Costco Connection - January 2013

■ CONSUMERconnection

Exercise your rights

Back!

©AMANDA HOROWI TZ MEDIA, LLC

David Horowitz is a leading consumer advocate. David’s daughter Amanda Horowitz is a consumer guide and the co-founder of fightback.com.

Email David and Amanda at info@ fightback.com.

IT’S A NEW YEAR, and that means gyms and health clubs are brimming with new members setting goals and resolutions. Joining a gym is a financial investment. Whether you’re brand-new to exercise or a fitness enthusiast, here are some facts you should know.

Getting the best deal. Gyms offer a variety of promotions throughout the year, so there’s not necessarily a best time of year to join. It’s not difficult to predict deal trends if you track a gym’s promotion patterns. The gym’s or its parent company’s anniversary date or the start of fall (typically a gym’s low season) may be a time when fees are reduced.

The contract. Gym contracts can be long and full of legalese. Before you sign one, read the whole thing and make sure you understand every clause. A contract is a contract, and you will be held accountable for what you sign. Many contracts are adhesion contracts, meaning the terms of the contract are “take it or leave it,” so there’s not wiggle room to omit a clause you don’t agree with. However, you can circle a particular clause, draw a line through it, write the word “no” by it in capital letters, and initial and date the area. Then sign the contract. Not all gyms will accept this, but it’s worth a try.

Initiation fees. Initiation or enrollment fees are one way the facility finances its daily maintenance and upkeep expenses. These fees are dependent on the types of amenities the facility offers. The higher the quality of the amenities, the higher the fees. Beware of $0 initiation specials. They may come with a laundry list of obligations and requirements, so make sure you understand them fully.

What to ask. We interviewed the manager of
a nationwide fitness chain who said prospective
members need to ask these questions: “Is the mem-
bership month to month or contracted?” “Will my
monthly rate go up?” “What comes with my mem-
bership?” “What access will I get to other clubs?”
“What is the parking situation?” “What happens if
the gym goes out of business?”
A sales representative of a national chain sug-
gested prospective members ask, “’Why should I

join here?” If the gym advertises “state-of-the-art equipment,” ask when the equipment was purchased, how it’s maintained and how often it’s updated. Take stock of the equipment yourself. You can tell by a machine’s durability and wear and tear how “state-of-the-art” it is.

Personal training. It can be difficult to know which personal-training certifications are credible. Certifications vary; some are weekend-long courses, while others take months of study. It’s important to know whether a gym has an ongoing personal trainer institute for its staff, and if trainers and teachers are required to regularly change fitness routines for members. It’s imperative that trainers continue their education and change your routine so you get the most benefit from your efforts.

Canceling a membership. The requirements of canceling a membership are spelled out in the gym’s contract. Some memberships require you to pay first and last month’s dues in advance, so even if you cancel with generous notice, you’re out the last month’s dues.

When you join a gym, you are entitled to a cooling-off period. That means you can cancel and get a full refund if you notify the gym within three to five business days from the time you join. The number of days you have to cancel varies by state. You can find this information on your state attorney general’s website (type in “cooling off period,” your state and “attorney general” into your search engine to find out more specifics).

If you have to cancel a gym membership for medical reasons, a work transfer, long-term volunteer trip or military obligation, you can usually freeze your account for a small monthly fee. This could save you money if you plan to come back to the gym. Some gyms require you to pay the initiation fee all over again if you cancel and rejoin.

Always take the extra step to put your decision in writing. Have the gym personnel who process account changes sign the document, and keep a copy for your records.

Additional tips:

• Don’t give out your billing information to a gym you don’t plan to join.

• Get a weeklong pass to a gym you’re interested in joining and go at different times so you can get the full experience of being a member.

• Before you join, ask existing members at the gym you’re considering to share their opinions about the facilities and staff with you.

• Research online consumer reviews and complaints about the gym you’re considering.

• Shop around. Compare facilities, equipment, staff, location, classes and amenities. C

ABOUT EIGHT years ago I had laser eye surgery for an astigmatism, and now I need glasses for reading. I’m only 39! I’ve heard that doctors tend to overcorrect astigmatisms, which can cause a person to need reading glasses before they would normally need them. I was never told this when I got my surgery; if I had known, it may have changed my decision. Please let me know if there is something I can do to Fight Back!

Stephanie Elburn, Illinois

Unfortunately, doctors cannot predict the outcome of any surgical procedure with complete accuracy. You may want to talk to an attorney who can advise you of all of your legal rights and remedies. Your state bar association’s website could be a good resource for ;nding a suitable attorney. It’s important not to let too much time pass because there is a statute of limitations, which may vary from state to state.

Doctors generally have a duty to disclose upfront the risks of a procedure and generally require patients to sign an informed-consent document prior to a procedure. It’s important to read this thoroughly before you sign it.

If you feel that a doctor has failed to meet his or her required standard of care, you can ;le a complaint with your state medical board. In the interim, you can discuss your options with your attorney, who can refer you to other eye doctors for a second or third opinion.

Have a question for Fight Back?

Just log on to www.fightback.com and email them at info@fightback.com. Questions and answers of the greatest interest to Costco members will be used in this column (with the permission of the contributor) and will be posted on www.fightback.com.