On April 1, the Beijing Municipal Bureau of Sports and the Beijing Municipal Administration of Markets formally released the "Beijing Sports Fitness Industry Prepaid Service Contract" model text, which included the "7-day cooling-off period for fitness card" clauses that had received much attention before .

　　According to the contract provisions of the model text, consumers and businesses have a cooling-off period of 7 days from the day after the signing of the contract.

During the cooling-off period, consumers have the right to unconditionally terminate this contract without issuing a card to use the fitness service, and the gym shall refund all the prepaid fees in a lump sum within 15 working days.

　　The establishment of this clause gives consumers the right to repent, and also avoids the impulsive consumption of "applying for a card is good for a short time, and it will be ashamed when it is done."

So what is the actual implementation of the "7-day cooling-off period" clause?

Data map: On January 1, 2021, the "seven-day cooling-off period for fitness membership card application" officially landed in Shanghai.

Photo by Kang Yuzhan

　　It is worth noting that this contract stipulating a "7-day cooling-off period for fitness card" is a model text.

Public information shows that the contract model text refers to a document with transactional function formulated in accordance with laws, regulations and industry transaction practices.

　　As a consumer, the reporter consulted the Sports Industry Development Department of the Beijing Municipal Bureau of Sports. The staff introduced that the model contract text is not mandatory, but a recommended text.

The interpretation of the "Beijing Sports Fitness Industry Prepaid Service Contract" released by the Beijing Municipal Bureau of Sports also wrote: "This contract is a model text for reference when signing a fitness prepaid service contract between consumers and operators. use."

　　Some lawyers also analyzed this issue to reporters: any contract formulation must respect the will of both parties.

In other words, whether the "7-day cooling-off period for fitness card" can be implemented depends on whether the gym agrees to set this clause.

　　The reporter randomly visited several gyms in downtown Beijing. Some of the gym staff said that there is currently no "7-day cooling-off period" in the store.

Once the fitness card is sold, it cannot be returned. If the consumer's fitness enthusiasm dissipates, the fitness card can be transferred to a non-member, but the gym will charge a portion of the handling fee.

　　There are also some gyms that say that consumers will set a two-week buffer period if they can’t exercise immediately after signing the contract.

However, the buffer period can only postpone the card issuance date and cannot be refunded.

　　When the reporter asked about the "7-day cooling-off period," a staff member of a gym directly stated: "No notice was received."

Data map: On September 2, 2020, a gym in Queens, New York City, USA reopened.

Photo by China News Agency reporter Liao Pan

　　At present, different gyms use different contract texts. These contracts are basically drafted unilaterally by gyms.

The lawyer said that if there is no violation of the law in the contract, the contract will be valid after the two parties sign the contract.

　　However, many consumers will not carefully check the specific terms of the contract when signing a fitness contract. This also makes some gyms add "no return or exchange" and "the final interpretation of the card belongs to the store" and other terms in the contract.

　　In response to this phenomenon, the lawyer told reporters that if there is a dispute between the two parties, there will be a clause in the contract that obviously aggravates the obligations of consumers. Although the contract is valid, the clause can be deemed invalid.

　　The "Beijing Sports Fitness Industry Prepaid Service Contract" model text not only sets a "7-day cooling-off period", but also clarifies specific matters such as contract termination, refunds, and liability for breach of contract.

It is undoubtedly of great significance to resolve consumer disputes caused by refunds.

Data map: On September 2, 2020, a gym in Queens, New York City, USA reopened.

Photo by China News Agency reporter Liao Pan

　　Although the model contract is not mandatory, the staff of the Sports Industry Development Department of the Beijing Municipal Sports Bureau said that some gyms have begun to use this contract.

　　When consumers sign a prepaid contract with a gym, the lawyer also suggests that consumers can require the gym to use a model contract.

"The terms in the contract can be negotiated by both parties. Now such a normative document has been issued to reduce disputes between consumers and businesses." The lawyer said.

　　For consumers, the "7-day cooling-off period for fitness cards" undoubtedly protects consumers' legitimate rights and interests to a certain extent.

But for the gym, setting this clause may affect the operation of the gym to some extent.

　　The director of a gym in Haidian District revealed to a reporter from Chinanews.com: “Customer refunds will affect sales assessments and also affect gym cash flow.” Because of this, some gyms are not very active in adopting the demonstration text. .

　　In some gyms without a cooling-off period, in order to avoid consumers' "three minutes of exercise", some businesses have launched services such as "free trial period" and "newcomer weekly card", giving consumers a buffer period for thinking and making decisions In a certain sense, it not only introduces its own services, but also gives customers more choices.

Data map: Citizens exercise in a gym in Tengda Building, Haidian District, Beijing.

News Agency reporter Hou Yu

　　One of the purposes of the "7-day cooling-off period for fitness cards" proposed by relevant departments is also to promote the healthy development of the fitness industry.

However, it should be noted that the "7-day cooling-off period" clause only applies to gym prepaid service transactions, and does not apply to private lessons and sports skills training.

　　However, many consumers buy valuable private lessons at the same time when they buy fitness cards, and some consumers even take out loans to buy lessons.

For this kind of situation, the more complicated and deeper prepayment model requires the relevant departments to issue more detailed guidance or regulations.

(Reporter Xing Rui)