Government says be careful of gym contracts

Earlier this month, the Department of Trade and Industry’s Office of Consumer Protection (OCP) warned South Africans about to sign up with gyms and fitness centres to pay careful attention to the small print in the contracts in order to avoid becoming victims of unfair business practices.

This follows a range of complaints that the OCP has received about hidden consumer responsibilities and obligations in fitness centre contracts. In some cases fitness centres had made use of pressure tactics to force consumers into entering long-term contracts. In others, consumers said that they were not informed whether membership fees would be deducted on a once-off or monthly basis, and neither did the contracts disclose the duration of the consumers’ commitment to the fitness centre, with some contracts having been erroneously entered into for life.

Aubrey Mathope, from the Department’s Consumer and Corporate Regulation Division (CCRD) says the regulation of fitness centres obliges gyms, sports and fitness centres/businesses to incorporate payment options and a cooling-off period in their membership agreements.

“The fitness centre contract should include the cooling-off period of no less than five days, excluding the day of signing the contract, inclusive of Saturdays, Sundays and public holidays; and the payment options available to the consumer, whether paying in advance or monthly,” said Mathope.

He added that the regulation further prohibits the offering, selling or renewal of membership agreements for periods exceeding three years, when the unexpired period of the lease agreement is less than three years.

As with any contract, it’s always important to read and understand the small print before signing, but also to know your rights in the face of sales pressure.

Consumers who want to get more information on fitness centre contracts and businesses, or submit consumer complaints, should contact Aubrey Mathope via the following e-mail address: aubreym@thedti.gov.za