Fitness First Fines Members For Forgeting Their Membership Card

[bonzo007]

I have been a Fitness First member for around 5 years, I attend every day & as a result Im know by all members of staff at my local FF as is my 17 year old son is also a member.

 

We have never missed a debit payment & we keep ourselves to ourselves & never cause any problems whatsoever, tonight when we went to train my son had forgotten his membership card as most people do sometimes & as a result he was denied entry unless he paid a fine of £2, after the 12th of September this fine is being raised to £10 in such an event with a zero tolerence policy on members who forget their cards.

 

Please can someone tell me as we are paying a monthly fee by direct debit for a service to be provded by FF can they deny us entry in this way?

[389shell]

No advise I'm afraid, but I can see them losing A LOT of custom over this.

[seftonview]

I don't feel the law would be on your side to challenge this I'm afraid.

[MrShed]

It would really depend on the terms and conditions of your contract with them I imagine, in particular those regarding the ability to access the gym. There is a similar situation at my gym, which is a bit annoying(although hasnt affected me yet), as I do feel it is nothing but a money making exercise. I think that the clear basis if you wanted to LEGALLY challenge(which clearly you wouldnt do) is that to my mind(and someone please correct me if I am wrong), this CLEARLY falls foul of UTCCR in exactly the same way the banks do - unfair penalties.

[seftonview]

It would really depend on the terms and conditions of your contract with them I imagine, in particular those regarding the ability to access the gym. There is a similar situation at my gym, which is a bit annoying(although hasnt affected me yet), as I do feel it is nothing but a money making exercise. I think that the clear basis if you wanted to LEGALLY challenge(which clearly you wouldnt do) is that to my mind(and someone please correct me if I am wrong), this CLEARLY falls foul of UTCCR in exactly the same way the banks do - unfair penalties.

 

I don't think this amounts to a penalty in the same way as bank charges are - it doesnt seem to arise out of a breach of contract. If you didn't want to pay the £10, you wouldn't have to - you just couldn't enter the gym without your membership card.

[MrShed]

Hmmm fair point - I suppose the terms could state "must present card" in which case they are just providing a service...?

[Michael Browne]

Do they actually call it a fine or is it something like temporary card fee.

 

I'm sure that their T&C's would mention that the membership card has to be shown at each visit, so they could just refuse entry

 

You wouldn't expect to be allowed to travel on a train if you'd forgotten your seaon ticket

[seftonview]

Do they actually call it a fine or is it something like temporary card fee.

 

I think I see where you're going with this - even if it is referred to as a fine or a penalty, it doens't necessarily make it so in terms of the law.

[Michael Browne]

I think I see where you're going with this

Thank God for that, because I wasn't too sure myself:D

[aj84]

Both my local FF have usually only regulars attending... I know all the staff and 99% of the people there I know by face

I know for a fact that 50% of them have forgotten their card and even today, noticed one or two forget it

But there was no fine.

 

On another note, you signed based on X contract

Surely if the fine is not on this, they are in breech? I have no idea where my signed copy is so I can't read of it but who knows

You're on the system, you can confirm your identity, the staff can too, you pay monthly... if you were getting a replacement card then maybe a fee is ok (most charge what £5?) But £2 everytime you forgot... I don't agree with that!

[mcjohnson]

IMO this represents a fundamental change to the terms and conditions of your contract with Fitness First, as you have not agreed to this tariff of charges which have been implemented subsequent to your signing your contract.

 

Whilst FF could make some changes without your consent (such as opening hours, provision of some services, etc...) fundamental changes to the contract, particularly those which result in financial harm to one party, have to be agreed before they are implemented.

[Greendeco]

When I joined a gym I signed a cancellation form which stated they could charge £100 if I failed to adhere to the cancellation policy. I have just had it confirmed that this form is legally unenforceable by trading standards who have advised the gym to drop it.

They have also been told to make their contract clearer as it says annual membership in huge letters when it is actually a continuous membership (in the small print)

 

I would get in touch with your local trading standards and ask them to investigate this as they were very helpful to me.

[Kenobee]

A growing problem, which seems tedious to me as many gyms now employ databases. It seems as though a deskjockeys are now making gym policy and don't understand that just because they got annoyed at having to do work, making it a policy to charge for forgetting a membership card will result in a lower christmas bonus.

[poza78]

can someone help here, i'm trying to cancel my membership with total fitness because i am having an operation on my knee in november. I rang them but was told that I will have to pay the remaining 7 months subscription or freeze the membership at a one off fee of £25. I would rather call it a day on the whole thing now. any help please??

[butty_a]

start a new thread and I am sure people could help you, I left FF and they wanted 3 months I think (years ago now). I just stopped the payment, they rang me I said I had sent a letter giving them my notice, they accepted that and nothing more was said. get looking through your contract for any caluses that might be of use and ask away in another thread. If your having a knee operation wouldn't you get some kind of physio after that that you can do your self, might be worth postponement.

[poza78]

thanks butty_a,

 

I've made some progress and will stick all details in a new thread - TOTAL FITNESS MEMBERSHIP

[legalpickle]

IMO this represents a fundamental change to the terms and conditions of your contract with Fitness First, as you have not agreed to this tariff of charges which have been implemented subsequent to your signing your contract.

 

Whilst FF could make some changes without your consent (such as opening hours, provision of some services, etc...) fundamental changes to the contract, particularly those which result in financial harm to one party, have to be agreed before they are implemented.

You are not completely correct. They have the right to make fundamental changes providing the customers are notified and given the option of terminating the contract without penalty or continuing in accordance with the new terms.

 

The do not however need the customers permission to change the terms.