned my concerns to the manager but they have went ignored. I have over a year remaining on a 2 year contract. Would this count as a material change, or would I be on the hook for the remainder of the payments in this case. Thank you in advance for your response.
Hi Aaron, thanks for the question. It sounds like the services offered by the gym havenât changed, so based on my understanding, this wouldnât be considered a material change. You may have to follow the gymâs policy if you want to cancel your membership. I hope this helps !
Hello,
I moved more than 30km from my gym and tired to cancel. They said they canât as they have other fitness world locations near me under 30km. However, those locations donât have the same services – I.E. I believe theyâre a different tier. Since Iâm not getting the same services can I cancel until this? Thank you
Hi Victoria, thank you for leaving us a question here. You have two things going on with your situation – one is that you have moved more than 30k away and the other is that the gym close to your new address does not offer the same services. With these circumstances, you may be able to cancel but it would be best if you could contact us so we can look into it further.
Hello,
I’ve purchased a 20 session personal training package (not a membership, ie. I’m allowed to use the gym while training with a personal trainer). I’ve used half of the sessions but now I’m moving further than 30 km away. Does BCâs consumer protection law apply here? In other words, is the gym obligated to refund the unused sessions?
Hi Sam, thank you for asking a question here. If you live in BC, our contract laws give you the right to cancel your membership after moving more than 30k away from the gym. The contract laws cover services that are ongoing and physical in nature so your personal training sessions will be included in this. You can fill out a form we have on our website and send it to your gym, but please keep in mind that by law, the business can keep up to 30% of the amount owed back to you to cover their costs. We have more detailed info on this page of our website. Good luck with everything!
Hi, I have signed a one year gym membership about 11 days ago, but I accidentally hurt my knees yesterday. So Iâll see a doctor and get a doctor note for me to cancel the gym membership. This morning I contacted the gym operator over the phone about cancellation process, I was told that I need a doctor note showing a long term injury and the final decision is made by their manager. So if my doctor says my knees will be healed in 2 month, and I donât want to go to gym anymore, does it still apply for cancellation policy? Or does gym manager had authority and expertise to decide if Iâm injured or not?
According to the contract, if they canceled my membership and charged me $300 from my credit card in the future. How can I argue with that since I was there only for 11 days? Can I complaint to Civil Resolution Tribunal to get partial or full cancellation fee back?
Hi Frank, thank you for contacting Consumer Protection BC. We have a form you can use to cancel your gym membership on our website here. Please take a look at the second drop-down menu “My situation has changed. Can I cancel?” and you will see the instructions as well as the link to the form. Please note that gyms are allowed, by law, to keep up to 30% of the amount owed to you to cover their costs. Having said that, since you had your membership for such a short time, it may be worth negotiating that with your gym. I hope you will be able to resolve this quickly.
Thank you!