Escaping Gym Contract
Discussion
Suprisingly, I'm one of the few people who want to get out of a gym contract in January! 
I've been a member for 4 or 5 months now, and it's a 12 month contract.
The problem is, it's a new gym which only opened last summer, and the facilities they advertised are still nowhere near ready. I was told in September that the changing rooms, sauna & steam room would be ready within a matter of weeks, and that they were just having some issues ith the contractors.
So, over 6 months after the gym opened, and 4 months after being told it was nearly ready, there are still no changing rooms or shower facilities. I couldn't give a toss about the sauna and steam room but they're still building sites too.
Am I within my rights to stop paying my Direct Debit? I don't weant to breach the contract and end up with debt collectors visiting, but on the basis that they've not held up their end of the deal, surely the contract is invalid?
The DD is collected by a 3rd party agency on behalf of the gym, if that makes any difference?
I've been a member for 4 or 5 months now, and it's a 12 month contract.
The problem is, it's a new gym which only opened last summer, and the facilities they advertised are still nowhere near ready. I was told in September that the changing rooms, sauna & steam room would be ready within a matter of weeks, and that they were just having some issues ith the contractors.
So, over 6 months after the gym opened, and 4 months after being told it was nearly ready, there are still no changing rooms or shower facilities. I couldn't give a toss about the sauna and steam room but they're still building sites too.
Am I within my rights to stop paying my Direct Debit? I don't weant to breach the contract and end up with debt collectors visiting, but on the basis that they've not held up their end of the deal, surely the contract is invalid?
The DD is collected by a 3rd party agency on behalf of the gym, if that makes any difference?
You can either write to them, explaining they've not delivered on their contractual obligations and as such are exercising your right to terminate, which could be quite painful if they argue.
Another approach might be to ring them saying you've been made redundant and are in the process of going bankrupt and would like to cancel your membership.
Another approach might be to ring them saying you've been made redundant and are in the process of going bankrupt and would like to cancel your membership.
10PS - thanks, that's kind of what I was thinking. But there's nothing in the contract about any facilities at all, so I have a feeling they'd just say that I was talking out of my arse.
I wonder if they management knew there were going to be long term issues with their contractors and thats why they involved an agency in the first place...
I wonder if they management knew there were going to be long term issues with their contractors and thats why they involved an agency in the first place...
Best way is to have a look at your contract. Which gym is it? maybe someone else is with the same one. I'm with Virgin active and I am sure I remember reading a passage about being able to cancel without penalty if the gym significantly reduces it's facilities from those advertised or the gym is shut for more than 30 consecutive days. On the reduced facilities clause I think you would be fine. Just check and put it in writing to the gym.
At the gym where I used to work we never had the time (or legal clout!) to chase after customers when it came to contracts. They were run through a third party, in our case a company called 'Leisure Finance'.
They would pursue a customer on our behalf to recover the money for a full 12 month contract. However, they will only pursue a customer if the gym owner wishes them to. Ultimately, in our case, the decision to chase a customer was purely down to us. The described facilities at the time of signing the contract should be accurate and honest. If, after signing the contract the facilities are NOT as they were described, or a facility has been removed or in your case not actually finished yet then the gym is in breach of the contract and the contract is not enforceable.
I can only advise by the system we had, if the gym owner does try and pursue it, they may make all the noises to recover their 'costs' but ultimately they will be wasting their time.
HTH
They would pursue a customer on our behalf to recover the money for a full 12 month contract. However, they will only pursue a customer if the gym owner wishes them to. Ultimately, in our case, the decision to chase a customer was purely down to us. The described facilities at the time of signing the contract should be accurate and honest. If, after signing the contract the facilities are NOT as they were described, or a facility has been removed or in your case not actually finished yet then the gym is in breach of the contract and the contract is not enforceable.
I can only advise by the system we had, if the gym owner does try and pursue it, they may make all the noises to recover their 'costs' but ultimately they will be wasting their time.
HTH
Popepaul said:
with virgin u can cancel it if you imagrate to another country your gym might be the same, just send them a letter and say u have moved to another country if they ask you to come in and give them evidance just try and fob the off with some BS.
Just remember not to deliver the letter by hand.Gassing Station | The Pie & Piston Archive | Top of Page | What's New | My Stuff