What should a Fitness Membership Agreement include under Thai law?

1. Definitions and Interpretation
2. Membership and Facilities
3. Term and Renewal
4. Fees and Payment
5. Club Rules
6. Health and Safety
7. Freeze
8. Member's Right to End the Membership and Refunds
9. Gym's Right to End the Membership
10. Transfer of Membership
11. Liability
12. Personal Data and Biometric Entry
13. Thai Version, Notices, Law and Disputes
14. General

• A fitness membership sold to consumers is a contract-controlled business under the Contract Committee notification of B.E. 2554 (2011). The notification requires the contract to be in Thai, in clearly legible letters. Sign a Thai-language agreement that follows the notification together with this English Agreement (Clause 13.1). If the two differ, the version more favourable to the Member applies.
• A term that conflicts with the notification is not enforceable against a consumer, and the terms that the notification requires are treated as included even if they are missing.

• Area, types and numbers of equipment, facilities and services: Schedule 1. Fees, payment method, start and end dates: Clause 4 and Schedule 1.
• Term of one year or less, with no automatic renewal; the Gym tells the Member the renewal price at least 30 days before the end: Clause 3.
• The Gym may end the membership only for the reasons printed in bold in Clause 9, with 30 days' written notice, except for a criminal offence, disturbing other members or a serious contagious disease.
• The Member may end the membership if equipment or services are missing or insufficient and not replaced within 7 days, on a doctor's advice, or after an injury caused by an unqualified trainer or faulty equipment without a warning: Clause 8.1. Refunds are paid within … days: Clause 8.5.
• Card billing stops as soon as the membership ends: Clause 4.4. Notices to the Member go by registered post with acknowledgement of receipt: Clause 13.2. The Member may transfer the membership by written notice: Clause 10.
• No exclusion of liability for injury, illness or loss of property at the Club: Clause 11.

• Keep the Club rules attached to the Agreement or displayed. They bind members only so far as they concern safety, hygiene or the common benefit of members, and may change only on 30 days' notice (Clause 5).
• Record every freeze with its dates and extend the end date accordingly (Clause 7).
• Mark any broken machine with a clear warning until it is repaired (Clause 2.2). An injury from unmarked faulty equipment gives the Member a right to end the membership with a full refund of the unused part.
• The Member is under 20. The legal representative must sign the signature page and the consents in Schedule 2.

• Keep health answers only with the User's separate consent in Schedule 2 Part B, and delete them within 90 days after the membership ends (Clause 12.2).
• Face or fingerprint entry needs separate explicit consent (Schedule 2 Part C). Always offer a card or code instead, free of charge, and delete templates within 30 days after the membership ends (Clause 12.3).

• A membership agreement is a contract for services. Revenue officers may treat it as a hire of work (Instrument 4 of the Stamp Duty Schedule): 1 THB for every 1,000 THB or part of 1,000 THB of the fee. On the Membership Fee you entered, that would be the amount the system calculates from the figures entered, with the amount the system calculates from the figures entered on a counterpart, paid by the Gym. Ask your accountant how you treat membership agreements.
• A VAT-registered Gym issues a tax invoice for each payment. Prices to consumers include VAT (Clause 4.1).

• Try to settle complaints at the Club first. The Member may complain to the Office of the Consumer Protection Board (Clause 13.4), or bring a small claim in a Thai district court, which works in Thai.

Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-B867D6. If you reuse this content, please credit the author and link to the original.