The gym private lessons must be used during the membership period?
Entering March, the temperature has risen, and fitness institutions have gradually entered the peak season. Many consumers choose to develop their bodies before the arrival of summer.
Recently, Ms. Jiang, a citizen of Chengdu, reported through the Chengdu Internet Administration and Social Appeals Platform that she wanted to continue the private lessons she had purchased after the Spring Festival, but found that because her membership had expired, the private lessons could not be continued.
Is it reasonable to separate the annual membership card from the private lessons so that private lessons can only be taken within the member’s validity period?
The market supervision department suggests that consumers can contact the territorial supervision office to coordinate and resolve when there is a cost dispute with a fitness institution.
●The client tells
Private lessons can only be given if the member is valid.
Ms. Jiang, who started working out in 2018, spent 1,200 yuan for five private lessons in the gym she frequented-Sao Tome Fitness Swimming (Dongcheng International Store) in July last year.
In February of this year, Ms. Jiang planned to go to the gym to increase exercise after the Spring Festival, but found that the personal lessons she purchased could not be used.
"I applied for a 30-month gym membership in 2018 at a time, and it expires in December 2020. When the membership card expires, the number of private lessons has not been used up. I think this is the overlord clause." Ms. Jiang told Reporter, the explanation given by the gym is that the premise of private lessons is that the gym membership is within the validity period.
Ms. Jiang introduced that after listening to the coach’s introduction on WeChat, she paid the course fees by transfer. During the communication between the two of them on WeChat, the coach did not mention to her the conditions for the private lessons. Sign a contract with the coach.
The gym explained to reporters that this gym acquired and integrated the original gym in 2019, so Ms. Jiang may not sign a contract when applying for a membership, but the validity of the membership card has always been a prerequisite for the effectiveness of private lessons.
"Our gym is a membership system, and private education courses are written off in the membership system, so only members who are valid can continue to take private education courses."
On the morning of March 24, the reporter came to Sao Tome Fitness Swimming (Dongcheng International Store). The person in charge of the personal training course told the reporter that there are currently two ways of buying time and buying times for private training courses.
"One is based on the number of years, the price of a one-year private education course is 38888 yuan, and you can come to private education as many times as you want in a year. The other is to buy the number of private lessons, but it needs to be used within the member’s validity period. ."
●Reporter Investigation
Has a gym
Private lessons and membership cards are not bound
The reporter contacted several popular fitness institutions in Chengdu, including gyms and fitness studios, through the review website. The payment methods for private lessons of these institutions are roughly divided into setting the validity of the membership card as a pre-condition, setting the validity period and per-time. There are three kinds of fees.
The reporter learned from a gym on Jiaozi Avenue that currently the gym charges according to the course stage, and it is necessary to renew the membership card before taking private lessons.
"Our rules have always been like this, and we will also make it clear to the students in advance that we think such rules are reasonable."
The person in charge of a gym in Oriental Hope Tianxiang Plaza told reporters that the validity of the membership card is indeed a prerequisite for the effectiveness of the private lessons, but “as long as you recharge the membership card for two years at a time, you can become our black gold member. Private lessons that have not been completed will not be affected by the membership period."
A gym in Binjiang Tianjie, Longhu, said that members can be separated from private classes, but private classes have time and area restrictions.
The reporter also learned that many smaller "fitness studios" on the market use the "no membership card" model. Students can directly purchase the number of private lessons, which are managed separately from ordinary members, but they also need to be within the validity period. Finished use.
● Lawyer's Statement
Read the content of the contract clearly before buying a course
Need to mediate and protect rights without notification
According to Xu Bin, a lawyer at Sichuan Junyi Law Firm, if the gym does not specify the terms of use of the private lessons when paying the fee, it is suspected that the overlord clause is an invalid constraint, and consumers can seek coordination and resolution through the market supervision department.
"For time-limited private lessons, fitness institutions need to fulfill their obligation to inform, and clearly inform consumers of the time conditions in the form of text or language."
Song Hongyu, a lawyer at Taihetai Law Firm, believes that consumers should pay attention to the content of the text when signing contracts with fitness institutions.
"If it is a text contract, standard terms are generally used. At this time, consumers need to pay attention to whether the terms of use are underlined or bolded. If the merchant clearly informs the terms of use, it is not considered a Bawang clause. If There is no obvious reminder that consumers can coordinate and safeguard their rights through the market supervision department." He said that if the two parties did not sign a contract or were only verbally restrained, the gym would need to show proof of fulfilling the obligation of notification.
Ms. Jiang told reporters that she did not sign a written contract with the gym when she paid the fee. She only had the payment record at that time, and she is currently awaiting coordination and processing.
●Industry Association
Attempt to introduce a third-party payment platform
The reporter learned from the Chengdu Sports Bureau that in accordance with the principle of "who approves and punishes", the coordination of the territorial market supervision and management department and the notification assistance of the territorial sports management department are indispensable.
"If there is a dispute between consumers and fitness organizations about costs, they can seek help from the market supervision and management department, and the sports management department will also assist in the coordination work."
The person in charge of the coordination department of the Taowei Road Market and Quality Supervision Bureau of Chengdu Chenghua District Market and Quality Supervision Administration told reporters that the current dispute between Ms. Jiang and the fitness organization has entered the stage of coordination.
"For this type of issue, we will first coordinate between the parties and the institution. At present, the fitness institution has not refused to refund. Next, Ms. Jiang can make an appointment with the fitness institution and proceed in the supervision office according to the prepayment dispute. Coordination. If coordination fails, it can only be handled in accordance with the "Consumer Rights Protection Law of the People's Republic of China" through judicial channels. However, judicial channels take a long time. We still advocate coordinated settlement of this type of dispute."
Zhang Wei, secretary-general of the Chengdu Leisure Fitness Service Industry Association, said that the Chengdu fitness industry is currently exploring the use of third-party platforms to reduce risks. Consumers can pass the fees to the third-party platforms, and the third-party platforms will pay the fees to the fitness institutions on schedule. This approach affects short-term cash flow to a certain extent, but in the long run it is beneficial to both fitness institutions and consumers.
Chengdu Commercial Daily-Red Star News reporter Zheng Ran and Wang Peizhe