🏋 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.
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
My Fee Structure
I handle gym cancellation disputes on the following basis:
- Flat Fee: Starting at $575 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.
[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).
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).
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.
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]
🖩 Gym Cancellation Damages Calculator
Use this interactive calculator to estimate potential damages in your case. Enter your information below to get an estimate of recoverable damages.
📈 Estimated Damages Breakdown
❓ Frequently Asked Questions
👥 When to Hire a Consumer Rights Attorney
Gym membership disputes range from simple cancellation issues to complex billing fraud. Here's when to handle it yourself versus when legal help makes sense.
Handle It Yourself When:
✓ Simple Cancellation Request
You just want to cancel and the gym hasn't charged you improperly yet
✓ Small Dollar Amount
Disputed charges total under $500 and you can file a credit card dispute
✓ Gym Is Responsive
The gym acknowledges your cancellation and is willing to process refunds
✓ Clear Documentation
You have proof of cancellation (certified mail receipt, email confirmation)
Hire an Attorney When:
⚠ Months of Unauthorized Charges
Gym has been charging you for months after cancellation - damages add up quickly
⚠ Sent to Collections
Gym reported you to collections or is threatening credit damage over disputed charges
⚠ Refuses Written Cancellation
Gym insists on in-person cancellation or won't accept proper written notice
⚠ Hidden Contract Terms
Gym claims you're locked into a long-term contract you didn't knowingly agree to
⚠ Multiple Violations
Pattern of deceptive practices affecting your contract, billing, and cancellation rights
Why Attorney Representation Often Makes Sense
- Fee-Shifting: Health Studio Services Contract Law and CLRA require the gym to pay your attorney fees if you win
- Statutory Damages: ARL violations allow $500+ per violation on top of actual damages
- Collections Defense: Attorneys can stop improper collection activity and pursue FDCPA claims
- Quick Settlements: Gyms often settle quickly when facing attorney letters because they know the law is on your side
- Contingency Available: Many consumer attorneys handle gym cases on contingency for pattern violations
Not Sure If You Need an Attorney?
Take our quick assessment to get a personalized recommendation based on your gym membership situation.
Take Free Assessment💡 Contingency Representation Available
Many consumer rights attorneys work on contingency for gym membership disputes. The fee-shifting provisions in California law mean there's often no upfront cost to you for representation on viable claims.
🚀 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