Fitness cards are generally transferable. If there is a clear agreement, the merchant can charge. If the specific amount is not specified, both parties can negotiate. However, it is certainly unreasonable if the fitness center does not allow card transfer or charge a huge fee for card transfer. This is a typical "overlord clause". If the merchant does not inform in advance to collect the "transfer fee" when handling the card, and there is no corresponding agreement in the contract, the industrial and commercial bureau can intervene. If the party providing the standard terms has the obligation to prompt and explain, it shall remind the other party of the terms that exempt or limit its liability, and explain them according to the other party's requirements. In other words, if the fitness center does not remind consumers of the existence of "transfer fee" when signing the contract, it will point it out when transferring the ownership, then this clause is invalid.

When the consumer transfers the fitness card to other consumers, the creditor shall notify the debtor of the transfer of rights. Without notice, the assignment is invalid to the debtor. However, if the fitness card is transferred to others, the consumer only needs to inform the transfer behavior to take effect, and the fitness club has no right to prohibit or restrict the right of consumers to transfer the membership card. Because the transfer increases the cost of materials and services for merchants, it is reasonable and legal for merchants to charge a certain fee, but the charging standard should not be too arbitrary. "If there is an agreement in advance, both parties should abide by it. If there is no compulsory charge, or the charge is obviously too high, consumers have the right to refuse and complain to the local industrial and commercial department.

Legal basis:

Article 24 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests: Operators shall not make unfair and unreasonable provisions to consumers by means of format contracts, notices, statements, store notices, etc. , or reduce or exempt its civil liability for harming the legitimate rights and interests of consumers.

Article 545 of the Civil Code:

A creditor may assign all or part of its creditor's rights to a third party, except in any of the following circumstances:

(a) according to the nature of the creditor's rights shall not be transferred;

(two) according to the agreement of the parties shall not be transferred;

(3) It shall not be transferred according to law.

If the parties agree that the non-monetary creditor's rights cannot be transferred, they may not confront a bona fide third party. If the parties agree that the creditor's rights are not transferable, they may not oppose a third party.

Article 546:

If the creditor transfers the creditor's rights without notifying the debtor, the transfer shall not be effective for the debtor. The notice of assignment of creditor's rights shall not be revoked, except with the consent of the transferee.

Article 547:

Where the creditor assigns the creditor's right, the assignee obtains the subordinate rights related to the creditor's right, except that the subordinate rights belong exclusively to the creditor. The transferee's acquisition of subordinate rights is not affected by the failure to go through the transfer registration formalities or transfer possession of subordinate rights.

Article 548:

After receiving the notice of assignment of creditor's rights, the debtor may claim the assignor's defense against the assignee.