How to protect your rights in a fitness club

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

A life hacker understands how to behave in controversial situations that visitors to gyms often encounter.

You want to get a refund for your membership

A fairly common situation: on New Year's Day you promised yourself to lead an active lifestyle and bought a subscription to a fitness club for 12 months. But already in March the weather whispered: it is better to stay at home. In May, it turned out that the kebabs will not fry themselves. And in summer, in general, the vacation season. In general, there is no time to go to the gym, and the money disappears.

What to do

You have the right to refuse services at any time without giving reasons - this is provided by the law on consumer protection. In this case, you are obliged to return the money minus the payment for the services already rendered.

To terminate the contract, write a free-form statement in duplicate. Take it to the fitness club and have it stamped on your slip. If employees refuse, send the application by registered mail with acknowledgment of receipt. Not having achieved the result in an amicable way, go to court.

It happens that fitness clubs agree to return the money, but they start to cheat. For example, they take a penalty for early termination of a contract or evaluate services according to a dubious scheme: the first days of classes are the most expensive, and the last ones cost literally a penny. Both are illegal.

Konstantin Bobrov Director of the Legal Service "United Center for Defense"

Calculation of a penalty for termination of a service agreement is prohibited. And the payment for classes should be distributed evenly over time, since the client of the fitness club receives approximately the same amount of services every day, every month.

You got hurt

And you are counting on compensation from the fitness club for the fact that you had to go on sick leave from training.

What to do

First you need to objectively assess who is to blame for your damage. For example, if you tried to use the simulator in a different way from its design, then the fitness club does not owe you anything. But if the cause of the injury is equipment malfunction or a wet floor, then you can qualify for payments.

Every customer service organization has a responsibility to ensure the safety of its customers. The fitness club should monitor the health of the simulators, provide advice on the optimal load, and so on. If safety has not been ensured and the client is injured, the institution is obliged to compensate for the harm to health and compensate for moral damage.

Before being admitted to classes, you should be familiarized with safety precautions and given an introductory briefing - signed.

You were injured by another visitor to the club

Situations vary. The roommate forgot to put the bindings on the bar, and the pancakes rolled off the bar onto your foot. Or someone got tired of standing in line for the simulator, and he pounced on you with his fists. This is unpleasant, and I want to bring the culprits to justice, but it is not completely clear whether it is possible to bring something to the fitness club.

What to do

Responsibility lies with your offender, and it is worth making a claim to him - not in a return fight, but through the court. But if, for example, one trainee slipped on a wet floor and crashed into another, then there is an element of guilt of the fitness club and compensation can be demanded from him.

You missed a paid lesson due to illness and want to resume it

You go to martial arts, but not with an unlimited subscription, but paying for a specific number of classes. You were hospitalized last week and missed two workouts. The administrator says that they burned out, but you think that this is not fair.

What to do

If a lesson is missed due to illness, then it can be restored. First, analyze the contract with the fitness club: there may be a corresponding clause.

If there is no such clause, refer to Articles 779-783 of the Civil Code of the Russian Federation, which stipulate that an already paid service must be provided.

Konstantin Bobrov

Write an application for the restoration of classes addressed to the head of the club. Indicate in it the corresponding clause in the contract or article of the Civil Code of the Russian Federation.

You bought a pool pass and closed it

Or they were going to go to the hall just for the sake of a shower, because the hot water in your apartment was turned off. And you were left without what you spent your money for.

What to do

The closure of the pool for preventive maintenance and the lack of hot water in the shower indicates poor quality services to the consumer, notes Konstantin Bobrov. Therefore, you can demand a commensurate reduction in the cost of subscription services or early terminate the contract and return the money, as well as go to court for compensation for moral damage.

The instructor of the group programs was replaced with a less experienced one

The yoga teacher shone, tying in a knot not only all the trainees, but also a gymnastic beam. But he was replaced by an inexperienced coach, and the classes lost their meaning.

What to do

If the quality of the service has decreased, this violates the rights of the consumer. Start by filing a claim with the club administration. If they refuse, you can go to court. And it is better to enlist the support of other participants in the group lesson: if only you are dissatisfied, the club will easily dispute the claim.

In addition, if the lesson is not copyright and the coach is replaced by a specialist with the same qualifications, then this is legitimate.

The club sold more season tickets than it can afford

Even in the daytime, there is literally nowhere to step in the gym, and in the evenings it takes hours to stand in line to the simulators.

What to do

This is a common problem, but the only way out is to change clubs. With early termination of the contract and a refund, of course.

The gym is dirty and the pool is moldy

It is unpleasant to be in a fitness club because of the big questions about the observance of sanitary and hygienic requirements.

What to do

This indicates a poor-quality service, you have the right to demand a commensurate reduction in the cost of the subscription. You can also file a complaint with Rospotrebnadzor, which will oblige the fitness club to eliminate all deficiencies.

However, in this matter it is worth relying not on personal feelings, but on the requirements of the law. So, according to SanPiN, daily pool cleaning should be carried out at the end of the working day, general cleaning - at least once a month. Similar requirements apply to sports facilities in general. If they are met, you may have slightly higher standards of cleanliness.

The fitness club decided that you were breaking the rules and expelled you

You go to the gym with a friend, talk between approaches and insure each other. But the fitness club decided that you were illegally training a friend, and they kicked you out.

What to do

The institution is not entitled to prevent the client from attending classes if the contract is not terminated. While the contract is valid, the client can receive services in full.

If you want to visit the fitness club further, send a claim to its administration with the requirement to provide the service in full. If you refuse, you can go to court with a claim so that the institution is obliged to provide the service in full.

Konstantin Bobrov

A valuable item was stolen from the locker room

A smartphone has disappeared from the locker. The administrator points to the ad: “Put your valuables in the safe. The club is not responsible for the contents of the locker room."

What to do

Of course, the institution is responsible for the contents of the cells, notwithstanding the announcements. Therefore, in case of theft of things, you can claim damages in court - there are decisions with the outcome in favor of visitors to fitness clubs.