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 strong personal attributes 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. This needs to be handled according to the contract. When handling the fitness card, you must have informed the relevant regulations in advance, such as whether the card can be returned, whether it can be transferred, and the rights and obligations of both parties. If the regulations do not say that the card cannot be returned, you can complain to the merchant. If you don't say you can't turn, then turn. If it is stipulated that the card cannot be returned or transferred,

Legal basis:

People's Republic of China (PRC) Civil Code

Article 543 The parties may modify the contract through consultation.

Article 544 Where the parties have not expressly agreed on the contents of the contract modification, it is presumed that the contract has not been modified.

Article 545 Creditors may assign all or part of their 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.

Derivative problem:

What are the legal provisions for driving school refund?

1. If you don't attend the subject 1 training due to driving school reasons, and you don't arrange for students to attend the subject 2 training within 60 days after completing the subject 1 exam, you will get a full refund.

2. Students who have completed the exam of Subject 1 and have not participated in the training of Subject 2 for personal reasons will be refunded the training fee after deducting the textbook fee, science training fee and counseling materials fee.

3. If you have participated in the training of subject two and the training hours do not exceed one third of the total hours of subject two and the training period does not exceed 90 days, 50% of the training fee will be refunded.

4. If the training institution fails to arrange the trainees to participate in the training of subject 3 within 90 days after completing the examination of subject 2, 50% of the training fee will be refunded.

5. If the trainees have completed the training of subject 2 but not subject 3 for personal reasons, or if the time limit has exceeded for personal reasons, the fees will not be refunded.