The agreement must contain the following details:
- your service´s name and address
- the client´s and your rights and obligations
- fee details
- the cooling-off period start and end dates
- the client´s right to terminate the agreement due to permanent sickness or physical incapacity
- circumstances under which the client can terminate the agreement before the membership ends, other than those listed above
- how the client can terminate the agreement
- the opening date, if the agreement is signed before the fitness centre opens for business.
Before a client signs a membership agreement, you must give them a clear, written statement that outlines:
- each fee they will pay
- what services each fee pays for
- when they need to pay each fee
- the total amount of fees they will pay during the agreement´s term.
Specifically, the statement must disclose:
- the initial joining fee
- the membership fee
- the fee for each visit to the centre
- the fee for services you provide
- the administration fee for terminating the agreement during the cooling-off period or due to permanent sickness or physical incapacity
- the fee for terminating the agreement outside the cooling-off period or for a reason other than permanent sickness or physical incapacity
- any fee for transferring membership to another fitness centre or person
- any fee for suspending membership
- any other fee that they may pay under the agreement.
If you offer a free or discounted fitness service under a membership agreement, the written statement must also disclose:
- the usual service fee before the offer
- whether the usual service fee was increased before the offer and, if so, by how much
- whether the service has decreased in quality or is restricted in any way because of the offer and how.
You cannot ask a client to pay prepaid fees for more than 12 months of the agreement´s term. This applies specifically to membership terms longer than one year.
Memberships with an initial membership period (usually 6 or 12 months) that continue beyond the initial term are called ongoing or rollover agreements.
When a client signs an ongoing agreement, the membership agreement must state that it is an ongoing agreement, and the client must sign and date it.
At least two months before the initial expiration date, you must write to the client explaining:
- the date that the initial agreement will end
- that the agreement will continue beyond the initial term unless the client terminates the agreement.
Agreements with minors
The fitness centre must get its own legal advice about a minor´s ability to enter into a binding contract, how to handle the situation, and the implications.
Last reviewed 28/11/2011