Working
Out the Kinks in Your Health Club Contract
If
your New Year's Resolution is to get into better shape, you
might be thinking about joining a gym or health club. But
before you run with the idea, you'll want to carefully review
any contract you are asked to sign. Actually getting to the
gym isn't the biggest challenge, it's bringing yourself up
to speed on what to look for and look out for when dealing
with a fitness center.
You
need to know that not all gyms and fitness centers do business
the same way, and the terms and conditions they impose on
their members may or may not be in accordance with state law.
Obviously, if you are considering joining a particular facility,
check out the physical location and talk to people you meet
there. Check with the Better Business Bureau to see if there
have been complaints filed against the facility. And, of course,
read the contract they give you very carefully before you
sign it. Even if you have belonged to a club for a while,
pull out any documents you "John Hancocked" and
take a close look at what they say.
Look
for the obvious things. Does the club really provide all the
services it promises? Is it well-staffed and is the staff
appropriately certified? Is the appropriate insurance in place
to protect you if you get injured because of something the
facility did or didn't do? If there is child-care offered,
who will be watching your kids and what is their background?
You get the picture - ask lots of questions and find out if
everything is on the "up and up."
You
also want to find out the club's specific policies regarding
joining, payment, renewal and cancellation. If the club is
running a special, you need to make sure your contract states
all the specifics, so you are guaranteed whatever deal enticed
you to join that particular facility. Get all sign-up, monthly
and additional fees down in writing and make sure it's clear
how long those prices are good for.
You'll
also want to see the contract spell out all rights you have
under local law. For instance, in Massachusetts, consumers
have very specific rights when it comes to health club contracts
and the ability to cancel them. Health club contracts are
one of the very limited situations where you can change your
mind and cancel - but you need to do so within three business
days. The law is very clear on what you need to do to cancel
a health club contract, so be careful and don't assume anything!
A big mistake people often make is not checking the contract
to find out what address is the right address to deliver the
cancellation notice to. They also forget to return all contract
forms, membership cards and any other evidence of membership
- all requirements under the law.
If
you want to cancel a membership but are beyond the three business
days, you may still be able to do so. In some cases you can
cancel if you move your residence or place of employment more
than 25 miles from the club - but the caveat usually is there
can't be another health club owned by the same operator or
another club that will accept your membership within 25 miles
of your new location. The theory is you entered into a contract
to go to a gym, and if there is a comparable one near you
that is owned by the same or an affiliated company, no matter
where you are located you should be on the hook for as long
as your contract runs.
You
should also be able to cancel if you have a doctor's order
that you cannot physically or medically receive the services
of the club for three months. A good contract will specify
that that you can cancel your membership if a planned club
never opens, your club closes, or there is a substantial change
in the operation of the club.
Be
careful that your contract does not automatically renew. Imagine
paying for a gym you aren't using or don't like and then at
the end of the contract period being on the hook for another
year or longer because you forgot to cancel! If you're sticking
with your resolution to be healthier and the gym or club is
working for you, that's great. But if not, you want to be
free to exercise your options elsewhere!
Copyright
2007 - Law Office of Gina M. Ghioldi, P.C.
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