# Gym Contract Cancellation Rules in Germany (2026) > What gym owners in Germany, Austria and Switzerland must get right on contract term, renewal and cancellation: §309 No. 9 BGB, the cancellation button and the 2026 BGH ruling, OGH case law and a compliance check for your contract. *Author: Trainera Team | Published: 2026-10-07 | Reading time: 9 min* ## What are the rules on gym contract terms and cancellation in Germany? In Germany a gym contract based on standard terms (AGB) may have an initial term of at most 2 years, the notice period for the end of that term may be at most 1 month, and after that the contract may only roll over for an indefinite period, cancellable at any time with at most 1 month's notice (§309 No. 9 BGB, the German Civil Code). Gyms that sign members up online have needed a cancellation button (Kündigungsbutton) since 01.07.2022, and since the Federal Court of Justice (BGH) ruling of 16.07.2026 it is clear that the confirmation page must not offer "pause instead of cancel". In Austria the Supreme Court (OGH) tests the length of the commitment strictly under §6 KSchG, the Austrian Consumer Protection Act. In Switzerland automatic renewal clauses are valid in principle. This reflects the situation in October 2026\. The post explains laws and rulings for gym and studio owners. It is not legal advice: have your terms reviewed by a lawyer or through your industry association. ## Germany: three clauses that no longer hold up in standard terms Since the Fair Consumer Contracts Act (Gesetz für faire Verbraucherverträge) came into force on 01.03.2022, [§309 No. 9 BGB](https://www.gesetze-im-internet.de/bgb/%5F%5F309.html) sets much tighter limits on the term of ongoing consumer contracts. That affects every gym that uses pre-drafted membership contracts, which is practically all of them. According to [Fitbook](https://www.fitbook.de/fitness/neue-kuendigungs-regel-fuer-fitnessstudio-vertraege), the rule on tacit renewal also applies to contracts signed before the law changed. | Clause in the membership contract | Allowed in standard terms | Invalid | | --------------------------------------------- | ----------------------------------------------------------------------------------------- | -------------------------------------------- | | Initial term | up to 2 years | more than 2 years | | Notice period for the end of the initial term | at most 1 month | e.g. 3 months before expiry | | Renewal after the initial term | only for an indefinite period, then cancellable at any time with at most 1 month's notice | automatic renewal for another 6 or 12 months | This is not just theory. The [Bavarian consumer advice centre (Verbraucherzentrale Bayern)](https://www.verbraucherzentrale.bayern/pressemeldungen/vertraege-reklamation/fitnessstudios-setzen-neues-gesetz-nicht-um-75296) took action against gyms that had not implemented the law, and 10 gyms changed their terms as a result. The national [Verbraucherzentrale](https://www.verbraucherzentrale.de/wissen/vertraege-reklamation/kundenrechte/gesetz-fuer-fairere-vertraege-mehr-schutz-bei-kosten-und-laufzeiten-55274) also explains the rules for members, and that is exactly the page your members read before they write to you. What I often see in gyms: the contract has been updated, but the website, the flyers and the sales pitch at the front desk have not. They still say "12 months, renews for another 12 months". So check not just the terms but everything a prospect reads or hears. ## The cancellation button under §312k BGB Any business that concludes ongoing contracts with consumers through a website must make cancelling online just as easy. [§312k BGB](https://www.gesetze-im-internet.de/bgb/%5F%5F312k.html) requires a button labelled "Verträge hier kündigen" ("cancel contracts here"), followed by a confirmation page with a "jetzt kündigen" ("cancel now") button. If it is missing, the member can cancel at any time without notice. For a gym with 12-month contracts, that is the most expensive mistake on this list. ### Two BGH rulings you should know **BGH, 22.05.2025, I ZR 161/24:** the cancellation button is also required when the customer pays once up front but the service is delivered over the term, as the law firm [Noerr](https://www.noerr.com/de/insights/kuendigungsbutton-im-onlinevertrieb-neue-rechtsprechung-des-bgh) summarises. That affects gyms that sell annual memberships online for a single payment. **BGH, 16.07.2026, I ZR 200/25:** the Federation of German Consumer Organisations (vzbv) had sued a gym. According to the report by the [DSSV](https://www.dssv.de/urteil-zum-kuendigungsbutton/), the German fitness industry association, the confirmation page may only contain what is needed for the cancellation. | On the confirmation page | Assessment under BGH I ZR 200/25 | | ----------------------------------------------------------- | -------------------------------- | | Name, membership number or other details for identification | needed for the cancellation | | Type of cancellation and the date it takes effect | needed for the cancellation | | "Cancel now" button | required by law | | Offer to pause the membership | not allowed | | Offer to extend or switch plans | not allowed | | Discount or other retention offer | not allowed | Win-back is not banned by this. It just does not belong in the cancellation flow. After the cancellation you can get in touch, ask for the reason and make an offer. How to do that without pressure is covered in our [guide to reducing gym member churn](/blogs/how-to-reduce-gym-member-churn). ## When the gym has to close: refunding fees A ruling from the pandemic still shapes gym terms today. On 04.05.2022 (XII ZR 64/21) the BGH decided that a gym must refund membership fees for the period it was closed because of coronavirus measures, and that a voucher is not enough, as [LTO](https://www.lto.de/recht/nachrichten/n/bgh-xiizr6421-fitnesstudio-schliessung-wegen-corona-massnahmen-rueckzahlungsanspruch-kunden) reports. Clauses that automatically send members to vouchers or a contract extension when the gym closes deserve a critical legal review. ## Austria: the OGH tests the commitment Austria works differently. According to a case law overview from the [WKO trade association for fitness businesses](https://www.wko.at/oe/fitnessbetriebe/fitness-agb-rechtsprechung.pdf), gym contracts are mixed contracts with a predominantly tenancy-law character. The OGH has held that §15 KSchG does not apply to them. The yardstick is §6(1)(1) KSchG, which prohibits an unreasonably long commitment. What is reasonable depends on the individual case, and the rulings have become stricter in recent years. | Decision | Key point | | ------------------------------------------------------------------------ | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | OGH 5 Ob 205/13b | First cancellation after 12 months, then every six months: allowed in that case. Not allowed: acceleration clauses (Terminverlust) and charges for using a particular payment method. | | OGH 9 Ob 69/11d (29.05.2012) | Waiving the right to cancel for 24 or 36 months not allowed (according to a law firm's site) | | OGH 4 Ob 59/22p and 4 Ob 62/22d (18.10.2022) | A 16-month commitment (12 months plus 3 months' notice) unreasonably long and not transparent; extra fees on top of an "all-in" price grossly disadvantageous | | Further rulings at the end of 2022 (including 6 Ob 62/22v, 3 Ob 155/22y) | Even a mandatory 12-month commitment at gyms without trainer supervision was seen as unreasonably long (according to a law firm's site) | Sources: the collective action by the Chamber of Labour (Arbeiterkammer) on the [OGH website](https://www.ogh.gv.at/entscheidungen/entscheidungen-ogh/verbandsklage-der-arbeiterkammer-gegen-fitnessstudios-wegen-der-verwendung-von-gesetzwidrigen-allgemeinen-geschaeftsbedingungen/); the summaries of the 2012 and late-2022 rulings come from law firms ([strafverteidiger-wien.at](https://www.strafverteidiger-wien.at/recht-oesterreich-news/vertragsbindung-fitnessstudio-ogh-rechtsprechung-kuendigungsverzicht.html), [rechtsanwalt-wien.com](https://rechtsanwalt-wien.com/fitnessstudio-vertrag-mindestlaufzeit-zusatzgebuehren/)). Two points weigh especially heavily for Austrian gyms. First, service, admin or key-fob fees on top of the advertised monthly price are risky. Second, charges for a particular payment method have been held to be unlawful. In the same 2022 proceedings the OGH also found terms on video surveillance in the gym to breach data protection law. ## Switzerland: plenty of contractual freedom, but not a free pass In Switzerland there is no mandatory right to cancel a gym contract at any time. Art. 404 OR (the Swiss Code of Obligations), which allows that for mandates, does not apply here according to [law.ch](https://law.ch/lawinfo/vertrag-vertragsrecht/innominatkontrakte/fitnessvertrag/); cancellation for good cause remains possible. Automatic renewal clauses, often with 3 months' notice before expiry, are valid in principle. A court can still review them case by case as abusive under Art. 8 UWG (the Unfair Competition Act), and some providers have dropped them for that reason, as [CAP Rechtsschutz](https://www.cap.ch/de/privatkunden/rechtstipps/alltagssituationen/fitnessabo.html) writes. The consumer magazine [Beobachter](https://www.beobachter.ch/konsum/kundenrechte/8-tipps-gegen-unfaire-klauseln-im-fitnessvertrag-16435) advises consumers to look closely at renewal clauses before signing. For you as an operator, that means something can be legal and still cost you trust. A clearly visible renewal rule in the contract and a reminder before expiry save you most disputes. ## Compliance check for your membership contract | Check | Germany | Austria | Switzerland | | ------------------------------ | ------------------------------------------------ | ------------------------------------------------------------------------ | ------------------------------------------------------------ | | Initial term | at most 2 years in standard terms | case by case under §6 KSchG; a 16-month total commitment was struck down | freely agreed, case-by-case review under Art. 8 UWG possible | | Renewal | indefinite only, then cancellable monthly | keep the total commitment reasonable | valid in principle, word it clearly and visibly | | Notice period | at most 1 month | notice counts towards the total commitment | often 3 months, case-by-case review possible | | Online cancellation | cancellation button required for online sign-ups | have a lawyer check | have a lawyer check | | Extra fees | flat fees transparent and justified | risky on top of an "all-in" price | show them transparently | | Surcharge for a payment method | have a lawyer check | held to be unlawful | have a lawyer check | Where it says "have a lawyer check", our sources contain no reliable statement for that country. That does not mean anything goes. ## What software can do for terms and cancellations No program makes your terms legally watertight. Software does help with what tends to go wrong in practice: keeping track of hundreds of contract terms and informing members in good time. * **Make terms visible:** for every member it must be clear which package they have, when it started and when the initial term ends. * **Reminders before expiry:** a message a few weeks before the end of the initial term is fair and stops anyone feeling "trapped". Our post on [gym membership renewal reminders](/blogs/gym-membership-renewal-reminder-automation) shows how to set them up. * **Record cancellations in a traceable way:** date received, date it takes effect, confirmation to the member. * **Keep payments clean:** nothing may be collected after the membership ends. With direct debit the member will reclaim the money anyway; more on that in our post on [SEPA Direct Debit for gyms](/blogs/sepa-direct-debit-gyms-germany). In Trainera you set up membership packages with your own price, currency and billing cycle and sell them online by card through your own Stripe account, with no Trainera platform fee. You can record front desk payments too. Automations let you automate messages to members; they are included in the Studio plan (from €239 a month) or available as an add-on for €27.99 a month (prices on [trainera.fit/pricing](/pricing) for Germany and Austria; Switzerland has prices in francs, where Studio costs from CHF 279 and the add-on CHF 32 a month). So that nothing is misunderstood: **Trainera does not provide a cancellation button under §312k BGB.** If you sell memberships online, you need to build the button and the confirmation page on your own website or into your own process, and have a lawyer check it. Tips on the website itself are in our post on the [gym website builder](/blogs/gym-website-builder). ## Five things to check in your contracts this week 1. Contract, website and price list: do they all show the same term and the same renewal rule? 2. Germany: after the initial term, does the contract roll over indefinitely and become cancellable monthly? 3. Online sign-up: is there a "Verträge hier kündigen" button and a confirmation page without pause, discount or switch offers? 4. Austria: how long is the total commitment of term plus notice period, and are there fees on top of the monthly price? 5. Everywhere: does every member get a reminder before the initial term ends, and is it clear who on the team confirms cancellations? If you are unsure about any point, take this list to your lawyer or your industry association. It saves time on both sides. If you run gyms in Germany and Austria, you will find more differences in our guide to [gym management software for Austria and Germany](/blogs/gym-management-software-austria-germany). _Members, packages, check-ins and Automations in one place: [see Trainera for gyms](/for-gyms)._ ## FAQ ### How long can a gym contract run in Germany? Under standard terms, an initial term of at most 2 years. After that it may only renew for an indefinite period and is then cancellable at any time with at most 1 month's notice (§309 No. 9 BGB). ### Does my gym in Germany need a cancellation button? Yes, if members can sign up online. Since 01.07.2022 §312k BGB has required a "Verträge hier kündigen" button and a confirmation page; if it is missing, the member can cancel at any time without notice. ### Can I offer a membership pause when a member cancels online? Not on the confirmation page of the cancellation button. On 16.07.2026 (I ZR 200/25) the BGH ruled that the page may only contain what is needed for the cancellation; pause, extension or discount offers do not belong there. ### How long can a gym contract bind a member in Austria? There is no fixed limit; the OGH reviews each case under §6 KSchG. In 2022 a 16-month total commitment, made up of a 12-month term plus 3 months' notice, was held to be unreasonably long. ### Can I cancel a gym membership in Switzerland at any time? No, there is no mandatory right to cancel at any time, but cancellation for good cause is possible. Renewal clauses are valid in principle but can be abusive in an individual case under Art. 8 UWG. --- Source: https://trainera.fit/blogs/gym-contract-cancellation-rules-germany