The National Consumer Agency (NCA) has issued draft guidelines for fitness and leisure clubs after finding many include unfair terms in their contracts.
The guidelines are non-binding but the NCA is threatening legal action if gyms persist in using membership agreements containing unfair conditions. The public has been invited to contribute to a consultation process which will lead to the publication of final guidelines next year.
The agency has received a large number of complaints about gym contracts.
Among the main concerns are terms that: are unclear about the minimum membership period and the notice period for cancellation; are vague about cancellation charges; allow clubs to make unrestricted changes to services without consulting members; seek to exclude a club's liability for death or personal injury to a member resulting from an act or omission of the seller or supplier.
It says many clubs need to revise their contracts and draft them in plain and understandable language.
They should be more transparent about the main contractual commitments, it says.
EU regulations stipulate terms in standard consumer contracts, similar to those used by gyms and fitness clubs, must not be weighted against consumers. They must be drafted in clear and unambiguous language.
The NCA has asked gyms to review their membership agreements. It says Ben Dunne Fitness Group has responded by reviewing the contracts it uses.
