Definition and legal classification of the fitness studio contract
A fitness studio contract is an agreement between a customer (member) and an operator of a fitness studio, which governs access to the studio’s facilities, classes, and services. Legally, the fitness studio contract is generally considered a so-called mixed-type contract containing elements of rental, service, and contract-for-work law. The primary legal provisions for classification are, in particular, §§ 305 ff. BGB (General Terms and Conditions), §§ 611 ff. BGB (law of services), and, where equipment and premises are provided, also § 535 BGB (tenancy law).
Characteristics of the fitness studio contract
Fitness studio contracts are usually concluded under standardized agreements (“membership contracts”). These typically contain provisions on contract duration, membership fees, termination rights, terms of use, contract extension, liability issues, and other conditions. The contract grants the member a right to use the agreed studio services within the contract period and obligates them to pay the agreed fees.
Contract structuring and main obligations
Contract conclusion
The fitness studio contract is formed by mutual declarations of intent (offer and acceptance). In practice, this usually occurs by signing a pre-formulated contract form on-site or online. According to § 312g para. 2 no. 9 BGB, for online contracts there is generally a statutory right of withdrawal under § 355 BGB.
Main and ancillary obligations
The main obligations for the studio are to provide the agreed facilities and services, while the member is obliged to pay the fee. Ancillary obligations include, among other things, the duty to instruct the member on the use of equipment and to ensure adequate hygiene and safety standards.
Term, extension, and termination
Contract duration and extension
Contract durations vary, usually between one month and up to 24 months. According to § 309 no. 9 BGB, consumer contracts with a term of more than two years may not be prolonged to the consumer’s detriment; and under the latest legal provision (as of March 1, 2022), automatic renewal is only permitted for an indefinite period with monthly termination rights. Agreed minimum contract periods remain unaffected, as long as these are lawfully structured.
Ordinary termination
Regular termination usually takes place with due regard to the contractual notice period. By law, the maximum notice period at the end of a contract is one month (§ 309 no. 9 BGB new version). After the minimum term has expired, the contract can be terminated with a notice period of up to one month.
Extraordinary termination
An important reason for immediate termination may include a permanent illness, pregnancy, or moving to another city, provided it is objectively unreasonable for the member to continue to use the studio. The legal basis for this is § 314 BGB. Appropriate proof (such as a medical certificate or registration certificate) may be requested, but must not present an unreasonable hurdle.
Withdrawal
For fitness studio contracts concluded outside of business premises or by distance selling, consumers generally have a 14-day right of withdrawal under §§ 355, 312g BGB. The studio must properly inform consumers of this right; if the notice is missing, the withdrawal period is extended.
General terms and conditions, price adjustments, and contract amendments
Application and review of general terms and conditions (AGB)
Fitness studio contracts are regularly concluded according to pre-formulated general terms and conditions (AGB). These are subject to scrutiny under §§ 305 ff. BGB. Clauses that unreasonably restrict the right of extraordinary termination for members or permit unscheduled fee increases without legitimate cause, for example, are invalid.
Fee increases
Price adjustment clauses are only effective if they are transparent and objectively justified, e.g., when operating costs have increased. Mere reference to general cost increases is not sufficient according to the highest court’s rulings. Members must have an extraordinary right of termination in the event of a notified fee increase (§ 309 no. 4 BGB).
Contract amendments
Contract amendments, unless agreed upon mutually, must comply with the applicable law and the review requirements of the general terms and conditions (AGB). Unilateral changes to services to the detriment of the member are generally not permitted.
Non-availability of services, closures, and fee reduction
Temporary closures
In the event of temporary business closures (e.g., during a pandemic), the member is entitled to refuse payment of fees for the duration of the closure. The right of use is a fundamental contractual basis (“Synallagma”). Offers by the studio to make up missed training time or to extend the contract are legally permissible, but not binding on the member.
Fee reduction in the event of defects
If the fitness studio has significant defects that materially impair its use, the member may reduce the fee appropriately under § 536 BGB. This assumes the studio is aware, or should have been aware, of the defect.
Data protection and contract termination
Data protection in fitness studio contracts
When concluding a fitness studio contract, members’ personal data is processed. The General Data Protection Regulation (GDPR) applies. The studio is obligated to inform members about the type, scope, and purpose of data processing, as well as the rights of those affected and to take appropriate protective measures.
Consequences of contract termination
With the effective termination of the contract, the mutual primary and secondary obligations come to an end. Outstanding claims, such as overdue fees, remain. Personal data must be deleted after statutory retention periods have expired.
Case law and consumer protection
Case law has established numerous consumer protection principles relating to fitness studio contracts. These include, in particular, the review of contract clauses, transparency requirements, and the possibility of extraordinary termination for valid reasons. Consumer protection is also reflected in the statutory provisions regarding contract term, termination periods, and information requirements.
Conclusion
The fitness studio contract is a contract type that is widespread in everyday life and features numerous legal particularities. Alongside the general rules of service contract law, numerous consumer protection regulations and recent developments in legislation and case law must be considered. Compliance with regulations regarding contract duration, termination, fee increases, and lack of availability is particularly vital for effective and fair contract performance.
Frequently asked questions
Can I terminate my fitness studio contract early?
A fitness studio contract is basically a so-called service contract (§§ 611 ff. BGB) and is therefore subject to the fixed contract period agreed upon. Under German law, however, there is the possibility to terminate such a contract extraordinarily if there is a valid reason (§ 314 BGB). A valid reason exists, for example, if the customer cannot reasonably be expected to continue the contract until the regular end. Recognized reasons include ongoing illness or pregnancy, a job-related move to a distant location, or the occurrence of a serious injury. In these cases, evidence, such as a medical certificate or an employer’s certificate, is usually required. The studio may not impose excessive demands on such evidence or make blanket refusals. Mere dissatisfaction with the studio or a change of personal intent does not constitute important grounds. Furthermore, for immediate termination, it is essential that it is declared without undue delay upon learning of the important reason; otherwise, the termination right may be forfeited.
Under what circumstances can a fitness studio demand fees during a temporary closure?
In the case of a government-ordered, temporary closure – such as due to pandemic measures – the operator generally cannot charge membership fees for the period of the closure. According to recent case law of the Federal Court of Justice (BGH, judgment of 04.05.2022, file no. XII ZR 64/21), the impossibility to provide services (§ 275 BGB) also results in the lapse of the payment obligation (§ 326 BGB). This means that members do not have to pay fees for the time they cannot use the studio, or they are entitled to a refund for fees already paid. The right to contract extension by the closure period is only available if contractually agreed or mutually arranged with the customer. Unilateral contract extensions by the studio are not permitted unless expressly agreed with the customer.
What applies with regard to the duration and extension of the contract?
Fitness studio contracts generally have fixed terms of six, twelve, or more months. After the initial contract period, they are often automatically renewed if not cancelled in time. Permissible contract durations and renewal periods have been refined by legislative changes in 2022 (§ 309 nos. 9a and 9b BGB). Since then, consumer contracts may only have an original maximum term of 24 months, and tacit renewals may only be for up to one month at a time if no timely cancellation was received. The notice period after the minimum contract period is at most one month. Older contracts concluded prior to the legislative change remain governed by the less strict rules that were in force at that time.
Can a fitness studio increase the fee during the contract period?
A fee increase during the valid contract term is legally allowed only if the contract contains a so-called price adjustment clause. Such a clause must be clear and transparent and must not unreasonably disadvantage the customer (§ 307 BGB). The clause must specify the conditions and extent of the fee increase precisely (e.g., only for increased costs and within reasonable limits). Unclear or incomplete price adjustment clauses are generally invalid, and fee increases based on these are not permitted. If such a clause is missing or invalid, the originally agreed fee remains binding for the contract period.
What rights do I have if the contract is transferred, for example, if the studio is sold?
If a fitness studio is sold to a new owner, the new owner assumes all rights and obligations under existing agreements with members, in accordance with § 613a BGB. For customers, nothing changes legally as a result of the change in operator; the new owner is bound to the existing contract conditions and may not implement unilateral changes. Under certain conditions, members may assert a special right of termination, particularly if the change in owner leads to significant changes in services or the studio is relocated to a place that is no longer reasonably accessible. Mere changes in the studio’s external appearance or management, however, do not justify extraordinary termination.
What happens if a member defaults on payment?
If a member falls into arrears with payment of the fees, the fitness studio has the right to send reminders and, if there are repeated reminders, to extraordinarily terminate the contract. This usually requires a substantial payment arrear (e.g., at least two monthly fees). A one-time default does not justify immediate termination. In addition, reminder fees or late payment interest may be charged if these are reasonable and regulated in the contract or in the general terms and conditions (AGB). In case of dispute, the studio may sue for outstanding payments, which could result in additional costs for the member. If, for example, insolvency is proven due to unemployment, an amicable solution, such as a deferral, can potentially be arranged.
Is there a right of withdrawal when concluding a fitness studio contract?
A right of withdrawal generally exists if the contract is concluded outside business premises, such as online, by telephone, or by door-to-door sales (§§ 312g, 355 BGB). In such cases, the customer can withdraw from the contract within 14 days without giving reasons. The studio is required to inform about this right of withdrawal. If the contract is signed on-site at the studio, there is usually no statutory right of withdrawal, only rights under ordinary contract law. If the withdrawal is declared within the time limit, any payments already made must be refunded and no additional fees may be charged.
