Subject: Gym Contract Legality

Dudes and fellas, anyone know the deal with gym contracts?

In March 2007 I signed up to a gym and tied myself into a 12 month contract with them at £40 per month. Now because I am overall rubbish and lazy I only used the gym twice in March/April.

In December 2007 I cancelled the direct debit with the bank so the January 2008 payment never went out. Since then I've had 2 letters prompting me to set up the direct debit, and a couple of chase up phone calls which I have managed to avoid. Nothing threatening any claims action as of yet.

Basically anyone know what the likely outcome will be? In theory there is only a Jan and Feb payment left to pay. I haven't contacted the gym requesting a nice mutual cancellation, but will do if that seems like the best course of action? Are gym contracts that binding that they have a chance of getting me to the small claims court, or a collections agency after me, considering I've been paying for a service that I have not used for 8+ months?

Thanks in advance.

Hmm, interesting one. I took law and studied contract law unsuccessfully, but i'd say you're in breach of contract and pretty screwed.

Do you have a copy of your contract?

You are correct. Not only you are in breach of contract but you have also failed to act properly to end the relationship or alter it.
You should have informed them by registered mail about your intentions, bearing in mind there was a clause allowing you to terminate. Either way you are liable and depending on the firm in question and the fervour with which they pursue debt of this kind, I would suggest you try to settle amicably.

The contract says that if the 12 month contract is cancelled then I have to pay them all monies owed.

I'm not really fussed what the contract says, I'll pay if I have to.

The question is more about how enforceable are XXmonth contracts? The service hasn't been used, there's proof that the service hasn't been used. I know it's entirely my fault the service hasn't been used, but it still hasn't been.

The fact that "the service has not been used" is irrelevant. If you signed the contract than you must pay. Unless there is something illegal in the contract's wording which voids the entire contract then you must pay. Not only that, you said that you did use the gym once or twice which also shows that you were aware of the contract and the service you acquired. Further than that... :) I suggest you check very carefully to see what happens if you miss out on payments... there could very well be a fine involved.

Go to the gym, spend a couple of hours apologising and paying up to end the contract. If you're better in mending things (than in maintaining your obligations) you might be let off easy.

Good luck
:)

The level of enforcement will surely depend on the content of the contract?

In regards to mobile phone contracts, and in particular the 3 network, they will disconnect a phone and cancel a contract within the first few months if the customer complains enough, regardless of useage. They used to do it all the time because Watchdog said they had crap customer service.

Have you talked to the gym at all, to try and cancel the contract? If you called and told them that you broke your leg in a car crash, and would not be able to use their service, they would quite possibly consider voiding the contract.

Send a letter from somebody else saying you have emigrated?

Go to the gym, spend a couple of hours apologising and paying up to end the contract.

Why would I want to go and do that?

According to the contract the action they can take on missed payments is they can take the money from my account (assuming they have my details, which I think they do). So worst case scenario is they take the money?

In conclusion the contract is quite unavoidable and I should send them a cheque and nice letter and job done? Sweet.

If you can't be bothered to use the gym, or be bothered to get out of paying the last 2 months, then yes, you should ;o)

I am not sure but I would be very suprised if they could LEGALLY take the money from your account.

For £80 its not worth them taking to court imo.

I can be bothered to get out of paying £80, but only if I can do it from the comfort of this chair right here :)

Then my suggestion is posted above ;o)

It's a good point WDP, but it reminds me a little bit of car insurance, and them renewing it for you unless you tell them otherwise, thus taking funds from your account. I think if it's agreed, either verbally or signatory in the form of contract, then they probably can do it legally.

Still don't know though :o)

Surely not if he has already cancelled hid DD.

The contract says that if the 12 month contract is cancelled then I have to pay them all monies owed.

Quite a poorly worded contract if that's the case. Did it not contain anything about failure to recover and enforcement?

If not, the £80 is your only liability when cancel. Cancelling a direct debit isn't a cancellation.

No but it stops them taking the money from his account full stop doesn't it?

"Should I fail to make payments on the date they are due within my contractual period, or fail to pay one complete calendar months membership after notifying the club of my intention to cancel in accordance with clause 6 overleaf, I understand that my signature below gives [gym name] the full authority to debit my nominated credit/debit card, details of which are shown below. I have read and understood the above."

The 1 calendar month bit I am assuming applies to rolling contracts after the initial 12 month contract (although that is not explicitly outlined anywhere).

Account number and sort code are then listed below that as part of the DD Instruction.

Clause 6.3 is basically you may not cancel your contract during the Initial Term (the 12 months) unless you provide us with a doctor's medical certificate or letter confirming redundancy from my employer.

Clause 6.4 says I have to give 1 calendar's month notice before my Initial Term is up.