Where the creditor transfers its rights, it shall notify the debtor. If the agreement signed between the fitness club and its members infringes on 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 ground

Article 10 and Article 24 of the NPC Standing Committee's decision on amending the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests are changed into Article 26, and one paragraph is added as the first paragraph: "Operators who use standard clauses in their business activities shall prompt consumers about quantity and quality, price or expenses, time limit and method of performance, safety measures and risk warning, after-sales service, civil liability and other matters related to consumers' vital interests. Paragraphs 1 and 2 are renumbered as paragraphs 2 and 3, and amended as: "Operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, lightening or exempting operators' responsibilities, and aggravating consumers' responsibilities, by means of format clauses, notices, statements, shop notices, etc. , shall not use format terms and technical means to force transactions. "Format terms, notices, statements, shop notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid. "