Every Contract a Gym Needs in the UK (2025)
Last updated: February 2025
Legal Requirements for a Gym
UK gyms must comply with the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999. The Consumer Rights Act 2015 governs membership agreements, and the DMCC Act 2024 introduces new requirements for subscription and membership contracts. The Occupiers' Liability Act 1957 and 1984 imposes duty of care to members and visitors. The Consumer Contracts Regulations 2013 provides a 14-day cooling-off period for memberships sold at a distance or off-premises. BS EN 1176 and other British Standards apply to equipment safety.
Essential Contracts
Must comply with the Consumer Rights Act 2015 fairness requirements and DMCC Act 2024 subscription rules, covering fees, cancellation rights, and facility access
Physical Activity Readiness Questionnaire and risk acknowledgement — while you cannot exclude liability for negligence, these document the member's fitness to exercise
For gym staff, instructors, and managers — including specific health and safety responsibilities and qualification maintenance requirements
Defines whether PTs are employees or self-employed, covering client ownership, insurance requirements, and facility access terms
Recommended Contracts
Tailored terms for corporate clients providing gym memberships as an employee benefit, covering billing, member management, and liability
Contracts for gym equipment leasing or maintenance, covering servicing schedules, replacement terms, and liability for equipment failure
Terms for freelance fitness instructors covering insurance requirements, class scheduling, cancellation policies, and liability allocation
Common Legal Risks for a Gym
- Personal injury claims under the Occupiers' Liability Act 1957 from members injured using equipment or facilities
- CMA enforcement for unfair membership terms including excessive cancellation fees or lock-in periods
- DMCC Act 2024 non-compliance for membership auto-renewal without proper notice
- Employment status disputes with personal trainers classified as self-employed but working as de facto employees
- Health and safety prosecution for inadequate equipment maintenance or unqualified staff supervision
Industry-Specific Notes
The fitness industry should follow ukactive's Code of Practice. Membership agreements must be carefully drafted to comply with the Consumer Rights Act 2015 — the CMA has previously taken enforcement action against gym chains for unfair terms. The DMCC Act 2024 subscription rules will significantly impact gym memberships — renewal reminders and easy cancellation will be mandatory. All instructors should hold relevant qualifications registered on CIMSPA.
FAQ
Can a gym enforce a minimum membership period?
A minimum membership period is generally permissible under UK law, but the terms must be fair under the Consumer Rights Act 2015. The CMA has previously taken action against gyms with excessively long minimum terms (over 12 months), unreasonable cancellation fees, or terms that automatically roll into new minimum periods. Best practice is to offer a range of membership options including monthly rolling contracts. For distance sales (online sign-ups), the 14-day cooling-off period under the Consumer Contracts Regulations 2013 always applies.
Can a gym exclude liability for personal injuries?
No. Under the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015, you cannot exclude or limit liability for death or personal injury caused by negligence. 'Exercise at your own risk' signs and waiver clauses in membership agreements do not remove this liability. However, you can require members to acknowledge risks inherent in exercise, declare their fitness to participate via a PAR-Q, and agree to follow gym rules. Comprehensive public liability insurance is essential — typically a minimum of £5 million.
Are personal trainers at a gym employees or self-employed?
This depends on the actual working arrangements. If the PT sets their own hours, finds their own clients, uses their own equipment, carries their own insurance, and pays rent for gym access, they are more likely self-employed. If the gym allocates clients, sets session prices, requires specific hours, and provides equipment, they are more likely employees. HMRC will look at the substance, not the label. Getting this wrong can result in backdated PAYE, NIC, and penalties. Consider using HMRC's CEST tool and documenting the assessment.
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