Gym Membership Disputes
California Gym Freeze Rights

Gym Won't Freeze Your Membership? California Demand Letter for Medical & Travel Holds

You requested a freeze for medical reasons or travel, but your gym denied it or kept charging you. California law protects your right to temporary disability freezes, and many contracts require freeze options. Get your refund.

Medical Freezes
Statutory Protection
Full Refund
Charges During Freeze
Contract Terms
Check Your Agreement

$ California Laws Protecting Gym Members

Civil Code 1812.80-1812.98 - Health Studio Services Contract Law
California's comprehensive health studio law regulates gym contracts, including provisions for membership modifications, cancellations, and member protections. This law establishes the framework for gym member rights in California.
Civil Code 1812.85(d) - Temporary Disability Freeze Rights
This is your strongest protection. Health studios MUST allow members to suspend (freeze) their membership during periods of temporary disability that prevent use of the facilities. Medical freezes with proper documentation cannot be refused.
Contract Provisions - Freeze Policies
Beyond statutory rights, your membership contract may provide additional freeze rights. Many gyms contractually agree to freezes for travel, relocation, financial hardship, or other reasons. These contractual promises are legally binding.
Civil Code 3300 - Breach of Contract Damages
If your gym violates its own freeze policy or charges you during an approved freeze, you can recover all damages resulting from the breach, including improper charges, fees, and any consequential damages.
Emergency Freeze Precedent (COVID-19)
During COVID-19 closures, gyms were required to freeze memberships or provide refunds when facilities were inaccessible. This established important precedent that members shouldn't pay for services they cannot use through no fault of their own.
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Medical vs. Discretionary Freezes
Medical/disability freezes have statutory protection under Civil Code 1812.85(d). Travel, relocation, and other freezes depend on your contract terms. Review your membership agreement carefully to understand your specific rights.

! Common Gym Freeze Disputes

California gym members frequently encounter these freeze-related problems:

Medical Freeze Request Denied

Gym refuses to freeze your membership despite medical documentation showing temporary disability or condition preventing gym use. This may violate Civil Code 1812.85(d).

Travel/Military Deployment Freeze Refused

Extended travel, work relocation, or military deployment prevents gym access, but gym won't honor freeze provisions in your contract or claims they don't offer freezes.

Charged During Freeze Period

Gym approved your freeze but continued charging your card anyway. You're entitled to full refund of all charges during the approved freeze period.

Excessive or Unauthorized Freeze Fees

Gym charges freeze fees not disclosed in your contract, or charges fees during medical freeze when they shouldn't. Hidden fees may be unenforceable.

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Document Everything in Writing
Always request freezes in writing (email or certified letter) and keep copies. Verbal freeze approvals are difficult to prove later. Written documentation protects your rights.

$ What You Can Recover

When your gym violates freeze policies or California law, you may be entitled to these damages:

Damage Type Typical Amount
Refund of Charges During Freeze Full amount charged ($30-150/month typical)
Improper Freeze Fees Full refund of unauthorized fees
Membership Extension Days equal to improperly charged freeze period
Contract Breach Damages Additional costs if freeze policy was violated
Bank/Overdraft Fees Caused by unauthorized charges
Credit Damage (if applicable) Varies - if sent to collections wrongfully

Example Calculation

Member with 3-month medical freeze who was charged throughout:

@ Demand Letter Template

Customize this letter with your specific details. Send via certified mail with return receipt requested.

DEMAND FOR REFUND - MEMBERSHIP FREEZE DISPUTE [Your Name] [Your Address] [City, CA ZIP] [Your Phone] [Your Email] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [Gym Name] [Gym Address] [City, CA ZIP] Re: Demand for Refund - Membership Freeze Dispute Member Name: [Your Name] Membership #: [Your Membership Number] Freeze Request Date: [Date You Requested Freeze] Dear [Gym Name] Management: I am writing to demand a refund for improper charges related to my membership freeze request. FACTS: 1. I am a member of [Gym Name] with membership number [Number], paying monthly dues of $[Amount]. 2. On [Date], I submitted a written request to freeze my membership for the following reason: [Medical condition/Extended travel/Military deployment/Other - describe briefly]. 3. [Choose applicable situation:] [ ] My freeze request was denied despite [medical documentation/contract provisions allowing freezes]. [ ] My freeze was approved, but I was charged $[Amount] during the freeze period. [ ] I was charged unauthorized freeze fees of $[Amount] per month. 4. I provided the following documentation to support my freeze request: [Doctor's note dated X/Medical records/Travel itinerary/Deployment orders/etc.] LEGAL BASIS: [For medical freezes:] California Civil Code Section 1812.85(d) requires health studios to allow members to suspend membership during periods of temporary disability. My medical documentation establishes that I have a temporary condition preventing use of gym facilities. [For contract-based freezes:] My membership agreement with [Gym Name] dated [Date] provides for membership freezes under Section [X], which states: "[Quote relevant freeze provision from your contract]." Your refusal to honor this provision constitutes breach of contract under California Civil Code Section 3300. [For charges during approved freeze:] After approving my freeze request on [Date], you continued to charge my account in violation of the freeze agreement. I am entitled to a full refund of all charges during the freeze period. DAMAGES: Monthly dues charged during freeze period: $[Amount] Unauthorized freeze fees: $[Amount] Bank fees caused by improper charges: $[Amount] [Other damages]: $[Amount] TOTAL DAMAGES: $[Total Amount] Plus: Extension of membership term by [Number] days to compensate for freeze period. DEMAND: I demand that within fifteen (15) days of the date of this letter, you: 1. Refund $[Total Amount] to my original payment method or by check; 2. Extend my membership term by [Number] days at no additional cost; 3. Confirm in writing that my account has been corrected. If I do not receive a satisfactory response within 15 days, I will: - File a complaint with the California Department of Consumer Affairs - Pursue this matter in California Small Claims Court (up to $12,500) - Report the unfair business practices to the Better Business Bureau - Post accurate reviews of my experience on consumer platforms Please contact me at [Phone/Email] to resolve this matter. Sincerely, _______________________________ [Your Signature] [Your Printed Name] Enclosures: - Copy of membership agreement with freeze policy highlighted - Copy of freeze request dated [Date] - Medical documentation (if applicable) - Travel/deployment orders (if applicable) - Bank/credit card statements showing improper charges - Any gym correspondence regarding freeze request

🖩 Gym Freeze Disputes Damages Calculator

Use this interactive calculator to estimate potential damages in your case. Enter your information below to get an estimate of recoverable damages.

Actual money lost or spent
Additional losses caused by the issue

📈 Estimated Damages Breakdown

Direct Damages $0
Consequential Damages $0
Emotional Distress (Est.) $0
Statutory Penalties (Est.) $0
TOTAL ESTIMATED DAMAGES $0
Disclaimer: This calculator provides rough estimates for educational purposes only and does not constitute legal advice. Actual damages vary significantly based on specific facts, evidence strength, and many other factors. Consult with a qualified California attorney for an accurate case evaluation.

# Evidence Checklist

Gather these documents before sending your demand letter:

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Medical Freeze Tip
For medical freezes, a simple doctor's note stating you have a temporary condition preventing gym use is usually sufficient. You don't need to disclose specific diagnoses.

> What Happens After You Send the Letter

Days 1-5: Gym Receives Your Letter

Certified mail ensures delivery confirmation. Gym management reviews your demand and supporting documentation.

Days 5-10: Internal Review

Gym corporate or billing department investigates. Many gyms will contact you to resolve before the deadline.

Days 10-15: Response Expected

Gym should provide refund, counter-offer, or explanation. Document all communications.

Day 15+: If No Satisfactory Response

File complaint with CA Department of Consumer Affairs. Consider small claims court (up to $12,500). Contact your bank about disputing charges.

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Credit Card Dispute Option
If your gym charged your card during an approved freeze or after you properly cancelled, contact your credit card company about a chargeback. You typically have 60-120 days from the statement date to dispute unauthorized charges.

? Frequently Asked Questions

Can I freeze my gym membership in California?
Yes, but freeze rights depend primarily on your contract terms. California Civil Code 1812.85(d) specifically requires gyms to allow temporary freezes for members with temporary disabilities (medical conditions preventing gym use). Many gym contracts also allow freezes for travel, military deployment, or other reasons. Review your membership agreement for freeze provisions.
Does my gym have to offer a medical freeze?
For temporary disabilities, yes. Under California Civil Code 1812.85(d), health studios must allow members to suspend their membership during periods of temporary disability. You'll typically need documentation from a healthcare provider. The gym cannot charge you membership fees during a properly documented medical freeze.
Can gyms charge a fee to freeze membership?
It depends on your contract and the reason for the freeze. For medical freezes under Civil Code 1812.85(d), gyms should not charge fees during the disability period. For discretionary freezes (travel, etc.), many gyms charge a reduced "freeze fee" of $5-15/month. These fees must be disclosed in your contract. If you weren't told about freeze fees, you may have grounds to dispute them.
How long can I freeze my gym membership?
Medical freezes should last as long as your temporary disability prevents gym use. For other freezes, duration limits are set by your contract - typically 30-90 days per year, though some gyms allow longer. Check your membership agreement for specific freeze duration limits and any maximum freeze periods per year.
What if my gym charged me during a freeze?
If your gym charged membership fees during an approved freeze period, you're entitled to a full refund of those charges. Send a demand letter with proof of your freeze request, the gym's acknowledgment (if any), and your bank statements showing the improper charges. Request a refund plus extension of your membership for the improperly charged period.
Can I freeze for extended travel or military deployment?
Many gym contracts allow freezes for extended travel or military deployment, but this isn't guaranteed by California law like medical freezes are. Military members have additional protections under the Servicemembers Civil Relief Act (SCRA), which may allow cancellation or suspension of contracts. Review your contract's freeze policy and gather documentation (travel itinerary, deployment orders) to support your request.

Gym Refusing to Honor Your Freeze Rights?

For disputed charges over $500 or gyms that won't respond, I can help you recover what you're owed.

Contact: owner@terms.law

+ Schedule a Consultation

For complex gym membership disputes or claims involving significant damages, book a call to discuss your options.

📝 Create Your Demand Letter

Generate a professional demand letter, CA court complaint, or arbitration demand