The gym refuses to cancel your membership, demands compensation for early termination, or keeps charging fees despite your cancellation notice — these are rampant practices in the Polish fitness industry. The good news: Polish law is on your side. You have the right to terminate your gym contract, and penalties for early termination are legally unenforceable in most cases.
Your fundamental right: Art. 365¹ of the Civil Code
If your gym contract is for an indefinite period — or has automatically rolled over to indefinite after the minimum commitment period — you have the right to terminate it at any time with notice.
Art. 365¹ CC states clearly: an indefinite continuing obligation expires upon notice by the debtor or creditor, observing the contractual or statutory notice periods, or — if none — immediately upon notice. The gym cannot override this with its own terms and conditions.
Cancellation fees are illegal
Most gyms include clauses about "damages" or "contractual penalties" for early termination. Such clauses are unfair terms under Art. 385³ point 17 of the Civil Code, which explicitly prohibits imposing on the consumer an obligation to pay a grossly excessive penalty for non-performance or inadequate performance.
A clause requiring you to pay many months in advance simply for terminating an open-ended contract is a standard abusive clause. You can refuse to pay it, citing Art. 385¹ CC.
Fixed-term contracts: different rules
If you signed a contract for a fixed period (e.g. an annual membership) and it has not yet expired, you have fewer options — unless:
- The gym changed the contract terms or prices during the contract period — you have the right to immediate termination without consequences (Art. 384¹ CC)
- You signed the contract online or by phone — you have 14 days to withdraw without giving any reason (Art. 27 of the Consumer Rights Act)
- The gym fails to provide services as agreed — closed facilities, missing equipment, reduced opening hours — you can terminate for the gym's fault
- You have a valid reason making it impossible to use the gym (illness, relocation, disability) — courts often take this into account in disputes
How to write a gym contract cancellation notice
- Write it in writing — by email or registered post with proof of delivery
- Include your details, contract number or membership card number, contract date
- Cite Art. 365¹ CC if the contract is for an indefinite period
- State the termination date in accordance with the notice period
- Clearly state that you do not accept any cancellation fees, citing Art. 385¹ and 385³ point 17 CC
- Keep a copy of the letter and proof of delivery
The gym keeps charging after cancellation
- Cancel the standing order or direct debit authorisation with your bank
- Notify the gym in writing that you are withdrawing consent for payments
- If funds were taken after the notice period ended — demand a refund in writing
- If there is no response — file a complaint with your bank (chargeback) or with UOKiK
Price increase during your membership
The gym raised its prices mid-contract? This may give you the right to immediate termination without a notice period and without any penalties. Art. 384¹ CC protects you from unilateral changes to contract terms. The gym must inform you of the change and give you the option to leave — if it failed to do so, your legal position is even stronger.
UOKiK and gym practices
The Office of Competition and Consumer Protection (UOKiK) has intervened against fitness chains that use abusive clauses on many occasions. The UOKiK register of unfair terms contains many gym clauses that have been ruled illegal. If your gym uses similar provisions, file a complaint with UOKiK. The procedure is free.