Cancelling a gym membership in Indiana: your rights

Health Spa Services

Ind. Code §§ 24-5-7-0.1 to 24-5-7-18 (IC 24-5-7)

Change your mind after signing

Every contract must state, in at least 10-point boldface type, that it may be cancelled before midnight of the third full business day after the buyer signs it (IC 24-5-7-5(b)). 'Business day' means a day other than Sunday or a legal holiday (IC 24-5-7-1). The buyer cancels by written notice, in any form, delivered in person or mailed by certified or registered mail to the seller at the address in the contract. The notice must be accompanied by the membership cards previously delivered to the buyer (IC 24-5-7-5(c)). All money paid must be refunded within 30 days of receipt of the notice (IC 24-5-7-5(d)). A written copy of the buyer's cancellation rights must be given to the buyer when the contract is formed (IC 24-5-7-5(a)).

If you become disabled or ill

The contract must state, in at least 10-point boldface type, that the buyer or the buyer's estate may cancel if the buyer 'becomes totally physically disabled for the duration of the contract' (IC 24-5-7-6(a)(2)). The health spa may require and verify reasonable evidence of total physical disability. It may also require a physical examination by a doctor agreeable to both the buyer and the health spa, at the health spa's cost (IC 24-5-7-7). On cancellation the seller must refund within 30 days of receiving the notice, but may keep the portion of the total price representing services used or completed, plus expenses of up to 25% of the total contract price (IC 24-5-7-8(a)). The statute has no shorter-term or temporary disability right.

If the member dies

The buyer's estate may cancel if the buyer dies (IC 24-5-7-6(a)(1)). The health spa may require and verify reasonable evidence of death (IC 24-5-7-7). The refund is due within 30 days of receipt of the notice, less the value of services used plus expenses of up to 25% of the total contract price (IC 24-5-7-8(a)).

How notice can be given

For the 3-day cancellation, the statute says the buyer 'may cancel the contract by written notice, in any form, delivered in person or mailed by certified or registered mail to the seller at the address specified in the contract', with the membership cards enclosed (IC 24-5-7-5(c)). The chapter does not set a delivery method for cancellations for death, disability, facility relocation or closure under IC 24-5-7-6. Refunds are due within 30 days of 'receipt of a notice of cancellation' (IC 24-5-7-8(a)). The statute does not say whether mailed notice takes effect on mailing or on receipt.

Limits on contracts

No contract may require payments or financing over more than 36 months from the date it is entered into, and the term may not be measured by, or be for, the life of the buyer (IC 24-5-7-3(a)). The term may not exceed three years. A buyer may renew for additional periods, but the renewal price must be at least $24 per year (IC 24-5-7-3(b)). For an existing facility, services must begin within 45 days of the contract date (IC 24-5-7-4(a)).

Other rules

Scope: applies to contracts for 'health spa services' entered into after August 31, 1983, with a 'health spa', defined as any business entity, other than one exempt from taxation under Section 501 of the Internal Revenue Code, offering health spa services to the public. Tax-exempt nonprofits are therefore outside the definition. 'Health spa services' include instruction, training or assistance in physical culture, bodybuilding, exercising, reducing or figure development, use of a gymnasium or similar facility, or membership in a group formed to deliver those services (IC 24-5-7-1). Other cancellation grounds the contract must list: the facility moves more than five miles from the original facility (unless a facility with similar services operates less than five miles from the closed one and accepts the transfer), or the seller permanently stops operating (IC 24-5-7-6(a)(3)-(4)). If facilities or services in the contract stop being provided, the buyer may get a proportional refund or finish the contract at another location operated by or affiliated with the seller. For maintenance or repair closures this applies only after 30 continuous days, or 60 if the delay is beyond the operator's control (IC 24-5-7-16.5). Contracts at a planned facility are voidable if it is not available within 12 months (IC 24-5-7-4(b)), and the seller must file a $25,000 surety bond with the Secretary of State until services begin (IC 24-5-7-13 to -15). A buyer of a health spa facility takes on existing membership contract liability (IC 24-5-7-16). A non-complying contract is voidable at the buyer's option, but the seller may cure: the buyer may not sue for relief under the chapter unless, after written notice of the noncompliance, the seller fails within 30 days to notify affected buyers or fails to make its contracts comply (IC 24-5-7-10). Contracts made in reliance on willfully or fraudulently disseminated false or misleading information are void (IC 24-5-7-11). Waivers are void (IC 24-5-7-12). Violations are deceptive acts actionable by the Attorney General or a buyer under IC 24-5-0.5 (IC 24-5-7-17). We found no registration requirement for operating health spas in this chapter.

Good to know

Indiana's 3-day cancellation must be in writing and either delivered in person or sent by certified or registered mail to the address in the contract, and the statute says the notice must be accompanied by the membership cards. Indiana has no cancellation right for a member who moves. The relocation right applies only when the club itself moves more than five miles. The death and disability right requires total physical disability for the duration of the contract, and the club may keep the value of services used plus up to 25% of the total price for expenses. Outside these situations, ordinary cancellation is governed by the contract.

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. Indiana General Assembly, Indiana Code 2026, IC 24-5-7 Health Spa Services (official PDF from iga.in.gov; 2025 and 2026 editions compared and identical) (official, 2026-10-11)
2. IC 24-5-7-5(c), method of cancellation notice (official) (official, 2026-10-11)
3. IC 24-5-7-5(c), membership cards (official) (official, 2026-10-11)
4. IC 24-5-7-6(a), death, total disability, facility relocation, discontinuance (official) (official, 2026-10-11)
5. IC 24-5-7-6(a)(3), facility moves (official) (official, 2026-10-11)
6. IC 24-5-7-8(a), refunds and retained amounts (official) (official, 2026-10-11)
7. IC 24-5-7-3(b), contract term and renewal (official) (official, 2026-10-11)
8. IC 24-5-7-1, definition of 'health spa' (official) (official, 2026-10-11)
9. Indiana General Assembly, Indiana Code 2026, Title 24 section index (official JSON used by iga.in.gov), checked for automatic-renewal or subscription provisions; none found (official, 2026-10-11)
10. Indiana General Assembly, Indiana Code 2026, IC 24-5-0.5 Deceptive Consumer Sales (official PDF); text searched for renewal, subscription and cancellation terms, none found (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.