Gym and fitness services
Gym- och träningstjänster - Engelska
Before you cancel a gym membership, you need to find out whether you have a prior notice period or are bound to a commitment period. If the gym’s range of services offered changes significantly, you may have the right to cancel before the end of the contract.
Translated page: This text has been translated from Swedish. The text and appearance of the page may look different from the original page.
Important to know
It is not legally permissible for a gym to have a commitment period of longer than 12 months.
If you have agreed to a commitment period, you are obligated to pay for the full commitment period, even if you move or stop using the gym membership.
If you have taken out a membership in site at the gym, you do not have a statutory right of withdrawal. If, on the other hand, you have purchased a gym pass/membership online, you have a 14-day cooling off period, during which you have a right of withdrawal.
A membership may also mean, for example, a 10-card, a monthly pass or a season pass.
Choose what you want to read more about
If you have taken out a membership in site at the gym, you do not have a statutory right of withdrawal.
If you joined up online, you have a 14-day cooling off period to exercise your right of withdrawal. The 14-day cooling off period starts the day after you sign up, even if you do not start using the membership immediately.
If you change your mind and want to cancel the membership, it is a good idea to inform the gym in writing, for example by e-mail. You will then have a written record that you changed your mind and when. When you exercise your right of withdrawal, you should not have to pay anything for the membership.
Exceptions to the right of withdrawal
In some cases, the right of withdrawal does not apply. If contract is for a fitness activity and it is a recreational activity provided a specific day or during a specific period of time, you do not have a right of withdrawal.
What should I do if the company denies my right of withdrawal
If the company says you do not have the right of withdrawal to cancel the membership, you can ask them to explain why. If the company still insists that there is no right of withdrawal but you think they should agree to this, read what is written below under “Request the assistance of ARN if you can’t arrive at a mutually agreed solution with the company.”
Gyms may offer memberships either with or without a commitment period. Often you will also have an advance notice requirement to cancel the contract. The notice period and the commitment period must be stated in the terms and conditions of the contract.
Notice of cancellation period
The notice period is the amount of time between when you notify your intention to terminate the contract and when the contract will end. You are required to continue to pay for your membership after you give notice until the termination date. Usually when you want to cancel a membership the notice period ends at the end of a calendar month after the minimum notice period.
Example: You cancel your membership on 15 January and the contract requires two months’ notice. In this example, you are obligated to pay for the membership until the end of March. Similarly if you want your membership to end at the end of February, you will need to give notice by the end of December.
Commitment period
Gyms often offer fixed-term memberships with a commitment period. This means that you will be obligated to pay for your membership for a fixed period of time. You are committed to paying for the full commitment period even if you stop using the membership or move.
Gyms are allowed to have a maximum of 12 months’ membership commitment period. If you have a contract with a longer commitment period, after 12 months you can ask to terminate the contract. This applies even if the terms and conditions state that the commitment period is longer.
You can choose how to cancel your membership. A company may not require you to cancel your membership in a particular specific way, e.g. by phone or by coming into the gym. One advantage of giving notice in writing, e.g. by email, is that you have documentation of that and when you gave notice.
You do not have a statutory right to freeze or otherwise suspend your membership, for example, if you become ill, are injured or are going away for a while. However, this may be allowed, depending on what the terms and conditions of membership say.
If there is nothing stated in this regard in the terms and conditions, you can ask for your membership to be frozen, but the company is not obligated to do so. You can always try asking the company anyway.
If you have purchased a membership that includes group exercise sessions or classes, and scheduled workout sessions, there may sometimes be changes to the range of services offered. Minor changes are perfectly understandable. If on the other hand there are major changes that are significant to you, you may be entitled to a reduction in the membership fee or even to cancel the contract. A major change could for instance be the removal of several of your favourite sessions and the fact that these sessions were important to your choice of membership.
If there have been major changes you object to, first contact the company to discuss this. Do this either in person or by e-mail, and explain what you are dissatisfied with and what your requests or expectations are. If the company rejects your request for a resolution in this regard, you may be able to have the dispute heard by a dispute resolution panel at no cost to the parties.
Whether or not the company can change the price depends upon the type of contract you have. If you have a fixed term contract with a commitment period, the company may not change the price. Once the commitment period has expired and the contract continues as a month-to-month contract, the company can change the price subject to that it must inform you of this in advance. The notification must be sufficiently in advance to allow you to cancel the contract if you no longer wish to continue at the new price.
Therefore if you do not have a fixed term contract you accept the risk that the price may increase at the company’s discretion.
Has the gym announced that they are completely closed? For example, if they close for a few weeks for renovations. Then you should not have to pay for that period. The gym may also offer the possibility to freeze the membership during the period they are closed. Freezing means that the membership is temporarily paused.
If you freeze a membership during a binding period, the binding period is usually extended by the length of the freezing period. What applies depends on the terms of the membership. Ask the company.
In some situations, the company is allowed to extend the contract without explicitly informing you, for example if the notice of cancellation period for the contract is three months or less. For a company to be allowed to extend a contract automatically, this must be stated in the terms and conditions of the contract. The company is also under an obligation to remind you of this in writing no later than one month before notice of termination is required.
If there is no such clause in the contract, or if the company fails to remind you in time, you have the right to terminate the contract immediately.
A wellness allowance is an employee benefit received as an amount of money that an employer can offer to its employees to pay for fitness/exercise and other wellness activities. It may be, for instance, membership fees in a sports club or a gym, joining fees, fishing permits or lift passes.
The Swedish Tax Agency is the government agency responsible for establishing regulations relating to the wellness allowance.
What rights you have regarding the purchase of health care depends on what is stated in the terms of your agreement. If you make a purchase through a health care provider, it can be seen that it is not you who bought something from the company, but that the agreement is instead between your employer and the company. Then other rules apply and you probably have no right of withdrawal, for example.
What applies if you train online? Can you cancel the contract and what should you do if you are not satisfied? What you are entitled to depends, among other things, on what you and the company have agreed upon and how you entered into the contract.
Right of withdrawal
If you entered into the contract remotely, for example through an online booking system on a website, you generally have the right of withdrawal. You can then change your mind within 14 days from the date you entered into the contract.
However, there are some exceptions where you do not have the right of withdrawal. If it is considered that you have purchased a leisure activity that takes place during a specific period, you probably do not have the right of withdrawal. This often needs to be determined on a case-by-case basis.
Compensation
If you have the right of withdrawal but have already used the service, the company may be entitled to charge a reasonable fee. To charge such a fee, they must have provided you with the correct information about the right of withdrawal, and you must have requested that the service begin within the withdrawal period.
Termination of the service
If you do not have the right of withdrawal but want to terminate the service, you need to check what is stated in your contract. What applies if you want to terminate? Are you bound for a certain period? Do you have a certain notice period?
You can terminate the contract whenever you want, but you generally need to pay for the time you are bound.
Remember to terminate the contract in writing, for example via email. Save a copy.
You do not get what you were promised
Do you think the service is not good? What you are entitled to depends on what you and the company have agreed upon. If you do not get what you were promised, you should request that the company correct the error. If the company cannot do so within a reasonable time, you may instead be entitled to a price reduction or to cancel the contract.
You may also have the right to cancel the contract if there are major and serious errors with the service.
Complain in writing, for example via email. Save a copy.
Have you paid for a membership you can no longer use? In some cases, you may be able to get a refund for the period you cannot use the gym.
If you have paid via credit If you have paid via some form of credit, such as a credit card or invoice, you are protected by the Consumer Credit Act. You can make the same claims against your credit provider/bank as you would against the company. In this case, contact your credit provider and explain that you want to use the right of objection under the Consumer Credit Act.
Making claims against the bankruptcy estate
If you have not paid via credit, you can turn to the bankruptcy estate to claim a refund for the period you could not use the gym.
The company’s debts are paid according to a specific order. Some debts are prioritized over others. This means you have limited chances of getting your money back.
If you pay by direct debit
If you pay by direct debit every month, you no longer need to pay. You can contact your bank for help with removing the direct debit.
You can file a complaint with the Swedish National Board for Consumer Disputes (ARN) if you and the company cannot reach an agreement.
ARN will assess your case and then recommend how your dispute should be resolved. Most companies follow ARN’s recommendations.
A typical processing time is about six months.
What does it cost to file a complaint with ARN?
It costs 150 SEK to file a complaint with ARN. In your complaint, you can request that the company reimburses you for the cost if ARN rules in your favor.
Requirements for ARN to review your case
The company has rejected your claims or has not responded within a reasonable time.
The amount you and the company disagree on is higher than ARN’s value limit for the area the case concerns. You cannot include the fee for filing a complaint with ARN.
You file the complaint within one year from the first time you complained to the company.
File a complaint on ARN’s website.
Need help with your complaint?
Sometimes the municipal consumer advisor can help you file a complaint with ARN.
Resolve the dispute in court
You can also resolve your dispute with the company in court. You need to pay an application fee and may also need to pay court costs.