ARAG expert Tobias Klingelhöfer with information about the fitness contract
Almost every second German starts the new year with the resolution to do more sport. In addition to saving and spending more time with the family, personal fitness is traditionally high in the rankings. Accordingly, it gets crowded in the fitness studios, especially in the first quarter. Around eleven million people actively train in a club and the frequency of training appears to be increasing: around a quarter of members came to train more frequently in the first half of 2023 than in the previous year. Therefore, ARAG expert Tobias Klingelhöfer reveals what you need to know about studio rules, contracts and terms.
With average membership fees of around 45 euros per month, the question arises as to which notice periods apply to fitness studios.
Tobias Klingelhöfer: Even if the question about the end comes quite early on at the beginning of a membership, it is of course justified given the costs. In addition, many contracts only become interesting in terms of price with longer terms. Basically, once the contract has been signed, you can usually only terminate it at the end of the term. However, for contracts concluded after March 2022, the initial term may be a maximum of two years. After that, contracts can only be extended for an indefinite period of time. After the initial contract has expired, you can cancel on a monthly basis.
Can the contract be automatically extended?
Tobias Klingelhöfer: An automatic contract extension is completely normal for many fitness studios. However, the Fair Consumption Contracts Act means that members can no longer be so easily tied to one-year contract extensions. The tacit contract extension is only legal if the contract is extended for an indefinite period and you have a notice period of no more than one month.
Can I pause my contract or transfer it to someone else?
Tobias Klingelhöfer: For members who are unable to do any sport for a while due to an injury, are on a long-term vacation or are traveling for work for a longer period of time, it often makes sense to take a break from their contract. However, this possibility is not stipulated by law. However, many fitness studios are open to discussion and offer to suspend the contract for a certain period of time. The months of the contract break are usually added to the original contract term. Transferability to third parties is theoretically possible, but must be expressly regulated in the general terms and conditions or agreed with the operator.
What options do I have if I want to leave at short notice?
Tobias Klingelhöfer: To put it bluntly – a spontaneous exit is difficult. But if, for example, you can no longer go to the gym due to illness, you can quit immediately. But studio operators are allowed to request a medical certificate. In this case, the doctor should certify the inability to play sports in the certificate and specify the expected duration. However, if you are already suffering from a chronic illness when you sign the contract, such as a joint disease, and later realize that you cannot complete the training, you have no chance of getting out early.
Are there other cases for a special right of termination?
Tobias Klingelhöfer: Pregnancy can also be a reason to end the contract early. However, it may be that an exit is not accepted, but only a non-contributory suspension of the contract for the duration of the pregnancy is offered.
However, according to a ruling by the Federal Court of Justice in 2016, a member’s change of residence is no longer per se a reason for extraordinary termination. The reasons for a move – even if it is work-related – usually lie solely in the sphere of the customer (ref.: XII ZR 62/15). I therefore recommend taking a look at the General Terms and Conditions (GTC) before concluding a contract. Customer-friendly studios offer relocations as a special reason for termination. Conversely, if the fitness studio moves and the new location is difficult to reach, members have a good chance of being terminated early.
Price increases can also be a reason for early termination of the contract. Provided that there is no corresponding regulation in the general terms and conditions. But most contracts contain a provision for increasing membership fees – often in the form of an annual adjustment by a certain percentage. If the increase is clearly stated and appropriate, it is usually effective.
What do I have to consider when canceling on time?
Tobias Klingelhöfer: No matter what reasons you want to terminate your fitness contract – it should always be done in writing, even if the operator has confirmed the termination verbally. This is the only way to have proof of compliance with the notice period in case of doubt. I would also like to point out that when calculating the deadline, access to the gym is always important, not the postmark. It is best to deliver the letter in person and have receipt confirmed. Or you can invest in a registered letter with acknowledgment of receipt.
What’s the drink clause in gyms all about?
Tobias Klingelhöfer: If you sweat a lot, you should drink even more than usual. If the operator demands that only the drinks offered there must be purchased, guests can ignore this. Corresponding clauses in house or usage regulations are illegal and therefore inadmissible – unless drinks are available at cost price. One point, however, is clear: glass bottles can be banned.
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ARAG is the largest family business in the German insurance industry and sees itself as a versatile quality insurer. It is the world‘s largest legal protection insurer. Active in a total of 19 countries – including the USA, Canada and Australia – ARAG occupies a leading position in many international markets with its legal protection insurance and legal services through its international branches, companies and investments. In addition to its focus on legal protection business, ARAG also offers its customers in Germany its own unique, needs-oriented products and services in the areas of composites and health. With more than 4,700 employees, the group generates a sales and premium volume of over 2.2 billion euros.
ARAG SE ARAG Platz 1 40472 Düsseldorf Chairman of the Supervisory Board Dr. Dr. hc Paul-Otto Faßbender
Board of Directors Dr. Renko Dirksen (speaker), Dr. Matthias Maslaton, Wolfgang Mathmann, Dr. Shiva Meyer, Hanno Petersen, Dr. Joerg Black
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