End your gym membership

If you have an agreement with a gym or fitness provider, you must honour your side of the agreement.

If you want to cancel your membership agreement, after the 48-hour cooling-off period ends, you will need to check the specific details of your agreement to find out the circumstances in which you may end it.

Different fitness providers have different policies for ending membership agreements. For example, some may allow you to suspend your membership or sell your membership to another person.

In certain circumstances, some fitness centres may allow you to cancel your membership before the term of the agreement if you pay a percentage of the amount that you owe for the unexpired portion.

If you stop making your instalments before the membership agreement allows you to do so, or if you attempt to end the agreement in circumstances not provided for, you may have to pay damages for breach of the agreement.

Make sure you understand your rights and responsibilities before you sign your membership agreement. However, there are situations when you can legally end your membership.

Reasons to cancel

There are some reasons where you can cancel your membership. These may still attract a cancellation fee. Ask your fitness provider about it when you sign up.

Not renewing an agreement

You can choose not to renew your agreement when your membership ends. Most memberships will last either 6 or 12 months.

Cancelling in the cooling-off period

You always get a cooling-off period of 48 hours when you join a gym or fitness centre. If you want to cancel the agreement, you must tell them in writing before the 48 hours is over.
The supplier:

• must refund your fees within 14 days of getting your notice of termination
• may charge a fee for any fitness service that you used before you cancelled
• may also charge an administration fee.

The maximum administration fee is the termination fee stated in the agreement.

Getting permanently sick or injured

You can cancel your agreement because of a permanent sickness or injury. Your sickness or injury must be so serious that you can’t keep using the gym’s services.

You will need to:

• write to the gym as early as you can
• give them a medical certificate to confirm the problem.

The gym:

• must refund your fees within 14 days of getting your notice of termination
• may charge a fee for any fitness service that you used before you cancelled
• may also charge an administration fee.

The maximum administration fee is the termination fee stated in the agreement.

Cancelling by choice

You can cancel your membership by choice. This may be because you move away from the area or don’t want to use that gym anymore.

You need to cancel in writing.

Your gym may charge a fee for cancelling your agreement. The termination fee will be set out in your agreement.

If you have an ongoing agreement, you can cancel by giving written notice and paying the termination fee (if any) set out in your agreement.

The fitness provider should respond quickly and fairly if you ask to cancel.

Other refunds

You may be entitled to a refund if a fitness provider is in breach of any obligations under the agreement or National Fitness Industry Code of Practice and does not remedy that breach within a reasonable time after a written request has been received.

The refund includes the unused fees paid by you less any outstanding fees for the fitness services supplied by the supplier.

You or the fitness provider may terminate an agreement if there is a failure or delay with providing the fitness services for more than 30 days after you both entered into an agreement.