Gym and fitness services

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. 

Right of withdrawal 

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.” 

Notice of cancellation period and commitment period 

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. 

Cancelling the contract 

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. 

Temporarily freeze your membership 

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. 

Changes to the range of services offered 

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. Further information is available in the section “Request the assistance of ARN if you can’t arrive at a mutually agreed solution with the company 

Price change 

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. 

Automatic contract extension or renewal 

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. 

Further information about automatic contract extensions 

Wellness allowance 

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. 

Further information about the wellness/fitness allowance is available on the Swedish Tax Agency’s website 

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.

Request the assistance of ARN if you can’t arrive at a mutually agreed solution with the company 

If a dispute arises between you and the company and you cannot reach a mutually agreed solution, you have the option of asking the National Board for Consumer Disputes (ARN) to become involved by filing a request for assistance with them.  ARN will assess your case and make a recommendation on how to resolve the dispute. Most companies follow ARN’s recommendations. There is no charge for having your case heard by ARN. A normal processing time is approximately six months.  

Requirements for ARN to be able to review your case  

• You have filed a complaint within one year from the date you first notified the company of the problem.  

• The amount you and the company are in dispute about is more then ARN's value limitations (different value thresholds apply for different fields).  

• The company has rejected your requests in whole or in part, or it has failed to respond to you.  

If you have not received a response from the company, 30 days must have passed before you can file a complaint with ARN. If you submit your complaint earlier, it will be automatically rejected. 

When you submit your complaint to ARN, you will need to describe the situation and exactly what you want from the company. You can send supporting documents such as e-mails, pictures contracts and other evidence. 

Submit an application on ARN’s website   

Would you like assistance in preparing your complaint?  

The municipality’s consumer adviser may be able to assist you in submitting a complaint to ARN.  

Your dispute with the company can also be taken to a district court by filing a lawsuit, but there will be costs involved in this. You will need to pay a filing fee and may also have to pay legal fees and court costs.