Cancelling a gym membership in Florida: your rights

Health studios (Florida Health Studio Act)

Fla. Stat. §§ 501.012–501.019 (contracts: § 501.017)

Change your mind after signing

Each contract for future health studio services paid in advance or in future installments must contain, in at least 10-point bold type near the signature line, a provision for penalty-free cancellation 'within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio', with a refund of all money paid, except that the studio may keep a pro-rated amount for the complete days that have passed (or the sessions already provided) since the contract was made. The refund must be issued within 30 days after the studio receives the notice.

If you become disabled or ill

The contract must allow cancellation if the buyer 'becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the contract until the time of disability'. The contract may require proof of disability; the law says disability sufficient to cancel is established if the buyer gives the studio a certification by a physician licensed under Fla. Stat. chapter 458, 459, 460 or 461, to the extent the diagnosis or treatment is within that physician's scope of practice. Refund = contract price divided by the number of weeks in the term, multiplied by the weeks remaining, issued within 30 days after the studio receives the notice of cancellation.

If the member dies

The contract must allow cancellation if the buyer dies, with the same pro-rated refund (weeks remaining) within 30 days after receipt of the notice. The contract may require the buyer's estate to provide proof of death.

How notice can be given

3-day cancellation: by 'mailing or delivery of written notice to the health studio'. For cancellation because the studio closes or moves, the contract must say notice of intent to cancel 'shall be given in writing to the health studio', and that notice automatically ends the buyer's obligation to any entity the contract was assigned to. For death or disability, the statute refers to 'receipt of the notice of cancellation' but does not prescribe a particular delivery method. Certified mail is not required by the statute.

Limits on contracts

The initial contract may not exceed 36 months and thereafter may only be renewable annually; a renewal contract may not be signed and paid for until 60 days or less before the previous contract expires. Studios may not represent a contract as a lifetime or perpetual membership. The buyer must receive a written contract with the studio's name, address and primary place of business, plus a copy of the studio's rules.

Other rules

Studio closure or move: the contract must allow cancellation and refund if the contracting location goes out of business, or moves more than 5 driving miles from the location in the contract and does not provide, within 30 days, a facility of equal quality within 5 driving miles at no additional cost. If the Department of Agriculture and Consumer Services (FDACS) determines a refund is due, it is pro-rated by weeks remaining, issued within 30 days after receipt of the notice; short closures for repair/renovation (up to 14 consecutive days on a sale, or 7 consecutive days, no more than twice a year) do not count as going out of business. Studios must also tell buyers to contact the department within 60 days if the studio goes out of business, and give buyers any required entry ID. Scope: a 'health studio' sells instruction, training or assistance in a program of physical exercise, or the right to use exercise equipment or facilities; individual personal trainers are excluded. Businesses may be declared exempt by filing an affidavit with FDACS: IRS tax-exempt nonprofits, gymnastics schools, golf/tennis/racquetball clubs without exercise equipment, dance/aerobics/martial arts programs without exercise equipment, certain country clubs, and employee-only facilities (§ 501.013, amended by ch. 2026-3 effective July 1, 2026). Studios must register each location with FDACS annually (§ 501.015) and, unless exempt, maintain $25,000 security (bond, letter of credit or CD) per location (§ 501.016); studios exempt from security must warn buyers in capitals that paying more than 1 month in advance risks loss of money if the studio closes (§ 501.017(2)). Violations are enforced by FDACS (administrative fines, injunctions; criminal penalties) under § 501.019. There is no statutory right to cancel because the member moves.

Automatic renewal and online cancellation

Fla. Stat. § 501.165 (automatic renewal of service contracts)

§ 501.165(2)(d) requires a seller whose service contract has an automatic renewal provision to 'allow the consumer to cancel the service contract in the same manner, and by the same means, as the consumer manifested his or her acceptance' (the section was last amended by ch. 2022-169). However, this subsection does not apply to a health studio as defined in § 501.0125, so it does not cover gym memberships sold by health studios.

Covers service contracts with automatic renewal provisions (renewal for more than 1 month that keeps the contract in effect more than 6 months after it began): clear and conspicuous disclosure, and for terms of 12 months or more renewing for more than 1 month, written or electronic notice 30–60 days before the cancellation deadline; a violation makes the automatic renewal provision void and unenforceable. Section 501.165(2)(e)4. expressly excludes 'A health studio as defined in s. 501.0125', along with financial institutions, insurers and certain utilities. No 2024–2026 amendment to § 501.165 was found (history ends with ch. 2022-169), and no Florida 'click to cancel' bill was found to have passed in the 2026 session.

Good to know

Florida regulates gyms as 'health studios' through FDACS registration, security (bond) requirements and mandatory contract clauses. The statute's member cancellation rights are: the 3-day cooling-off period, death, physical disability (physician certification), and the studio closing or moving more than 5 driving miles without an equal facility nearby. There is no statutory right to cancel because the member relocates, and Florida's general automatic renewal statute expressly excludes health studios. Complaints about health studios can be made to FDACS.

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. Fla. Stat. § 501.017 – Health studios; contracts (2026 Florida Statutes, Online Sunshine) (official, 2026-10-11)
2. Fla. Stat. § 501.017(1)(d) – death or disability (official, 2026-10-11)
3. Fla. Stat. § 501.017(1)(b) – studio closes or moves (official, 2026-10-11)
4. Fla. Stat. § 501.017(1)(e) – contract term (official, 2026-10-11)
5. Fla. Stat. § 501.0125 – Health studios; definitions (official, 2026-10-11)
6. Fla. Stat. § 501.013 – Health studios; exemptions (history: s. 23, ch. 2026-3) (official, 2026-10-11)
7. Fla. Stat. § 501.015 – Health studios; registration requirements and fees (official, 2026-10-11)
8. Fla. Stat. § 501.016 – Health studios; security requirements (official, 2026-10-11)
9. Fla. Stat. § 501.165 – Automatic renewal of service contracts (official, 2026-10-11)
10. Fla. Stat. § 501.165(2)(d) – same-manner cancellation (official, 2026-10-11)
11. Florida Department of Agriculture and Consumer Services – Health Studios (official, 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.