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Total Fitness revises membership agreements
106/09 2 September 2009
Total Fitness UK has agreed to revise its membership agreements for customers, following intervention by the OFT.
The health club operator, which has 24 clubs in the UK, has given undertakings that it will change its terms and conditions to comply with the Unfair Terms in Consumer Contracts Regulations.
The amendments to a number of terms will lead to clearer and fairer membership agreements for consumers when they sign up for membership. The new agreements will:
As well as changing terms for new members, Total Fitness has also agreed not to enforce any of the contested terms in existing membership agreements.
If the undertakings are breached the OFT can seek a court order, which if not adhered to, can result in proceedings for contempt of court.
Mike Haley, OFT Director of Consumer Protection, said:
'Gym agreements, like any other consumer contract, must be balanced, fair and understandable. We have worked closely with Total Fitness to secure these changes and we believe that consumers will find the new membership agreements much clearer and fairer.'
NOTES
1. Total Fitness (UK) Ltd owns 24 clubs in the UK within the North of England, Wales and Dublin, including Liverpool, Manchester, Preston and Hull.
2. The Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs) protect consumers against unfair standard terms in contracts they make with traders. The OFT, together with certain other bodies, can take legal action to prevent the use of such terms. The UTCCRs can protect consumers from terms that reduce their statutory or common law rights and from terms that seek to impose unfair burdens on the consumer over and above the obligations of ordinary rules of law.
3. The Enterprise Act 2002 provides powers to obtain court orders against traders that breach a range of consumer legislation.
106/09 2 September 2009
Total Fitness UK has agreed to revise its membership agreements for customers, following intervention by the OFT.
The health club operator, which has 24 clubs in the UK, has given undertakings that it will change its terms and conditions to comply with the Unfair Terms in Consumer Contracts Regulations.
The amendments to a number of terms will lead to clearer and fairer membership agreements for consumers when they sign up for membership. The new agreements will:
- contain clearer terms relating to the circumstances in which Total Fitness may seek to exclude or limit its liability for loss suffered by consumers
- make clear that Total Fitness does not have absolute discretion to change its opening times, or change, reduce or cease facilities without providing any rights for the consumer, and
- provide clearer information of the circumstances in which a consumer may cancel their agreement.
As well as changing terms for new members, Total Fitness has also agreed not to enforce any of the contested terms in existing membership agreements.
If the undertakings are breached the OFT can seek a court order, which if not adhered to, can result in proceedings for contempt of court.
Mike Haley, OFT Director of Consumer Protection, said:
'Gym agreements, like any other consumer contract, must be balanced, fair and understandable. We have worked closely with Total Fitness to secure these changes and we believe that consumers will find the new membership agreements much clearer and fairer.'
NOTES
1. Total Fitness (UK) Ltd owns 24 clubs in the UK within the North of England, Wales and Dublin, including Liverpool, Manchester, Preston and Hull.
2. The Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs) protect consumers against unfair standard terms in contracts they make with traders. The OFT, together with certain other bodies, can take legal action to prevent the use of such terms. The UTCCRs can protect consumers from terms that reduce their statutory or common law rights and from terms that seek to impose unfair burdens on the consumer over and above the obligations of ordinary rules of law.
3. The Enterprise Act 2002 provides powers to obtain court orders against traders that breach a range of consumer legislation.
