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 South Dakota, gym and health club contracts are subject to general contract law principles, which means they are generally enforceable if they are entered into freely and are not unconscionable. South Dakota does not have specific statutes that regulate the terms of gym and health club contracts as some other states do. However, the South Dakota Deceptive Trade Practices and Consumer Protection law (SDCL 37-24) provides some level of protection against deceptive or unfair practices, which could include certain terms in gym contracts. If a gym or health club contract includes provisions that are deceptive, misleading, or otherwise violate consumer protection laws, those provisions, or potentially the entire contract, could be deemed void and unenforceable. Consumers who believe their gym contract is unfair or deceptive may seek the advice of an attorney or file a complaint with the South Dakota Attorney General's Consumer Protection Division.