closing tag is in template navbar
Time Factors Watches



TZ-UK Fundraiser
Results 1 to 19 of 19

Thread: Gym contract extended

  1. #1
    Craftsman eletos's Avatar
    Join Date
    Oct 2015
    Location
    Nottingham
    Posts
    513

    Gym contract extended

    My lad took out a 12 month gym contract last September, knowing he would be off to Uni in 2021 and would no longer require the membership after 12 months.

    He has just tried to give the required 3 months notice only to be told the original 12 month contract is now effectively a 16 month contract because his membership was suspended due to COVID restrictions.

    The contract does mention suspended members must honour their minimum membership period.



    Anyone had a situation like this and successfully challenged it?


    Sent from my iPhone using Tapatalk

  2. #2
    Master blackal's Avatar
    Join Date
    Mar 2012
    Location
    Scottish Borders
    Posts
    4,270
    Pretty sure that clause applies to members who have asked for a suspension - not if the gym has suspended it.

    Otherwise - that would be a method the gym could use to change membership periods arbitrarily.

    So- Did your son ask for a suspension?

  3. #3
    Master
    Join Date
    Mar 2011
    Location
    Northern Ireland
    Posts
    5,838
    Did he pay the monthly sub whilst suspended?

  4. #4
    Craftsman eletos's Avatar
    Join Date
    Oct 2015
    Location
    Nottingham
    Posts
    513
    Quote Originally Posted by blackal View Post
    Pretty sure that clause applies to members who have asked for a suspension - not if the gym has suspended it.
    I think that clause was designed for members who chose to suspend, which I guess is fair enough. The gym suspended his membership because it closed for a period, effectively stopping the clock on his contract.


    Sent from my iPhone using Tapatalk

  5. #5
    Master Christian's Avatar
    Join Date
    Dec 2008
    Location
    London
    Posts
    8,338
    Quote Originally Posted by blackal View Post
    Pretty sure that clause applies to members who have asked for a suspension - not if the gym has suspended it.

    Otherwise - that would be a method the gym could use to change membership periods arbitrarily.

    So- Did your son ask for a suspension?
    I can imagine originally that term was written with the member being the one to request the suspension in mind, however the terms seem to be suitably ambiguously written to allow either party to suspend. I reckon thatís going to be a tough one to argue based on that contract.

  6. #6
    Craftsman eletos's Avatar
    Join Date
    Oct 2015
    Location
    Nottingham
    Posts
    513
    Quote Originally Posted by demonloop View Post
    Did he pay the monthly sub whilst suspended?
    Nope, so I guess they are looking to recoup that lost income.


    Sent from my iPhone using Tapatalk

  7. #7
    Craftsman eletos's Avatar
    Join Date
    Oct 2015
    Location
    Nottingham
    Posts
    513
    Quote Originally Posted by Christian View Post
    I can imagine originally that term was written with the member being the one to request the suspension in mind, however the terms seem to be suitably ambiguously written to allow either party to suspend. I reckon thatís going to be a tough one to argue based on that contract.
    Yeah, and they are the current terms, as you might expect he hasnít kept the original document he signed!


    Sent from my iPhone using Tapatalk

  8. #8
    Master blackal's Avatar
    Join Date
    Mar 2012
    Location
    Scottish Borders
    Posts
    4,270
    I guess - write a firm letter/mail stating that he joined for a set term, with no intention of extending that term, and as such - consider that the notice just given, is valid - as per the terms of the contract when agreed.

    (seeing post above - request a copy of the contract and T&C at the time of contract agreement).

  9. #9
    Master Christian's Avatar
    Join Date
    Dec 2008
    Location
    London
    Posts
    8,338
    Quote Originally Posted by blackal View Post
    I guess - write a firm letter/mail stating that he joined for a set term, with no intention of extending that term, and as such - consider that the notice just given, is valid - as per the terms of the contract when agreed.

    (seeing post above - request a copy of the contract and T&C at the time of contract agreement).
    Agree. With things like this Iíd write a pseudo-legal letter and hope the company canít be bothered to deal with it so just lets it go.

  10. #10
    What is in clause 8.8?

  11. #11
    Master
    Join Date
    Jan 2011
    Location
    Maidenhead-ish UK
    Posts
    1,352
    Did they charge hin £5 for each month of suspension?

    Did they send him any documentation saying they were suspending menbership?

    Personally I'd make him pay up to teach him a lesson about taking responsibility for contracts he signs & retaining important documents.

  12. #12
    Grand Master wileeeeeey's Avatar
    Join Date
    Jan 2017
    Location
    N/A
    Posts
    10,571
    Was it a fixed term contract or a minimum term contract? Highly doubt it was fixed term.

    Suspension to one side he should have given notice at the same time as signing to ensure it didn't run longer than 12 months. It won't effectively be a 16 month contract due to the notice period as you can give notice on day one.

    Really you need the full terms from the contract when it was signed and not the URL to terms online which can be changed at any point in time

  13. #13
    Craftsman eletos's Avatar
    Join Date
    Oct 2015
    Location
    Nottingham
    Posts
    513
    Quote Originally Posted by thestore View Post
    What is in clause 8.8?
    8.8 Your right to change, suspend or transfer your membership is waived if you fail to make a payment in accordance with the terms set out in this agreement and your account is in default. The Club may, at its discretion, reinstate any of these rights in the event that your default is rectified to the Clubs satisfaction.

  14. #14
    Cancel direct debit and tell them to do one, with any luck youíll never hear from them again.

  15. #15
    Craftsman Halitosis's Avatar
    Join Date
    Nov 2016
    Location
    West Lothian
    Posts
    492
    I used to manage health clubs for a number of chains and am unaware of any operator ever taking legal action against a former member - primarily because it would likely not be seen as a reasonable contract. Ask to discuss with the club manager and if that gets him nowhere then write a polite but firm letter advising that he has no intention of paying any further monies as the club was unable to provide the contracted service during the period for which it was initially purchased.
    The club will have its reputation to consider too.

  16. #16
    Master jukeboxs's Avatar
    Join Date
    Apr 2009
    Location
    Scotland
    Posts
    3,409
    Assuming he'll still only be paying 12 months (4 months suspended and not charged) I see your son as no worse off having to wait the additional 4 months, knowing his contract will be terminated after the minimum 16-month term (assuming he gives his notice next month, 3 months before). Indeed, he might be able to use the final 4 months of membership, either in the original gym or transfer it to one of their other gyms near the Uni (if there is one).

  17. #17
    Quote Originally Posted by jukeboxs View Post
    Assuming he'll still only be paying 12 months (4 months suspended and not charged) I see your son as no worse off having to wait the additional 4 months, knowing his contract will be terminated after the minimum 16-month term (assuming he gives his notice next month, 3 months before). Indeed, he might be able to use the final 4 months of membership, either in the original gym or transfer it to one of their other gyms near the Uni (if there is one).
    Heíll be worse off because canít use last 4 months as presumably off to Uni in September (unless can transfer).

  18. #18
    Master blackal's Avatar
    Join Date
    Mar 2012
    Location
    Scottish Borders
    Posts
    4,270
    Quote Originally Posted by jukeboxs View Post
    Assuming he'll still only be paying 12 months (4 months suspended and not charged) I see your son as no worse off having to wait the additional 4 months, knowing his contract will be terminated after the minimum 16-month term (assuming he gives his notice next month, 3 months before). Indeed, he might be able to use the final 4 months of membership, either in the original gym or transfer it to one of their other gyms near the Uni (if there is one).
    I guess that is a sort of moral stance - where you ask "why should a company take the hit every time - for covid losses".

    I would only expect the T&C of the contract as agreed - to be adhered to.

    You see it a lot of people wanting a result outwith the T&Cs with hotel bookings where the hotel is still operating - just that the customer can't get there (or in the case of the IOM TT - no races). People expect refunds even though the terms and conditions of the booking didn't link the accommodation to any other occurrences or events.

  19. #19
    Grand Master Saint-Just's Avatar
    Join Date
    Apr 2007
    Location
    Ashford, Kent
    Posts
    23,855
    Quote Originally Posted by blackal View Post
    I guess that is a sort of moral stance - where you ask "why should a company take the hit every time - for covid losses".

    I would only expect the T&C of the contract as agreed - to be adhered to.

    You see it a lot of people wanting a result outwith the T&Cs with hotel bookings where the hotel is still operating - just that the customer can't get there (or in the case of the IOM TT - no races). People expect refunds even though the terms and conditions of the booking didn't link the accommodation to any other occurrences or events.
    The company decided to suspend the payments (from my understanding); They didn't stop the clock. If the contract mentioned a minimum amount for membership that would be paid over 12 months, that would be different, as the required amount hasn't been paid. But if the contract is about a minimum duration of membership, he has effectively been a member for 9 months and has given notice he would cancel his membership after 12 months.
    'Against stupidity, the gods themselves struggle in vain' - Schiller.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Do Not Sell My Personal Information