(Mar 5, 2010)

Linda Bissell liked the facilities and services at her St. Catharines gym -- the pool, the workout area, even the personal training sessions she was pressured into buying.

Then in December, she cancelled her membership.

The enjoyment of her two-year-long membership was outweighed by the hassles of dealing with billing errors and subsequent problems with the head-office billing department.

"They are one of the (few) full gyms in St. Catharines except for the Y," she said. "Now I'm giving the Y a try."

Colleen Lander, the senior complaints officer of the Better Business Bureau, South Central Region including Hamilton and St. Catharines, said complaints about health club memberships had sharply fallen off after a 2004 Hamilton Spectator investigation into consumer dissatisfaction over gyms.

Last year, the Ontario's Ministry of Consumer Services received 1,094 complaints about gyms -- a 16 per cent drop compared to the previous year.

"Unfortunately the ball has dropped a bit since (the Spectator investigation)," said Lander, adding that complaints are creeping up again. "It's getting a bit lackadaisical again."

Billing errors and a lack of communication between a gym and its head office are common refrains in complaints filed with the bureau, she said.

"When memberships are cancelled, fees are still taken through bank accounts and credit cards used to pay for the memberships. So often customers don't realize that the amounts are still being billed," said Lander.

Other common complaints include billing amounts not matching the contract amounts or incorrect amounts withdrawn from members' accounts.

"Customers will cancel memberships and the person at the front desk will say it's fine but then nothing happens," said Lander.

"There's a huge lack of communication between clubs and members. It's very, very poor. They'll say one thing or forget abut it."

Lander said consumers have to shoulder some of the responsibility for that.

"It's not just the clubs that are to blame," she said. "Customers need to take some responsibility and ask for a contract."

Lander said health and fitness clubs are, in fact, responding sooner and more effectively than in the past.

Bissell said although she was billed three times in one month for a personal trainer, in the end, she didn't pay more than what she was supposed to.

"They tried to make up for all the problems by giving me a $100 gift card for their spa. The only problem was (the spa) wasn't open and I never got a chance to use it."

lmarr@thespec.com

905-526-3992

PROTECTING YOURSELF

Here are some consumer protection tips to manage health and fitness club memberships:

* Ask for your own copy of the contract and read the fine print.

* If there's a problem with the membership or the facilities, let the managers know right away and ask the gym to correct the problem.

* Document everything in writing. Make complaints and cancellations in writing. A sample letter of how to cancel a service can be found online at sse.gov.on.ca/mcs/Documents/275071.pdf

* Be aware that negative option billing is illegal in Ontario. Some companies will try to bill for services or products the customer did not agree to.

* Check whether the club you are considering signing a contract with is on the Better Business Bureau's complaints list at their website bbb.org/canada/. The BBB tracks all complaints and patterns of complaints. It will then follow up with a company.

* Think before you commit. Some clubs have high pressure techniques. Know your consumer rights. Check out website sse.gov.on.ca/mcs/en/Pages/Your_Consumer_Rights.aspx

* You do have the right to change your mind. There is a 10-day cooling off period during which time consumers can change their mind.

* The Ontario government has its own fitness membership check list. Check the Ministry of Consumer Services for more information or to file a complaint. Visit website ontario.ca/consumerservices, phone toll-free 1-800-889-9768 or e-mail consumer@ontario.ca.