Out of contract gym membership

[FrancesP]

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

[R0b]

Re: Out of contract gym membership

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.