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Cancelling a gym membership in Massachusetts: your rights

Checked October 11, 2026against 15 sources listed below

In short

  • The law says you can cancel within three business days after you get a copy of your contract or receipt, by written notice delivered in person or postmarked by certified or registered mail to the address in the contract, and you should include your membership card and contract papers; the gym must refund everything within 15 business days.
  • You or your estate may also cancel for death, a significant physical or medical disability lasting more than three months on a doctor's order, a move more than 25 miles from any club that would honor the contract, or if the club fails to open, closes, or substantially changes; the gym may ask for reasonable proof and may keep the value of the time you used.
  • Contracts may not run longer than 36 months.
  • Since September 2, 2025, an Attorney General regulation says a gym that charges you automatically must let you cancel at least as easily as you signed up; if you joined in person, it must offer cancellation online or by phone.
  • Cancelling an auto-renewal may stop the next renewal without ending a fixed-term commitment you already agreed to pay.
  • Outside these specific situations, your contract's own cancellation terms generally apply.

Contracts for health club services

Mass. Gen. Laws ch. 93, §§ 78–88

Change your mind after signing
Every contract must state that it may be cancelled within three business days after the buyer receives a copy of the written contract or a written receipt for payment (§ 81). The required contract notice says the written cancellation notice must be 'DELIVERED IN PERSON OR POSTMARKED BY CERTIFIED OR REGISTERED UNITED STATES MAIL' within three business days to the address specified in the contract. The notice must be accompanied by the contract forms, membership cards and any other evidence of membership. All money paid must be refunded within 15 business days of receipt of the notice, and any credit or loan agreement for the services is void and must be returned within that period (§ 81).
If you move away
Every contract must state that the buyer may cancel if he moves his residence to a location more than 25 miles from a health club operated by the seller or a substantially similar club that will accept the seller's obligation (§ 82). The notice wording the statute requires in contracts goes further and says 'If you move either your residence or your place of employment more than twenty-five miles' from any such club. The seller may require reasonable evidence of the reason for cancellation. The buyer may also cancel if the seller fails to open a planned club or location, permanently discontinues operation, or substantially changes the operation of the club or location (§ 82).
If you become disabled or ill
The buyer may cancel if significantly physically or medically disabled for a period in excess of three months; the required contract notice frames this as 'if upon a doctor's order, you cannot physically or medically receive the services' for more than three months. The seller may require reasonable evidence (§ 82).
If the member dies
In the event of the buyer's death, the buyer's estate may cancel the contract (§ 82).
How notice can be given
Cooling-off (§ 81): written notice delivered in person or by certified or registered U.S. mail to the address specified in the contract; the contract's required notice refers to notice 'postmarked' within the three business days. For death, disability, relocation and club-closure cancellations (§ 82), the statute requires the contract to allow cancellation and sets refund timing from 'the seller's receipt of such notice of cancellation', but does not prescribe a delivery method. The Attorney General's regulation 940 CMR 38.05 (effective September 2, 2025) separately requires a simple cancellation mechanism for recurring memberships (see autoRenewalLaw).
Limits on contracts
No contract may be measured by the buyer's life or run longer than 36 months; at expiration the seller may offer renewal for a period not exceeding 36 months. Payments or financing may not extend more than one month beyond the contract's expiration; installments must be substantially equal and no more frequent than monthly. A contract may not be assigned to another health club without the buyer's written consent, and may not cut off the buyer's claims or defenses (§ 80).
Other rules
Scope: 'contract for health club services' covers contracts whose primary purpose is the right to use a health club or instruction/training in physical fitness, including martial arts and self-defense; 'health club' expressly includes health spas, sports, tennis and racquet clubs, figure salons, gymnasiums, weight-control centers and martial-arts schools (§ 78). The statute itself lists no exemption for nonprofits or YMCAs. Refunds after a § 82 cancellation are due within 15 days of the seller's receipt of notice; the seller may keep the portion of the price for time the services were used and may demand the reasonable cost of goods and services consumed or retained, but never more than the full contract price (§ 82). Bonding: sellers must keep a surety bond per location ($25,000 for terms up to 24 months; $100,000 for terms over 24 up to 36 months) for the first five years of operation, filed with the Secretary of the Commonwealth, with a limited exception for certain weight-loss services (§ 79). Non-complying contracts are void and unenforceable; waivers are void (§ 85). Violations are unfair and deceptive practices under ch. 93A, enforceable by buyers and the Attorney General, with civil penalties up to $2,500 per violation (§§ 84, 86, 87). Outside these specific situations, ordinary cancellation is governed by the membership contract (subject to 940 CMR 38.05 for recurring/auto-renewing charges); the statute does not give a general right to cancel at any time.

Automatic renewal and online cancellation

940 CMR 38.05 (Attorney General regulation 'Unfair and Deceptive Fees', 940 CMR 38.00, issued under M.G.L. c. 93A, § 2; applies to acts or practices in force as of September 2, 2025)

Yes, for products with a 'Negative Option Feature' (automatic renewals, continuity plans, free-to-pay conversions). Sellers must provide a simple mechanism to cancel and 'immediately stop any recurring charges' that is at least as easy to access and use as the method used to sign up, and available at minimum through the same medium (Internet, telephone, mail, or in person). Internet sign-ups must be cancellable through the same website or app; telephone cancellation lines must be answered promptly during normal business hours; for IN-PERSON sales the mechanism must be available through the Internet or a telephone number, plus, where practical, an in-person method (940 CMR 38.05(3)). Enforcement date: September 2, 2025 (940 CMR 38.09).

'Product' expressly includes memberships and subscriptions (940 CMR 38.03), and the regulation lists no exemption for health clubs; the Attorney General's guidance names exemptions only for air carriers, certain securities, insurance and similar regulated sectors. Other duties: clear written disclosure before purchase of recurring charges and how to cancel; for Negative Option Features longer than 31 days, a written reminder 5-30 days before the cancellation deadline; for 31 days or shorter, notice at least as often as the consumer is charged (which may be a compliant bill or receipt) (940 CMR 38.05(2), (4)-(6)). The AG's guidance distinguishes installment obligations: cancelling a negative option feature does not necessarily void a commitment to pay for an already-agreed fixed term; it stops the next renewal. Separate bills to require online cancellation specifically for gyms (H.388, H.413, S.249; combined as H.4274 'An Act governing your membership in fitness clubs') were pending in the 194th General Court; H.4274 was in House Ways and Means as of the latest official page we could read (December 2025).

Good to know

Massachusetts has a dedicated health club statute (ch. 93, §§ 78–88) and, since September 2, 2025, the Attorney General's 940 CMR 38.05, which governs auto-renewing charges including memberships. The statute gives a 3-business-day cooling-off right (notice in person or by certified or registered mail, postmarked within the period, returning membership cards), plus cancellation for death, disability over three months on a doctor's order, a move of residence (the required contract wording also says place of employment) more than 25 miles from any club that will honor the contract, or the club failing to open, closing, or substantially changing. Refunds are due within 15 business days (cooling-off) or 15 days (other reasons), less the value of use. Under 940 CMR 38.05 a gym that signs members up in person must also offer cancellation online or by phone. The statute caps contracts at 36 months. A certified-mail letter is a method the statute names for the cooling-off right and also gives proof of mailing for other cancellation notices.

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. M.G.L. c. 93, § 81 Contracts for health club services; cancellation of contract; notice; refund (malegislature.gov; read via Internet Archive copy dated 2025-09-02 because the site would not load from our server) (official, 2026-10-11)
  2. M.G.L. c. 93, § 81 (refund timing) (official, 2026-10-11)
  3. M.G.L. c. 93, § 82 Cancellation after buyer's death or disablement; other reasons (read via Internet Archive copy dated 2025-09-02) (official, 2026-10-11)
  4. M.G.L. c. 93, § 82 (required ADDITIONAL RIGHTS TO CANCELLATION notice) (official, 2026-10-11)
  5. M.G.L. c. 93, § 82 (evidence and refund) (official, 2026-10-11)
  6. M.G.L. c. 93, § 80 Contracts for health club services; terms (read via Internet Archive copy dated 2026-07-13) (official, 2026-10-11)
  7. M.G.L. c. 93, § 78 Definitions (read via Internet Archive copy dated 2026-01-23) (official, 2026-10-11)
  8. M.G.L. c. 93, § 85 Void and unenforceable contracts (read via Internet Archive copy dated 2025-12-08) (official, 2026-10-11)
  9. 940 CMR 38.00 Unfair and deceptive fees, official PDF (Mass. Register #1543, 3/14/2025; mass.gov download read via Internet Archive copy dated 2026-04-01) (official, 2026-10-11)
  10. 940 CMR 38.05(3)(b)3 (in-person sales) (official, 2026-10-11)
  11. 940 CMR 38.03 Definitions (Product includes memberships) (official, 2026-10-11)
  12. 940 CMR 38.09 Enforcement Date (official, 2026-10-11)
  13. Massachusetts Attorney General, Guidance with respect to unfair and deceptive fees (940 CMR 38.00) (mass.gov; read via Internet Archive copy dated 2026-06-17) (official, 2026-10-11)
  14. Massachusetts Legislature, Bill H.4274 (194th), An Act governing your membership in fitness clubs (read via Internet Archive copy dated 2025-12-10) (official, 2026-10-11)
  15. BillTrack50, MA S249 (194th) Relative to the cancellation of gym memberships (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.