Learn how to protect yourself when joining a health studio or gym.

Under Florida's Health Studio Act, health studios (gyms) are required to register with the Florida Department of Agriculture and Consumer Services (FDACS). In addition, some health studios must post security for a limited time. By requiring health studios to provide a bond or other financial security, FDACS can provide some financial protection to members of a health studio that closes unexpectedly. The funds can then be used to compensate members who purchase long-term contracts.

View a list of health studios that are exempt from the law. 

Know Your Rights Under the Health Studio Act

You have the following rights when dealing with health studios. By law, health studios must:

• Notify you each time the studio changes owners, corporate control or management.
• Post their certificate of registration in a visible location within the business.
• Include their registration number in all contracts and advertisements.
• Refrain from offering a lifetime membership. This type of membership has been prohibited since 1979. Contracts signed prior to that date are binding on the original studio. If a studio has provided lifetime contracts and goes out of business, other health studios do not have to accept memberships of the defunct studio.
• Refund the unused portion of your membership funds within 30 days if you cancel your membership contract for any valid reason allowed under the law.

Under the law, if long-term memberships are offered, the contract must contain the following consumer protections:

• A provision allowing the contract to be canceled within three business days, excluding weekends and legal holidays. 
• A provision that if the studio goes out of business or moves more than 5 driving miles from the present location, it will provide an alternate facility under the same ownership at no additional cost. Otherwise, you have the right to cancel the contract.
• A provision that if you die or become physically unable to use the facilities, the contract can be canceled and a refund issued for the unused time.
• A provision advising you to contact FDACS for information within 60 days should the studio go out of business.
• The contract may not obligate you for a period longer than three years, although it may provide for annual renewal.
• If the health studio is not required to post security, the contract must include a disclosure statement advising you of that fact and of the risks of paying for more than one month in advance.

How to Protect Yourself When Joining a Health Studio

Consumers should ask the following questions before signing a membership contract:

• Is the health studio registered and bonded with FDACS? To find out, use our Business License Lookup or call 1-800-HELP-FLA (435-7352).
• What does the health studio have to offer? Be certain that the health studio you select can fulfill your needs and provide a satisfactory environment.
• Are qualified staff present to instruct clients properly? There is no state licensing of instructors, so gauge their qualifications before joining.
• How long after you join will the health studio's staff provide guidance? In some health studios, the sales staff may be more motivated to sign up new members than to provide continuing help to current clients.
• Will the health studio allow prospective members to exercise for at least a week on a trial basis, or are guests subjected to pressure from sales staff? Consumers should shop around and not feel pressured into joining on the spot.
• Who owns the health studio? Determine the ownership of the health studio by asking if it is a franchise or independently owned, and if it is in leased space or a company-owned building. A lease operation is much easier for a club owner to close and abandon.
• Does the health studio limit membership? Many clubs do not set a cap on the number of members, leading to crowding at certain peak times.

If a Health Studio Closes or Moves

If a health studio is out of business, you may cancel the contract by providing notice of cancellation to the health studio, in writing. If the contract is being financed, a copy of the cancellation letter should also be sent to the finance company.

If a health studio moves its facilities more than 5 driving miles away from the business location designated in its members’ contracts, the health studio has 30 days from the date it moves to designate for its members, at no additional cost, an alternate facility of equal quality located within 5 driving miles of the business location stated in its contracts.

If the health studio does not provide an alternate facility of equal quality within the 30 days after having moved, you may cancel your contract by notifying the health studio in writing. If the contract is being financed, a copy of the cancellation letter should also be sent to the finance company. You should not cancel your contract until 30 days have passed.

If the health studio has a security on file with FDACS and does not cancel the contracts or issue refunds, you may file a claim with FDACS. To file a claim, you must complete a Health Studios Claim Affidavit [ Adobe PDF Document ].

For claims to be considered, you must provide with the claim form:

• A legible copy of the contract and
• Proof of payment (i.e., credit card statement, health studio receipt, or front and back of canceled check).

File a Complaint

To file a complaint about a health studio, use our online complaint form or call 1-800-HELP-FLA (435-7352).