First, the membership card between you and the gym is essentially a contract. According to the contract, the gym has the obligation to provide fitness places and services, and you have the right to enjoy fitness services after paying the fees. Now the gym owner has run away. According to the relevant provisions of the contract law, it belongs to the gym breach of contract and needs to bear the corresponding liability for breach of contract;

Secondly, the gym runs away when it should provide you with services, and also charges you a high membership fee, which infringes on your property rights.

Finally, if you disclose your personal information to other gyms or institutions, it is a violation of your personal information rights. If you publish your membership registration photos for profit without your permission, the gym will infringe your portrait right.

1. Can I return my fitness card at will?

"It is not that consumers want to retreat, and operators must retreat unconditionally. The above two situations can be retired because the consumer did not sign the contract, did not exercise it, or the consumer was' opened', and the contract involved the overlord clause, which infringed on the legitimate rights and interests of consumers. " Lawyer John Young told Jim that under the normal operation of the merchant, if the consumer unilaterally requests to return the card for personal reasons, he can negotiate with the merchant according to the terms of the signed effective contract.

When consumers make prepaid consumption, they should do what they can, stay calm and rational, and avoid one-time high recharge; Before payment, it is necessary to sign a written agreement with the operator to clarify the rights and obligations, focusing on the details of the prepaid card, such as the amount, function, scope of application, validity period, refund conditions, liability for breach of contract, etc. In particular, termination of service and transfer restrictions. The verbal commitment to the merchant should be written into the agreement, and the bill should be asked in time after each consumption. Found violations, abnormal operation, timely complaints and reports to the relevant departments.

According to the mediator of Jiyuqiao Market Supervision and Management Institute, since last month, the institute has made full use of the rich resources of law firms in its jurisdiction to carry out "resident mediation" with law firms, and introduced consumer disputes with complicated situations and large amounts into the people's mediation mechanism, allowing more professional lawyers to intervene, promoting dispute resolution and contradiction resolution. Seven law firms have responded positively. The involvement of professional lawyers in consumer disputes not only helps consumers to protect their rights reasonably and legally, but also helps to create a good business environment.

2. Is the transfer fee of the fitness card legal?

Illegal. According to the relevant provisions of the Contract Law, 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 a consumer transfers the fitness card to other consumers, according to Article 80 of the Contract Law, if the creditor transfers its rights, it shall notify the debtor. 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.

3. Can I get a full refund if the fitness card is not activated?

The fitness card can be returned. After signing the contract, it is a service contract relationship, and both parties are bound by the contents of the contract. You can terminate the contract, and besides, members are not allowed to terminate the contract in advance for any reason "can be regarded as a standard clause, because it limits your main rights." This clause can also be understood as follows: No matter whether the service provided by the other party meets the standards or the agreement, it is stipulated that you have no right to raise objections and there is suspicion of forced consumption, you can bring a lawsuit to the court and ask the court to consider it as a format clause, which is invalid and requires you to return the unused money on the card.

Legal basis: People's Republic of China (PRC) Civil Procedure Law.

Article 6 The judicial power of civil cases shall be exercised by the people's courts. The people's courts try civil cases independently in accordance with the law and are not subject to interference by administrative organs, social organizations or individuals.

Article 7 In trying civil cases, the people's courts must be based on facts and take the law as the criterion.

Article 8 Parties to a civil lawsuit have equal litigation rights. When trying civil cases, the people's courts shall guarantee and facilitate the parties to exercise their litigation rights, and all parties are equal in the application of laws.

Article 9 In trying civil cases, the people's courts shall conduct mediation on the basis of voluntariness and legality. If mediation fails, a judgment shall be made in time.

Article 10 When trying civil cases, the people's courts shall practise collegiate bench, recusal, public trial and the second instance as the final instance according to law.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 144 A civil juristic act performed by a person without capacity for civil conduct is invalid.

Article 146 A civil juristic act by the actor and the counterpart with false intention is invalid. The validity of a concealed civil juristic act with false intention shall be handled in accordance with relevant laws and regulations.

Article 153 A civil juristic act that violates the mandatory provisions of laws and administrative regulations is invalid. However, unless mandatory provisions do not invalidate civil legal acts. A civil legal act that violates public order and good customs is invalid.

Article 154 A civil legal act in which the actor colludes with the counterpart in bad faith and damages the legitimate rights and interests of others is invalid.