By: Patricia E. Alexandre | Associate

With the New Year fast approaching, people start to join gyms or health clubs as part of their New Year’s resolution to exercise more and get in shape. But what if you ever decide to cancel your membership? Here’s what you should know about your gym or health club membership rights.

Before you decide to join a gym or a health club and sign the membership agreement, read over the entire contract carefully including the fine print, and understand exactly what you are signing. Also, make sure to get any verbal agreements in writing. According to M.G.L. c. 93, section 80,a gym or health club cannot offer a membership agreement for a period longer than 36 months. They also cannot require payments over a period of one month past the length of the contract. Payments must be required at equal intervals, and not more frequently than one per month.

Can I Cancel My Gym Membership?

Yes. Under M.G.L. c. 93, section 81, Massachusetts allows consumers to cancel gym memberships or health club contracts for any reason within “three business days after the date of receipt by the buyer of a copy of the written contract or written receipt indicating the buyer’s payment for health club services.”

How Do I Cancel My Gym Membership?

Under M.G.L., c. 93, section 81, you can cancel your gym membership or health club membership by sending written notice to the gym or health club of your cancellation. You can either send your written notice of cancellation by certified mail, return-receipt requested, or deliver in person, a written notice of your cancellation that clearly state that you are canceling the membership agreement

The notice of cancellation must be accompanied by:

• All contract forms;
• All membership cards;
• All other documents or evidence of membership; and,
• Reasonable evidence of the reason for the cancellation, if it is beyond the 3 day cooling-off period.

Additional Rights to Cancellation

According to M.G.L., c. 93, section 82, you may also cancel your gym or health club membership for any of the following reasons:

• Upon a doctor’s order, you cannot physically or medically receive the services because of significant physical or medical disability for a period in excess of three months;
• In case of your death; or
• The health club services promised are not available due to:
  • Failure to open a planned health club or location;
  • Closing of a health club or location; or,
  • Substantial change in the operation of a health club or location.
• You move your residence or your place of employment more than 25 miles from any health club operated by the seller, or a similar club that will accept your membership;

When the gym or health club receives notice of your cancellation for any of these reasons, all money must be refunded within 15 days. However, the gym or health club may retain that part of the total contract price proportional to the amount of time that you used the services or facilities prior to cancellation. After cancellation, you are no longer liable for any further obligation under a credit loan agreement which was executed to pay for all or part of the price of the health club contract.

For more information please visit, http://www.mass.gov/ocabr/consumer-rights-and-resources/consumer-protection/shopping/health-clubs/health-clubs-guide.html

If your rights have been violated, please call the attorneys at Wynn & Wynn, P.C. at 1.800.852.5211 or request a free consultation.