Ask the AG: Consumer Protection Tips from Attorney General Rob McKenna

New Year's Resolution: Selecting a Health Club

Consumer: I've decided to join a health club. What do I need to know to know about choosing a club and signing a membership?

Attorney General Rob McKenna: Every January, many consumers head to the gym. Becoming fit, losing weight, and eating right are popular - and admirable - New Year's resolutions. Before you step on the treadmill, however, you should become familiar with Washington's Health Club Law.

Problems with health clubs used to be a significant concern in our state. The number of consumer complaints filed with the Attorney General's Office has fortunately dwindled over the past several years, in part because of lawsuits and enforcement action by our office. While most fitness clubs are reputable, understanding your rights will make you a wiser consumer.

• Before signing a contract, visit the club during the hours you expect to use the facility. Peak hours might reveal more people competing for equipment than anticipated.
• Ask for a free trial period to try out the equipment and/or programs.
• Talk to other club users about their opinions of the facility.

• The health club must provide a written list of all its membership plans, including the description and price of each. Special offers and discount prices must be in writing. Note that clubs can't sell "lifetime" memberships and dues cannot be raised more than once per year.
• Read your contract carefully before signing. The contract should include the business' name and address, the date signed, a description of equipment/services, the length of the contract, the cost and whether those charges can increase, and information about your cancellation rights. If you buy a membership to a club that has not yet opened, the contract should also include the facility's opening date.
• Don't feel pressured to sign a contract right away in order to secure a low rate. Many health clubs offer enrollment specials and discounts several times a year.

• You have three business days after signing a membership contract in which to cancel and receive a refund. The club must refund your money within 30 days.
• If your contract extends for more than a year, you can cancel at anytime by giving 30 days written notice. The club must give you a prorated refund of your initiation fee unless your contract specifies that the fee is nonrefundable.
• If you purchased an advance membership for a club that doesn't open on the specified date, you are entitled to a refund and can cancel within the first five business days the facility is open.
• After you have properly cancelled your membership, you are under no obligation to continue making contract payments. However, you may still be obligated to pay the initiation fee if your contract specifies that the fee is nonrefundable.

If you believe that a fitness center has violated your rights or is using deceptive tactics, file a complaint with the Attorney General's Office online or call 1-800-551-4636 for more information.

Here's to a happy 2006 and a healthier you!