Gym membership

[woodyrlw]

Hi everyone! I joined a gym on a 12 month contract. I have a disability and when my health is at its worst I am in need of a lift and unable to use stairs. The gym I joined has a lift as it's split on two floors. When I joined in January the lift had a paper sign reading "out of order" I asked if it was to be repaired and the staff said it was being "sorted". This has not happened, I have since called and messaged the gym several times asking if and when they are going to repair the lift? The last answer via Facebook message was that they have no plans to repair it at the moment.
i have decided to quit my membership because of this as I can only use the ground floor (half of the facilities) The manager at the gym has said I would still be liable for the remaining 9 months of my membership. I would like some advice on this if anyone has and information which may help me? I am about to hand my letter in this week totthe gym terminating my membership. Many thanks in advance.

[R0b]

Hello

What is the contents of your letter giving notice of termination? It is possible that the gym in question may be in breach of the Equality Act by failing to make reasonable adjustments with the lift being out of operation and having no plans to repair it (have you retained a copy of the Facebook response?)

I presume that you joined this gym on the premise that it had a lift and gave you the ability to make full use of the gym facilities? Have they suggested an alternative measure such as a stair lift?

Also, how long has it been since the lift has been out of use?

Spun correctly, I think it is fair and reasonable for you to end your gym membership contract without penalty if they are refusing to make any reasonable adjustments as a service provider. So despite the Gym manager suggesting that you will be liable, you might have a reasonable defence to not paying it.

Businesses try to disassociate themselves from being tarnished with a reputation for not being inclusive and providing access to all, particularly with the popularity of gyms.

I'll tag Ula as she might be able to add or correct anything I've mentioned on the disability point.

[woodyrlw]

Hello

What is the contents of your letter giving notice of termination? It is possible that the gym in question may be in breach of the Equality Act by failing to make reasonable adjustments with the lift being out of operation and having no plans to repair it (have you retained a copy of the Facebook response?)

I presume that you joined this gym on the premise that it had a lift and gave you the ability to make full use of the gym facilities? Have they suggested an alternative measure such as a stair lift?

Also, how long has it been since the lift has been out of use?

Spun correctly, I think it is fair and reasonable for you to end your gym membership contract without penalty if they are refusing to make any reasonable adjustments as a service provider. So despite the Gym manager suggesting that you will be liable, you might have a reasonable defence to not paying it.

Businesses try to disassociate themselves from being tarnished with a reputation for not being inclusive and providing access to all, particularly with the popularity of gyms.

I'll tag Ula as she might be able to add or correct anything I've mentioned on the disability point.

Thanks for the quick reply Rob! Yes, I have kept all the private messages between myself and they gym and I have a 'call record' app on my mobile so I have all the calls recorded.. The lift has been 'out of order' since I joined 3 months ago, despite reassurances the gym were ''looking into it'' up until 2wks ago. They then messaged me to say they had ''no plans to fix it anytime soon''???? They have not offered any other options to get to the second floor, just get the same reply 'were looking into it' ...I have emailed EASS for additional advice, I am awaiting their response?. I have drafted a letter explaining my reasons for termination, the lift being out of order and that i can only access half of the facilities (the ground floor) etc as I rely on crutches and cannot climb the stairs., I am hoping when my letter reaches the franchise owners they will just allow me to terminate without penalty? I just want to be prepared and get as much advice and info as possible as I have heard a few horror stories about people cancelling gym memberships early. Thanks again for the reply! Much appreciated!

[ULA]

Under the Equality Act service providers have a duty placed upon them to make reasonable adjustments for disabled access. In this case they already had a lift which in your particular circumstances would have given you the necessary access to all the gym facilities. By effectively having a lift that they seem reluctant to get repaired they are denying that right of access.

If you would like some support in providing some additional wording to your letter terminating your gym membership that points out they are not fulfilling their obligations under the requirements of the Equality Act, then just let us know. I was also going to suggest contacting EASS but as you have already done that it would be interesting to see what advice they come back with.

[woodyrlw]

Hi ULA! Thank you so much for the reply and advice, it is very much appreciated.
I have posted my cancellation letter via registered/tracked post, they should receive it tomorrow morning.
I worded my letter very similar to what you have suggested. I basically said my contract has become untenable due to access restrictions and mentioned the equality act 2010, hopefully this should be enough to make them think twice about pursuing me to pay for the remaining nine months of my contract?
I have saved a file with all the correspondence, calls/ messages exchanged with the staff over the last several weeks concerning the access I have been denied with the "out of order" lift.
If they do chase me for the remainder of my contract I will fight it all the way.
I am still waiting to hear back from the EASS. When I do get a reply from them and oror t gym in question I will update the post to let you guys know the outcome.
once again, many thanks to you both.

[ULA]

You are welcome.

Hopefully your letter should make them think twice about pursuing the matter. Please come back and update us and if the situation does not get resolved you know where we are

[woodyrlw]

Hi guys!
just a quick update!
I have yet to receive a reply from the EASS?? I have received a call from the manager of the gym in question.
He was very apologetic. Confirmed my gym contract has been cancelled and the gym would not be pursuing me for any membership / contract fees etc. Apparently, they are not going to repair the "out of order" lift as it's too expensive!
Many thanks again to Rob and ULA for the support and advice.

[R0b]

Thanks for letting us know the outcome. You might want to consider getting that confirmed in writing just in case there is an administrative error some time in the future and they pursue you for it.

You could follow it up with an email yourself to and explain what was discussed on the call with the gym manager. That way, if they did come after you in the future then you can point to that email as evidence.

[ULA]

Thank you for the update and glad it was a successful outcome. Agree with ROB's post best always to be covered and have everything confirmed in writing.