FOR IMMEDIATE RELEASE:
Contact: Tracey Anton, Senior Manager, Marketing & Communications
Phone: 212-358-2828 | Email: tanton@newyork.bbb.org
The holidays are over and consumers are turning their thoughts toward making 2013 better than 2012. According to USA.gov, one of the most common New Year’s resolutions is to get fit. While it’s exciting to gear up toward a goal, joining a health club can be a major purchase. The Better Business Bureau advises consumers to consider the terms of any contract carefully before joining a gym.
Many consumer complaints about gyms filed with the BBB focus on contract disputes and billing issues. Consumers turned to BBB claiming that gym salespeople made big promises that never materialized. According to these consumers, they would later find out that those promises were not included in the written contract, and the fitness center refused to honor verbal agreements.
Another common issue involved consumers who either did not understand the gym’s cancellation policies or gyms that did not cancel contracts as requested. Many contracts require a 30- or 60-day written notice of cancellation and automatically renew after the contract expiration date.
BBB offers the following advice to help consumers select a fitness facility that best meets their needs:
• Visit bbb.org.
Before signing a contract, research the gym at bbb.org to see its BBB Business Review, which will show a 3-year history of complaints processed and its BBB rating.
• Consider your budget.
Most facilities charge an up-front membership fee to join and a monthly fee thereafter. In addition, some fitness centers charge an additional fee for certain classes or amenities. It is important to decide beforehand what amount you can comfortably devote to physical fitness.
• Ask around. Ask friends and family to recommend facilities, and pick a couple that appear to align with your fitness goals and budget. Visit each club on a day and time that you plan to use it to see if you like the equipment, clientele, classes, amenities and cleanliness. This will also give you a sense of how crowded each club will be at the times you want to access the equipment.
• Do not give in to sales pressure. Walk away from clubs that pressure you to sign a contract on the spot. BBB recommends taking a sample contract home to review before making a decision.
• Review the contract before signing. It is vital to understand how long the membership term is, whether it automatically renews and what steps you have to take in order to cancel. Make sure the contract lists all services and fees, and any promises made by the salesperson. Find out what is included in the monthly fee and what will cost extra.
• Make sure the club is bonded. New York State law requires certain health clubs to have a bond or other form of financial security to protect members in the event the club closes. A notice stating that the facility has done so (or is exempt) must be posted in two conspicuous areas; you may also ask a representative of the club for proof of the club’s compliance. For more information on what is legally required for health clubs, including specifics about bonding, prohibited forms of marketing practices, and disclosure requirements, go to the New York State Department of State website: http://www.dos.ny.gov/licensing/lawbooks/HLTHCLUB.pdf.
• Understand your rights to cancel your contract. New York State law gives consumers the right to cancel their health club contract within three business days after they receive a copy of the written contract. After that three day period, consumers also have the right to cancel their contract, without penalty, for the following reasons:
o If upon doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six months.
º If you move your residence more than 25 miles from any health club operated by the seller
º If the services cease to be offered as stated in the contract.
º If you die, your estate shall be relieved of any further obligation for payment under the contract.
The NYS Department of State website also has information about your contract cancellation rights: http://www.dos.ny.gov/licensing/lawbooks/HLTHCLUB.pdf.
For more tips you can trust, visit www.newyork.bbb.org, and to sign up for our weekly scam alerts, visit https://cbbb.wufoo.com/forms/email-sign-up/