Gym and health club contracts are notoriously stringent and difficult to break, and have often been the subject of class action lawsuits and other litigation. But like other properly-executed contracts, gym and health club contracts are generally enforceable unless they are unconscionable as a matter of law (this is rare) or include provisions that are prohibited by law. Most states have specific laws (statutes) that limit the terms that may be included in gym and health club contracts—and if such a contract does not comply with the state’s laws, it is likely void and unenforceable—at least in part.
In Delaware, gym and health club contracts are regulated under the Delaware Health Spa Registration Act. This Act sets forth specific requirements and limitations for health club contracts to protect consumers. For instance, contracts cannot exceed a term of three years and must include a provision allowing for cancellation within three business days of signing. Additionally, the Act requires health clubs to provide a bond or other financial security to ensure refunds if the club closes or does not provide the promised services. If a gym or health club contract in Delaware fails to meet the requirements of the Act or includes prohibited provisions, it may be considered void and unenforceable. Consumers who believe their gym contract is unjust or does not comply with Delaware law may seek legal advice or contact the Delaware Division of Consumer Protection for assistance.