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

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.

California has very strong consumer protection laws for gym memberships. This is covered under California Civil Code Section 1812.85.

Here's what matters for you:

• Since you're month-to-month now, you can cancel at ANY time with proper notice
• The gym MUST allow you to cancel by the same method you used to sign up - if you signed up online, you can cancel online
• They can't require certified mail if that wasn't in your original contract
• They must process your cancellation within 10 business days

How did you originally sign up?

I signed up in person at the gym. Does that mean I have to cancel in person?

But even when I went in person they refused and said certified mail only. Their contract says "written notice" but doesn't specify certified mail.

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.

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 @AlexB_Consumer cited and they backed off.

I want to add that California law also requires gyms to refund any unused prepaid fees within 30 days of cancellation (Cal. Civ. Code 1812.87).

More importantly, if they continue to refuse your valid cancellation and keep charging you, they could be liable for:

• Return of all fees collected after your cancellation date
• Penalties up to $2,500 per violation
• Your attorney's fees if you have to sue

Send them one more email explicitly referencing Cal. Civ. Code Section 1812.85 and stating this is your formal cancellation effective immediately. CC your credit card company.

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

BBB isn't really a government agency - it's more like Yelp for older people. What you want is:

1. File a complaint with the California Attorney General's office (they have an online form)
2. File with the California Department of Consumer Affairs
3. Consider filing in small claims court if they charged you after your cancellation - no lawyer needed and filing fee is only $30-75 depending on the amount

Honestly though, the email citing the statute will probably be enough. These gyms know they're breaking the law, they just count on people giving up.

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!

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.