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SALT LAKE CITY — Performax Gyms in Clearfield was cited for ceasing operations without following legally required procedures under the state's Health Spa Services Protection Act, leaving customers with memberships they could not use, according to the Division of Consumer Protection.
The agency alleged that Performax closed its doors in late June without notifying paying gym members, failed to offer an alternate location for fitness memberships, did not provide refund or cancellation options and continued to collect membership payments through bank and credit card accounts.
The division estimates that more than 1,700 consumers were affected in actions that violate the Utah Consumer Sales Practices Act, according to agency officials.
According to a news release, after Performax Gym closed to the public, staffers posted on social media that members should be patient while management worked with the landlord to try to reopen the location. However, the gym’s lease had been terminated and it never reopened.
“Bottom line, gyms cannot take consumers’ money without providing services,” said Francine Giani, executive director of the Utah Department of Commerce. “We urge Performax members who are owed money to file a complaint with the Division of Consumer Protection.”
Former Performax members may be entitled to refunds for charges that occurred after the gym's closure and prorated refunds of gym membership fees paid in advance, Giani said.
Affected members may file a complaint with the Utah Division of Consumer Protection by Sept. 1.
