The agreement that the fitness card cannot be returned is not an exemption clause, but a violation of the Consumer Protection Law. The services agreed between consumers and gyms are not special goods and services, and should follow the rule that "the operator shall bear the responsibility for replacement and return". Moreover, because personal fitness involves personal rights, according to the nature of this kind of contract, it is not an enforceable contract. 、

The fitness service contract formed between consumers and gyms has a strong personal attribute and does not belong to the contract that can be forcibly continued to be performed; Refund of fitness card is not an unbreakable "iron law", even if the agreement signed with the gym indicates similar clauses such as "no card refund" and "once sold, the fee will not be refunded", it should be considered invalid. Before accepting the service, the consumer can request to cancel the contract and the gym will refund the corresponding service fee.

When consumers apply for a card, if they find that the merchant does not return the card, they can raise it with the merchant and negotiate with the merchant according to relevant laws and regulations. If negotiation fails, you can appeal to the administrative department for industry and commerce or the consumer association to avoid damage to your legitimate rights and interests.

Extended information: Article 26 of the Consumer Protection Law

Operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting operators' responsibilities, and aggravating consumers' responsibilities, by means of format clauses, notices, statements, shop notices, etc. , and shall not use format terms and use 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.

Article 48 A business operator who provides goods or services under any of the following circumstances shall bear civil liability in accordance with the provisions of other relevant laws and regulations, except as otherwise provided in this Law:) Deliberately delaying or unreasonably refusing consumers' requests for repair, rework, replacement, return of goods, replenishment of the quantity of goods, refund of payment for goods and services or compensation for losses.

References:

People's Republic of China (PRC) Consumer Protection Law Baidu Encyclopedia