OFT Guidance on Fitness Clubs
The Office of Fair Trading (OFT) has issued new guidance regarding unfair terms and conditions
on health and fitness club agreements. The guidance has been issued in conjunction with the
launch of a new leaflet for consumers that provides practical help about fitness club
agreements. The OFT have acted after receiving hundreds of complaints regarding unfair terms
in agreements.
Examples include contract terms that:
- try to exclude a club's liability for death or personal injury or for loss or damage to
members' property
- are unclear about the minimum membership period and the notice period for cancellation
- are unclear about cancellation charges
- are unclear about the consequences of cancellation
- allow clubs to make unrestricted changes to facilities
The OFT has powers to prevent the use of unfair contract terms under the 1999 Unfair Terms
in Consumer Contracts Regulations. The guidance sets out what sort of terms in health and
fitness contracts the OFT considers potentially unfair and it gives examples of unfair terms
and revised terms.
At the launch of the guide, a representative from the OFT said "Attempting to exclude
liability for matters such as death or personal injury is a very serious matter and cannot be
allowed to continue. Clubs must ensure they comply with the Regulations. If they continue
to use unfair terms, the OFT will take enforcement action".
Examples of unfair terms include:
- all members & guests use the facilities & equipment provided by the club at their own risk
and the club does not accept responsibility for any harm or injury to a member or guest
whatsoever
- for security reasons, members and guests are asked to store personal belongings and
valuables in the lockers provided. Lockers are provided on a daily basis only and items left
overnight will be removed from the lockers and disposed of accordingly
- the propietor retains the right to vary, add or eliminate any of the particular services
and facilities provided within the club from time to time
These OFT guidance notes deal with standard contract terms and not those individually
negotiated with the consumer.
Trading Standards Division, 3rd Floor, Wallasey Town Hall, Brighton Street, Wallasey, Wirral CH44 8ED
Telephone: 08454 04 05 06 Fax: (0151) 691 8098
Internet World Wide Web http://www.tradingstandards.gov.uk/wirral/
Electronic Mail: tradingstandards@wirral.gov.uk
