According to the Unfair Terms Commission, most gym contracts contain dozens of clauses that do not comply with the law.
When most people subscribe to a service, whether it’s a magazine, a streaming platform, or a mobile plan, they don’t always take the time to read their contract in detail. It must be said that the documents are often long, full of clauses, and written in language that is quite difficult to understand. However, it is important to take the time to carefully examine your contracts to avoid unpleasant surprises.
Indeed, this allows you to understand exactly what you are committing to, whether it concerns subscription conditions, additional costs or penalties in the event of termination. By reading the document carefully, you can also spot hidden or unfair clauses. This is precisely the role in France of the Commission for Unfair Terms (CCA), which reports to the minister responsible for consumer affairs. Its role is simple, it analyzes the standard contracts offered by professionals and identifies the clauses which could disadvantage consumers. Because any clause must in principle respect the legislation of the Consumer Code.
Recently, the Commission published a report on the unfair clauses which are integrated into the contracts of sports and fitness halls throughout the national territory. A total of 70 sports clubs were examined. And after analysis, 67 unfair clauses were identified. Most of them are not known to consumers even though they can be useful to them in many situations. One of the first clauses that is singled out by the CCA concerns the consumer’s image rights. In the contracts studied, it is often question “to prohibit the consumer from having a right to remuneration regarding the use of his image by the professional” And “to have the consumer transfer to the professional his image rights in an unlimited manner in time and without any restriction as to the nature of the means of distribution”, can we read in the report.
The Commission also notes as an unfair clause the fact “to exclude the liability of the professional for thefts committed inside the establishment” or “when the consumer is required to store their personal belongings in locked changing rooms or lockers, and to provide that these changing rooms or lockers are not subject to any specific surveillance”. Clearly, the professional makes the consumer believe that he has no responsibility if the latter’s belongings are stolen or are not monitored.
Third example: termination of the contract. Two clauses aim “to confer on the professional the exclusive right to interpret the elements which make it possible to grant or not to the consumer a suspension of the lucrative sports club contract” And “to prohibit the use of registered letters with electronic acknowledgment of receipt for the purpose of terminating the contract”. After its report, the Commission asked that these unfair clauses be removed from sports hall contracts.
As a reminder, according to article L. 212-1 of the Consumer Code, “A clause having the effect or purpose of creating, to the detriment of the consumer, a significant imbalance between the rights and obligations of the parties to the contract is classified as abusive.” Here is why, in the end, taking the time to read allows you to protect your rights and avoid certain inconveniences.
