Fitness studio trap: 17-year-old fights for the right after subscription trap!

Fitness studio trap: 17-year-old fights for the right after subscription trap!

Ellwangen, Deutschland - Tobias, a 17-year-old youth, recently accompanied his 18-year-old friend to a trial training session in the fitness studio "top Before his first training session, he had to enter personal data on a tablet and provide a signature. Strangely enough, Tobias was left by the coaches in the belief that this was only necessary for trial training. The gym had not explained to him that he unknowingly concluded a contract with a two -year term. After Tobias decided against membership, he received a claim of 40 euros for a so -called activation fee.

The Situation escalated when Tobias ’mother decided to revoke the contract because, as a minor, he should not have legally concluded such a contract without the signature of a legal representative. As a result, the Baden-Württemberg Consumer Center found that the gym had been illegal, since minors generally have no contracts with running costs without the consent of a legal guardian. Instead, his friend had signed, which led to a legal gray area in which Tobias ’membership should be considered void.

legal consequences and reminders

Although Tobias' mother revoked the contract, the gym was not idle and sent two reminders, each with a fee of six euros. This resulted in the consumer center appealing and describing the reminders and the activation fee as illegal. But the gym did not react to this objection, which ultimately led to the initiation of a lawsuit at the Ellwangen District Court.

Surprisingly, Tobias received an email from the gym one day before the planned hearing with reference to alleged contribution residues. This procedure was classified as inadmissible by the consumer advice center, since the contract was already considered illegal. In the further episode, the court issued a default judgment in favor of the consumer advice center in the first procedure, while the judgment is still pending in the second procedure.

legal situation for minors in the gym

With regard to the legal situation for minors, it is important to know that young people under the age of 18 are considered to be limited in Germany in Germany. This means that you are only allowed to conclude contracts that do not bring you any legal disadvantages. As a rule, all legal representatives must agree to make membership in a gym. If only one parent signs, this can lead to floating ineffective membership, which is often not considered. The German Sports Provider Association (DSSV) also recommends that young people should only start strength training at the age of 14 and that unnoticed training for this age group carries risks.

For the gyms, it is of essential importance to clarify who has the parental concern before signing the contract and obtaining all the necessary signatures. An alternative solution could be that an adult parent concludes the contract as a member, while the minor son is entered as a user. In this case, the parent is liable for any payment obligations, so that the young person is not legally bound.

For studio owners, it is important to ensure that their contracts are legally secure and the conditions are clearly understandable. The risk of legal problems can be minimized. The role of consumer advice centers that become active in the case of inadmissible contractual practices of gyms is also repeatedly pointed out.

The discussion about the rights of minors in the fitness area shows how important it is to know legal framework and pay attention to clear contractual provisions in order to avoid unpleasant surprises.