Gym Membership Disputes
California Gym Fee Refund Claims

Gym Won't Refund Your Initiation Fee? Get Your Money Back.

Paid an initiation fee, enrollment fee, or joining fee and now the gym won't refund it? California law protects you. If you canceled within 5 days, they must refund EVERYTHING - no exceptions.

$50-$500+
Typical Initiation Fees
5 Days
Full Refund Window
10 Days
Refund Must Be Issued

California Laws That Protect You

California has strong consumer protection laws specifically for gym and health club memberships. Here are the key laws for initiation fee disputes:

Civil Code 1812.85 - 5-Day Unconditional Cancellation
You have 5 days after signing to cancel for ANY reason. The gym must refund ALL payments, including the initiation fee, enrollment fee, processing fees, and first month's dues. No exceptions. Refund must be issued within 10 days.
Civil Code 1812.89 - Relocation/Disability Cancellation
If you move more than 25 miles away or become disabled, you can cancel and receive a pro-rata refund of prepaid dues. Note: Initiation fees may not be refundable after the 5-day period under this provision, but prepaid monthly dues must be refunded.
Civil Code 1812.80-1812.98 - Health Studio Services Contract Law
The complete California Health Studio Services Contract Law governs all gym memberships. It requires written contracts, specific disclosures, cancellation rights, and prohibits unfair contract terms. Violations can make the entire contract voidable.
Civil Code 3300 - Contract Damages
If the gym breached your contract (charged undisclosed fees, failed to honor a waiver, etc.), you can recover all amounts wrongfully charged plus consequential damages.
Key Point: Initiation Fees Must Be Disclosed
Under Civil Code 1812.82, all fees must be clearly disclosed in writing before you sign. If the initiation fee wasn't disclosed, or was higher than quoted, it may be completely unenforceable.

💰 Common Initiation Fee Disputes

Which situation applies to you? Click to see your rights:

⚠ 5-Day Cancellation Refused

You canceled within 5 days of signing but the gym won't refund your initiation fee. This is a clear violation of Civil Code 1812.85 - they MUST refund all fees, no exceptions.

🏢 Gym Closed/Bankruptcy

The gym went out of business, closed your location, or filed bankruptcy. You're entitled to a full refund of your initiation fee plus all prepaid amounts under Civil Code 1812.89.

🔍 Undisclosed/Inflated Fee

You weren't told about the initiation fee until after signing, or the charged amount was higher than quoted. Undisclosed fees may be unenforceable under Civil Code 1812.82.

📝 Fee Waiver Not Honored

The gym promised to waive your initiation fee (promotion, sales rep promise) but charged you anyway. This is potential fraud and breach of contract - demand a full refund.

Annual Fees vs. Initiation Fees - Know the Difference
Initiation Fee: One-time fee charged when you join (also called enrollment fee, joining fee, startup fee). Annual Fee: Yearly fee charged on your anniversary (also called annual maintenance fee, enhancement fee). Different rules apply to each!

💰 What You Can Recover

Here's what you may be entitled to depending on your situation:

Situation Refund Amount
5-Day Cancellation Full initiation fee + all other payments (100% refund required)
Gym Closure/Bankruptcy Full initiation fee + pro-rata prepaid dues
Undisclosed Fee Full refund + potential CLRA penalties ($1,000+)
Fee Waiver Not Honored Full initiation fee charged + potential fraud damages
Relocation/Disability (after 5 days) Pro-rata prepaid dues (initiation fee may not be refundable)

Typical Initiation Fee Amounts

Gym Type Typical Initiation Fee Range
Budget Gyms (Planet Fitness, Crunch) $0 - $49
Mid-Range Gyms (LA Fitness, 24 Hour) $49 - $149
Premium Gyms (Equinox, Lifetime) $150 - $500+
Boutique Studios (CrossFit, OrangeTheory) $50 - $250
💡
Credit Card Chargeback Option
If you paid by credit card, you can also dispute the charge directly with your card issuer. This often gets faster results than dealing with the gym directly. Keep your demand letter as documentation.

📝 Demand Letter Template

Send this letter via certified mail with return receipt requested. Keep a copy for your records. Customize the sections in brackets.

DEMAND FOR INITIATION FEE REFUND [Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [Gym Name] [Gym Address] [City, CA ZIP] Re: Demand for Refund of Initiation Fee Member Name: [Your Name] Membership Number: [If known] Membership Start Date: [Date You Signed] Initiation Fee Paid: $[Amount] Dear [Gym Name] Management: I am writing to demand an immediate refund of the initiation fee I paid to your facility. This demand is based on my rights under California's Health Studio Services Contract Law (Civil Code 1812.80-1812.98). FACTS: 1. On [Date], I signed a membership agreement with [Gym Name] located at [Location]. 2. At that time, I paid an initiation fee (also known as enrollment fee/joining fee) of $[Amount]. 3. [Choose and customize the applicable reason:] [ ] On [Date], I submitted a written cancellation request within the 5-day cancellation period provided by Civil Code 1812.85. Under this law, I am entitled to a FULL refund of ALL payments made, including the initiation fee. [ ] On [Date], your facility closed/went out of business. Under Civil Code 1812.89, I am entitled to a full refund of all prepaid amounts, including the initiation fee. [ ] The initiation fee was not disclosed to me before I signed the contract. I was told the fee would be $[Quoted Amount] but was charged $[Actual Amount]. Under Civil Code 1812.82, undisclosed fees are not enforceable. [ ] Your sales representative promised to waive my initiation fee as part of a [promotion name/verbal promise]. I have [documentation type: email, text, promotional flyer, witness] confirming this promise. Despite this, I was charged $[Amount]. 4. Despite my request for a refund on [Date of refund request], you have failed/refused to refund the initiation fee. LEGAL BASIS: California Civil Code Section 1812.85 provides that any buyer may cancel a health studio services contract within five days of signing and receive a FULL refund of all payments. This includes initiation fees, enrollment fees, processing fees, and any other amounts paid. [If applicable, add:] Additionally, Civil Code Section 1812.82 requires all fees to be clearly disclosed in the contract. Any undisclosed fees are not enforceable against the consumer. DEMAND: I hereby demand: 1. Immediate refund of the initiation fee: $[Amount] 2. [If applicable: Refund of first month's dues: $Amount] 3. [If applicable: Refund of other fees: $Amount] TOTAL REFUND DEMANDED: $[Total Amount] Please issue this refund within ten (10) days of the date of this letter, as required by Civil Code 1812.85. If I do not receive the full refund within 10 days, I will: 1. File a complaint with the California Attorney General's Office 2. File a complaint with the California Department of Consumer Affairs 3. Dispute all charges with my credit card company 4. Pursue legal action in small claims court, where I will seek not only the refund but also statutory penalties and court costs I would prefer to resolve this matter without legal action. Please contact me at [Phone/Email] to confirm the refund. Sincerely, _______________________________ [Your Signature] [Your Printed Name] Enclosures: - Copy of membership contract - Receipt showing initiation fee payment - Copy of cancellation request (if applicable) - Promotional materials showing fee waiver (if applicable) - Communications regarding this dispute

🖩 Gym Initiation Fee 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 to Gather

Collect these documents before sending your demand letter:

🚨
5-Day Cancellation: Document Your Timing!
If you're claiming the 5-day cancellation right, you MUST prove you canceled within 5 days of signing. Use certified mail with return receipt, email with read receipt, or get a written acknowledgment from the gym. Keep copies of everything!

Frequently Asked Questions

Is the gym initiation fee refundable in California?
It depends on when you cancel. Under California Civil Code 1812.85, if you cancel within 5 days of signing your contract, you are entitled to a FULL refund of ALL fees paid, including the initiation fee, enrollment fee, and any processing fees. After the 5-day period, initiation fees are generally non-refundable unless the gym closes, you relocate more than 25 miles away, or you become disabled.
Can I get my initiation fee back if I cancel within 5 days?
Yes, absolutely. California's Health Studio Services Contract Law (Civil Code 1812.85) gives you an unconditional 5-day cancellation right. If you cancel within 5 days of signing, the gym MUST refund your entire initiation fee, enrollment fee, first month's dues, and any other amounts paid. They cannot keep any portion as a "processing fee" or "administrative fee." The refund must be issued within 10 days of your cancellation.
What if the gym closes - do I get my initiation fee back?
Yes. Under California Civil Code 1812.89, if a gym goes out of business, closes your location, or discontinues services you paid for, you are entitled to a full pro-rata refund of all prepaid amounts, including your initiation fee. If the gym filed bankruptcy, you should file a proof of claim with the bankruptcy court. Many gym chains also have surety bonds that may cover your refund.
Can gyms charge any amount for initiation fees?
While California law doesn't cap initiation fees, the fee must be disclosed in the contract before you sign. Under Civil Code 1812.82, all charges must be clearly stated. If the gym failed to disclose the initiation fee, added hidden fees, or charged more than the disclosed amount, the fee may be unenforceable. Inflated or undisclosed fees can also violate California's Consumer Legal Remedies Act (CLRA).
What if the gym promised to waive my initiation fee?
If a gym representative promised to waive or reduce your initiation fee (verbally or in writing) but then charged you anyway, you may have a claim for fraud or breach of contract. Document any promotional materials, emails, texts, or written notes showing the waiver was promised. Many gyms run "no initiation fee" promotions - if you signed up during one and were still charged, demand a full refund citing the specific promotion.
Are "annual fees" the same as initiation fees?
No, they're different. An initiation fee (also called enrollment fee or joining fee) is a one-time fee charged when you first sign up. An annual fee (sometimes called "annual maintenance fee" or "enhancement fee") is charged yearly, usually on the anniversary of your membership. Both must be disclosed in your contract. If you cancel within 5 days, ALL fees are refundable. After 5 days, initiation fees are generally non-refundable, but you may dispute annual fees if they weren't properly disclosed or if you cancel before they're due.

Need Help With Your Gym Fee Dispute?

For complex cases or unresponsive gyms, I can assist with demand letters, credit card disputes, and small claims filings.

Contact: owner@terms.law

📅 Schedule a Consultation

For disputes involving large fees or multiple issues, book a call to discuss your options.

📝 Create Your Demand Letter

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