Consumer Contracts
Posted on16 January 2012
Cancelling Your Gym Membership Because of a Material Change
Written by Michelle
As this is the time of year that people begin working on their new year’s resolutions, we thought it would be useful to provide some more information around gym membership contracts. Gym memberships as well as other types of memberships for fitness purposes (i.e. yoga, or swimming lessons) all fall under the category of continuing services contracts.
We have blogged about gym memberships before including an overview of your rights with these types of contracts as well as knowing when your gym contract ends and how to cancel it.
You may be aware that you can cancel your gym contract within 10 days of receiving a copy of it for any reason. After that initial 10 day period, you and the fitness provider are bound to the terms and conditions of the contract unless there has been a material change either for the consumer, or the supplier. But what exactly is a material change?
A material change in the circumstances of the consumer happens if:
•The consumer passes away,
•The consumer experiences a physical, medical, or mental disability and has a note from a doctor or nurse practioner advising that continued participation is likely to endanger their health, or
•The consumer relocates more than 30 km away from the facility and the supplier has not provided comparable alternative facilities near the consumer’s new location.
You can also cancel your contract if there has been a material change in the services provided by the supplier which happen if:
•The services are not completed or are no longer available
•The supplier relocates their facility more than 30 km away and does not provide comparable alternative facilities within 30 km from the consumer’s location.
If you have experienced a “material change” and need to cancel your gym membership or fitness contract, we welcome you to use our “cancelling a continuing services contract” forms.
There is a lot to know about continuing services contracts. To speak with an inquiry officer about any questions you may have, please contact us by email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it , toll free phone: 1-888-564-9963, on our Facebook page, or reply to this blog!
Published in Consumer Contracts.
Michelle
Michelle works in the Consumer Protection BC Inquiry Centre. She answers calls and emails from consumers and businesses on a wide variety of topics which makes her the perfect person to share her knowledge and experiences with you.




Comments
Bev
25 September 2012Do I automatically become of member of the other gym without consenting to it? Do I automatically have to pay them their dues which are higher than what I was paying at Fit City? Do I not have any rights to refuse the transfer of my membership?
I do not want to be a member of this gym. Their letter states if I want to cancel the membership I have to abide by their cancellation policy but I don't even know what that is!
Thank you in advance for any guidance you can provide.
Tatiana
23 April 2013RSS feed for comments to this post