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Gym won't let me cancel my membership - what are my rights in California?

Started by my_landlord_sucks_5 · May 14, 2025 · 6 replies
For informational purposes only. California consumer protection laws discussed here.
ML
my_landlord_sucks_5 OP

I've been trying to cancel my gym membership for the last 3 weeks and they keep refusing. I signed up in January for a 6-month contract that ended in June. Since then I've been month-to-month.

I sent a cancellation email to the address on their website on August 15th. They responded saying I need to come in person. I went in person on August 22nd and the manager said I need to send certified mail. This is ridiculous.

Meanwhile they charged me again for September. What are my options here? I'm in California if that matters.

CA
ctrl_alt_defeat Attorney

Perfect. So here's the exact law (Cal. Civ. Code 1812.85(a)):

"A contract for health studio services shall provide that the buyer may cancel the contract for any reason within five business days of signing. The buyer may also cancel by written notice, at the address of the health studio, until midnight of the fifth day after the buyer receives a fully completed copy of the contract."

And section 1812.85(b)(1) says: "A contract shall not require a buyer to provide notice of cancellation in person, but shall allow for cancellation by written notice, which may be provided by mail or other written communication."

Your email on August 15th was valid written notice. The gym refusing it is illegal under California law.

NA
not_a_bot_i_swear_7

Had the EXACT same issue with 24 Hour Fitness last year. They kept saying I needed to come in, then said certified mail only.

I disputed the charge with my credit card company and included screenshots of my cancellation emails. Got my money back immediately. The gym tried to send me to collections but I sent them a copy of the statute @ctrl_alt_defeat cited and they backed off.

ML
my_landlord_sucks_5 OP

This is super helpful. I'm drafting an email right now citing the statute. Should I also file a complaint somewhere? Better Business Bureau?

ML
my_landlord_sucks_5 OP

Update: Sent the email yesterday afternoon citing Cal. Civ. Code 1812.85, stating my August 15th email was valid cancellation, and that I'm disputing the September charge with my credit card company.

Got a response this morning from their "regional manager" confirming my membership is cancelled effective August 31st and they'll refund the September charge within 7-10 business days.

That was fast. Thanks everyone!

TP
the_peoples_lawyer_7

Love seeing this. Gyms pull this crap constantly. I always screenshot or save copies of cancellation confirmations now for this exact reason.

Also pro tip: before you sign up for any gym membership, Google "[gym name] cancellation complaints" - you'll learn real quick which ones make it impossible to cancel.

TM
trying_my_best_11 Attorney

Great thread. I want to add one more California law that protects gym members that hasn't been mentioned: Health & Safety Code Section 113940.

This law specifically addresses health studio contracts and provides additional protections:

  • Gyms must provide a copy of your signed contract within 7 days
  • Contract terms exceeding 3 years are void and unenforceable
  • If the gym relocates more than 5 miles from its original location, you can cancel with a full refund of unused fees
  • If you become disabled or move more than 25 miles from the gym, you have the right to cancel

Combined with Civil Code 1812.80-1812.98 (the Health Studio Services Contract Act), California has some of the strongest gym member protections in the country.

For anyone dealing with a gym that won't cooperate, I'd recommend using a formal demand letter. There's a good California gym cancellation demand letter template that cites all the relevant statutes.

Related Resources

โ†’ Gym Cancellation Demand Letter โ†’ All Consumer Demand Letters