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Cancelling a gym membership in Kentucky: your rights

Checked October 11, 2026against 12 sources listed below

In short

  • The law says you can cancel a new health spa (gym) membership within 3 business days by written notice, and your notice counts if it is mailed or delivered by midnight of the third business day. You get back all money collected.
  • Kentucky law lets you cancel if you move 25 miles or more from the home listed in your contract and the gym can't offer comparable facilities within 5 miles of your new home. The gym may ask for proof such as a lease, deed or utility bill.
  • You may also cancel if death or a medical disability keeps you from using a substantial part of the gym for 30 or more consecutive days (your estate can cancel after a death). You may also cancel if the gym moves more than 5 miles from the location in your contract. Refunds are pro rata for the weeks left.
  • For those cancellations, the law says to send written notice by certified mail, return receipt requested, or by personal delivery to the address in your contract. The gym must pay any refund within 30 days after receiving it.
  • Gym contracts in Kentucky can't run longer than 36 months. If you joined online after January 1, 2024, the state's automatic-renewal law generally requires the business to let you cancel online.
  • Outside these situations, your contract's own cancellation terms generally apply.

Health Spas

KRS 367.900 to 367.930

Change your mind after signing
Every purchaser of a membership may cancel within 3 business days by notifying the health spa in writing by midnight of the third business day after buying the membership contract. 'Written notification is deemed given if mailed or delivered by midnight of the third business day.' All money collected under the contract must be refunded (KRS 367.910(3)). The required contract notice tells the buyer to mail the notice to the spa's address printed in the contract (KRS 367.910(7)).
If you move away
A member may cancel if they relocate 25 miles or more from the residence stated in the contract and the spa cannot provide comparable alternative facilities and services within 5 miles of the new residence. The spa may require written verification of the new residence, 'such as a lease, deed, or utility bill.' On written notice, the spa must pay a pro-rata refund: the contract price divided by the number of weeks in the term, times the weeks remaining (KRS 367.910(4)(c), (4)(a)). The refund covers only money actually paid by or for the member (KRS 367.910(4)(a)).
If you become disabled or ill
A member may cancel if, because of medical disability, they become unable to use a substantial portion of the facilities or services for 30 or more consecutive days. The spa may require an examination by a medical doctor agreeable to both, at the spa's cost (KRS 367.910(4)(a)). The required contract notice adds: 'In the event of medical disability, you must provide the spa with a doctor's statement' (KRS 367.910(7)). The refund is pro rata by weeks remaining, limited to money actually paid (KRS 367.910(4)(a)).
If the member dies
A member may cancel if, because of death, they become unable to use a substantial portion of the facilities or services for 30 or more consecutive days. Written notice may come from 'the representative of the member's estate', and the spa must pay the pro-rata refund (KRS 367.910(4)(a)). The required contract notice says 'Your estate may cancel in the event of your death' (KRS 367.910(7)).
How notice can be given
3-day cancellation: in writing, and 'deemed given if mailed or delivered by midnight of the third business day' (KRS 367.910(3)), so timely mailing is enough. Death, disability, relocation and spa-relocation cancellations: 'the member shall notify the health spa in writing, by certified mail, return receipt requested, or by personal delivery, to the address stated in the health spa contract' (KRS 367.910(5)). Refunds for these cancellations must be paid within 30 days of the spa's receipt of the notice (KRS 367.910(5)). If the member signed a credit or loan agreement with the spa, it must be canceled and returned within the same period (KRS 367.910(6)).
Limits on contracts
'No contract term shall exceed thirty-six (36) months from the date the contract is entered into.' A member may renew for additional terms, but no term may be measured by or last for the member's life (KRS 367.911(1)). Payments or financing may not run beyond 36 months from the contract date (KRS 367.911(2)). Each contract must be in writing, signed by the member, and be the entire agreement, and a completed copy must be given at signing (KRS 367.910(1)). A contract that does not comply with KRS 367.900–367.930 is 'void and unenforceable as contrary to public policy', and waivers are void (KRS 367.912). The health spa statute has no specific automatic-renewal provision.
Other rules
Scope: a 'health spa' is an establishment, other than nonprofit organizations as defined in 26 U.S.C. § 509(a), that provides for profit, as one of its primary purposes, services or facilities to improve physical condition or appearance through sports, fitness training, exercise or body building. That includes gyms, pools, tracks, ball courts, weight and exercise equipment, saunas, steam baths and whirlpools. Diet-counseling-only businesses are excluded (KRS 367.900(1)). A 'contract' can be oral or written (KRS 367.900(2)). Other cancellation rights: a member may cancel if the spa relocates more than 5 miles from the location designated in the contract, with a pro-rata refund (KRS 367.910(4)(b)). If the spa fails to open within 90 days of the first sale, becomes insolvent or ceases operation, all contracts are deemed canceled and pro-rata refunds are owed without any notice from members (KRS 367.910(4)(d)). Lenders and assignees holding a member's contract must honor cancellation rights and refund deadlines (KRS 367.913). Each location must register with the Attorney General's Office of Consumer Protection and post a surety bond of $10,000–$50,000 depending on the number of contracts. Spas that charge no initiation fee and never charge more than 31 days in advance are exempt from the bond (KRS 367.905, 367.906). A member who suffers a loss from a violation may sue for actual damages, and the court may award attorney's fees (KRS 367.930). Outside these statutory situations, ordinary cancellation is governed by the contract.

Automatic renewal and online cancellation

KRS 365.400 to 365.408 (2023 Ky. Acts ch. 81, SB 30, effective January 1, 2024)

Yes, for sign-ups made online, effective January 1, 2024 (for contracts entered into on or after that date). 'A business that allows a consumer to accept an automatic renewal or continuous service online shall allow that consumer to terminate the automatic renewal or continuous service offer exclusively online.' This may include a business-provided termination email the consumer can send without additional information (KRS 365.402(3)). Every business making these offers must also provide a toll-free number, an email address, a postal address (if it bills the consumer directly), or another cost-effective, timely and easy-to-use cancellation mechanism, described in the acknowledgment (KRS 365.402(2)).

'Automatic renewal' covers a paid subscription, membership or purchase agreement renewed for a subsequent paid term 'of more than one (1) month'. 'Continuous service' covers an agreement that continues for an indefinite term until the consumer cancels (KRS 365.400(1), (5)). Gyms are not among the exemptions, which cover utilities and franchised services, FCC/FERC/PSC-regulated services, insurers, service contract providers, banks, credit unions, savings associations, consumer loan companies, in-vehicle/roadside/travel subscriptions and solid waste services (KRS 365.404). The business must disclose the offer terms clearly before purchase, get affirmative consent before charging, send a retainable acknowledgment with cancellation information, and give notice of material changes (KRS 365.402(1), (4)). For a first violation, the business must give a prorated refund from the start of the most recent term. After that, the Attorney General may seek an injunction, restitution and penalties of up to $500 per violation (KRS 365.406). The law does not apply to contracts entered into before January 1, 2024 (KRS 365.408).

Good to know

Kentucky's health spa statute is one of the few that expressly names certified mail. For the death, disability, relocation and spa-relocation cancellations, notice must be sent 'by certified mail, return receipt requested, or by personal delivery' to the address in the contract, and refunds are due within 30 days of the spa's receipt. The 3-business-day cancellation is effective if mailed or delivered by the deadline. Contracts are capped at 36 months. Nonprofit organizations under 26 U.S.C. § 509(a) are excluded from the health spa definition. Kentucky's separate automatic-renewal law (since January 1, 2024) requires online cancellation where the membership was accepted online.

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. KRS 367.910 - Written contract; contents (Effective July 15, 1988) (official, 2026-10-11)
  2. KRS 367.910(5) - notice method and refund timing for additional cancellation rights (official, 2026-10-11)
  3. KRS 367.910(4)(c) - member relocation (official, 2026-10-11)
  4. KRS 367.910(4)(a) - death or medical disability (official, 2026-10-11)
  5. KRS 367.900 - Definitions (health spa; nonprofit exclusion) (official, 2026-10-11)
  6. KRS 367.911 - Term of contract (official, 2026-10-11)
  7. KRS 367.912 - Noncomplying contract void; waiver void (official, 2026-10-11)
  8. KRS 367.906 - Surety bonds; exemptions (Effective April 5, 2024) (official, 2026-10-11)
  9. KRS 365.402 - Automatic renewal and continuous service requirements (Effective January 1, 2024) (official, 2026-10-11)
  10. KRS 365.400 - Definitions for KRS 365.400 to 365.408 (official, 2026-10-11)
  11. 2023 Ky. Acts ch. 81 (SB 30) (official, 2026-10-11)
  12. 40 KAR 12:441 - Health Spas (registration regulation) (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.