AS WE hear more and more about the benefits of exercise and maintaining an average weight in promoting good health, membership of a health and fitness club is becoming an increasingly popular part of many people's fitness regimes.

It is estimated that the private health club market is now worth more than £600 million.

People who sign up to join a fitness club are often required to sign very detailed contracts obliging them to make payments of several hundred pounds, or to sign a credit agreement to cover annual subscriptions.

York Trading Standards advises that it is essential that both the customer and the club are aware of their rights and obligations.

The Office of Fair Trading (OFT) has recently issued guidance to help health and fitness clubs get their contracts into shape, together with a leaflet designed to give practical help and advice on health and fitness club agreements to people thinking of joining one. This has been done because of concerns that some clubs were seeking to try to exclude liability for death or personal injury, or the loss or damage to members' property.

Also, it found that some contract terms were unclear about the minimum membership period and the notice period for cancellation, others were unclear about cancellation charges or the consequences of cancellation, and some clubs sought to make unrestricted changes to facilities.

The OFT has powers to prevent the use of unfair contract terms, and the regulations say that a consumer is not bound by a standard term in a contract with a seller or supplier, if that term is considered potentially unfair.

Existing members and anyone thinking of joining a fitness club or gym should contact City of York Trading Standards for a copy of the leaflet, Are They Fit To Join?, which will help understand fitness club's contracts and give an understanding of the main contractual commitments.

Clubs will find the OFT's guidance booklet will help them ensure contracts are both fair and clearly expressed. In this way, clubs and consumers will be sure their contracts are fit to sign!

For information on any consumer matter, contact trading standards on 01904 551562, fax 01904 551590, or call at 9 St Leonard's Place. Email tradingstandards@york.gov.uk

Updated: 09:29 Thursday, May 23, 2002