Legal help! Miss-sold something :(
Discussion
Apologies as its not a car related problem - but I could do with some pistonhead-style help 
My girlfriend joing a gym last week near to her new house. She is quite sporty so knows what she wants and it seemed to fit the bill. A big part of joining is that they offered classes called 'bodypump' which she went to a lot at her old gym.
First time at 'bodypump' last night was quite dissapointing as it seems it is not a 'genuine class' but a mickey mouse immitation and not really any good. 'Bodypump' is a trademarked class from New Zealand and is very specific - unlike the class she went to last night which I probably could have run.
She has signed up for a 1 year contract, but feels she was miss-lead and the classes were misdescribed so wants to quit and join another gym. Where does she stand - does she get a cooling off period? Can she throw anything legal at them? At the moment they are sticking to 'you signed a 1 year contract'.
I am going to write them a nasty letter for her but would appreciate the best course of action - PH-style!
Thanks in advance
My girlfriend joing a gym last week near to her new house. She is quite sporty so knows what she wants and it seemed to fit the bill. A big part of joining is that they offered classes called 'bodypump' which she went to a lot at her old gym.
First time at 'bodypump' last night was quite dissapointing as it seems it is not a 'genuine class' but a mickey mouse immitation and not really any good. 'Bodypump' is a trademarked class from New Zealand and is very specific - unlike the class she went to last night which I probably could have run.
She has signed up for a 1 year contract, but feels she was miss-lead and the classes were misdescribed so wants to quit and join another gym. Where does she stand - does she get a cooling off period? Can she throw anything legal at them? At the moment they are sticking to 'you signed a 1 year contract'.
I am going to write them a nasty letter for her but would appreciate the best course of action - PH-style!
Thanks in advance
I'd write them a letter explaining the facts and that she has been mislead. I'd also make them aware that "bodypump" is a trademarked class & that they shouldn't be branding their classes as such. i would advise them that you will be stopping payments immediately & that you trust this wil then be the end of the matter. they may or may not pursue you/her.
All that said, i once decided to stop going to a very large chain of gyms in London, they tried to pursue me for payment so I just stopped paying them & ignored their letters, never heard another thing.
Best of luck.
All that said, i once decided to stop going to a very large chain of gyms in London, they tried to pursue me for payment so I just stopped paying them & ignored their letters, never heard another thing.
Best of luck.
Have you got anything in writing - leaflet, flyer, timetable etc, that mentioned Bodypump? If you have, keep hold of it, just in case.
If they really are breaching Bodypumps trademark (it might not be registered/enforceable in the UK) then Trading Standards ought to be helpful.
It could be that they are fully signed up to BodyPUMP but are just not presenting the course effectively.
If they really are breaching Bodypumps trademark (it might not be registered/enforceable in the UK) then Trading Standards ought to be helpful.
It could be that they are fully signed up to BodyPUMP but are just not presenting the course effectively.
Thanks everyone.
She has various paperwork which mention 'bodypump' and is keeping it.
I'm a bit more of a weights chap so have never done a bodypump class (I also have the co-ordination of a drunk 3 legged dog so shy away from stuff like that) BUT she seems to know what its all about and says its not the real thing, so I'm inclined to agree. Afterall its been the same at 3 other gyms she has been members of, but not this one.
It seems that if we can prove she signed up largely because of this course then the misrepresentations act 1967 may apply. I'm putting this into a letter along with the threat of contacting Fitpro (who own and agressively retain the Bodypump name) and Trading Standards - obviously with the much preferable option of just letting her quit.
I'll post a copy of the letter up!
She has various paperwork which mention 'bodypump' and is keeping it.
I'm a bit more of a weights chap so have never done a bodypump class (I also have the co-ordination of a drunk 3 legged dog so shy away from stuff like that) BUT she seems to know what its all about and says its not the real thing, so I'm inclined to agree. Afterall its been the same at 3 other gyms she has been members of, but not this one.
It seems that if we can prove she signed up largely because of this course then the misrepresentations act 1967 may apply. I'm putting this into a letter along with the threat of contacting Fitpro (who own and agressively retain the Bodypump name) and Trading Standards - obviously with the much preferable option of just letting her quit.
I'll post a copy of the letter up!
Here we go:
Dear Hagged permatan gym rat
I joined XXXXXXX Health and Fitness Club on 1st February 2005, with the main intention of regularly attending the ‘Bodypump’ exercise class.
Yesterday I attended ‘Bodypump’ for the first time and was very disappointed to find that rather than being a trademark Fitpro Bodypump class, as I had attended countless times in the past at three different health clubs, it was the club’s own version - and a much lower standard!
As stated, the main reason for joining your gym, rather than others in the area, is because I was told that you offered ‘Bodypump’. This is printed in your literature and was confirmed by your representative I spoke to prior to joining. This is a misrepresentation of your services and as such is covered by the Misrepresentation Act 1967. The act specifically pertains to ‘false or misleading statement made in the course of pre-contractual negotiations by a contracting party’. The fact that you do not have permission by Fitpro to use the Bodypump name, nor are providing a Fitpro approved class but informed me you were, by alluding to the Bodypump trademark, is misrepresentation.
As I believe you misrepresented the legitimacy of your ‘Bodypump’ classes, I wish to terminate my membership with immediate effect and have cancelled my direct debit. I request a refund of £45. This amount being my joining payment of £60, less £15 (being 3 days use of the gym at your quoted non-member rate).
I trust this is the end of the matter. However, if you wish to pursue this further I must inform you that I will be, in the first instance, contacting Trading Standards, who take very seriously false and misleading advertising statements. Secondly, I will have no option but to contact Fitpro, the owners of the Bodypump trademark, who I am led to believe aggressively seek to protect their market dominance and quality of their brand.
I await my refund as stated above, by return.
Yours sincerely,
Kick-ass???
Dear Hagged permatan gym rat
I joined XXXXXXX Health and Fitness Club on 1st February 2005, with the main intention of regularly attending the ‘Bodypump’ exercise class.
Yesterday I attended ‘Bodypump’ for the first time and was very disappointed to find that rather than being a trademark Fitpro Bodypump class, as I had attended countless times in the past at three different health clubs, it was the club’s own version - and a much lower standard!
As stated, the main reason for joining your gym, rather than others in the area, is because I was told that you offered ‘Bodypump’. This is printed in your literature and was confirmed by your representative I spoke to prior to joining. This is a misrepresentation of your services and as such is covered by the Misrepresentation Act 1967. The act specifically pertains to ‘false or misleading statement made in the course of pre-contractual negotiations by a contracting party’. The fact that you do not have permission by Fitpro to use the Bodypump name, nor are providing a Fitpro approved class but informed me you were, by alluding to the Bodypump trademark, is misrepresentation.
As I believe you misrepresented the legitimacy of your ‘Bodypump’ classes, I wish to terminate my membership with immediate effect and have cancelled my direct debit. I request a refund of £45. This amount being my joining payment of £60, less £15 (being 3 days use of the gym at your quoted non-member rate).
I trust this is the end of the matter. However, if you wish to pursue this further I must inform you that I will be, in the first instance, contacting Trading Standards, who take very seriously false and misleading advertising statements. Secondly, I will have no option but to contact Fitpro, the owners of the Bodypump trademark, who I am led to believe aggressively seek to protect their market dominance and quality of their brand.
I await my refund as stated above, by return.
Yours sincerely,
Kick-ass???
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