• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Out of contract gym membership

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Out of contract gym membership

    Hi, I posted this on another thread, but I think it was in the wrong group

    Joined Golds Gym in May 2016, committed to one year contract. Didn't go often, as I didn't enjoy going. It was way oversubscribed, too busy at night to get on equipment, intimidating guys hogging everything, unsanitary...spit stains on all CV equipment you have to touch to program, holes in floor where electrics had previously been, mould on wall in ladies changing room.... to name a few of my gripes. Hated the place.

    Anyway, as it was only £25 p/m (I've been to far more expensive gyms!), I let the year run, paid by DD every month and as soon as I was out of contract, I cancelled my DD before May 2017 payment was due.

    This week I was contacted by the gym to say that I was in arrears. I informed them of above and they said that according to their T&Cs (which I don't have/can't find) after the year contract expires, members are automatically enrolled on a 30 day rolling contract and have to give 30 days notice. To add insult to injury, fees have gone up by £10 p/m and apparently I am not allowed to cancel the 30 days until arrears have been cleared. So even though they know I have written confirmation of my leaving, they will continue to add £35 per month until I have cleared the arrears and given 30 days notice in their frame of events.

    I am 56 and have been a member of many gyms over the years and once you're out of contract, you're free.

    Been reading up and have found articles claiming memberships unfair, allowing members to opt out early Office of Fair Trading v Ashbourne Management Services Ltd and others [2011] EWHC 1237, but I can't find anything trying to get out of a membership contract that has already expired!!!

    Half of me want to tell them to go sing for it, but don't want to risk the passing to DCA if I ignore them.

    Any advice in dealing with this would be much appreciated.

    Frances
    Tags: None

  • #2
    Re: Out of contract gym membership

    Did you read the contract you signed? Do you have a copy of it?

    Comment


    • #3
      Re: Out of contract gym membership

      I can't find it. No I never read it at the time if I'm honest. I'll trawl through my files tomorrow...a thorough look. Basically all depends what's in the contract then? I signed for a year, as far as I was concerned and was led to believe. I was not informed of any roll on contract verbally.

      I've had gym contracts before and once the contracted year had expired, I was free.

      Comment


      • #4
        Re: Out of contract gym membership

        Current T&Cs here: http://www.goldsgym.co.uk/newweb/wp-...2015/05/TC.pdf

        Comment


        • #5
          Re: Out of contract gym membership

          Originally posted by FrancesP View Post
          Hi all, would like to pick your brains.

          Joined Golds Gym in May 2016, committed to one year contract. Didn't go often, as I didn't enjoy going. It was way oversubscribed, too busy at night to get on equipment, intimidating guys hogging everything, unsanitary...spit stains on all CV equipment you have to touch to program, holes in floor where electrics had previously been, mould on wall in ladies changing room.... to name a few of my gripes. Hated the place.

          Anyway, as it was only £25 p/m (I've been to far more expensive gyms!), I let the year run, paid by DD every month and as soon as I was out of contract, I cancelled my DD before May 2017 payment was due.

          This week I was contacted by the gym to say that I was in arrears. I informed them of above and they said that according to their T&Cs (which I don't have/can't find) after the year contract expires, members are automatically enrolled on a 30 day rolling contract and have to give 30 days notice. To add insult to injury, fees have gone up by £10 p/m and apparently I am not allowed to cancel the 30 days until arrears have been cleared. So even though they know I have written confirmation of my leaving, they will continue to add £35 per month until I have cleared the arrears and given 30 days notice in their frame of events.

          I am 56 and have been a member of many gyms over the years and once you're out of contract, you're free.

          Been reading up and have found articles claiming memberships unfair, allowing members to opt out early Office of Fair Trading v Ashbourne Management Services Ltd and others [2011] EWHC 1237, but I can't find anything trying to get out of a membership contract that has already expired!!!

          Half of me want to tell them to go sing for it, but don't want to risk the passing to DCA if I ignore them.

          Any advice in dealing with this would be much appreciated.

          Frances
          Just to clarify so you understand, contracts will be fixed for a period of time e.g. 12 months and following those 12 months the contract doesn't 'expire' automatically, it will roll onto a 30 day contract. You will still need to give the relevant notice to fully terminate the contract.

          As for the additional £10 per month, if you were not notified of the price increase then I highly doubt they will be able to enforce it as you are still on the agreed terms at £25 p/m.

          In contract law, the general measure of damages is to put the party in the position as if the contract had been performed properly. So, you cancelled your DD following the end of the 12 month period which could be construed as an indication not to continue with the agreement. However, because you didn't give the relevant notice period you are in breach of the terms agreed. If you had given the relevant notice, then the gym would be entitled to another month and in my view, that is the amount of damages that is owed which puts them back in the position had the contract been performed - hope that makes sense?

          As for the refusal to acknowledge or terminate the contract, again that is more likely than not to be unlawful either because there is no term in the contract which says they can do that but even if the terms did indeed say that, I would argue its an unfair contract term.

          If you have a copy of the terms and conditions it would be helpful to upload so we can see what they say and get a better understanding of your position, but absent the terms and provided what you say is true about the notice period, the gym is unlikely to get any further monies.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
          Working...
          X