Trade and Industry on consumer rights

3 February 2009

The Office of Consumer Protection (OCP), within the Department of Trade and
Industry (the dti), has cautioned consumers who are planning to take up
membership with fitness centres, to be aware of their rights and to be cautious
of hidden consumer responsibilities and obligations in contracts, to avoid
becoming victims of unfair business practices.

This follows various complaints that the office continuously receive from
South African consumers, to the effect that fitness centres had made use of
pressure tactics to coerce consumers into entering long-term contracts. The
complaints also claimed that consumers were not informed whether membership
fees would be deducted on a once-off or monthly basis, and neither did the
contracts disclose the duration of the consumers’ commitment to the fitness
centre, with some contracts having been erroneously entered into for life.

Aubrey Mathope, from the Department’s Consumer and Corporate Regulation
Division (CCRD) says the regulation of fitness centres obliges gyms, sports and
fitness centres/businesses to incorporate payment options and a cooling-off
period in their membership agreements.

“The fitness centre contract should include the cooling-off period of no
less than five days, excluding the day of signing the contract, inclusive of
Saturdays, Sundays and public holidays; and the payment options available to
the consumer, whether payment in advance or monthly,” said Mathope.

He added that the regulation further prohibits the offering, selling or
renewal of membership agreements for periods exceeding three years, whilst the
unexpired period of the lease agreement is less than three years.

Consumers are advised to take their time to read contracts before signing
their rights away, to avoid contractual problems and legal concerns at a later
stage

Members of the public who wish to gain further information on fitness centre
contracts and businesses, or submit consumer complaints, should contact:
Aubrey Mathope
E-mail: aubreym@thedti.gov.za

Enquiries:
Sidwell Medupe
Tel: 012 394 1650
Cell: 073 522 6801
E-mail: MSmedupe@thedti.gov.za

Issued by: Department of Trade and Industry
3 February 2009