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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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