Dear Mr Editor, 

It has been a healthy trend that nowadays more and more people are being concerned about their health. This is evident from the many fitness centres mushrooming in the country. These fitness centres provide strict exercise regime and the exercise sessions are well structures. Most of these centres do hire well trained and qualified instructors.

Some of them do have equipment of world class standards. With stiff competition, these fitness centres has designed various marketing tactics to increase membership. The most interesting tactic is by offering 1-2 years membership. Once they has convinced a prospective customer to subscribe to their membership, immediately a not more that 3-4 page contract is signed between both parties.

The problem which arises here is that the member is not allowed to cancel the agreement. There is no cancellation provision provided.This has led to many members being shortchanged. What happens if a member meets an accident or a member gets transfered to a different state and so on?

These members are forced to continue with their membership. Legal letter of demand is sent and proceedings are instituted against the member should the members fail to pay up the membership dues.

Although the Consumer Protection Act 1999 (CPA )does provide for cancellation of future contracts and the tribunals are empowered to cancel such contracts, these decisions may be overturned by the High Court via judicial review as the CPA is merely a suplementary Act and the main Act which governs contract is the Contract Act 1950.

The problem discussed here is merely confined to fitness centres but this problem effects many other areas such health centres. It is suggested that the authorities seriously looks into anacting the Unfair Contract Terms Act (UCTA) in order to protect consumers from unethical businessess.  

Darshan Singh

Manager

National Consumer Complaints Centre (NCCC)

1D, Jalan SS9A/17,47300 Petaling Jaya,Selangor

03-78779000 - tel