📋 California Gym Membership Rights

California's Health Studio Services Contract Act (Civil Code Sections 1812.80-1812.98) provides strong protections for gym members. The law regulates contract terms, requires specific disclosures, and provides multiple grounds for cancellation and refunds.

When to Use This Guide

🚫 Denied Cancellation

Gym refused your cancellation request or made it unreasonably difficult to cancel

💰 Unauthorized Charges

Gym continued billing after cancellation or charged unauthorized auto-renewal fees

🏗 Facility Closure

Gym closed, relocated, or removed amenities you relied upon

📝 Contract Violations

Gym's contract violates California law (excessive terms, no cancellation rights)

👍 Your Rights Under California Law

  • 5-day cooling-off period - Cancel any new membership within 5 business days for full refund
  • Cancel for relocation - If you move more than 25 miles from facility
  • Cancel for disability - If you become physically unable to use services
  • Cancel for death - Estate can cancel upon member's death
  • Monthly payment option - You must be offered month-to-month after initial term
  • No contracts over 3 years - Maximum initial term is 36 months

Cancellation Rights Under the Health Studio Act

📅 5-Day Right to Cancel

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Under Civil Code Section 1812.85, you may cancel any health studio contract within 5 business days of signing. The gym must provide a written notice of this right at the time of contract. If they failed to provide this notice, your cancellation right extends indefinitely.

📍 Relocation Cancellation

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Under Civil Code Section 1812.89, if you move your residence more than 25 miles from the health studio (and there is no comparable facility within 5 miles of your new residence), you may cancel and receive a pro-rata refund of any prepaid amounts.

🧔 Disability Cancellation

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If you become physically unable to use the health studio services due to significant physical disability for more than 6 months, you may cancel and receive a pro-rata refund. A note from your physician may be required.

🏗 Facility Closure or Change

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If the health studio closes, relocates more than 5 miles, or materially changes its services or facilities, you may cancel and receive a full refund of any unused prepaid amounts. The gym's failure to maintain promised amenities may constitute material change.

⚠ Auto-Renewal Protections

California Business and Professions Code Section 17602 requires gyms to: (1) clearly disclose auto-renewal terms, (2) obtain affirmative consent, (3) provide easy cancellation methods, and (4) send renewal reminders. Violations allow you to void the renewal and obtain refunds.

✅ Evidence Checklist

Gather these documents before sending your cancellation demand.

📄 Contract Documents

  • ✓Original membership agreement
  • ✓Any contract amendments or renewals
  • ✓Cancellation policy documentation
  • ✓Auto-renewal disclosure (if any)

💰 Payment Records

  • ✓Bank/credit card statements showing charges
  • ✓Receipts for all payments made
  • ✓Evidence of charges after cancellation
  • ✓Total amount paid to date

📩 Communications

  • ✓Cancellation requests (email, letter, form)
  • ✓Gym's responses or denials
  • ✓Any promises made by staff
  • ✓Written notice of relocation or disability

📍 Supporting Documents

  • ✓Proof of relocation (new lease, utility bills)
  • ✓Doctor's note for disability cancellation
  • ✓Photos of closed or changed facility
  • ✓Death certificate (for estate cancellation)

💰 Calculate Your Damages

Gym contract violations can result in full refunds plus additional penalties under California law.

CategoryDescription
Full RefundIf gym violated disclosure requirements or denied valid cancellation
Pro-Rata RefundUnused portion of prepaid membership upon valid cancellation
Unauthorized ChargesAll charges made after cancellation or without proper consent
Bank FeesOverdraft fees, stop payment fees caused by unauthorized charges
UCL RestitutionFull restitution for unfair business practices
Credit RepairIf gym sent account to collections, costs to repair credit

📊 Sample Damages Calculation

Example: Denied cancellation after relocation

Unused prepaid membership (8 months x $50)$400
Charges after cancellation request (3 months)$150
Bank overdraft fees$70
Initiation fee (if contract was void)$99
TOTAL REFUND DEMAND$719

Interactive Gym Refund Calculator

🏋 Calculate Your Gym Membership Refund

Enter your membership details to calculate your refund demand.

📝 Sample Language

Copy and customize these paragraphs for your cancellation demand letter.

Opening Paragraph
I am writing to formally demand cancellation of my membership at [GYM NAME] and a refund of all amounts improperly charged. Under California's Health Studio Services Contract Act (Civil Code Sections 1812.80-1812.98), I am entitled to cancel this membership and receive a pro-rata refund of prepaid amounts.
Relocation Cancellation
On [DATE], I relocated my residence to [NEW ADDRESS], which is more than 25 miles from your facility. Under Civil Code Section 1812.89, I am entitled to cancel my membership and receive a pro-rata refund of any prepaid amounts. Enclosed please find proof of my new residence. I demand immediate cancellation and a refund of $[AMOUNT] representing the unused portion of my membership.
Auto-Renewal Violation
Your automatic renewal of my membership violated California Business and Professions Code Section 17602. Specifically, you failed to: (1) clearly disclose auto-renewal terms before my initial purchase, (2) obtain my affirmative consent to automatic renewal, and (3) provide an easy-to-use cancellation mechanism. Under California law, these failures render the auto-renewal terms void and unenforceable. I demand a full refund of all charges made pursuant to the unauthorized renewal, totaling $[AMOUNT].
5-Day Cancellation Right
I signed a membership agreement on [DATE]. You failed to provide me with written notice of my right to cancel within 5 business days as required by Civil Code Section 1812.85. Because you did not provide this mandatory disclosure, my cancellation right extends indefinitely. I hereby exercise that right and demand a full refund of all amounts paid, including the initiation fee of $[AMOUNT] and all monthly payments totaling $[AMOUNT].

🏋 Major Gym Chain Cancellation Policies (2026)

Each gym chain has different cancellation policies, but California law overrides restrictive contract terms. Here's what each chain requires vs. what the law actually says.

Gym Chain What They Say What CA Law Says Common Issues
LA Fitness Must cancel in person or certified mail; 30-day notice CA Civil Code 1812.85: Can cancel by written notice (any method) Continues billing after cancellation; claims they "didn't receive" notice
24 Hour Fitness Cancel online or in-club; may require 30-day notice for month-to-month Cannot charge beyond the next billing cycle after cancellation Online portal "errors"; sends to collections for disputed charges
Planet Fitness In-person or certified mail only; annual fee non-refundable Annual fee must be disclosed upfront; cancellation by any written notice Surprise annual fee; refuses cancellation for "active term" contracts
Equinox 45-day cancellation notice; must be within first 5 days of billing cycle CA limits commitment to 36 months max; 5-day right to cancel new contracts High initiation fee disputes; won't prorate when relocating 25+ miles
Crunch Fitness Cancel in-person or mail; 30-day notice Same CA protections apply; written notice sufficient Franchise locations have inconsistent policies; may claim separate rules

💡 Key California Protection

Under Civil Code 1812.85, you can ALWAYS cancel a gym membership by sending written notice β€” regardless of what the contract says about in-person cancellation requirements. Email counts as written notice. Keep proof of sending.

📅 What Happens After You Send Your Demand Letter

Here's what to expect after sending your gym membership cancellation demand letter.

1

Days 1-3: Gym Receives Your Letter

Send via email AND certified mail (USPS tracking). The email provides immediate notice; the certified mail provides legal proof of delivery. Keep copies of everything.

2

Days 3-14: Gym Responds (or Doesn't)

Best case: Gym processes cancellation and refund. Common case: Gym offers partial refund or credits. Worst case: No response β€” this actually helps your case if you go to small claims.

3

Day 14: If No Response β€” Dispute Charges

Contact your credit card company or bank. File a chargeback for all unauthorized charges after your cancellation date. Your demand letter serves as evidence of the dispute.

4

Day 30+: Small Claims Court

If the gym still refuses, file in California small claims court ($30-$75 filing fee). You can claim: all unauthorized charges + $2,500 statutory penalty under Civil Code 1812.80 + court costs. Most gyms settle before the hearing.

🚀 Next Steps

What to do after sending your demand letter.

If the Gym Does Not Respond

  1. File Complaint with California AG - The Attorney General handles consumer complaints at oag.ca.gov/consumers
  2. Dispute Credit Card Charges - File chargebacks for unauthorized charges with your credit card company
  3. Small Claims Court - File in small claims for amounts up to $10,000
  4. Report to BBB - File complaint with Better Business Bureau

💳 Credit Card Chargebacks

For unauthorized charges, contact your credit card company to dispute. Under the Fair Credit Billing Act, you have 60 days from the billing statement to dispute. For recurring charges made after cancellation, each charge is a new violation with its own dispute period.

Need Legal Help?

Gym membership disputes can often be resolved with a strong demand letter. Get a strategy call if your gym refuses to comply.

Book Consultation - $125

California Resources

  • CA Attorney General Consumer Protection: oag.ca.gov/consumers
  • California Courts Self-Help: selfhelp.courts.ca.gov (small claims)
  • Department of Consumer Affairs: dca.ca.gov
  • Better Business Bureau: bbb.org

👥 When to Hire a Consumer Rights Attorney

Gym membership cancellation disputes vary in complexity. Here's when you can handle it yourself versus when legal help is worthwhile.

Handle It Yourself When:

✓ Simple Cancellation

You just want to cancel and have no billing disputes yet - follow the written notice procedures

✓ Small Amount Disputed

One or two unauthorized charges totaling under $200 - credit card dispute may resolve it

✓ Gym Is Cooperative

The gym acknowledges your cancellation and offers to process refunds

✓ Good Documentation

You have proof of cancellation and can clearly document the violation

Hire an Attorney When:

⚠ Persistent Billing

Gym continues charging after cancellation for multiple months

⚠ Collections Threat

Gym sent account to collections or threatens credit damage over disputed charges

⚠ Cancellation Refusal

Gym refuses to accept proper written cancellation or claims contract lock-in

⚠ Significant Damages

Unauthorized charges exceed $500 or caused significant financial harm

Why Attorney Representation Makes Sense

  • Fee-Shifting: Health Studio Services Contract Law requires gyms to pay your attorney fees if you win
  • Statutory Penalties: ARL violations allow $500+ per violation plus actual damages
  • Collections Defense: Attorneys can stop improper collection activity and pursue FDCPA claims
  • Quick Resolution: Gyms often settle immediately when facing attorney letters

Not Sure If You Need an Attorney?

Take our quick assessment to get a personalized recommendation for your gym membership dispute.

Take Free Assessment

💡 Attorney Fee-Shifting

Many consumer attorneys work on contingency for gym disputes. Fee-shifting provisions mean no upfront cost for viable claims.