Xercise4Less - Signed Contract @ 17

[Yale]

Hello,

 

I signed up to my local Xercise4Less before it opened. I think I signed up at the end 2013 and the gym opened in December 2013 or January 2014.

 

I signed up for the 12 month contract though I do not possess a copy of it. I was 17 when I signed the contract.

 

I am 18 now (I have been since March) and was wondering if it would be possible for me to cancel my contract early. The reason for this being the gym isn't living up to what I expected it to be; it's almost always overcrowded, for the amount of members the equipment is lacking and a lot of it is always broken. Not to mention the management seem to make up rules when it suits them.

 

I am thinking of switching to somewhere more suitable (a more serious gym) pretty soon and obviously if at all possible I'd like to stop payments to Xercis4Less. My latest payment to Harlands was on the 16th of June, which I think means I still have July, August, September, October, November and December remaining.

 

Is there anything I can do?

 

-Yale

[BankFodder]

Have you visited the gym at all since your 18th birthday? If so, how many times?

 

I think that before you should go you should have one last look and make note of the broken equipment and an idea of the numbers of people there are and and how much equipment there is there and what type.

 

Are you paying by direct debit?

 

As you made the contract when he was 17 years old – before you reached your majority, you would be entitled to cancel it at any time up until your 18th birthday or as soon as possible after your 18th birthday. On the other hand if you have been visiting the gym since you became 18 then it could be argued that you had ratified the contract during your majority and so you would not benefit from the rules relating to minors.

 

Of course, once you cancel, they will start putting you into procedure and getting debt collectors onto and trying to smash up your credit file. You need to be prepared for this kind of treatment.

 

If you feel that you have got a good case about the quality of the service that is being provided then you are in an extremely strong position. Do you know anybody else there who has the same opinion of the facilities on offer? If you do then it will be very helpful to get their contact details. If they are thinking of leaving as well then it will add even more strength to your case.

 

Do not do anything on the telephone or give any cancellations on the telephone. Everything must be in writing.

[slick132]

Hi Yale and welcome to CAG

 

If you have used the gym since your 18th B/day, I think you should do as BF says and visit the gym and make notes of :-

 

1. How busy it is.

 

2. Whether it's possibly overcrowded with people queuing to use equipment and waiting too long.

 

3. What equipment is out of order, broken or unusable and discreetly take pics as proof.

 

4. Whether the shower/toilet facilities are clean and in good working order.

 

If you cancel, Harlands and then CRS will be on your case quickly making threats and demands. However, they are pretty harmless and tend to do little or nothing of any consequence.

 

One bit of good news - Harlands and other gym admin co's do not report gym "debts" to CRA's so this should not affect your CRA files for the future.

 

I would still use the "Under 18" argument when cancelling as it will be the simpler route and Harlands may not have a good argument against it.

 

[Yale]

In reply to BF:

 

I have been to the gym since my 18th, but not often. I took a long time off because of college and I've been working since the end of April which has been leaving me exhausted. I couldn't tell you an exact number.

 

Yes, I get debited around the middle of every month.

 

Had I known that I would have cancelled before March, the gym wasn't the best even from the go. The management invented a new rule (which they haven't exactly stuck by) a few months ago, maybe February, preventing people from taking bags into the training areas. I unknowingly broke this rule (they didn't inform anyone other than updating the tiny A4 things stuck on the odd wall) and towards the end of my session they threatened to ban me from the gym and continue to charge me for the year (without allowing me to explain). From what I've seen they pick and choose who they warn and they seem to have stopped altogether lately.

 

Yes, I have looked into that. I couldn't find any information/stories regarding cancelling during the contract period (would help if I had a copy of the contract), though I know to expect 'admin charges' and 'penalties' if I do cancel.

 

I have spoken to other people when training (mostly the people who are clearly more serious about training) and they seem to share the same opinion about it being busy and the lack of racks in particular. During my sets using the rack I can sometimes be asked by 3/4 people how many sets I have left, and that leaves out the people who are too shy to ask.

In reply to Slick:

 

I will take notes tonight. If we're talking cardiovascular equipment then all the treadmills can be in use at once, but I mainly use the weights. The bikes, rowing machines and steppers I'm not too sure about. Any cardio I do is usually outdoors.

 

I'm not sure if anything will be broken or out of order but sometimes there's more than one machine unusable and it can take a while for them to be repaired.

 

Regarding the showers/toilets/changing rooms, I have never had a problem with them. Showers have always been working from what I've seen and the only things I've seen out of order are the hairdryer and odd sink.

 

Yes, that's good. I was just working out if it would be worth my time and effort to cancel. As you can imagine I'd rather not pay for something I'm not using. £9.99 a month does add up. I will be much more selective and wary about any contracts in the future, especially ones of which are larger in scale! I think I'll avoid gym contracts altogether!

[slick132]

Hi Yale,

 

Let us know how the latest visit went and if there were machines that were out of use.

 

Then we can suggest how you can best move this forward.

 

[Yale]

Hello,

 

Okay. So I've used the gym 23 times (including today) since my 18th.

 

When I arrived today the treadmills were completely full and it was absolutely roasting! About half the bikes were in use. The squat rack wasn't as busy as usual and I managed to jump straight on one (the other was in use). The gym in general though was pretty crowded (most of the weight machines in use, groups of guys stood around certain equipment).

 

Three machines were out of use today, I have attached photos of all three plus a close up of the sign.

 

[ATTACH=CONFIG]51958[/ATTACH] [ATTACH=CONFIG]51955[/ATTACH] [ATTACH=CONFIG]51956[/ATTACH] [ATTACH=CONFIG]51957[/ATTACH]

 

The showers/sinks/toilets/changing area looked to be fine.

 

I forgot to mention another of the 'unwritten' rules they seem to have. I don't do these movements myself but they're something I plan to do in the future. I was talking/training with a guy a few weeks ago who says he's been threatened to be kicked out a few times for doing things like powercleans because they're 'dangerous' and 'damage' equipment.

 

Not sure if I missed anything!

 

-Yale

Edited July 2, 2014 by Yale
the word 'forgotten'

[slick132]

Hi Yale,

 

........ he's been threatened to be kicked out a few times for doing things like powercleans because they're 'dangerous' and 'damage' equipment.

 

-Yale

 

Can you explain what powercleans are ?

 

So you found 3 bits of equipment out of order today. That would be 3 out of how many roughly ?

 

It's probably also relevant to know if they get repairs done quickly or if they remain out of order for anything more than a day or two.

 

[Yale]

A powerclean involves pulling a barbell from the floor up in the air (around chest level) and pushing your elbows out. I know that's not really the best explanation, but the bar basically starts on the floor and ends up resting just above the chest. It's a powerlifting movement.

 

There are quite a lot of machines in all honesty, but all are designed to target different muscles. There could be about 20-25 machines altogether (there's one area dedicated to cable machines and another to machines that use plates) but that's a complete guess. Sometimes I've seen the 'out of order' signs on broken machines the whole week of training, maybe longer.

[slick132]

Hi Yale and thanks for the explanation.

 

Normally if you wants to cancel a gym agreement because of poor equipment or overcrowding, you'd start off by putting your complaints in writing. You'd tell the gym they have maybe 14 days to remedy matters, failing which you'll cancel with immediate effect for breach of the agreement.

 

But in your case, if you really want to leave the gym asap, I think you need to use the argument that the agreement was signed by you as a minor, as well as your complaints about the gym.

 

The letter will need to be taken to the gym and get staff to sign a second copy for you to keep as proof of receipt. Or you can write to their head office using RM Signed For delivery.

 

You could write a draft letter and put it here for comments. Keep the complaints about overcrowding, equipment, etc brief.