LA Fitness - In breach of contract? Dirty facilities! Doctors note?

[sking87]

Hi All

I posted a comment about this on another LA Fitness thread so thought I would start my own, stating my case.

 

I have no objection to the fact that I signed a 12 month membership agreement which doesn't expire until August 2011. Thought I'd clear that up first.

 

My problem is that I have attended the Derby gym only 7 or 8 times and almost immediately I caught 2 viruses - warts on my hands and feet, and multiple verrucas.

 

I've been to my GP, I am continuing with treatment and I'm told the above is likely to last about 6 months. I feel so embarrassed about it - its completely disgusting! (I have no prior history of either of these skin complaints - never had this in my 23 years of being!)

 

I have complained to LA Fitness 5 times. The first 2 times were verbally to the staff on the reception desk - I was not asked to complete any complaint forms, they just said they would deal with it. This was not to tell them ive caught verrucas etc this was just to tell them the ladies absolutely stinks, theres sanitary items and hair everywhere, and the showers are blocked.....The last 3 times have been in writing. I have written letters to both the gym directly and also to Member Relations - I have copies of everything, and I have stated the health issues I have contracted.

 

I've never received a letter in response. All I have received is an email saying nobody else has complained, the manager has tried to contact me with no success [?! NOBODY has contacted me!!] and the pool is cleaned X amount of times per day, with the gym equipment only actually being cleaned ONCE per day ?! They maintain I need to keep paying.

 

My dilemma is, there is probably something in the T&Cs somewhere which states how often the facilities are cleaned, but where do I stand over the quality of the actual cleanliness? The Derby gym is completely disgusting and I have no intention of going back, or paying them any more of my hard earned cash. Surely they are in breach of their terms here, by not providing a safe and clean environment to exercise in? In telling me I should continue to go back and keep using it they are encouraging somebody with viral skin problems to use their facilities, thus spreading it to everyone else and increasing the risk ?! OK so I could swim in gloves and socks... but who wants to do that?! I dont want to keep attending this dirty place. Ive also caught conjunctivitis due to dirt from the pool getting into my contact lens... and I was wearing goggles !!

 

I have applied a sting in the tail this morning and reported them to Environmental Health. I really do feel this place needs to be inspected and brought to task over these issues. I also feel they must be in breach of their terms and so I am within my rights to request cancellation due to the discomfort their negligence has caused me.

 

What do you think???

p.s - despite horror stories over debt collection agencies, threatening letters, bad credit etc I have cancelled my direct debit. LA fitness are clearly not willing to acknowledge my issues with any degree of seriousness. I feel they have given me no choice

[sking87]

for info - I have spoken to Consumer Direct for some advice and the lady told me I should immediately reinstate my direct debit mandate as I am in breach of my contract with them regardless of what they are guilty of.

She also said I would have difficulty in proving that my problems were a result of using their dirty facilities and that I should consider this!

Lastly she said informing the EHO is OK if I have real concern about the hygiene there as the premises will be licensed from the council etc, but this might not be enough cause to cancel my agreement with them because it might not stipulate in my agreement that they need to keep the facilities clean?!

 

I find it so hard to believe that a national establishment can get away with this. How can it not be in the T&Cs of a gym that they agree to keep the environment clean? I'm not happy!! Any other thoughts please?

[slick132]

Hi Sking,

 

I agree that you are not well placed to PROVE that your skin problems are a direct result of using the gym facilities.

 

However, I think you have every right to cancel your membership if you believe the gym is responsible.

 

Furthermore, you have good cause to cancel if the facilities are not kept in good clean order. Have you taken photos of the problem areas as this may well be useful in proving that you have genuine concerns. Pics of dirty areas, blocked drains, sanitary items, etc.

 

Have you had the letter from your GP yet (you mentioned this on Blesshim's FF thread). Does it recommend that you stop using the gym and/or give any specific reasons for this advice.

 

Personally, I would cancel the DD, despite the warning from Consumer Direct. FF will just continue to ignore your concerns and maintain that you must pay for the initial m/ship period. They will also probably make it difficult even when you try to cancel at the end of the 12 months - many of the gyms tend to ignore or lose letters about cancelling.

 

I you cancel the DD, watch your credit files after 2 or 3 months in case the gym or their Admin Co post any adverse credit markers. This should be challenged vigorously.

 

8-)

[sking87]

Unfortunately no I havent got any photos of the condition of the place but I wish I had done.

Its been months since I have attended now, as soon as I came down with the skin problems I stopped going, and I've misplaced my membership card as I havent been using it. I'm told I've got to pay £10 if I want another one so I've given up on that idea.

 

I got another letter from them in the post yesterday saying I owe £30.60 for Januarys unpaid membership. I contacted credit control and I explained that my account was supposed to be suspended pending investigation and unresolved complaints - the lady told me she basically wasn't interested, shes just there to take payments. great.

 

She advised that she could send me a copy of the T&Cs however my "illness" would not warrant cancellation of membership, Doctors note or not. Ive spoken to my GP about it and told them how much pressure they are applying for me to keep paying, and he said basically that its not uncommon to catch these things at the gym because theyre dirty, sweaty places, but theres no guarantee thats where its come from. SLIGHTLY coincidental though? Ive never had skin complaints in my life, and a month after attending LA fitness here they are........... Sounds like the Doctor will write me a note if I pay for one, but its just more expense & I don't think it will do me many favours.

 

After some negotiation with LA Fitness, and advising them that I've reported the Derby site to EHO, they agreed to take £100 as payment for cancellation of the contract and they'd leave it at that. If I had continued with monthly payments it would have costed £245.12, so it was the best option.

 

I am going to fight them over this £100 and I'm determined to get it back one way or another. I've had trouble with credit scoring in the past due to unscrupulous companies so on this occasion I felt it best to just pay them off and shut them up - although I was loathed to do so. Their Member Relations phone number is a joke - you can just hang there holding for an hour and nobody answers.

[slick132]

Hi Sking,

 

If you've already paid them the £100, leave it at that. You will really struggle to get it refunded and I think taking this case to court would be dodgy.

 

If you'd stuck to your guns, you could probably have got away with paying them no more. But this would have involved considerable time and effort.

 

If the matter is resolved for £100, I think you have achieved a reasonable result.

 

Waste no more time on them, move on and stay healthy.

 

8-)

[sking87]

Much as I do agree with you in that a] ive paid up so ive not helped my case and b] theyre not worth any more of my time - I dont agree because unless people really shout about it and make known how bad they are nothing gets sorted and they keep conning more people.

 

Its unfortunate on this occasion that ive spent years rebuilding my credit rating and my personal circumstances mean that its not worth the damage they can do for £100. Otherwise I would have taken the hit and kept fighting over it.

 

The fact ive reported them to the EHO still remains and Im going to chase that down to make sure the place is inspected, and I want to see the results if theyll release them!

[Naxxas]

i would put some pressure on your local council to spot check them, call them and explain what youve seen, private property or not all gyms have a duty of care to their customers to ensure a safe and clean environment.

I strongly feel they are in breach of their licence conditions (which is approved by the council to run the gym) i mean jesus, my local tescos cleans their toilets better!

 

verucas are bacterial infections, they cant just be caught walking around in your shoes, ofcourse they came from the Gym! It is also possible for the infection to be transmitted indirectly from an object, such as a towel, or by contact with a contaminated surface, such as the surface surrounding a swimming pool or those concrete floors in showers they are so fond of, whilst a gym cannnot 100% stop people getting them, if they are shabby in their cleaning routines they have failed in their duty of care to you and should be brought to task on it.

[sking87]

Thanks for your comments

I completely agree with you

 

Ive been to some lovely gyms in my time and I can honestly say I dont think its acceptable for people , particularly my GP, to dismiss them as "dirty, sweaty places" - They shouldnt be dirty - we pay enough money for private memberships! Why shouldnt the facilities be properly maintained?

 

JJB and Bannetines are fantastic places, Ive also been to The Village Hotels gyms and theyve all been spotless. Cant praise them enough - except the cost of their memberships! I guess you really do get what you pay for. To be honest even our local Council swimming pool is 100% cleaner than LA Fitness.

 

Ive written to Environmental Health detailing what ive seen , urging them to do an inspection of the premises. Whether they do or not I dont know, but I am going to follow it up with a phone call in a weeks time to make sure theyve received the letter and its on the 'hit list'.

 

I dont think its fair that just because warts and verrucas are a minor health issue that everybody should be dismissive of it. Its still dirty, its still an infection... It shouldnt be happening! LA Fitness in Derby had the cheek to tell me that nobody else has complained and I'm just being fussy. ..... I highly doubt that somehow.

[Naxxas]

this is why i dont go to gyms (other than the fact im fat and cba )

 

plus i begrudge paying someone to look fatter next to all the other fit people

 

but also shabby conditions, they all gleam and sparkle at the reception desk! with the waife blonde receptionist who leans over the counter to lure you in with her cleavage (yes that worked on me once)

ive never actually been in a really bad one myself, but i would certainly cancel my membership if i felt i wasnt getting what i was paying for.

[sking87]

As an update for all who have posted

 

The manager at the Derby branch phoned me yesterday evening.

 

What an ar**hole.

 

His exact words were, "you clearly think youve caught your diseases from here, but nobody else has complained, and if there were verrucas going around loads of people would have caught them"

 

DISEASES? This is embarrassing enough for me without being spoken to like that. I challenged him about it and I was seriously cross. There wasnt much he could say to me except relentlessly defend "his gym", which makes no difference now anyway because I've cancelled my membership.

 

He said "Theres no point in trying to reassure you that I'll make every effort to check on the facilities, because I can see youve already reported us... " blah blah. Too right!

 

He seems to think the ladies are spotless in one breath, but in another breath he says hes not allowed to go in there while its in use... SO HOW DOES HE KNOW?! It makes me laugh that he says he goes in to check in the evening (after the cleaners have been in and they know the boss is coming to check)

 

All in all what difference does it make? Its a cheap gym, I think people have been going with these dirty infections, spreading it around, and because its not cleaned as it should be others are catching it. They tried to say ive caught it from somewhere else, but I dont exercise anywhere else..... I dont swim anywhere else...... I dont even walk around my apartment barefoot because Ive got laminate flooring.

 

LA Fitness are complete con artists. They get out of every aspect of customer care by either ignoring you or speaking to you like dirt! They push you to keep going even if you have skin infections, which ultimately means you spread it to others, then they don't want to clean the place properly because that requires investment on their part...............