When Carly, 26, moved 90 minutes away from her gym in Victoria, she knew she'd have to cancel her contract.
But she never expected that quitting would be so difficult, time-consuming and stressful.
"I had emailed them asking for a cancellation form, and they basically said to me, 'No, you've got to come in and fill out our form [in person]'," she says.
"I was like, 'Well, I actually can't do that because I live so far away from that gym [but] they just kept pushing it and pushing it."
Not only would Carly have to drive the three-hour round trip to the gym to cancel, but it would have to be during the gym's staffed hours, which clashed with her full-time job.
"They were sending me automated emails [saying] your account's overdue," she says.
"I was trying to save up money for a big trip and I had this money coming out that just wasn't necessary. It did stress me out.
"It was a good few months of this back and forth, and I [thought], 'Why does it have to be this hard?'"
It was only after she wrote a "huge email" to the gym, referencing her rights as a consumer, that it stopped pursuing her for payment.
Carly's experience appears to be a common one. Forums like Reddit are peppered with posts with titles like, "Moved out, cancelling gym impossible", "Trying to cancel a gym membership is like trying to leave the Mafia" and even "Can you cancel a gym contract by enlisting?".
So, why can it be so hard to quit a gym? And how does consumer law stack up against gym contracts?
A gym-obsessed nation
Gyms in Australia are big business.
According to financial comparison site Canstar, Australians spend an average of $744 a year on gym memberships.
Last year, the gym and fitness centre industry was worth $2.2 billion, with more than 7,000 facilities across the country.
But as the cost-of-living crisis takes its toll, research shows just about everyone is cutting back on expenses and costly gym memberships may well be included in the cull.
Deputy chair of the Australian Competition and Consumer Commission (ACCC) Catriona Lowe says part of easing the financial burden is being able to leave contracts and end recurring payments.
"We certainly know that consumers are counting every dollar at the moment and therefore are thinking carefully about what might once have been a core purchase and might now be a discretionary purchase," she says.
"It's really important for consumers to be able to manage their commitments in a way that works for them."
While a range of subscription services have come under fire in recent years, Ms Lowe says the gym and fitness centre industry is one of the sectors "of particular interest" to the ACCC at the moment.
"We do know that is an area that is very tricky for consumers," she says.
Deciphering the fine print
Catherine Miller, managing lawyer at the Consumer Action Law Centre, says difficulty quitting a gym usually stems from the terms and conditions of the contract.
That could include requiring the member to attend the gym in person to cancel, automatically rolling over memberships after a set period, or charging large cancellation fees, Ms Miller says.
But consumers can push back in some cases.
"There are laws called unfair contract term provisions under the Australian Consumer Law, and they apply when you've got a standard form contract – basically a contract that you're given by business [where] you don't get to choose the terms, you're just given it and told to sign it," Ms Miller explains.
A term can be unfair if it "causes a significant imbalance between the rights of the business and the consumer, and if it's not reasonably necessary for the legitimate business interests of the company".
If a business does include unfair terms in its standard form contracts, a court can void the conditions and, as of November last year, impose penalties.
Carly's case may well fall into this category.
"The business does need to know if you're cancelling the contract … but there's no particular reason really that you have to tell them in person; there are many different ways that you could communicate that to the gym," Ms Miller says.
"We'd argue it's not necessary to the legitimate business interests of the gym and it's causing this big imbalance in rights."
Ms Lowe says certain contract provisions in gym memberships ring alarm bells for the ACCC.
"One type of clause that we look at carefully is what's called a unilateral variation clause. That typically looks like, 'We can vary the terms of this contract at any time'," she says.
"Typically, a clause that is very one-sided in the way that it operates is a much greater risk of being an unfair term."
Tricky cancellation clauses are another sign that the contract doesn't balance the rights of the consumer and the business.
"There can be quite a difference between how easy it is to enter the contract, and how easy it is to cancel it," Ms Lowe says.
Other laws may come into play, like a new federal law currently in consultation, which would prohibit unfair business practices that aren't covered by existing consumer law.
States and territories also have their own specific laws regarding consumer protections for subscription services.
Knowing your rights
If you feel it's unnecessarily difficult to cancel your gym membership, Ms Miller says the first step is to look at the terms of your contract.
"What does it say about cancellation, about there being a minimum term? Are there any sections of the contract that could be used to say you've got a right to cancel?
"If there aren't, then you'd be looking at, what's the process that I'm supposed to follow? Are there any fees that are applicable?"
Ms Lowe suggests getting in touch with the gym, too.
"If you're not getting satisfaction, follow up that conversation in writing, and if you can refer to your legal rights in that correspondence, that's very useful," she says.
While some frustrated consumers might be tempted to simply stop payments to the gym – and they may in some cases be legally entitled to – this can backfire.
"The risk in doing it that way is that it can be alleged to be a breach of contract by the gym and that may expose the person to debt collection actions, so that is something to be wary of," Ms Lowe says.
Instead, she recommends complaining to your state or territory's Fair Trading agency, which can give you advice or assist in resolving the issue.
She also urges consumers to report their experiences to the ACCC.
"Whilst we can't assist to resolve individual complaints, we do very much value that sort of intelligence," she says.
"There are many, many enforcement actions that we've taken that have their foundation in complaints that have come to us from consumers."
Ms Miller would like to see gyms take more responsibility for doing right by their customers.
"It's really hard for members of the public to read the fine print – contracts are often very complicated and legalistic," she says.
"The onus should be on the business to make sure that when they're drafting a contract, it strikes a fair balance between the rights of the gym and the rights of the consumer."
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