NCA agrees new membership guidelines with gyms

A series of guidelines aimed at making gym membership terms and conditions fairer and more transparent has been agreed by the National Consumer Agency (NCA) and the representative organisations of the fitness sector.

The agency has also reached agreement with one of the biggest gym chains in the State to make modifications to its new member contracts and has published a series of best practice principals which it is urging gyms to adopt.

After receiving a substantial number of complaints about the “inherent unfairness” of some gym contracts, the agency carried on a year-long review of the terms and conditions of membership agreements used by leisure and fitness clubs.

Among the consumer body's main concerns were a lack of clarity about minimum membership periods and notice periods for cancellation. It also highlighted problems with vague references to cancellation charges and clauses that permitted clubs to make substantial contract changes without consulting members and others that excluded clubs from liability for death or injury to members resulting from an act or omission of the seller or supplier

Yesterday the agency, in consultation with the Industry Body for Sports, Fitness, Aquatic Facilities, Spas and Wellness and the Irish Hotels Federation (IHF), published a guide for the sector on how to draw up contracts which, it said, reflected “an even balance” between the interests of consumers and gyms.

It said the guidelines would help leisure and fitness clubs to interpret and understand the requirements of the consumer contract regulations.

It also concluded negotiations with Jackie Skelly Fitness on the compatibility of the terms and conditions of a new membership agreement with the European Communities (Unfair Terms in Consumer Contracts), Regulations.

It said the new agreement would be of significant benefit to gym users and would put applicants in a better position to fully understand the terms and conditions of the contract that they are entering into.

The NCA, in addition, published seven non-binding best practice principles for the fitness sector. Amongst the principles is a promise to give potential members the opportunity to read and understand the terms and conditions before signing up and a commitment to take “particular care” to explain to all potential members the requirements of joining for a minimum fixed period and the cancellation procedure.

NCA chief executive Ann Fitzgerald said although both the guidelines and the seven principles were voluntary, she expected the leisure sector to review their contract agreements in line with both. “By having easily understandable membership agreements and by adopting the seven principles, the leisure sector will be offering a fairer deal to consumers, and will benefit the consumer and club alike. Openness and fairness will encourage more clients to join up,” she suggested.

She added that there was a “legal and moral obligation” on fitness and leisure clubs to act fairly and equitably towards their members and said the obligation included the “need to use simple, fair and easily understood wording in their contracts and membership forms”. She said the guide was intended as “a tool to help the leisure sector do this”.

In relation to the commitment by Jackie Skelly Fitness to adopt “a fairer, clearer and more evenly balanced membership agreement”, Ms Fitzgerald said she was “delighted” and expressed the hope the chain’s “engagement with the review will help to ensure that the new membership agreement benefits thousands of consumers who will now fully understand the terms of their contracts.”