Cancelling a gym membership in California: your rights

Contracts for Health Studio Services

Cal. Civ. Code §§ 1812.80–1812.98 (Civil Code, Division 3, Part 4, Title 2.5)

Change your mind after signing

Every contract must state that the buyer may cancel 'at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays' by mailing, emailing, or delivering a signed and dated notice saying the buyer is cancelling; the notice goes by first-class mail, by email from an email address on file with the studio, or in person to the name, address and email address printed in the contract (Civ. Code § 1812.85(b)(1)-(2)). Money paid must be refunded within 10 days after the studio receives the notice, except that the buyer pays for services received before cancelling (§ 1812.85(b)(5)). Until the studio complies with § 1812.85, the buyer may cancel the contract (§ 1812.85(b)(4)). Longer windows apply to bigger contracts: total payment of $1,500–$2,000 gives 20 days, $2,001–$2,500 gives 30 days, and $2,501 or more gives 45 days after the contract is executed; these longer windows do not apply to contracts under $1,500 (§ 1812.85(d)). On a cancellation the consumer is liable only for the pro rata portion of the total contract payment (including initiation fees) that was available for use (§ 1812.85(e)). For a facility not yet open, a consumer who paid money may cancel for a full refund until midnight of the fifth business day after the studio opens; refund within 10 days of receiving the notice (§ 1812.96(b)).

If you move away

Every contract must contain a clause providing that if the member moves further than 25 miles from the health studio and is unable to transfer the contract to a comparable facility, the member is relieved from paying for services other than those received before the move, and prepaid amounts allocable to services not taken are promptly refunded (Civ. Code § 1812.89(b)(1)). The contract may instead let the studio charge a predetermined fee of no more than $100, or no more than $50 if more than half the life of the contract has expired (§ 1812.89(b)(2)). The statute does not specify what proof of the move the studio may require.

If you become disabled or ill

Every contract must contain a clause providing that if, by reason of disability, the member is unable to receive all contracted services, the member is relieved from paying for services other than those received before the onset of disability, and prepaid amounts allocable to services not taken are promptly refunded; on request the studio must immediately refund the proportionate prepaid amount (Civ. Code § 1812.89(a)(1)-(2)). 'Disability' means a condition which precludes the buyer from physically using the facilities and which is verified by a physician (§ 1812.89(a)(3)). For installment contracts, the refund/relief allocation follows the formula in § 1812.89(a)(4).

If the member dies

The same clause covers death: the member and the member's estate are relieved from paying for services other than those received before death, and prepaid amounts for services not received must be refunded to the member's representative (Civ. Code § 1812.89(a)(1)-(2)).

How notice can be given

Whenever cancellation is authorized by the Health Studio Services law, the buyer may cancel 'in person, via email from an email address on file with the health studio, or via first-class mail' (Civ. Code § 1812.84(c)); the 5-business-day notice must be signed and dated (§ 1812.85(b)(1)). The statute does not require certified mail. It does not say a mailed notice is effective on mailing; the 10-day refund clock runs from the studio's receipt of the notice (§ 1812.85(b)(5)). The email-cancellation option was added by AB 2810 (Stats. 2016, ch. 189), effective January 1, 2017.

Limits on contracts

Term may not exceed three years, and payments or financing may not run past the contract term, except for valid outstanding amounts including a termination-notice period of no more than 30 days (Civ. Code § 1812.84(a)). The initial or minimum term must be disclosed in at least 14-point type above the signature line (§ 1812.84(b)). A contract may not require total payment above $4,400 (inclusive of initiation fees, exclusive of interest or finance charges) (§ 1812.86). Month-to-month contracts are not prohibited (§ 1812.98). Overlapping contracts between the same seller and buyer are treated as one contract (§ 1812.83). Services must begin within six months of the contract date; if the studio misses that timeline, the consumer may cancel with a pro rata refund (§ 1812.85(a)).

Other rules

Scope: a 'contract for health studio services' covers instruction, training or assistance in physical culture, body building, exercising, reducing, figure development or similar physical skills, use of the facilities of a health studio, gymnasium or similar facility, or membership in a club formed for those purposes. Excluded: professional services by persons licensed under Bus. & Prof. Code Division 2, instruction at schools operating under the Education Code, and diet-only programs not involving physical exercise (Civ. Code § 1812.81). The definition has no express exemption for nonprofits, YMCAs or public facilities (see openQuestions). Contracts must be in writing and a copy given physically or by email at signing (§ 1812.82). If the studio eliminates or substantially reduces facilities described in the contract, an ad for that location or a written offer, the consumer may cancel with a pro rata refund; temporary closures for reasonable repairs after reasonable notice, and reasonable changes to classes or equipment the contract reserved the right to make, do not qualify (§ 1812.85(c)). A contract that does not comply with the title is void and unenforceable (§ 1812.91); waivers are void (§ 1812.93); an injured buyer may sue, and judgment may be entered for three times actual damages plus reasonable attorney fees, but a seller may correct a noncompliance within 30 days after execution (§ 1812.94). Money for a not-yet-open facility must be held in trust unless bonded or the seller meets the large-operator exception (§ 1812.96). Legislative check (2025–2026 session, from the Legislature's official bill data): no chaptered bill amended §§ 1812.80–1812.98. AB 2402 (2026), which would have exempted 'multiservice health club studios' from the $4,400 limit in § 1812.86, was vetoed by the Governor on 2026-09-27. AB 483 (Stats. 2025, ch. 557) added Bus. & Prof. Code §§ 17800–17860, which for 'fixed term installment contracts' entered into or modified on or after August 1, 2026 require clear advance disclosure of any early termination fee and cap such fees at 30% of the total sum owed; whether this applies to a given gym contract has not been confirmed (see openQuestions).

Automatic renewal and online cancellation

Cal. Bus. & Prof. Code §§ 17600–17606 (Automatic Renewal Law), as amended by AB 2863 (Stats. 2024, ch. 515)

Yes. A business that lets a consumer accept an automatic renewal or continuous service offer online must let the consumer end it exclusively online, at will, without further steps that obstruct or delay, through a prominently located direct link or button (for example in the account, profile, or device or user settings) or an immediately accessible pre-formatted termination email; the business may require login or authentication for account holders, but a consumer who cannot authenticate online may cancel offline by another method (Bus. & Prof. Code § 17602(d)). Cancellation must be available in the same medium the consumer used to activate the service, or the medium the consumer usually uses with the business, including in person, by telephone, by mail, or by email (§ 17602(f)). The business must offer a toll-free number, email address, a postal address if it bills directly, or another cost-effective, timely, easy-to-use cancellation mechanism (§ 17602(c)(1)). If cancellation is by phone, calls must be answered promptly in business hours and a cancellation voicemail must be handled within one business day (§ 17602(c)(2)). Retention offers are allowed only if the consumer can still cancel, e.g. online with a continuously displayed 'click to cancel' link or button (§ 17602(e)). These current provisions (AB 2863) apply only to contracts entered into, amended, or extended on or after July 1, 2025 (§ 17602(j)); an earlier online-termination requirement has applied since July 1, 2018 (SB 313; date from secondary sources only).

The law covers businesses making automatic renewal or continuous service offers to consumers in California; 'continuous service' includes a paid subscription or purchasing agreement that continues until the consumer cancels, and free-to-pay conversions (§ 17601(a)). The exemption list in § 17605 (utilities and telecom franchisees, CPUC/FCC/FERC-regulated services, insurance entities, alarm companies, banks and credit unions, certain service contract sellers) does not mention gyms or health studios, so a gym membership that renews or continues until cancelled appears to fall within the law, but no court or Attorney General statement to that effect was checked. Other duties: clear and conspicuous terms and express affirmative consent before charging; a retainable acknowledgment explaining how to cancel; a notice 15–45 days before renewal for plans with an initial term of one year or more; notice 3–21 days before a free trial or promotional price of more than 31 days ends; 7–30 days' notice of a price change; an annual reminder for annual plans (§ 17602(a), (b), (g), (h)). The online-termination right applies to the automatic renewal or continuous service terms; 'the remaining provisions of the contract continue to be governed by all applicable laws and regulations' (§ 17602(d)(2)), so a fixed minimum term or other contract obligations are not automatically erased. Violations are not crimes but civil remedies are available; good-faith compliance is a defense (§ 17604). No 2025–2026 chaptered bill amended §§ 17600–17606 (checked against the Legislature's official bill data).

Good to know

California has both a gym-specific statute (Health Studio Services, Civ. Code §§ 1812.80–1812.98) and the general Automatic Renewal Law (Bus. & Prof. Code §§ 17600–17606). The gym-specific law has no 'online button' cancellation requirement; its cancellation methods are in person, email from the address on file, or first-class mail (§ 1812.84(c)), added by AB 2810 (Stats. 2016, ch. 189), effective January 1, 2017, and the contract must list the studio's mailing address and cancellation email address on the first page (§ 1812.85(b)(2)). The online 'click to cancel' requirement comes from the Automatic Renewal Law (§ 17602(d)), in its current form for contracts entered into, amended, or extended on or after July 1, 2025 (AB 2863). Statute text was read from the California Legislature's official bulk data (pubinfo_2025, law tables updated 2026-09-26) because the leginfo website blocked automated access; the leginfo URLs are given as the official citation pages.

Putting it in writing

Whatever the law says, a written notice you can prove is the safest way to cancel. A letter sent by USPS Certified Mail with a return receipt shows when your notice was mailed and delivered, and who signed for it.

Sources

1. Cal. Civ. Code § 1812.84 (California Legislative Information) (official, 2026-10-11)
2. Cal. Civ. Code § 1812.84(a): term limit (official, 2026-10-11)
3. Cal. Civ. Code § 1812.85(b)(1): required 5-business-day cancellation notice (official, 2026-10-11)
4. Cal. Civ. Code § 1812.85(b)(5): refund timing (official, 2026-10-11)
5. Cal. Civ. Code § 1812.85(d)(3): 45-day window for contracts of $2,501 or more (official, 2026-10-11)
6. Cal. Civ. Code § 1812.89(b): relocation clause (official, 2026-10-11)
7. Cal. Civ. Code § 1812.89(b)(2): permitted relocation fee (official, 2026-10-11)
8. Cal. Civ. Code § 1812.89(a)(3): disability definition (official, 2026-10-11)
9. Cal. Civ. Code § 1812.96(b): facility not yet open (official, 2026-10-11)
10. Cal. Civ. Code § 1812.94(a): damages (official, 2026-10-11)
11. California Legislature official bulk data (pubinfo_2025.zip, LAW_SECTION_TBL updated 2026-09-26): history note for Civ. Code § 1812.85 (official, 2026-10-11)
12. Cal. Bus. & Prof. Code § 17602(d)(1): online termination (official, 2026-10-11)
13. Cal. Bus. & Prof. Code § 17602(f): same-medium cancellation (official, 2026-10-11)
14. Cal. Bus. & Prof. Code § 17602(d)(2): rest of contract still governed by other law (official, 2026-10-11)
15. Cal. Bus. & Prof. Code § 17602(j): AB 2863 effective date (official, 2026-10-11)
16. Cal. Bus. & Prof. Code § 17605: exemptions (official, 2026-10-11)
17. AB 2402 (2025–2026), Health studio contracts: fee limits: multiservice health club studio: bill history (official, 2026-10-11)
18. AB 483 (Stats. 2025, ch. 557): Bus. & Prof. Code § 17820, early termination fee cap (official, 2026-10-11)
19. Inside Privacy (Covington): Updates to California auto renewal law take effect on July 1, 2018 (SB 313) (secondary, 2026-10-11)

This page explains the law in plain words. It is not legal advice and may not cover every case; laws change, so check the official text or ask a lawyer about your situation. CancelSent is not a law firm and does not give legal advice. We prepare, print and mail the letter you sign, as your mailing service. Whether and when a gym cancels depends on your agreement and the law where you live.