A contract with a gym is usually set up for several months or even years – because gyms usually finance their offers via term models, thereby obtaining an economic planning basis and at the same time wanting to support their members’ long-term training goals. However, this long-term contract planning sometimes poses challenges for the members themselves. What happens if you suddenly fall ill, move house or can no longer train for other reasons? Does the normal right of termination then apply – or is it possible to terminate the contract prematurely? The so-called extraordinary termination applies precisely in such cases. It allows you to terminate a contract for good cause – regardless of the agreed term.
What is extraordinary termination – and when is it permissible?
Sometimes life circumstances change more quickly than originally planned. In situations like this, the question arises: do I have to continue paying even though I can no longer use the gym or do I have the right to terminate the contract early? The
Extraordinary termination: what the Swiss Code of Obligations says
Extraordinary termination allows you to terminate an ongoing contract without observing the contractually agreed notice period – immediately and for good cause. The legal basis for this is Art. 337 of the Swiss Code of Obligations, which generally applies to employment relationships, but is applied analogously to other continuing obligations – such as a fitness subscription.
The decisive factor is that the continuation of the contract is no longer reasonable. The reason for this must be serious and exceptional – a mere lack of interest in training or loss of motivation is not sufficient to justify extraordinary termination.
Valid reasons for extraordinary termination of the fitness studio
Not every request to terminate a contract is automatically a reason for termination. The following situations are generally recognized – provided they can be proven:
Medical reasons
- A serious illness or accident that makes training impossible permanently or for an extended period of time
Relocation or change of residence
- A move to a region where there is no comparable studio offering
- Only permitted if training is no longer possible as a result
Pregnancy or health risk situation
- Extraordinary termination is possible during pregnancy if the gym does not offer any suitable training alternatives
Breaches of contract by the studio
- If the studio permanently fails to provide services, e.g. due to months of closure, poor hygiene or significant restrictions on the services offered
- Important: Such incidents should be documented and reported in writing
What evidence is required?
A fitness subscription is a legally binding contract – and as with any contract, certain rules apply. Anyone wishing to terminate the contract without notice must be able to justify the reason. Otherwise, it is not clear to the gym management whether a request is justified or not. To ensure that your termination is legally comprehensible and therefore effective, you should submit reliable and verifiable documents. The more concrete and official the evidence, the more likely the extraordinary termination will be accepted.
What constitutes sufficient evidence?
- Medical certificate confirming inability to train due to illness, accident or pregnancy
- Official confirmation of registration, e.g. if you move to a place without an accessible studio
- Photos or video recordings when it comes to documented defects or restrictions in the studio
- Copy of your written complaint or email history if you have previously tried to resolve the issue
- Comments from third parties, such as other members, in the event of repeated incidents in the studio
- Confirmation from the studio itself, e.g. in the event of announced closure or cancellation of certain services
How do you cancel your fitness subscription correctly?
Even if the reason for an extraordinary termination is understandable – if you want to be on the safe side, you should ensure the correct form and complete documentation. This protects you from misunderstandings and gives both sides clear guidance.
What should you bear in mind when shipping?
- Written form: Be sure to submit your notice of termination in writing – ideally in a clearly worded letter.
- Registered mail: It is advisable to send it by registered mail. This gives you proof that the notice of termination has actually been delivered.
- Observe deadlines: Even in the case of extraordinary terminations, it makes sense to send the letter promptly after the event or when the reason has been established. The longer you wait, the more difficult it will be to justify the termination.
- Enclose documents: Enclose all supporting documents directly and list them in the letter – for example with the note “Enclosure: Medical certificate from …”.
How to write a legally compliant extraordinary termination notice
An extraordinary termination should not only be well justified, but also formally correct. The clearer and more complete your letter is, the easier it is to process – and the greater the chance that your request will be accepted.
Be sure to mention the following points in your letter:
- Your full contact details: Name, address, telephone number and e-mail
- Contract number or membership number: for clear assignment of your request
- Date of termination: i.e. the day on which you write the letter
- Reasons for termination: as concise as possible, but comprehensible
- Reference to extraordinary termination: e.g. pursuant to Art. 404 CO (for good cause)
- List of supporting documents: e.g. medical certificate, confirmation of relocation, etc.
Request confirmation: Ask in writing for confirmation and termination of the contract
Sample: Extraordinary termination of your fitness contract
[First name Last name]
[Street, No.]
[PLZ City]
[name of gym]
[for the attention of the gym manager]
[street, no.]
[zip code town]
Place, date
Extraordinary termination of my gym contract
Ladies and Gentlemen
I hereby terminate my contract with your studio extraordinarily and with immediate effect. The reason for this is [e.g.e.g. a long-term illness / a change of residence / a medically certified impossibility of further use].
I enclose with this letter [e.g. a medical certificate / confirmation of registration] as proof.
Please confirm in writing that you have received my notice of termination and the date on which the contract ends. I thank you for your understanding and ask for an uncomplicated processing.
Kind regards
[Signature, if sent by letter]
[Name in block capitals]
Can the studio also terminate the contract without notice?
Customers do not have the right to extraordinary termination – the gym can also take this step. Although this rarely happens, in certain cases immediate termination of the contract by the provider is also possible and legally permissible.
The most important reason: serious breaches of contract by the member. This does not apply to simple breaches of house rules, but to repeated or grossly non-compliant behavior that impairs interaction in the studio or the business itself.
Typical reasons for extraordinary termination by the gym are
- Repeated non-payment of contributions despite reminders
- Insults, threats or physical attacks against employees or other members
- Willful damage to property in the studio (e.g. to equipment or furnishings)
- Violations of the house rules, if these occur massively or repeatedly
- Misuse of the membership card, for example by passing it on to third parties
The following also applies here: The studio must generally document the behavior and have issued a warning – unless the incident is so serious that immediate termination is reasonable.
Tip: In these and many other cases, fitness studios themselves benefit from membership of an industry association such as Swiss Active. Here you can exchange ideas with other players and consider together how to deal with issues such as the extraordinary termination of a fitness subscription.
Goodwill instead of conflict: what solutions many studios offer voluntarily
Extraordinary termination is not always the only option. Many fitness studios are understanding and offer voluntary solutions – even if they are not legally obliged to do so. In such cases, it is worth seeking a discussion before you get involved in a legal dispute. When choosing your gym, it is best to look out for quality criteria such as official certification, which also certifies that the gym treats its members in an ethically correct manner.
Typical goodwill solutions are:
- Contract dormancy: Your contract is paused for a certain period – for example in the event of illness, pregnancy or a stay abroad. The term is then postponed accordingly.
- Contract transfer: In some cases, you may transfer your membership to another person – for example, if you move house or if your circumstances change.
- Goodwill termination: Even if there is no clear good cause, some studios are accommodating and terminate the contract early. However, this is always a case-by-case decision.
Our tip: Explain your situation openly and in a friendly manner. Many studios are more willing to find a solution together if the tone is right and you approach them with a comprehensible request.
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