The agreement that the fitness card cannot be returned is not an exemption clause, but an act that infringes on the rights and interests of consumers. The services agreed between consumers and gyms are not special goods and services, and should follow the rules that operators should bear the responsibility for replacement and return. Because personal fitness involves the contractual nature of personal rights, it is not an enforceable contract. The fitness service contract formed between consumers and gyms has strong personal attributes and does not belong to the contract that can be enforced; The refund of fitness card is not an unbreakable iron law. Even if the agreement signed with the gym indicates that it is not refundable, once it is sold, the fee will not be refunded, and other similar terms can be deemed invalid.

Gym is non-refundable, and the rights protection methods are as follows:

1. negotiation: both parties to the contract reach a settlement agreement through negotiation;

2. Mediation: the intervention of the third party urges the parties to understand each other and reach a settlement agreement, thus solving the dispute;

3. Arbitration: an arbitration clause concluded by both parties in the contract or an arbitration agreement voluntarily reached by a third party;

4. Litigation: Disputes between the parties shall be settled through litigation.

To sum up, the recharge service of the gym can be refunded, and the non-refund clause agreed between the gym and the consumer is invalid, so if the gym does not refund, you can defend your rights according to the above sharing.

Legal basis:

"People's Republic of China (PRC) consumer protection law" article twenty-fourth.

If the goods or services provided by the business operators do not meet the quality requirements, consumers may return them in accordance with the provisions of the state and the agreement of the parties, or require the business operators to fulfill the obligations of replacement and repair. If there is no state regulation and agreement between the parties, consumers can return the goods within seven days from the date of receipt; After seven days, consumers who meet the statutory conditions for terminating the contract can return the goods in time. If it does not meet the statutory conditions for terminating the contract, it may require the operator to fulfill the obligations of replacement and repair. Where goods are returned, replaced or repaired in accordance with the provisions of the preceding paragraph, the business operator shall bear the necessary expenses such as transportation.

Article 25

There is no reason to return it. Where an operator sells goods by internet, television, telephone or mail order, consumers have the right to return the goods within seven days from the date of receipt, without giving reasons, except for the following goods:

(1) ordered by consumers;

(2) Fresh and perishable;

(3) Digital commodities such as audio-visual products and computer software downloaded or unpacked by consumers online;

(4) newspaper delivery.

In addition to the goods listed in the preceding paragraph, other goods that are not suitable for return according to the nature of the goods and confirmed by consumers at the time of purchase are not returned without reason.

The goods returned by consumers shall be in good condition. The business operator shall refund the commodity price paid by the consumer within seven days from the date of receiving the return. The return freight is borne by the consumer; Unless otherwise agreed between the operator and the consumer, such agreement shall prevail.