Legal analysis: illegal. Gyms should ask for a refund according to actual performance. The annual gym card should allow consumers to go to the gym for a certain period of time. Suppose that the consumer gets a card from 65438+1 October1to 65438+February 3 1, then he can go to the gym during this whole period. If the consumer goes back on his word, for example, in June, he feels that he can't persist and doesn't want to practice, he can ask for a refund. The gym should refund the fee for the second half of the year. Of course, gyms can also deduct a certain penalty according to the contract, but after all, they have to return it, and they can't buy or sell fitness services in the second half of the year.

Legal basis: Article 566 of the Civil Code of People's Republic of China (PRC). After the termination of the contract, if it has not been performed, the performance shall be terminated; If it has been performed, according to the performance and the nature of the contract, the parties may request restitution or take other remedial measures, and have the right to claim compensation for losses. Where the contract is terminated due to breach of contract, the creditor may require the breaching party to bear the liability for breach of contract, unless otherwise agreed by the parties. After the termination of the main contract, the guarantor shall still be liable for the civil liability of the debtor, unless otherwise agreed in the guarantee contract.

Article 580 If one party fails to perform the non-monetary debt or the performance of the non-monetary debt is not in conformity with the agreement, the other party may request performance, except in any of the following circumstances: (1) it is legally or practically impossible to perform; (2) The subject matter of the debt is not suitable for compulsory performance or the cost of performance is too high; (3) The creditor fails to request performance within a reasonable time limit. In case of one of the exceptional circumstances specified in the preceding paragraph, the purpose of the contract cannot be achieved, the people's court or arbitration institution may, at the request of the parties, terminate the rights and obligations of the contract, but it does not affect the liability for breach of contract.