📋 California Gym Membership Rights

California's Health Studio Services Contract Act (Civil Code Sections 1812.80-1812.98) provides strong protections for gym members. The law regulates contract terms, requires specific disclosures, and provides multiple grounds for cancellation and refunds.

When to Use This Guide

🚫 Denied Cancellation

Gym refused your cancellation request or made it unreasonably difficult to cancel

💰 Unauthorized Charges

Gym continued billing after cancellation or charged unauthorized auto-renewal fees

🏗 Facility Closure

Gym closed, relocated, or removed amenities you relied upon

📝 Contract Violations

Gym's contract violates California law (excessive terms, no cancellation rights)

👍 Your Rights Under California Law

  • 5-day cooling-off period - Cancel any new membership within 5 business days for full refund
  • Cancel for relocation - If you move more than 25 miles from facility
  • Cancel for disability - If you become physically unable to use services
  • Cancel for death - Estate can cancel upon member's death
  • Monthly payment option - You must be offered month-to-month after initial term
  • No contracts over 3 years - Maximum initial term is 36 months

Cancellation Rights Under the Health Studio Act

📅 5-Day Right to Cancel

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Under Civil Code Section 1812.85, you may cancel any health studio contract within 5 business days of signing. The gym must provide a written notice of this right at the time of contract. If they failed to provide this notice, your cancellation right extends indefinitely.

📍 Relocation Cancellation

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Under Civil Code Section 1812.89, if you move your residence more than 25 miles from the health studio (and there is no comparable facility within 5 miles of your new residence), you may cancel and receive a pro-rata refund of any prepaid amounts.

🧔 Disability Cancellation

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If you become physically unable to use the health studio services due to significant physical disability for more than 6 months, you may cancel and receive a pro-rata refund. A note from your physician may be required.

🏗 Facility Closure or Change

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If the health studio closes, relocates more than 5 miles, or materially changes its services or facilities, you may cancel and receive a full refund of any unused prepaid amounts. The gym's failure to maintain promised amenities may constitute material change.

⚠ Auto-Renewal Protections

California Business and Professions Code Section 17602 requires gyms to: (1) clearly disclose auto-renewal terms, (2) obtain affirmative consent, (3) provide easy cancellation methods, and (4) send renewal reminders. Violations allow you to void the renewal and obtain refunds.

✅ Evidence Checklist

Gather these documents before sending your cancellation demand.

📄 Contract Documents

  • ✓Original membership agreement
  • ✓Any contract amendments or renewals
  • ✓Cancellation policy documentation
  • ✓Auto-renewal disclosure (if any)

💰 Payment Records

  • ✓Bank/credit card statements showing charges
  • ✓Receipts for all payments made
  • ✓Evidence of charges after cancellation
  • ✓Total amount paid to date

📩 Communications

  • ✓Cancellation requests (email, letter, form)
  • ✓Gym's responses or denials
  • ✓Any promises made by staff
  • ✓Written notice of relocation or disability

📍 Supporting Documents

  • ✓Proof of relocation (new lease, utility bills)
  • ✓Doctor's note for disability cancellation
  • ✓Photos of closed or changed facility
  • ✓Death certificate (for estate cancellation)

💰 Calculate Your Damages

Gym contract violations can result in full refunds plus additional penalties under California law.

CategoryDescription
Full RefundIf gym violated disclosure requirements or denied valid cancellation
Pro-Rata RefundUnused portion of prepaid membership upon valid cancellation
Unauthorized ChargesAll charges made after cancellation or without proper consent
Bank FeesOverdraft fees, stop payment fees caused by unauthorized charges
UCL RestitutionFull restitution for unfair business practices
Credit RepairIf gym sent account to collections, costs to repair credit

📊 Sample Damages Calculation

Example: Denied cancellation after relocation

Unused prepaid membership (8 months x $50)$400
Charges after cancellation request (3 months)$150
Bank overdraft fees$70
Initiation fee (if contract was void)$99
TOTAL REFUND DEMAND$719

📝 Sample Language

Copy and customize these paragraphs for your cancellation demand letter.

Opening Paragraph
I am writing to formally demand cancellation of my membership at [GYM NAME] and a refund of all amounts improperly charged. Under California's Health Studio Services Contract Act (Civil Code Sections 1812.80-1812.98), I am entitled to cancel this membership and receive a pro-rata refund of prepaid amounts.
Relocation Cancellation
On [DATE], I relocated my residence to [NEW ADDRESS], which is more than 25 miles from your facility. Under Civil Code Section 1812.89, I am entitled to cancel my membership and receive a pro-rata refund of any prepaid amounts. Enclosed please find proof of my new residence. I demand immediate cancellation and a refund of $[AMOUNT] representing the unused portion of my membership.
Auto-Renewal Violation
Your automatic renewal of my membership violated California Business and Professions Code Section 17602. Specifically, you failed to: (1) clearly disclose auto-renewal terms before my initial purchase, (2) obtain my affirmative consent to automatic renewal, and (3) provide an easy-to-use cancellation mechanism. Under California law, these failures render the auto-renewal terms void and unenforceable. I demand a full refund of all charges made pursuant to the unauthorized renewal, totaling $[AMOUNT].
5-Day Cancellation Right
I signed a membership agreement on [DATE]. You failed to provide me with written notice of my right to cancel within 5 business days as required by Civil Code Section 1812.85. Because you did not provide this mandatory disclosure, my cancellation right extends indefinitely. I hereby exercise that right and demand a full refund of all amounts paid, including the initiation fee of $[AMOUNT] and all monthly payments totaling $[AMOUNT].

🚀 Next Steps

What to do after sending your demand letter.

If the Gym Does Not Respond

  1. File Complaint with California AG - The Attorney General handles consumer complaints at oag.ca.gov/consumers
  2. Dispute Credit Card Charges - File chargebacks for unauthorized charges with your credit card company
  3. Small Claims Court - File in small claims for amounts up to $10,000
  4. Report to BBB - File complaint with Better Business Bureau

💳 Credit Card Chargebacks

For unauthorized charges, contact your credit card company to dispute. Under the Fair Credit Billing Act, you have 60 days from the billing statement to dispute. For recurring charges made after cancellation, each charge is a new violation with its own dispute period.

Need Legal Help?

Gym membership disputes can often be resolved with a strong demand letter. Get a strategy call if your gym refuses to comply.

Book Consultation - $125

California Resources

  • CA Attorney General Consumer Protection: oag.ca.gov/consumers
  • California Courts Self-Help: selfhelp.courts.ca.gov (small claims)
  • Department of Consumer Affairs: dca.ca.gov
  • Better Business Bureau: bbb.org