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.

Legal basis: Article 10 of the Measures for Punishment of Infringement on Consumers' Rights and Interests (Order No.73 of the State Administration for Industry and Commerce): When an operator provides goods or services in advance, it shall clearly agree with consumers on the quantity, quality, price or expenses, time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability and other contents of the goods or services.

If the goods or services are not provided in accordance with the agreement, the agreement shall be fulfilled or the advance payment shall be returned according to the requirements of the consumers, and the interest on the advance payment and the reasonable expenses that the consumers must pay shall be borne. If there is no agreement on the refund, the refund amount shall be converted according to the calculation method beneficial to consumers.

If the business operator makes a reasonable request for refund to the consumer, and explicitly indicates that it will not be refunded, or fails to refund for more than 15 days from the agreed effective period, or the consumer makes a request for refund without the agreed time limit, it shall be deemed as deliberate delay or unreasonable refusal.