Action: Research before you resolve

For a lot of us, the period from Halloween on, with its succession of holidays, becomes a season of excess. So right about now, we're making promises to ourselves to mend our ways in the coming year. On Monday, folks around the country will start off the new year with the resolution to lose those extra pounds and get in shape -- now. If you will be among them, read on.

Action regularly receives letters about both health clubs and diet products. To avoid problems, take note of the following before rushing off to join a gym or buy the latest miracle diet product.

According to Florida law, health studios can sign up members for as many as three years. Many do, so make sure the gym offers what you want before you sign the contract. A contract is a legal document, and the company can choose to enforce it. Bear that in mind before committing to a significant length of time.

Once you sign, there are only two ways to get out of a contract. By law, you have three days, excluding holidays and weekends, to cancel the contract after you sign it. You may also cancel if you have a doctor's note saying that you are medically unable to use the gym.

One of the best things you can do if you want to join a gym is to visit several. Go at the times you would be working out so you can see for yourself how crowded the gym is and how long you might have to wait to use its equipment.

Speaking of machines, take a good look at them. In today's health club industry, the variety of equipment available is seemingly endless. Make sure you understand what they are designed to do. Don't allow yourself to be rushed.

Before you join, call the Consumer Service's hotline at (800) 435-7352 (HELP-FLA) to find out whether the health studio is registered and bonded and if complaints have been filed against it. (Any studio that collects money upfront for more than 30 days in advance must have a $50,000 surety bond for a period of five years, after which it may request an exemption from this condition.)

"Health Spas: Exercise Your Rights," a Federal Trade Commission publication, offers these additional tips on joining a health spa:

Find out what kind of training or qualifications instructors or personal trainers have. Take a copy of the contract home with you to read at your leisure, paying special attention to the club's refund and cancellation policies. Check with your local consumer protection agency and Better Business Bureau to see if they have received complaints against any health club you consider joining. As always, get any verbal promises made by the sales personnel in writing.

If you are new to the world of gyms and fitness centers, consider a center that offers memberships on a monthly, weekly or even daily basis. Look in the Yellow Pages under Health Clubs. This can save you a lot of money if your enthusiasm for working out passes after the first week or two.

When it comes to dieting, it's almost a national pastime, according to the Federal Trade Commission, with around 50-million Americans going on a diet each year. Alas, regardless of how well these dieters initially do, only 5 percent will manage to keep the weight off in the long run. The key to successful weight loss is simple: eat less, exercise more.

Given that we're bombarded by advertisements for weight-loss products, it's easy, and tempting, to be seduced into thinking that the solution lies in a pill or other product. In "Paunch Lines: Weight Loss Claims Are No Joke for Dieters" and "Skinny on Dieting," the FTC says the following kinds of claims should raise red flags:

"Lose 30 Pounds in Just 30 Days," "Lose All the Weight You Can for Just $39.99," "Lose Weight While You Sleep," "Scientific Breakthrough . . . Medical Miracle," and the list goes on. Keep the following in mind:

Generally, the faster you lose weight, the more likely you are to gain it back.

Be alert to hidden costs in weight-loss programs, such as having to buy prepackaged meals.

Promises of weight loss without effort are phony.

Be equally suspicious of promises of long-term weight loss. The only way to ensure long-term weight loss is to change how much you eat and exercise.

Don't pin your hopes on someone else's weight-loss claims. Even if the claims are true, what worked for someone else might not work for you.

There are no miracle weight-loss products.

Finally, before beginning any weight loss or exercise program, take the advice of health experts and check with your doctor.

For copies of any of the Federal Trade Commission's free publications, call its Consumer Response Center at (877) 382-4357 (FTC-HELP); TDD, (202) 326-2502; or write to Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Ave. NW, Washington, DC 20580; or see its Web site, http://www.ftc.gov.

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Action solves problems and gets answers for you. If you have a question, or your attempts to resolve a consumer complaint have failed, write: Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, 893-8171, or, outside of Pinellas, (800) 333-7505, ext. 8171, to leave a recorded request for Action. Names will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.

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