By Anne-Margaret Swary The Citizen

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Florida Agriculture and Consumer Services Commissioner Charles H. Bronson is urging consumers to take time to check on the background of a health club or gym prior to signing up or buying a membership as a gift. Many people wanting to start the New Year on a healthy note join gyms, but without some investigation they may lose only money.

The department regulates health clubs under the Health Studio Act, which provides some protections for consumers in the event the club closes, moves or the member cannot use the facilities for medical reasons. Health clubs are required to register with the department, and many are required to post a bond for member refunds in case the club goes out of business.

"There are rules and regulations that health clubs need to follow, and consumers need to know what they are so they can be sure they are getting their money's worth," Bronson wrote in a recent press release. "Memberships can be a sizeable investment, so it's worth the time to find out about a facility before signing a legal contract. Consumers need to understand they cannot just change their minds weeks or months after joining and stop paying dues."

Currently, there are 2,266 health clubs registered in Florida, according to the department. During the past year, 369 clubs went out of business.

The law provides consumers with the right to cancel a contract within three days of signing it, but it must be done in writing. After three days, it is a binding legal obligation.

If a person becomes physically unable to use a substantial portion of the services for which they contracted, they can put a hold on the membership until the disability ends. If the health studio goes out of business or moves more than five driving miles away from the original location it must provide within 30 days a facility of equal quality located within the five miles or the contract is void.

Consumers also should follow these tips:

• Call the Department of Agriculture and Consumer Services helpline at 800-HELPFLA (800-435-7352) to make sure the health studio is registered and to check its complaint history.

• Find out if the studio has posted a bond with the department, as most clubs that collect fees in advance are required to do so.

• Find out about the club's cancellation policy in the event a member moves or becomes physically unable to use the facility.

• Visit the club during the hours you intend to use it to determine whether the equipment you want will be available at that time.

• Make sure exactly what the membership fee covers. In some cases, amenities such as racquetball and basketball courts, child care, towels, etc., cost extra.

As with any legal document, it's important to read contracts thoroughly and make sure that all promises are made in writing. Ask questions to make sure the terms of the membership contract are understood and can be followed.

Anne-Margaret Swary is The Citizen's business editor. Her column runs exclusively each Sunday. She can be reached at amswary@keysnews.com.