🏋 When Can You Cancel a Gym Membership?

California has some of the strongest consumer protection laws for gym and fitness center memberships. Under the Health Studio Services Contract Law, I enforce these mandatory cancellation rights that gyms cannot contract around:

Guaranteed Cancellation Rights

5-Day Rescission

You can cancel ANY gym contract within 5 days of signing for a full refund, no questions asked.

Relocation (25+ Miles)

If you move more than 25 miles from the gym or any affiliated location, you must be allowed to cancel.

Medical Disability

Physical disability that prevents gym use requires cancellation with a doctor's note.

Facility Closure

If gym moves 5+ miles or fails to open within 6 months, you can cancel and get a full refund.

Why This Law Matters

Unlike many states where gym contracts are binding, California law provides:

  • Maximum 36-month contracts - longer terms are void
  • $2,500 maximum total cost - higher amounts are unenforceable
  • Written notice of cancellation rights - gyms must disclose these rights
  • Private right of action - you can sue for violations

⚖ California Legal Basis

I rely on these California statutes to enforce gym cancellation rights and recover damages.

Key California Statutes

📚

Civil Code Section 1812.80-1812.98

The Health Studio Services Contract Law. Governs all gym, fitness center, and health club memberships. Requires specific contract terms, cancellation rights, and disclosure requirements. Violations give rise to actual damages plus attorney fees.

📚

Civil Code Section 1812.85

Mandatory cancellation provisions. Requires gyms to cancel for: (1) death of member; (2) permanent disability; (3) relocation more than 25 miles. Gym can only charge prorated amount through cancellation date.

📚

Business & Professions Code 17600 (ARL)

California Automatic Renewal Law. Requires clear disclosure of renewal terms and easy cancellation. Violations make post-cancellation charges "unauthorized" and fully refundable.

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Business & Professions Code 17200 (UCL)

Unfair Competition Law. Allows recovery of restitution and injunctive relief for any unlawful, unfair, or fraudulent business practice. Attorney fees available under private attorney general doctrine.

Statute of Limitations

Contract claims: 4 years from breach. UCL claims: 4 years. CLRA claims: 3 years. The clock starts when the gym first refuses to cancel or makes unauthorized charges.

✅ Evidence Checklist

I gather this evidence to build the strongest case for cancellation and refunds.

Contract Documents

  • ✓Original signed membership agreement
  • ✓Any amendments or modifications
  • ✓Welcome packet and disclosures
  • ✓Promotional materials or advertisements

Cancellation Attempts

  • ✓Written cancellation requests (emails, letters)
  • ✓Certified mail receipts
  • ✓Notes from phone calls (date, rep name)
  • ✓Gym's written responses or denials

Supporting Documentation

  • ✓Doctor's note (for medical cancellation)
  • ✓Proof of new address (for relocation)
  • ✓Bank/credit card statements showing charges
  • ✓Collection notices (if sent to collections)

💰 Recoverable Damages

When a gym violates the Health Studio Services Contract Law, I can recover these damages:

Damage Type Description Amount
Unauthorized Charges All charges made after valid cancellation Full refund
Actual Damages Out-of-pocket losses, bank fees, credit harm Varies
Attorney Fees Recoverable under CC 1812.97 Full fees
UCL Restitution Disgorgement of improperly collected fees Full amount

Sample Damages Calculation

Example: Gym refused cancellation after relocation

12 months unauthorized charges ($59/mo)$708
Bank overdraft fees (4 x $35)$140
Collection agency harassment damages$500
Credit report damage (estimated)$1,000
Actual Damages$2,348
Attorney fees (recoverable)+ fees

My Fee Structure

I handle gym cancellation disputes on the following basis:

  • Flat Fee: Starting at $450 for demand letter only
  • Hourly: $240/hr for consultation or extended disputes
  • Contingency: 33-40% for cases with significant damages (typically $5,000+)

📝 Demand Letter Template

I use this template structure when sending gym cancellation demands. Customize the highlighted portions for your specific situation.

Opening - Statutory Cancellation Demand
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

[DATE]

[GYM NAME]
[ADDRESS]

RE: Demand for Cancellation and Refund - Member [YOUR NAME]
Account Number: [ACCOUNT #]

Dear [GYM MANAGER/OWNER]:

This letter constitutes formal demand for immediate cancellation of my membership and refund of all unauthorized charges pursuant to California Civil Code Section 1812.80 et seq. (Health Studio Services Contract Law).
Relocation Cancellation
On [DATE], I relocated my residence to [NEW ADDRESS], which is more than 25 miles from your facility at [GYM ADDRESS] and from any affiliated location.

Pursuant to Civil Code Section 1812.85(c), I am entitled to cancel my membership effective immediately. I have enclosed proof of my new address (utility bill/lease/driver's license).

Despite my cancellation request submitted on [DATE], you have continued to charge my credit card. These post-cancellation charges are unauthorized and violate both the Health Studio Services Contract Law and the Automatic Renewal Law (Bus. & Prof. Code 17600).
Medical Cancellation
Due to a physical disability, I am no longer able to use your gym facilities. Enclosed is a letter from my physician, [DR. NAME], confirming that I am unable to engage in physical exercise at a gym due to [GENERAL DESCRIPTION - no need to disclose diagnosis].

Pursuant to Civil Code Section 1812.85(b), I am entitled to cancel my membership immediately upon providing this medical documentation. Your refusal to honor this legally-mandated cancellation right violates California law.
Demand and Deadline
DEMAND:

1. Immediately cancel my membership effective [DATE OF ORIGINAL REQUEST].

2. Refund all charges made after [CANCELLATION DATE], totaling $[AMOUNT].

3. Confirm in writing that no further charges will be made and no collection activity will occur.

4. Remove any negative information reported to credit bureaus.

You have 15 days from receipt of this letter to comply. If I do not receive full compliance, I will file suit in California Small Claims Court (or Superior Court if damages exceed $12,500) seeking all unauthorized charges, actual damages, and attorney fees as provided by Civil Code Section 1812.97.

Sincerely,

[YOUR NAME]
[YOUR ADDRESS]
[YOUR EMAIL]

❓ Frequently Asked Questions

Can I cancel my California gym membership at any time?
Under CC 1812.80-1812.98, you have several cancellation rights: (1) Cancel within 5 days of signing for a full refund; (2) Cancel if the gym moves more than 5 miles; (3) Cancel for disability or death with documentation; (4) Cancel if the gym fails to open within 6 months. After the initial period, cancellation depends on your contract terms, but gyms frequently violate the law by refusing legitimate cancellations.
What if I moved away from my California gym?
California law requires gyms to allow cancellation if you move more than 25 miles from the gym or any affiliated location. Provide proof of your new address (utility bill, lease, or driver's license). The gym must cancel within 30 days and cannot charge more than the prorated amount. If they refuse, they are violating CC 1812.85.
Must my gym accept a doctor's note for cancellation?
Yes. Under CC 1812.85, gyms must allow cancellation for physical disability that makes use impossible. A doctor's note stating you cannot use gym facilities is sufficient. The gym cannot demand specific diagnoses. If they continue billing after receiving proper documentation, you can pursue actual damages plus attorney fees.
Can my gym keep billing me after I cancelled?
No. Once you properly cancel, the gym must stop all billing within 30 days. Post-cancellation charges violate both the Health Studio Services Contract Law and California's Automatic Renewal Law. You can recover all unauthorized charges, actual damages, and attorney fees. Keep written proof of your cancellation.

🚀 Next Steps

Step 1: Document Your Cancellation

Send written cancellation via certified mail with return receipt. Keep a copy of everything.

Step 2: Gather Evidence

Collect your contract, all communications, bank statements showing charges, and proof of relocation/disability if applicable.

Step 3: Send Demand Letter

Use my template above to send a formal demand. Give the gym 15 days to respond.

Step 4: Dispute Credit Card Charges

File chargebacks for unauthorized charges. Cite "services not provided" or "cancelled subscription."

Step 5: File Complaints

Report violations to the California Attorney General and your local District Attorney consumer protection unit.

Gym Still Refusing to Cancel?

I help California gym members enforce their statutory cancellation rights and recover unauthorized charges plus attorney fees.

Questions? Email me directly at owner@terms.law