Florida Consumer E-Newsletter
January 2008
Charles H. Bronson
Commissioner
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A Message from the Commissioner
Dear Friends:
The importance of maintaining a healthy lifestyle cannot be overemphasized and doing so tends to be high on most everyone’s list of New Year’s resolutions. As we attempt to adhere to those resolutions, a rigorous physical fitness regimen can be one of the most important components in achieving such goals. Many of Florida’s consumers use gyms, health clubs, or “health studios” for this purpose, and the Department of Agriculture and Consumer Services is charged by the Florida Legislature with regulating this industry.
Currently, there are more than 2,200 health studios registered with the Department. Consumers are strongly encouraged to take the time to check into an establishment prior to signing any contracts. Unfortunately, some are not always able to stay in business. If this circumstance should arise, consumers need to know what redress they have.
Remember, we're here for you. Our consumer hotline can be reached by calling 1-800-HELP-FLA (435-7352) if calling from within the state, 850-488-2221 from outside of Florida, or 1-800-FL-AYUDA (352-9832) en Español. We will answer any consumer related questions you may have or direct you to the most appropriate resource for assistance.
Sincerely,
Health studios have become increasingly popular as Floridians have become more fitness-conscious. Membership usually involves signing a contract, as well as paying dues and fees. Florida Law protects consumers by requiring the health studio to register with the Department of Agriculture and Consumer Services annually.
In the past, some of these establishments have gone out of business after collecting thousands of dollars in prepaid membership dues from consumers. Those that offer pre-paid memberships of more than 30 days must post a surety bond, letter of credit, or certificate of deposit. This security can be used to repay consumers whose health studio goes out of business and does not provide an alternate facility of equal quality within five (5) driving miles of the prior facility location. A health studio that has been operating continuously under the same ownership and control, at any Florida location for the most recent five (5) years and has a satisfactory consumer complaint history is exempt from the security requirements, but still must be registered with the Department.
Two of the biggest problem areas for consumers are contract disputes and billing issues, so take a moment to review these quick tips before joining a health studio:
- Call our consumer hotline at 1-800-HELP-FLA (435-7352), to make sure the health studio is currently registered, or if they are exempt from doing so. Additionally, check to see if any complaints have been filed against the health studio (if they do have complaints – how they have been resolved) and if the health studio has filed the proper security with the Department or if they are exempt from doing so.
- Try to avoid long term commitments until you have had a chance to use the health studio and feel comfortable it will meet your needs. While some studios won’t talk about monthly memberships, some will. Others may require a commitment for one year, but with no large up-front payment. Shop around and ask questions.
- If the health studio charges an up-front fee, it must be considered a “reasonable and fair service fee”, meaning no more than 10% of the total contract price. Service fees include, but are not limited to, registration fee, membership fee, and processing or startup fees.
- Some health studios ask you to join - and pay - the first time you visit and offer incentives like special rates to entice you to sign on the spot. It’s a good idea to wait a few days before deciding. Take the contract home and read it carefully. If you don’t understand something, ask for clarification before signing.
- Be aware that there must be a provision for the penalty-free cancellation (in writing) of the contract within 3 days, exclusive of holidays and weekends, of signing.
- The safest way to pay is with a credit card or by check each month. Setting up payment via electronic withdrawal from your checking account may lead to billing problems in the event of a dispute with the health studio.
- If you want to file a complaint against a health studio, you can file online at www.800helpfla.com, or call our consumer hotline at 1-800-HELP-FLA (435-7352) to have a complaint form sent to you via mail.
For more information on requirements of a health studio, please call our consumer hotline at 1-800-HELP-FLA (435-7352), and a consumer specialist will be happy to assist you. You can also visit us online at www.800helpfla.com.
Additional Resources
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The links below are for your information only. The goal of the Division of Consumer Services is to provide additional information to consumers. The Florida Department of Agriculture and Consumer Services does not review or confirm these sites for accuracy.
Florida Department of Agriculture and Consumer Services
Health studios have become increasingly popular as Floridians have become more fitness-conscious. Joining a health club usually involves signing a membership contract and paying dues and fees. Learn more...
Federal Trade Commission
Have you been tempted by ads for products promising quick, easy weight loss? Unfortunately, the products – whether a fad diet, fancy potion or funky machine – usually don't deliver on their promises. Learn more...
