Gym payments

[LaNeYbOo]

Hey im new to this board and i'm gradually reading up on how to file for my bank charges back but thought i would post a question that has been niggling inside me for a while now...

 

I got a call around a year ago to come down to my local gym and have a free look around (quite spooky really because just the day before my partner and i had both said we would look into joining one) and so i went with my mum and had a look around... ended up signing up to the gym for 3 years for my partner and i.

 

Basically after a week i thought there is no way we're going to stick it (basically because of the rough area its in and the people who attend) and so i decided to cancel - which i was assured by the hunky australian was allowed. Needless to say that they refused cancellation and said it was in the small print that cancellation for ANY reason would result in payment of the full 3 years charges.

 

I ended up telling them i'd split with my partner and because he didnt sign for anything he wasnt obliged by contract to pay and so now i only pay one half of our gym bill.. but still its an extra payment each month that i have for the next two years i could severely do without!

 

Is there any get out clauses at all? unfair contract terms? i mean i know it says cancellation for ANY reason but surely that is unfair in itself ( the aussie had told me if i moved out of town, cancelled within 7 days, was injured or transferred the gym membership to someone else was all allowed)

 

got a funny feeling im stuck paying this damn company for another 2 years for EFF ALL!

 

Any info or gems of wisdom would be very much appreciated!

[theroyles]

Contact your local trading standards. They should sort it for you very quickly.

[pugsley]

bump

[artoo]

No way would a three year lock in be enforceable. 12 months is fairly standard and has been enforced in the past but I would find it hard to see any court upholding 3 years. If you cancel the contract they would have to sue you, but they would have to sue for damages. They would claim their damages to be the next two years payments but they would have a duty to mitigate those losses by getting new members in. I can's see them taking you to court over it, particularly if you claim not to have any money to make the payments.

 

Also you can claim that the representaions made to you when you agreed to sign up, induced you to agree, and that they are now in breach of those terms of the contract entitling you to walk away from it.

[artoo]

Oh here is an article about it: -

 

Gym'll fix it

 

By Sarah Modlock

18 January 2006

There was a nice health club just around the corner from where I used to live. Clearly, such proximity left no excuse for gym-dodging and so I joined up, paying a monthly fee by direct debit and discovered a whole new world of shopping - for workout kit. In the end, I spent more time in the steam room than anywhere else, seeing-off world-class hangovers. I had a 'circuit' designed for me by the coach and I sauntered along to quite a few Pilates classes but apart from that I can't say I was disciplined enough to get value for money. Pathetic eh?

The sad truth is that too many of us would rather take work home, do the ironing or, well, just about anything to escape the gym. Which is ironic considering how much we pay for this guilt-complex. And if you do admit defeat then getting out of your gym contract could give your patience a workout.

Private health clubs such as LA Fitness and Holmes Place tend to lock members into contracts of up to 12 months. If you decide you no longer have the time or the inclination to go, you end up having to pay the rest of the monthly subscriptions anyway. You could say it's your own fault for bailing out but this ploy costs consumers about £200m every year in wasted subscriptions, according to research by Sainsbury's Bank.

We are in the peak season for most fitness clubs - introductory offers and special deals abound. Some clubs waive their joining fee during January. But always read the small print to see what the rest of the deal entails.

Let's get physical

As the fitness market has boomed and health issues gained greater profile than ever, the problem of tricksy gym contracts became so bad that the Office of Fair Trading (OFT) urged health and fitness clubs to get their contracts into shape or face closure. This followed complaints from gym users about unfair terms.

The main areas of concern are clubs attempting to exclude liability for death or personal injury under any circumstances. So if are injured because, say, a piece of gym equipment is broken, they claim 'It's not our problem'. By law a gym cannot limit or exclude responsibility for death or personal injury caused by its own negligence. It can also be unfair if the club tries to avoid any responsibility if you have property lost or damaged due to the club's actions or negligence.

'Attempting to exclude liability for matters such as death or personal injury is a very serious matter and cannot be allowed to continue,' says the OFT's Penny Boys. 'Clubs must ensure that they comply with the regulations. If they continue to use unfair terms, OFT will take enforcement action,' she explains.

Cancellation terms are another area which caused the OFT concern. And they are not alone. Problem-solving charity Citizens Advice has issued a warning for people to beware of the unscrupulous sales tactics used by gyms. Citizens Advice is concerned that many people sign up to join a gym as one of their new year's resolutions, but when they decide to cancel their membership, they discover that they are unable to do so.

Evidence from Citizens Advice Bureaux around the country shows that many gyms do not clearly state that they are asking customers to sign a credit contract. In many cases the terms of the gym membership, including how to cancel, are detailed in very small print, which customers rarely read and the sales staff fail to explain when signing new members. Some require up to three months written notice. Others offer the chance to cancel within the first 12 weeks but only if you have met specific criteria such as attending an induction within seven days of joining and making at least 24 visits in the first 12 weeks.

Rolling membership agreements with no fixed minimum period also require notice to cancel. Be aware some clubs may try to automatically renew your membership without your permission or try to get you to renew it long in advance of your current membership expiring. This may be an unfair term so get advice if you have been caught out like this.

Feel the burns

'Gym credit deals often overstep the mark,' says Teresa Perchard of Citizens Advice. 'We see evidence of gyms ripping people off by failing to point out exactly what they are signing for. People mistakenly think they are setting up a direct debit to pay their fees 'as they go'. It is only when they try to end the contract that they realise they have signed a credit agreement that they cannot get out of for a long time,' she adds.

The law relating to gym membership is the same as that for any goods and services. A contract cannot be disregarded simply because the member has decided they no longer wish to be a member of the gym. Whether you can cancel or not depends on the small print.

Of course one way to avoid the hassle of contracts is to use local authority gyms - much better than they used to be and great value for money.

Some general tips:

• Speak to existing members to see if they are happy with the service.

• If you don't understand anything, ask and don't sign until you are happy they have explained everything properly.

• Most importantly, read the contract thoroughly before you sign up to anything and make sure it covers everything.

Find out more about getting the most from your gym membership. Read the Office of Fair Trading's leaflet 'Are they fit to join?'

[LaNeYbOo]

thanks for the replies, im guna get in touch with the OFT, having googled the gyms business name (ashbourne managment services ltd) i see they have already been pulled up on unfair contract terms back in 2000.. although it seems my contract is in keeping with the new terms im still guna give it a bash, its ridiculous that im paying so much money and ive only ever steppd foot in the place for an hour tops.