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Following OFT action, Fitness First revises membership agreements

OFFICE OF FAIR TRADING News Release (137/08) issued by COI News Distribution Service. 25 November 2008

Following concerns raised by the OFT, Fitness First, the UK's largest health club operator, has provided assurances and improved its membership agreements so that they are much clearer for consumers.

The OFT has worked closely with Fitness First after receiving complaints regarding a number of potentially unfair terms within its membership agreement. In particular, Fitness First has submitted undertakings to the OFT which show that its membership contract:

* will specify that members can cancel and receive some refund of fees during the minimum contract period if there are genuine medical reasons or if Fitness First is in breach of contract,

* contains much clearer terms relating to its acceptance of liability;

* makes clear that Fitness First is not offering credit to consumers; and

* is now much shorter and simpler and therefore easier for members to understand.

Fitness First is the largest health club operator in the UK with 183 clubs and 452,000 members. It is also the largest health club in the world with over 1.5 million members and 550 clubs. It offers several types of membership contract and also trades under the names Fitness First for Women, Fitness First Express, Fitness First Platinum and Kaizen.

Mike Haley, OFT Head of Consumer Protection, said:

'We have worked closely with Fitness First and are satisfied that consumers will find these new membership agreements much clearer and simpler to understand.

'The OFT will continue to protect consumers by working with business to address unfairness in consumer contracts.'

NOTES

1. The Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs) protect consumers against unfair standard terms in contracts they make with traders. The Office of Fair Trading, together with certain other bodies, can take legal action to prevent the use of such terms. The UTCCRs can protect consumers from terms that reduce their statutory or common law rights and from terms that seek to impose unfair burdens on the consumer over and above the obligations of ordinary rules of law.

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