Anytime Fitness Help

[ozy8510]

Hi All

 

I was wondering if you can help me wth regards to my membership at Anytime Fitness.

The membership went live in Feb as this was a new club that opened,

I signed up in person end of Dec in a pre sales event,

I've never seen the contract or signed one to my knowledge.

 

The first time I have seen the contract was today

when I asked to see it as I'm wanting to exit my membership.

They have messed my membership amount up two months running,

firstly putting me on a higher tariff to what was agreed

then the second month missing off my discount for a friend referral.

They said they would give me the cash next time im in.

 

Where do I stand if the club can't provide a signed contract to me?

How do I formally ask for one to see if they have one would I need to SAR them?

 

Many Thanks in Advance, I'm sure I've missed some details off so please ask if I have

[citizenB]

I would think you need simply write / email them asking to provide a copy of the signed contract for your records.

 

Do they have a head/registered office ? Send your request there.

 

Someone with more knowledge of this will be with you later on today.

[Bazooka Boo]

It seems these Gyms are franchises, so it's no wonder you received poor customer service.

 

Which one did you join?

 

What does your membership agreement say about cancellation? As each one is separately owned it would be interesting to see if they have different cancellation procedures that fail the guidelines and are longer than three months.

 

This is their head office, or Master Franchisee information, as they call it,

Anytime Clubs UK Ltd

Unit 7B, Building 6, Croxley Business Park

Hatters Lane, Watford, WD18 8YF

 

However, dependant on what the contract says about cancellation I would contact the gym in question, IN WRITING, first to cancel, and see what they fire back at you.

[ozy8510]

I joined the Southend one which opened 1st Feb

 

This is the termination section of the Agreement, today is the first day I've seen it having signed up during a pre sales event in December.

 

8. Termination:

You may terminate this agreement in the following circumstances:

8.1 Notice: You may terminate your membership by giving Anytime Fitness at least 1 calendar month's written notice which shall expire either on the Commitment Period end date or at the end of the immediately following calendar month. Cancelling your direct debit instruction for the payment of fees is not sufficient and does not constitute service of written notice;

8.2 Cooling off period: You may terminate your membership within the first 7 days of this agreement by giving written notice to the manager of the club. If you cancel your direct debit instruction for the payment of fees this does not constitute service of written notice.

8.3 Medical: you may terminate this agreement by giving Anytime Fitness at least 1 calendar month's written notice if you are unable to use the Club through serious illness or injury likely to preclude you from using the Club for a period of least 6 calendar months. We reserve the right to require reasonable evidence of your illness or injury - e.g. doctor's certificate before we accept notice of termination in these circumstances;

8.4 Pre-Sale: in the event that this agreement was made during a specific pre-sales period and you became a founder member you may terminate this agreement by giving Anytime Fitness at least 1 calendar month's written notice within 14 days of the official opening date of the Club;

8.5 Relocation: if you move outside of a 15 miles radius of the location of the Club within the Commitment Period and you decide that it is not practical for you to attend the Club and an alternative Anytime Fitness club is not located within a 15 mile radius of your new address. You shall be entitled to terminate this agreement by giving Anytime Fitness at least 1 calendar month's written notice which shall expire at the end of the immediately following calendar month. Proof of new address such as utility or council tax bill to be provided at the same time as the written notice of termination.

8.6 Redundancy: In the event you are made redundant from your main employment you may cancel your membership on providing a redundancy letter with a written notice to the club manager who will evaluate your cancellation request. The membership will terminate 1 calendar month following the acceptance of cancellation.

[Bazooka Boo]

OK, is there anything in the contract about their responsibilities?

 

I.E., if the gym doesn't have regular shower facilities for its members then they have failed to keep to their part of the contract and you would be able to cancel.

 

If you're paying by DD, then you can reclaim the incorrect fee back from the bank under the DD guarantee.

[ozy8510]

OK, is there anything in the contract about their responsibilities?

 

I.E., if the gym doesn't have regular shower facilities for its members then they have failed to keep to their part of the contract and you would be able to cancel.

 

If you're paying by DD, then you can reclaim the incorrect fee back from the bank under the DD guarantee.

 

I can post the entire agreement up if you like, there isn't anything to identify me on there just some dates? I can't see anything in it about responsibilities.

 

How does the DD guarantee work, I've never looked into it before

 

THanks for coming back to me

[Bazooka Boo]

Here's the DD guarantee and an explanation.

https://www.directdebit.co.uk/DirectDebitExplained/Pages/Incorrectpayments.aspx

 

But in laymans terms, if the gym was supposed to take 9.99 a month, and one month they took 10.99, without giving you 30 days notice first, then you can tell the bank that that is not what your DD should be and you want a refund.

 

If you can scan and post up the contract, that'd be great, just ensure it doesn't have any identifiers on there, ref numbers etc.

[ozy8510]

This is the agreement, I've taken out the dates, there's nothing else in there meaning it relates to me

 

I'll get in touch with my bank, it's only £4, but it's not the amount, the gym shouldn't have messed up

 

Terms and Conditions

 

1. Definitions:

 

1.1 Anytime Fitness or We or Us: CPMP Fitness Limited t/a Anytime Fitness Southend.

1.2 Member or You: Member of Anytime Fitness Southend

1.3 The Club: the members fitness club operated by Anytime Fitness at Anytime Fitness Southend

 

2. Membership:

 

2.1 By signing this Membership Application Form you agree to comply with these Terms and Conditions of Membership and the then current edition of the Club Rules as may be amended by Anytime Fitness from time to time at its discretion throughout your period of membership.

2.2 You will only be permitted to use the Club facilities provided your membership is current and fully paid up or you have made payment arrangements acceptable to Anytime Fitness.

2.3 You will have a period of seven days from the date of submitting your application in which to cancel your membership and receive a full refund of any fees paid. If you wish to exercise your right to cancel then you must contact Anytime Fitness within seven days of the date of submission of your membership application and prior to the commencement of the use of the Club's facilities. This does not affect your statutory rights

 

3. Duration:

 

3.1 When you join the Club you are agreeing to remain a member for a minimum fixed commitment period from the start date of **/**/2016 to the end date of 31/01/2017 (subject to extension if placed on freeze/suspension) (the "Commitment Period"). If you choose to pay your membership fees monthly your Club membership will continue automatically after the Commitment Period end date at the fee rate applicable to your membership type at that date, and your membership may be terminated by giving 1 calendar months notice in writing as set out below. If you choose to join the Club by paying your Commitment Period membership fee in advance, your Club membership will terminate automatically on expiry of the Commitment Period.

3.2 If you join the Club prior to the opening of the Club, your Commitment Period will commence upon the official opening date of the Club.

 

4. Membership Fees:

 

Anytime Fitness will set the level of membership fees and will review such fees periodically. Anytime Fitness reserves the right to change the level of fees from time to time, but guarantees that the level of your membership fees will not increase during your Commitment Period. We will give you at least 30 days written notice of any changes to the levels of membership fees.

 

5. Default and Late Payment:

 

5.1 If your bank fails to make a due direct debit payment from your account, we will write to advise you of this. We may apply to your bank for payment by direct debit twice within one calendar month and we reserve the right to refer any missed due payments to a debt collection agency. We may charge a fee of no more than £15 for failed direct debit payments and of no more than £5 for letters sent to you in respect of unpaid amounts.

5.2 Should any membership fees not be paid within 30 days of the due date, the full membership fee for the remainder of the Commitment Period will automatically become due and payable. During any period in which membership fees are not paid Anytime Fitness may suspend your membership and deactivate your key access card so that you cannot access the Club.

5.3 Any unpaid and overdue membership fees referred to a debt collection agency will be subject to a surcharge of no more than £30 to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred in the collection of the overdue membership fees will be your responsibility and will be legally recoverable from you.

5.4 We may appoint a payment processing agent to receive and collect your monthly or annual direct debit instalments and in respect of payments made by direct/credit card. There will be no extra cost to you for these processing services supplied by such agent.

5.5 We may charge a reasonable fee of up to £50 for any of the following events: replacing lost membership cards or key security card and transferring memberships and any other event which we consider fair and reasonable.

 

6. Active Referral Scheme:

 

6.1 Anytime Fitness may operate a referral scheme from time to time whereby you will receive a financial benefit for introducing new members to the Club. If the member you introduce joins on a Direct Debit membership, you will receive the benefit monthly (in arrears and after the first Direct Debit payment has been made by the referred member) against your account or your monthly Direct Debit fee, with the following conditions:

 

6.1.1 You will only receive this benefit if your membership, and that of the referred member, are both current.

6.1.2 You will only receive this benefit if the referred member is not on freeze or suspended.

6.1.3 The amount you benefit is fixed at the time of the referred member joining the Club. This will only change if the member you refer changes their type of membership, in which case the benefit you receive may be increased or reduced accordingly.

6.1.4 Anytime Fitness reserves the right to set a limit as to the number of members you are able to refer.

 

6.2 If the member you refer joins on an annual membership, you will receive the benefit due against your account or your monthly Direct Debit fee as one lump sum upon the referred member joining the Club and paying the annual membership fee.

 

7. Suspension of Membership:

 

If you are unable to make use of the Club facilities by reason of illness or injury, you may suspend your membership for one continuous period of at least 1 month and a maximum of 3 months. To suspend your membership 30 days written notice must be given to Anytime Fitness and we shall have the right to request a doctor's certificate to confirm your illness or injury. A reduced monthly fee will be charged during the period of suspension of membership. Any suspension during the Commitment Period will extend the length of the Commitment Period by the length of the period of suspension. Notice to terminate membership cannot run concurrently with a suspension period.

 

8. Termination:

 

You may terminate this agreement in the following circumstances:

 

8.1 Notice: You may terminate your membership by giving Anytime Fitness at least 1 calendar month's written notice which shall expire either on the Commitment Period end date or at the end of the immediately following calendar month. Cancelling your direct debit instruction for the payment of fees is not sufficient and does not constitute service of written notice;

8.2 Cooling off period: You may terminate your membership within the first 7 days of this agreement by giving written notice to the manager of the club. If you cancel your direct debit instruction for the payment of fees this does not constitute service of written notice.

8.3 Medical: you may terminate this agreement by giving Anytime Fitness at least 1 calendar month's written notice if you are unable to use the Club through serious illness or injury likely to preclude you from using the Club for a period of least 6 calendar months. We reserve the right to require reasonable evidence of your illness or injury - e.g. doctor's certificate before we accept notice of termination in these circumstances;

8.4 Pre-Sale: in the event that this agreement was made during a specific pre-sales period and you became a founder member you may terminate this agreement by giving Anytime Fitness at least 1 calendar month's written notice within 14 days of the official opening date of the Club;

8.5 Relocation: if you move outside of a 15 miles radius of the location of the Club within the Commitment Period and you decide that it is not practical for you to attend the Club and an alternative Anytime Fitness club is not located within a 15 mile radius of your new address. You shall be entitled to terminate this agreement by giving Anytime Fitness at least 1 calendar month's written notice which shall expire at the end of the immediately following calendar month. Proof of new address such as utility or council tax bill to be provided at the same time as the written notice of termination.

8.6 Redundancy: In the event you are made redundant from your main employment you may cancel your membership on providing a redundancy letter with a written notice to the club manager who will evaluate your cancellation request. The membership will terminate 1 calendar month following the acceptance of cancellation.

 

9. Key access cards:

 

9.1 A key access card shall be issued to you upon joining the Club and will be used exclusively by you to gain entry to the Club. Key access cards are not transferable and if you allow your card to be used by another person this is a serious breach of these Membership Terms and Conditions and will entitle Anytime Fitness to terminate this agreement immediately and without notice.

9.2 If your key access card is lost or stolen you must notify the Club immediately and we reserve the right to charge an administration fee for the provision of a replacement key access card.

9.3 Members who do not have their key access card will not be allowed into the Club during non-staffed hours, nor should they expect any other member to let them into the Club.

9.4 If you fail to pay your membership fees on the due dates for payment Anytime Fitness shall have the right to terminate this agreement by giving you written notice of its decision to terminate or at its discretion suspending your membership by deactivating your key access card until all overdue membership fees have been paid.

 

10. Maintenance of Club facilities:

 

The Club may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes. We reserve the right to add an annual facility maintenance charge of up to but no greater than the equivalent of 1 month's membership fees. If a facility maintenance charge is implemented in the future, you will be given a minimum of a 60 day notice of the amount owed and due date. You hereby authorize the designated billing company to collect this amount along with your regular Club membership fees.

 

11. Safety Notices:

 

11.1 The Club is under 24-hour recorded video surveillance and all key access card usage is logged. You may not bring in guests at any time without prior written consent of the Club. Furthermore, if this policy is violated, at the sole discretion of the Club, you may be charged a guest fee and/or your membership suspended or terminated with the full membership fee for the remainder of the Commitment Period declared due and payable and a penalty of £125.

11.2 It is your responsibility to wipe down the equipment and un-rack the weights they use.

11.3 You are hereby required to use the safety features of the equipment. If you are unsure how to use a machine, you should obtain instructions from the staff or personal trainers.

11.4 You are responsible for understanding how to operate the panic alarms and agree to use them only in case of an emergency.

11.5 Abusive language, threatening or violent behaviour, abuse of equipment, use of alcoholic or illegal substances, and smoking at the Club may result in suspension or termination of your membership with the full membership fee for the remainder of the Commitment Period declared due and payable.

11.6 No photography (including the taking of images through a mobile phone or camcorder) is allowed in any area of the Club.

11.7 Members must read all Health and Safety notices displayed in the Club and comply with their recommendations at all times. In particular you must observe all instructions regarding the safe and proper use of each item of fitness equipment in the Club, recognising that at times the Club will be unsupervised and that at such times you should not use any item of fitness equipment with which you are not familiar or in respect of which you have not previously received induction training from a qualified member of staff at the Club.

11.8 Persons under the age of 18 are not permitted in the Club.

 

12. Transfer:

 

Within your membership you have the option to use other Anytime Fitness Club. If over a period of 30 days, we find that you primarily use a particular Anytime Fitness Club instead of the Club, we may transfer your membership to that other club upon written notice to you. In such circumstances you will then be required to pay membership fees to the other club which may be more than the membership fees payable under this agreement.

 

13. Sale of Club:

 

In the event of the sale or disposal of the Club to another company or to any other person we may transfer your membership to the new owner. In such circumstances you will continue as a member of the Club and continue to pay your membership fees provided no changes to these terms or the Club rules having a material adverse effect on your use of the Club are made by the new owner. Any such disposal will not affect your contractual or statutory rights.

 

14. Status of Club (if applicable):

 

This Club is operated under the terms of a franchise agreement granted by Anytime Fitness Clubs UK Limited (the "Master Franchisee") which owns the master franchise rights to the Anytime Fitness franchise system in the UK. In the event the franchise agreement is terminated you agree that all of your personal data which has been gathered by Anytime Fitness acting as franchisee during the term of the franchise agreement may be transferred back to the Master Franchisee until such time as the Club is transferred to a new franchisee at which time the data will transfer to the new franchisee.

 

15. Notices:

 

Notices from you to the Club or Anytime Fitness must be in writing and addressed to the general manager at the Club. Anytime Fitness reserves the right to require evidence of posting or delivery where it has no record of receipt or the date of any notice appears inconsistent with the date of receipt. In these cases the notice will be deemed not given unless such evidence is produced. Any notice handed to personnel at the Club must be receipted. Notices from Anytime Fitness to you will be posted to you at your address in the membership records (or, where these terms permit, displayed on notice boards at the Club).

 

APPLICATION DECLARATION - BEFORE CLICKING THE ACCEPTANCE BUTTON PLEASE READ THE TERMS SET OUT BELOW AND ABOVE

 

I confirm that all of the above information is correct and wish to apply for membership of the Club under the standard terms and conditions which I have read and accept. In particular I understand the following will apply to my membership of the Club:

 

1. I acknowledge that my initial membership of the Club is from **/**/2016 and will end on 31/01/2017 (the "Commitment Period") (subject to extension if suspended by reason of my illness or injury) and agree to pay the membership fees in full due to the respect of this Commitment Period.

 

2. My membership will continue automatically after the end of the Commitment Period unless notice is given as required under the standard terms and conditions. After the end of the Commitment Period I may terminate my membership by giving at least 1 calendar months notice in writing, so that my membership terminates at the end of the calendar month after notice was given,e.g; if notice given in March my membership will terminate at the end of April.

 

3. I may request suspension by reason of illness and/or injury for one continuous period of at least 1 month and a maximum of 3 months. I understand 30 days written notice must be given to the Club and the Club has the right to request a doctor's certificate. I understand a reduced monthly fee will be charged by the Club during suspension. Any suspension during the Commitment Period will extend the length of the Commitment Period by the duration of the period of suspension.

 

4. I understand the risk of injury from fitness club activities and using any fitness club equipment is significant, including the potential for permanent paralysis and death, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that this is an UNSUPERVISED FITNESS CLUB and I assume all risks associated with using exercise equipment and exercising alone without the aide and presence of club staff on the premises. I understand the Club is independently owned and operated by CPMP Fitness Limited under the terms of a franchise agreement granted by Anytime Fitness Clubs UK Limited and that Anytime Fitness is a trademark of Anytime Fitness, Inc. which this Club has the right to sue under the terms of the franchise agreement

 

5. I acknowledge that Anytime Fitness recognise the importance of every new member undergoing induction training in the safe and proper use of the fitness equipment in the Club. I am aware that Anytime Fitness has recommended that as a new member I receive induction training. If I decide that I do not wish to undertake induction training I will seek advice from a member of staff if I am unfamiliar with a particular piece of equipment or type of exercise. Further I accept that I have opted out of the induction training in the knowledge that this is an UNSUPERVISED FITNESS CLUB and I undertake to consult staff on an ongoing basis in relation to the safe use of the Club's facilities and equipment

[slick132]

Hi Oxy and welcome to CAG

 

If the gym took an incorrect amount using the DD mandate, you can tell the bank you need that amount refunded in full. They can't refund the excess amount, only the full amount of the DD.

 

Before you seek a refund, can you fill us in with more info.

 

1. When you joined on the Pre Sales event, were you given any paperwork or agreement.

 

2. Did you get any email after the Pre Sales sign-up.

 

3. Apart from the mess-up with the DD pay't, why do you now want to leave the gym.

 

4. Did you sign up IN the gym or elsewhere.

 

From what I've read above, you're already past the 7 day Cooling Off period after signing up; and you're also past the 14 days cancellation window after the gym opened.

 

So unless the gym has failed in it's responsibilities to you, I'm not sure you have the right to cancel until you've completed the initial 12 month m/ship period.

 

[ozy8510]

Hi Slick, many thanks for your reply, please see answers below.

 

 

1. When you joined on the Pre Sales event, were you given any paperwork or agreement.

No I wasn't given anything, I had to ask for the agreement yesterday which is the first time I've seen it.

2. Did you get any email after the Pre Sales sign-up.

No I wasn't sent any emails.

3. Apart from the mess-up with the DD pay't, why do you now want to leave the gym.

To be honest I don't like the environment I'm training in, I'm quite picky in finding the right training environment.

4. Did you sign up IN the gym or elsewhere.

They had a pre sales office before the gym was open, a friend who worked there at the time signed me up.

[ozy8510]

Just to add when I signed up I was told I would be able to cancel within the first 12 weeks of opening, but that was purely verbal from someone who no longer works there

[slick132]

Hi Ozy,

 

Have you discussed your concerns with the gym staff or manager at all, about the environment or your wish to cancel because of it.

 

You say you're v picky about such things, so it would have been good if you'd tried it and cancelled when you had that chance.

 

You can try to cancel on the basis of their not administering the DD properly and failing to make the payment/adjustment for the friend referral. However, these grounds are not as strong as other cases we help with.

 

If you definitely want to cancel, best move is to get the bank to refund in full any fee taken since the start that was NOT the £9.99 as agreed. This will probably prompt the gym or their Admin Co to add an admin fee. You could then cancel the DD mandate on the basis of them trying to charge you unlawful and unenforceable admin fees (penalty charges).

 

If you want to do this, get onto your bank and tell them you require a refund under the DD Guarantee Scheme.

 

Let us know when this is refunded.

 

[ozy8510]

Thanks Slick

 

Not really keen on going that route if the contract is legit.

 

I've voiced concerns about a few things but nothing has been done and the constant mess up with my membership fee has just pushed me over, albeit its only small amounts but that's not the point.

 

I might see if they'll do a deal and buy myself out, didn't really want to go down that route, but I'm probably going to be paying for an additional gym now anyway

[slick132]

Hi Ozy,

 

There have been many cases here in the past where folk have cancelled the DD and gym agreement because Harlands wanted to charge their admin fees.

 

If they have taken the wrong amount with the DD, you're entitled to have it refunded.

 

However, the choice is entirely yours. If you want support in ending the agreement, we'll help.

 

If you want to make an offer to end the agreement, do this with the gym and NOT Harlands.

 

Keep us posted ............

 

[ozy8510]

Hi Slick,

 

I'll have a think about it, this isn't harlands if that has a bearing on your advice?

 

How long do I have to claim back for a DD, would a payment made on 1st Feb count?

 

Thanks,

[slick132]

Sorry, I was confusing this case with another I've been helping with. It's not Harlands but the gym you're with is still happy to charge default fees that we would challenge.

 

The priciple is the same - deal with the gym if you want to offer them an amount to end the agreement early.

 

The sooner your reclaim the DD via your bank, the better. You're certainly not too late to do it now.

 

[ozy8510]

OK, Thanks Slick, I'll sleep on it tonight. How confident are you that this way will work?

[slick132]

Hi Ozy,

 

I am confident that, if you handle things the way we suggest, the gym will shoot themselves in the foot and give you good grounds to cancel the agreement due to their attempt to impose default charges.

 

Let us know how you want to proceed once you've thought about it ...........

 

[Bazooka Boo]

Ozy,

 

Put simply, if you had acted in the way they have, what do you think the result would be?

 

They would add fees/charges on incorrect payments, and they certainly would not accept your ''word'' to pay the ''difference'' the next time you

turn up to the gym.

 

The 'contract' works both ways, what they have issued you, (and NOT in a timely manner) fails to tell you of YOUR rights to cancel the agreement should they fail to meet the terms of the contract which they expect you to do..

[ozy8510]

Is there any angle on the fact they never made me aware of my extended cancellation rights, I knew about the 7 days but not the 14 as had never seen the agreement?

[slick132]

Hi Ozy,

 

The lack of T&C's could be used in your favour, as well as the unfair admin fees.

 

You should have been given T&C's at some stage but you also had a responsibility to insist on seeing them, so you knew what your rights were.

 

Para 4 of my post #12 above is the way forward if you want to avoid paying for gym m/ship that you won't use.

 

[ozy8510]

Thanks Slick

 

I've requested the refund with my bank tonight, so we'll go from there. The gyms admin company is clubwise, not sure if you've had dealings with them before?

[slick132]

Hi Ozy,

 

I'm pleased you're taking them on and I'm sure this is the best way for you to proceed.

 

Let us know when the bank has refunded as instructed and we'll move on from there.

 

[ozy8510]

Morning Slick,

 

DD has been refunded, guess the fun is going to start now

[slick132]

Excellent !

 

Now let's wait a few days to see if the gym picks up on the DD refund. If they contact you, this will tell us where to write and what to say.

 

If they've not contacted you by Weds 23rd March, let us know.

 

If anyone calls you to discuss the matter, tell them, "In writing only", then hang up.