Is the fitness centre where you purchased a membership offering you the services of a personal trainer? The personal trainer could, for example, create a personalized training program for you or offer private training sessions.
The details of such services must be included in a written contract.
Contract with a trainer employed by the establishment
If the trainer is an employee of the fitness centre, the contract that details your membership should also include the information about the personal trainer services. For example, a description and the costs of the services offered should be written in the contract. The page Knowing the contract content provides a list of the mandatory information that should be included in the contract.
You can cancel such a contract, including the personal trainer services, according to the rules detailed in the page Cancelling a membership.
Contract with an independent trainer
If the trainer is a freelancer (not an employee of the fitness centre), the trainer must provide a separate contract for you to sign.
The contract must include:
- the trainer’s name and address;
- your name and address;
- the place and date the contract was signed;
- a description of the services offered;
- the date on which the services will start being provided;
- the address where the services will be offered;
- the number of hours, days, or weeks over which the services will be offered;
- the hourly, daily, or weekly rate. This rate must remain the same for the duration of the contract;
- the total amount you will need to pay;
- the terms of payment;
- the mandatory clause provided by Article 46 of the Regulation respecting the application of the Consumer Protection Act. This clause includes the contract's cancellation terms.
The trainer must provide a copy of the signed contract along with a cancellation form. This form will be helpful if you ever want to cancel your contract.
Payment of the services of an independent personal trainer
A freelance personal trainer cannot:
- request a payment or a deposit to be paid before the membership starts;
- require you to pay for the services in a single payment. It must be possible to pay in at least 2 approximately equal instalments. The instalments must be claimed at regular intervals, for example, at the start and midway through your membership.
A trainer can ask for a single payment in the following 2 situations:
- the total value of the contract is of less than $100;
- the services take place over 3 days or less, no matter the cost.
Cancelling a contract with an independent trainer
If you wish to cancel your training sessions before they start, the trainer cannot claim fees or damages.
If your program has started but you want to cancel the remaining sessions, you will need to pay the following amounts:
- the cost of the services provided;
- a penalty provided by the law. This penalty corresponds to the lower of the following amounts: $50 or 10% of the value of the services that were not rendered.
For example: you purchased 10 sessions with a trainer for $250. You want to end this agreement after 2 sessions. You will need to pay $50 for the 2 sessions you attended. You will also need to pay a $20 penalty, which corresponds to 10% of the value of the remaining sessions.
Last update : October 30, 2020
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The information contained on this page is presented in simple terms to make it easier to understand. It does not replace the texts of the laws and regulations.