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OFT gets tough on unfair health club contracts
Health and fitness clubs could face court action and a fine if they continue to use unfair terms in their contracts says The Office of Fair Trading (OFT).
Many clubs are unaware they are breaching the Unfair Terms in Consumer Contracts Regulations 1999 and are risking enforcement procedures from the OFT.
To increase awareness of the regulations, the OFT has launched guidelines to the fitness market on unfair standard terms in club agreements. The guidance booklet details terms in health and fitness club contracts considered potentially unfair and gives examples of revised terms.
The launch follows almost 200 consumer complaints about such issues as unclear contract terms, cancellation rights, credit agreements and insurance cover.
Several clubs, including David Lloyd, Holmes Place, LA Fitness and Fitness First chains, have already been approached by the OFT and have subsequently changed their contracts to come within the Unfair Terms in Consumer Contracts Regulations. The OFT will be contacting another 20 clubs in the near future.
Deputy Director General of Fair Trading, Penny Boys, said: 'Clubs must ensure they comply with the Regulations. If they continue to use unfair terms, OFT will take enforcement action.
'This is, however, a last resort,' Boys explained. 'Our aim is to put the problem right before it gets to the stage of going to court. OFT's guidance will help health and fitness clubs avoid using unfair terms and consequently avoid future complaints.'
The OFT is also launching consumer leaflets giving practical advice to consumers on club agreements, which they hope clubs will display. For more information on the leaflet and the 'Guidance on unfair terms in health and fitness club agreements', visit www.oft.gov.uk or call 0845 7224499.