Difference between revisions of "Fitness Centres, Yoga Studios, and Other “Continuing Service Contracts”"

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{{REVIEWEDPLS | reviewer = [http://davisonnorth.ca/personnel/dean-davison/ Dean Davison], Davison North Law|date= January 2020}} {{Dial-A-Law TOC|expanded = consumer}}
Thinking of joining a fitness centre or yoga studio? Or taking other ongoing classes? Special rules apply to these types of contracts. Learn about these arrangements, including how to get out of them if you're not happy.


{{Dial-A-Law TOC|expanded = credit}}
==What you should know==
Under the law in BC, not all contracts are alike. If you enter into a contract, your cancellation rights depend on the type of agreement you made and the circumstances.  
===Special rules apply===
A service you get that that continues over time — like a gym membership or self-defence lessons — is legally different from a one-shot deal like a haircut. These agreements are called '''continuing service contracts''', and there are special rules for them.


==Understand your legal rights==
===The contract must include certain information===
When you sign up, make sure the contract has the following:


===In a future performance contract===
* the name, address, and phone number of the service provider — and the email address too if you bought online
Under the [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec17_smooth law in BC], an agreement where you don’t receive the goods or services immediately, or you don’t pay in full upfront, is a '''future performance contract'''. Examples include a contract for home repairs or a contract to join a fitness club. Special rules apply to these contracts. (A contract under $50 is not covered by these rules.)
* detailed information about the product
* the '''total''' price, with a breakdown of taxes and other charges
* your cancellation rights
* the amount due each payment period — weekly, monthly or whatever period is in play
* if it’s for classes, a description of when they will take place, and any details on missed or make-up classes


====Requirements for the contract====
===The contract can’t be for more than two years===
Under [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec19_smooth BC] [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec22_smooth law], a future performance contract must include this information: 
A continuing services contract '''can’t extend beyond two years'''. But it can include a section on renewals. If it does, you can renew by consenting in writing within one month of the contract’s expiry date.
*the supply date (the date the goods or services will begin to be supplied)
*the date when the supply of the goods or services will be complete
*the name, address and telephone number of the seller
*a description of the goods or services
*an itemized purchase price for the goods or services, including taxes and shipping charges, plus the total price under the contract
*a detailed statement of the payment terms


A future performance contract must be in writing and you must have signed it.
Be careful if they try to “automatically” renew your membership via ongoing credit card charges. Online companies with a subscription service (think: Amazon Prime, or Netflix) have contracts with automatic renewals. Bear in mind that since these companies have head offices outside of BC, and operate online, it can be difficult to enforce our laws against them.


====Cancelling the contract====
===You can cancel the contract during the cooling-off period===
You must be given a copy of a future performance contract within 15 days after you sign it.  
After receiving a copy of the contract, you have a 10-day '''cooling-off period''' to change your mind. You can back out ''for any reason'' during this time. The business must give you a full refund within 15 days.


If the contract you get doesn’t have all the information the law requires, you have up to a year to cancel it. [http://www.consumerprotectionbc.ca/ Consumer Protection BC]’s website includes [https://www.consumerprotectionbc.ca/consumer-help/need-to-cancel-a-contract/ cancellation forms] to complete and send to the business.  
Be careful with “free trials,” especially online. With these, you give your credit card info up front but aren’t billed until the trial period is over. The problem is, people are busy. We forget these dates. Business count on it! Studies show that almost half of all people who accept free trials forget to cancel before the auto payments kick in. Half! Don’t end up paying for something you won’t use.


===In a continuing services contract===
===You can cancel if there has been a material change in your circumstances===
Under the [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec17_smooth law in BC], a '''continuing services contract''' is a type of future performance contract where you receive services over a period of time, rather than all at once. The specific types of contracts falling within this definition are [https://www.canlii.org/en/bc/laws/regu/bc-reg-272-2004/latest/bc-reg-272-2004.html#sec2_smooth spelled out in a regulation]: fitness facilities such as gyms and yoga studios, self-defence studios, personal trainers, dance lessons, and travel club memberships.  
Even after the cooling-off period, you can still cancel one of these contracts if your circumstances have '''materially changed'''.


====Requirements for the contract====
What might this look like? Maybe:
A continuing services contract cannot be for more than 24 months.


The contract must include all the information required in a future performance contract (explained above). The contract also must state you have the right to cancel any time within the first 10 days.
* you broke your leg, so you can’t do a downward dog (or any pose, really) for several months, or
* you moved to Vernon from Vancouver, and don’t intend to commute five hours every Tuesday evening to enjoy that painting class.


====Cancelling the contract====
Tell them your reason for cancelling, and be prepared to provide proof (such as a doctor’s note, or a bill from your new address). You’re entitled to a prorated refund, and the business can charge you a reasonable admin fee to process the cancellation.
You may cancel a continuing services contract anytime within 10 days of receiving a copy of the contract. This is called the “'''cooling-off period'''”.
As well, you can cancel a continuing services contract at any time if there is a '''material change''' (meaning significant change) in the services provided or in your circumstances.  


For example, if you sign up for tango dancing lessons and the dance studio switches to offering only tap dancing classes, that is a material change in the services provided. You could cancel the contract.
We’ve covered a material change in your circumstances. What if the business changes things?


Or if you break your leg or you move more than 30 kilometers away from the dance studio, either is a material change in your circumstances. You could cancel the contract.  
Say the gym promises spin classes, but then cancels all of them. Or the yoga studio moves to Vernon, but you’re still living in Vancouver. In these circumstances, you can cancel and get a prorated refund.


In each case, you would have to prove the material change. For example, you would have to provide medical documentation showing why you can no longer participate in the activity, or show proof of your new address.
==Take action==


If you cancel because of a change in your circumstances, you can get a prorated refund based on how much of the service you’ve used, minus 30% to cover the business’ costs. If you cancel because of a change in the services provided, you can get a prorated refund without any deduction.
===Step 1. Do research===
Being a good consumer is equal parts proaction and measured reaction. (Sorry, that sounded like rocket science. It’s not.) The key thing is — be prepared, and be firm.


[http://www.consumerprotectionbc.ca/ Consumer Protection BC]’s website includes [https://www.consumerprotectionbc.ca/consumer-help/need-to-cancel-a-contract/ cancellation forms] to complete and send to the business. (You can use the cancellation forms for a future performance contract, as a continuing services contract is a type of future performance contract.)
Before you sign up for that great deal at the new fitness studio, read the fine print. Will the classes you’ve paid for in advance expire after a few months? Does the studio have a lot of negative online reviews?


===In a direct sales contract===
===Step 2. Be alert during trial periods===
Under the [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec17_smooth law in BC], a '''direct sales contract''' is one signed at a place other than the seller’s permanent place of business. This could be at your home, buying from a door-to-door salesperson. (Though note that if you, a relative or friend invite a supplier into your home more than 24 hours in advance, any contract you sign is not considered a direct sales contract.)
There’s plenty of competition out there. Businesses will try to woo you with extra perks and services, or give you a free trial.


====Requirements for the contract====
Again, read the fine print. After the trial ends, are you already committed to a one-year term? After the first month, do you have to pay more to access (let's say) the lockers, hot tub, and sauna? If it is unclear, ask. Do. Your. Homework.
Under [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec19_smooth BC law], a direct sales contract must include this information: 
*the supply date
*the place where the contract was signed
*the name, address and telephone number of the seller
*a description of the goods or services
*an itemized purchase price for the goods or services, including taxes and shipping charges, plus the total price under the contract
*a detailed statement of the payment terms


The contract must state you have the right to cancel any time within the first 10 days.
===Step 3. Keep the contract===
We’re increasingly paperless, but keeping contracts is important. Ask the business to email you a copy. Or take a phone photo of each page for future reference. That way, if things go wrong (or if the business can’t find a copy), you’ll have back-up.


The contract must be in writing and must be signed by you.
===Step 4. If you decide to cancel, be firm===
If you want to cancel because of a material change in your circumstances, or if you’re still within the 10-day cooling off period, first call the business or go in-person.


There is a limit to the down payment a seller can require in a direct sales contract. The down payment can not be more than $100 or 10% of the total price, whichever is less. For example, if a door-to-door salesperson comes to your home and sells you a vacuum cleaner, the salesperson cannot ask for a down payment of more than $100 or 10% of the total price, whichever is less.
Be firm, but polite. Explain why you’re cancelling. You may have to speak to a manager. Make sure you get confirmation in writing that they’ve accepted the cancellation and the amount they’re going to refund you (if you’ve pre-paid).


====Cancelling the contract====
===Step 5. Followup in writing===
You may cancel a direct sales contract any time within 10 days of receiving a copy of the contract. This is called the “'''cooling-off period'''”.
If the business continues to deny you a refund, write them a letter. Consumer Protection BC has a handful of handy templates: to cancel [https://www.consumerprotectionbc.ca/wordpress/wp-content/uploads/2017/06/Cont.-serv.-cancellation-within-10-days.pdf during the cooling-off period], [https://www.consumerprotectionbc.ca/wordpress/wp-content/uploads/2017/06/To-cancel-your-contract-because-of-your-change-in-circumstances-fill-out-this-form..pdf due to a material change for you], or [https://www.consumerprotectionbc.ca/wordpress/wp-content/uploads/2017/06/To-cancel-your-contract-because-of-changes-in-the-business-fill-out-this-form..pdf due to a material change for them].
If the direct sales contract does not include the information required under the law,  you have up to one year to cancel it.


If you don’t receive the goods or services within 30 days of signing the contract, you have up to one year to cancel. For example, if you don’t receive within 30 days a vacuum cleaner you paid for, you have up to one year to cancel. If the vacuum cleaner arrives after 30 days and you accept it, you lose your right to cancel the contract.  
===Step 6. Wait 15 days===
They have 15 days to give you a refund. If nothing happens by then, give them a call. Confirm they got your letter. Demand your refund.


[http://www.consumerprotectionbc.ca/ Consumer Protection BC]’s website includes [https://www.consumerprotectionbc.ca/consumer-help/consumer-information-door-door-sales/ cancellation forms] to complete and send to the business. 
===Step 7. Take to social media===
If the business still refuses to comply, take to social media to voice your concerns. Be accurate. Be truthful. (If you are not truthful online, you may expose yourself to being sued.) You may end up getting what you want. Companies are eager to protect their reputations.
===If you buy a time share===
A '''time share''' is a legitimate form of owning an interest in property. Often, the time share is for one week per year at a vacation resort. Typically, you go to a presentation, tour a condo unit, and then sign a contract. Before you sign anything, however, make sure the deal is right for you. Never sign a contract unless you understand it completely.


====Cancelling a time share contract====
==Who can help==
Under the [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-41/latest/sbc-2004-c-41.html#sec21_smooth law in BC], if you sign the time share contract in BC, you can cancel it within seven days. This applies whether the time share relates to property in or outside of BC. But — and this is very important — if you sign a contract outside of BC, for example in Mexico, for a Mexican time share, BC’s time share law '''does not apply'''. Instead, the contract will be controlled by the law of the country or province where you signed the contract.


==Common questions==
===Helpful agencies===
Is the business still denying your rights? If you need help with that or other consumer-related issues, consider getting in touch with the following agencies.


===Will I get my money back if I cancel?===
:'''Consumer Protection BC'''
If you cancel a continuing services contract or a direct sales contract within 10 days, you have the right to get a full refund within 15 days after cancelling — even if you’ve already received the goods or started using the service. Once you’ve received your money back, you must return the goods. And you must take reasonable care of the goods while you have them because you are responsible for any damage to them while you have them.
:Assists with some consumer problems and contracts. Includes online complaint form.
:Call 1-888-564-9963
:[https://www.consumerprotectionbc.ca/complaint-assistant/ Start a complaint]
:[https://www.consumerprotectionbc.ca/ Visit website]


===What happens if the seller doesn’t give me a refund?===
:'''Better Business Bureau'''
If you try to cancel a future performance contract, continuing services contract, or direct sales contract, and you don’t get a refund, check with [http://www.consumerprotectionbc.ca/ Consumer Protection BC] for [https://www.consumerprotectionbc.ca/consumer-help/need-to-cancel-a-contract/ more information] and possible options.
:Receives complaints about local businesses that are members.
:Call 1-888-803-1222
:[https://www.bbb.org/ca/bc Visit website]


==Get help==
:'''Competition Bureau'''
:Deals with complaints about false or misleading advertising.
:Call 1-800-348-5358
:[https://www.competitionbureau.gc.ca/ Visit website]


===Agencies that can help===
===Legal advice===
'''Consumer Protection BC''' provides assistance relating to certain types of consumer contracts in BC, including future performance contracts, continuing services contracts, and direct sales contracts.
Affordable legal help does exist. (To be fair, two of these are options for help, and the third — the online tribunal — is a low-cost path to bringing a legal action.)
:Toll-free: 1-888-564-9963
:Web: [http://www.consumerprotectionbc.ca/ consumerprotectionbc.ca]


The '''Better Business Bureau''' assists people in finding businesses they can trust.
:'''Lawyer Referral Service'''
:Web: [https://www.bbb.org/ca/bc bbb.org/ca/bc]
:Helps you connect with a lawyer for a complimentary 15-minute consult to see if you want to hire them.
:Call 1-800-663-1919
:[https://www.accessprobono.ca/our-programs/lawyer-referral-service Visit Website]


:'''Access Pro Bono's Free Legal Advice'''
:Volunteer lawyers provide 30 minutes of free legal advice to people with low or modest income.
:Call 1-877-762-6664
:[https://www.accessprobono.ca/get-legal-help Visit Website]


[updated October 2017]
:'''Civil Resolution Tribunal'''
 
:Resolve disputes of less than $5,000 online 24/7 (no need for a lawyer!).
'''The above was last reviewed for legal accuracy by [http://www.leighco.ca/wendy-andersen Wendy Andersen], Digby Leigh & Company.'''
:[https://civilresolutionbc.ca/ Visit website]
 
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Latest revision as of 05:13, 11 October 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Dean Davison, Davison North Law in January 2020.
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Thinking of joining a fitness centre or yoga studio? Or taking other ongoing classes? Special rules apply to these types of contracts. Learn about these arrangements, including how to get out of them if you're not happy.

What you should know

Special rules apply

A service you get that that continues over time — like a gym membership or self-defence lessons — is legally different from a one-shot deal like a haircut. These agreements are called continuing service contracts, and there are special rules for them.

The contract must include certain information

When you sign up, make sure the contract has the following:

  • the name, address, and phone number of the service provider — and the email address too if you bought online
  • detailed information about the product
  • the total price, with a breakdown of taxes and other charges
  • your cancellation rights
  • the amount due each payment period — weekly, monthly or whatever period is in play
  • if it’s for classes, a description of when they will take place, and any details on missed or make-up classes

The contract can’t be for more than two years

A continuing services contract can’t extend beyond two years. But it can include a section on renewals. If it does, you can renew by consenting in writing within one month of the contract’s expiry date.

Be careful if they try to “automatically” renew your membership via ongoing credit card charges. Online companies with a subscription service (think: Amazon Prime, or Netflix) have contracts with automatic renewals. Bear in mind that since these companies have head offices outside of BC, and operate online, it can be difficult to enforce our laws against them.

You can cancel the contract during the cooling-off period

After receiving a copy of the contract, you have a 10-day cooling-off period to change your mind. You can back out for any reason during this time. The business must give you a full refund within 15 days.

Be careful with “free trials,” especially online. With these, you give your credit card info up front but aren’t billed until the trial period is over. The problem is, people are busy. We forget these dates. Business count on it! Studies show that almost half of all people who accept free trials forget to cancel before the auto payments kick in. Half! Don’t end up paying for something you won’t use.

You can cancel if there has been a material change in your circumstances

Even after the cooling-off period, you can still cancel one of these contracts if your circumstances have materially changed.

What might this look like? Maybe:

  • you broke your leg, so you can’t do a downward dog (or any pose, really) for several months, or
  • you moved to Vernon from Vancouver, and don’t intend to commute five hours every Tuesday evening to enjoy that painting class.

Tell them your reason for cancelling, and be prepared to provide proof (such as a doctor’s note, or a bill from your new address). You’re entitled to a prorated refund, and the business can charge you a reasonable admin fee to process the cancellation.

We’ve covered a material change in your circumstances. What if the business changes things?

Say the gym promises spin classes, but then cancels all of them. Or the yoga studio moves to Vernon, but you’re still living in Vancouver. In these circumstances, you can cancel and get a prorated refund.

Take action

Step 1. Do research

Being a good consumer is equal parts proaction and measured reaction. (Sorry, that sounded like rocket science. It’s not.) The key thing is — be prepared, and be firm.

Before you sign up for that great deal at the new fitness studio, read the fine print. Will the classes you’ve paid for in advance expire after a few months? Does the studio have a lot of negative online reviews?

Step 2. Be alert during trial periods

There’s plenty of competition out there. Businesses will try to woo you with extra perks and services, or give you a free trial.

Again, read the fine print. After the trial ends, are you already committed to a one-year term? After the first month, do you have to pay more to access (let's say) the lockers, hot tub, and sauna? If it is unclear, ask. Do. Your. Homework.

Step 3. Keep the contract

We’re increasingly paperless, but keeping contracts is important. Ask the business to email you a copy. Or take a phone photo of each page for future reference. That way, if things go wrong (or if the business can’t find a copy), you’ll have back-up.

Step 4. If you decide to cancel, be firm

If you want to cancel because of a material change in your circumstances, or if you’re still within the 10-day cooling off period, first call the business or go in-person.

Be firm, but polite. Explain why you’re cancelling. You may have to speak to a manager. Make sure you get confirmation in writing that they’ve accepted the cancellation and the amount they’re going to refund you (if you’ve pre-paid).

Step 5. Followup in writing

If the business continues to deny you a refund, write them a letter. Consumer Protection BC has a handful of handy templates: to cancel during the cooling-off period, due to a material change for you, or due to a material change for them.

Step 6. Wait 15 days

They have 15 days to give you a refund. If nothing happens by then, give them a call. Confirm they got your letter. Demand your refund.

Step 7. Take to social media

If the business still refuses to comply, take to social media to voice your concerns. Be accurate. Be truthful. (If you are not truthful online, you may expose yourself to being sued.) You may end up getting what you want. Companies are eager to protect their reputations.

Who can help

Helpful agencies

Is the business still denying your rights? If you need help with that or other consumer-related issues, consider getting in touch with the following agencies.

Consumer Protection BC
Assists with some consumer problems and contracts. Includes online complaint form.
Call 1-888-564-9963
Start a complaint
Visit website
Better Business Bureau
Receives complaints about local businesses that are members.
Call 1-888-803-1222
Visit website
Competition Bureau
Deals with complaints about false or misleading advertising.
Call 1-800-348-5358
Visit website

Legal advice

Affordable legal help does exist. (To be fair, two of these are options for help, and the third — the online tribunal — is a low-cost path to bringing a legal action.)

Lawyer Referral Service
Helps you connect with a lawyer for a complimentary 15-minute consult to see if you want to hire them.
Call 1-800-663-1919
Visit Website
Access Pro Bono's Free Legal Advice
Volunteer lawyers provide 30 minutes of free legal advice to people with low or modest income.
Call 1-877-762-6664
Visit Website
Civil Resolution Tribunal
Resolve disputes of less than $5,000 online 24/7 (no need for a lawyer!).
Visit website
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