On November 5, the Shanghai Consumer Rights Protection Commission, together with the Shanghai Sports Bureau, the Shanghai Municipal Market Supervision Administration, and the Shanghai Fitness and Bodybuilding Association, jointly formulated the "Shanghai Sports Fitness Industry Member Service Contract Model Text (Draft for Comment)" (Hereinafter referred to as "Model Contract (Draft for Comment)").
Among them, the fitness card "seven-day cooling-off period refund" clause has sparked heated discussions among netizens.
The "Model Contract (Draft for Comment)" clearly stated: "Consumers can unilaterally terminate the contract and get a full refund within 7 days from the day after signing the contract, without opening a card to use the membership service. "
Screenshot of the official website of the Shanghai Consumer Protection Commission.
As the concept of national fitness gains popularity, more and more people are entering the gym.
However, since the fitness industry is mainly prepaid consumption mode, this also makes the gym a hardest hit area for impulsive consumption.
After spending a lot of money to get a card, they never went to the gym again-many consumers have had similar troubles.
Shanghai recommends a 7-day cooling-off period for fitness cards, which can protect the rights of impulsive consumers, avoid the overlord clause of some illegal businesses, and reduce corresponding complaints.
However, it is worth mentioning that Shanghai’s “seven-day cooling-off period refund” has a precondition of “use without a card”.
Once the consumer opens the card to enter the market, the membership period will be calculated directly, even if it is still within 7 days, the cooling-off period refund clause will no longer apply.
Data map: On September 2, local time, a gym in Queens, New York City, USA reopened.
Photo by China News Agency reporter Liao Pan
In fact, Shanghai is not the first city to propose a "7-day cooling-off period" for fitness cards.
On October 22, the Shenzhen Consumer Council advocated setting a cooling-off period for impulsive consumption in the fitness industry, advocating that the fitness industry "refund without reason for no consumption within seven days of payment."
It is reported that 10 fitness companies in Shenzhen actively responded to the call and promised consumers: "If you do not consume within seven days after payment, you can get a full refund" and "do not bundle private education services."
Undoubtedly, the "7-day cooling-off period" gives consumers a buffer period, and the fitness card that is applied on impulse will no longer have to be done on the knees.
Data map: A citizen exercises in a gym in Tengda Building, Haidian District, Beijing.
News Agency reporter Hou Yu
Compared with impulsive consumers, many consumers do have fitness needs, and they also have the financial ability to afford higher fitness expenses.
However, when these consumers want to terminate the service for various reasons, they will also be caught up in consumer disputes that "it is easy to apply for a card and it is difficult to return a card".
Xiao Wang, a white-collar worker in the office, once spent 9,500 yuan to purchase a two-year fitness card.
Soon after, he moved to a residence far away from the gym. The fitness card and the once lofty fitness plan were also "shelved."
When Xiao Wang negotiated a refund with the gym, he was rejected by the merchant for "personal reasons, no refunds".
In the end, he had to transfer the fitness card, which cost nearly 10,000 yuan, on the second-hand platform for a "fracture" price.
The contract text provided by a gym to reporters.
In the contract that Xiao Wang signed with the gym at the time, there were indeed related clauses such as "no refund".
Such an experience not only happened to Xiao Wang himself.
The reporter opened a second-hand trading platform, entered "fitness card" in the search bar, and instantly popped up a number of low-cost transfers of fitness card information.
The above prices are frequently discounted by 40% and 30%. Fitness cards worth a few thousand yuan can only be sold for a few hundred yuan. Few people care about it. There are also countless consumers who are arguing with the gym. The sad story of concession.
Among the reasons for the transfer are changes in work and residence, and there are also cases of giving up because of the fading of fitness enthusiasm. Ma Xiao, who lives in Chaoyang District, Beijing, belongs to the latter.
According to his own words, "How brave I was when I used to apply for fitness cards and fitness classes, but now I have to transfer them."
I wanted to listen to the good prospects that the fitness coach had planned for himself, Ma Xiao immediately bought 60 private lessons at a price of close to 20,000 yuan. For him who is still a working class, the money can only be installed by credit card. The method is repaid monthly.
What went against it was that Ma Xiao's steps to the gym became heavier and heavier, and eventually became a "guerrilla warfare" with fitness coaches. It was more difficult to fabricate excuses for skipping classes than to ask for leave from work.
In the end, Ma Xiao put his fitness card and personal lessons on the second-hand trading platform and transferred them at a price of less than five thousand.
But every month when the credit card reminds to repay, it can always remind him of this "chicken fly dog jump" fitness journey.
According to the reporter's understanding, the membership service contracts of most gyms on the market do not have a unified form, but most of them contain unreasonable regulations such as non-refundable card and non-refundable fees.
Even in a gym contract interviewed by the reporter, it is clearly stated that even if force majeure occurs, consumers are not allowed to claim refunds, or other compensation or compensation.
"Difficulty in refunding cards and fees" has always been the pain point and difficulty of prepaid consumption in the fitness industry.
During the epidemic, individual businesses closed their doors and ran away, causing collective complaints from consumers, further intensifying the conflict between gyms and consumers.
If things go on like this, it will inevitably reduce consumers' enthusiasm for the fitness industry and their willingness to consume.
Screenshot of "Shanghai Sports Fitness Industry Member Service Contract Model Text".
The "Model Contract (Draft for Comment)" formulated by Shanghai Municipality also provides detailed regulations on the liability for breach of contract and the termination of the contract.
In response to a member's initiative to cancel a contract that is normally performed, within the membership card membership period, after the consumer has paid a certain amount of liquidated damages, the prepaid balance can be returned according to the balance calculation formula.
Whether it is the "7-day cooling-off period" or the "refund of card refund" related regulations, while protecting the rights and interests of consumers, it also promotes the sound development of the fitness industry.
It is foreseeable that the traditional business model with the sales of membership cards as the main source of profit is no longer suitable for the current fitness market.
The rise of new fitness clubs and home fitness has put forward higher requirements for the operation of traditional gyms.
After all, the gym is also a kind of service industry. Instead of trying hard to sell cards, it is better to provide customers with high-quality and diversified services and build the core competitiveness of the brand.