Legal analysis: The creditor-debtor relationship between consumers and fitness centers has been formally established since the service contract was concluded. Consumers have the right to use the venue of the fitness center and get professional guidance, and the fitness center has the obligation to provide fitness-related services to consumers. 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 agreement signed between the fitness club and its members infringes the rights and interests of consumers, consumers can safeguard their own interests through legal means. Therefore, the consumer's transfer behavior does not need the consent of the fitness center, but only needs to be informed of the transfer behavior, and the fitness center has no right to prohibit or restrict the consumer's right to transfer the membership card. Moreover, the transfer of rights by consumers does not increase the obligations of obligors, and they should be allowed to enjoy the right of free transfer. The agreement between a fitness club and its members is a contractual relationship. Whether the fitness card can be transferred or not, as well as the collection of the transfer fee of the fitness card, depends on whether it meets the provisions of the agreement between the two parties. If the fitness center does not allow card transfer or charge huge card transfer fees, it is a typical "overlord clause", which has seriously violated the legitimate rights and interests of consumers. Because, after handling the membership card, the cardholder enjoys the right to enjoy the service, including the cardholder's right to transfer the card. As volunteers, the fitness center only needs to provide corresponding services according to the requirements of the right holders.
Legal basis: 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 of the Civil Code: If a creditor transfers his 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.