"Swimming and fitness, let's take a look. The discount is the biggest now, and if you miss it, wait another year..." It's the golden period for the gym to "discount" to attract customers.

Nowadays, more and more people realize the importance of health, but the frequent occurrence of fitness lawsuits is really persuading them to quit.

How should consumers protect their rights if they are in trouble when exercising?

　　Case 1

　　The selected personal trainer has been transferred several times

　　Mr. Li is a "novice" and he wants to ask a personal trainer to guide him in fitness.

After observation, he believed that Coach Wang's teaching attitude and method were the most suitable for him, so he signed up for Coach Wang's private teaching class and spent more than 20,000 yuan to buy dozens of classes.

However, Coach Wang sent him a message after taking him to practice a few times: "I'm sorry, I'm going to transfer to another store. I recommend other coaches to show you."

　　The new coach took Mr. Li several times. Mr. Li felt that the effect was not good and asked the gym to refund the private teaching fee.

The gym proposed a plan to replace other coaches, but Mr. Li did not agree: "Other coaches don't understand my fitness process and fitness needs, and the frequent change of coaches seriously affects the fitness plan."

　　After several unsuccessful discussions, Mr. Li filed a lawsuit and asked the court to order the termination of the private education contract and the gym to refund his remaining class fee of 14,000 yuan.

　　During the trial, the gym argued that the personal trainer service contract signed by Mr. Li clearly stipulated that the personal trainer can be adjusted, so the gym did not breach the contract.

If the consumer insists on cancelling the contract for his own reasons, the fee will not be refunded.

　　The court held that the personal trainer service contract requires consumers to participate in training, which is not suitable for compulsory performance.

　　☉ The judge reminded that private lessons cannot force students to perform

　　The level of fitness coaches varies, and beginners hope to invite an excellent coach to lead them to "start".

　　The judge said that as a special fitness service, private training requires students to have the willingness to participate and participate in the interaction in person, so it is personal and cannot be performed by others, let alone force students to perform.

　　The resignation and transfer of the fitness coach may affect the fitness plan of the students. If the students think that the replacement of the fitness coach will lead to the failure of their fitness goals, they can negotiate with the gym to terminate or change the contract. If the gym refuses to cooperate, they can request the court to make an order based on the actual situation. Terminate the contract between the parties.

　　Case 2

　　Two stores "running" one after another

　　"The discount on card renewal is the biggest now. If you apply for a three-year card, you can also get one year for free..." At the end of 2017, a gym staff member promoted the card to Xiao He.

　　Xiao He has been exercising in the gym for more than two years, so he spent more than 6,000 yuan to apply for a three-year card.

　　In June of the following year, the gym suddenly posted a notice that the store would be closed due to poor management.

　　Xiao He wanted to return the card, but the gym refused Xiao He's request for various reasons.

In the end, Xiao He could only choose to go to other stores in the gym to exercise.

However, it didn't take long for the store to stop operating suddenly, and the fitness company was empty.

After several pursuits to no avail, Xiao He sued the gym to the court, demanding the termination of the contract, and ordered the fitness company to return the remaining 5,500 yuan.

　　After hearing, the court held that Xiao He formed a service contract with the fitness company, and the fitness company failed to continue to provide services. Xiao He's request for a refund had factual and legal basis, and the court supported it.

　　☉ The judge reminds not to recharge in large amounts at one time

　　In recent years, gym "running" has occurred frequently.

The judge suggested that consumers should check the relevant qualifications of fitness companies online before applying for a card.

　　When applying for a card, consumers should choose a package with a shorter term and a moderate recharge amount, and do not recharge a large amount at one time.

　　If the gym "runs away", consumers can actively protect their rights by complaining to the Market Supervision Administration or filing a lawsuit in the court.

　　Case 3

　　I received the money but never opened

　　At the beginning of last year, Ms. Xiao was stopped by a salesperson of a "soon to open" gym near the company. The other party said that there are many types of gym equipment, as well as swimming venues, and the supporting facilities are very complete.

"It will open soon, no later than May 8th, and if you apply for a card now, you will be a 'founding member'. Not only will the discounts be great, but subsequent cards will be more favorable than ordinary members!" Under the strong recommendation of the sales staff, Ms. Xiao signed After signing the fitness membership agreement, a one-year fitness card was issued, which cost 3,000 yuan.

　　Soon May 8 arrived, but the gym did not open on time. Until July 8 of that year, the gym did not open for a long time.

　　"When will the door be opened?" Ms. Xiao asked many times about the opening time, but she has not received a positive response from the other party, and the negotiation of refunds has also been rejected.

In desperation, Ms. Xiao sued the gym to the court, requesting to cancel the contract and refund the card fee.

　　The court ruled in favor of Ms. Xiao's petition.

　　☉ The judge reminds that choosing a "new" gym can agree on liability for breach of contract

　　Before the new gym opens, it will generally attract customers by recruiting "founding members" and "pre-sale at a low price".

In this regard, consumers should be careful.

Consumers should specify in the contract the opening time of the gym, the facilities and services provided, and preferably agree on the business’s liability for breach of contract, such as what kind of responsibility the gym bears if it fails to open as scheduled, as the basis for future rights protection.

　　The judge said that if the gym does not provide fitness services, or the fitness services provided do not meet the contract, consumers have the right to terminate the contract and ask the gym to refund the card fee.

Our reporter Gao Jian correspondent Chen Yifan