- December 3, 2023
- Posted by: legaleseblogger
- Category: Related News
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I Am Seeking Assistance with an Issue at a Gym
I am reaching out for help with a concerning situation involving a gym membership. Back in May, I visited a gym to explore their facilities and consider attending one of their workout classes. As an 18-year-old individual with autism, I had a specific experience during this visit. Despite my decision that the gym was not suitable for me, the staff was persistently insistent and urged me to sign a contract. They assured me that I could try the gym for two weeks and then cancel if I chose to do so. I reluctantly agreed, thinking that it would be prudent to give the gym a chance for a brief period before making a final decision.
Upon returning home, I ultimately elected not to return to the gym due to my discomfort with the staff and the overall atmosphere. After learning about a cooling-off period of two weeks during which I could cancel the contract without any financial obligation, I promptly sent an email requesting the cancellation. Unfortunately, I received only an automated response acknowledging the receipt of my email and indicating that the gym would respond within a specific number of business days. However, I never received a substantive response or confirmation of the cancellation.
Subsequently, I have been continuously charged for the gym membership, amounting to $37 per week, despite my non-utilization of the gym’s services. Eager to discontinue these charges, I approached my bank about stopping the withdrawals. However, this only resulted in increased communication from the gym, including numerous emails and phone calls demanding payment and disregarding my prior cancellation request.
Today, I received an email from the gym threatening to send me to debt collectors if I did not remit $200 by 5 PM, claiming that I owed this amount. Additionally, they warned of a $500 fee associated with this action. It is important to note that I no longer live in close proximity to the gym, as I have relocated five hours away. Furthermore, during the cooling-off period, I raised a legitimate request for cancellation which the gym acknowledged as permissible.
As a result of these events, I am experiencing significant anxiety and financial strain. I am unsure of how to address this predicament, especially considering the substantial amount of money I have already paid to the gym since May. I am in desperate need of guidance and assistance.
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****** just grabbed a
I had the same issue during covert where I was working night shift and they were only open during man hours. I reported them to ACCC and they backed down
OP you could argue that you didnÔÇÖt have the legal capacity to understand the contract at time of entering into it due to your autism
https://fls.org.au/law-handbook/disability-mental-illness-and-the-law/intellectual-disability-and-the-law/civil-law-and-people-with-intellectual-disability/
people take advantage of people with an intellectual disabilityÔÇÖs need to have information explained in a way they can understand, exploit them, and undermine their confidence. Most people assume a level of legal literacy and consumer protection to choose to agree to some things without questioning and be suspicious of others. We make these decisions based on both experience of other similar transactions, and our confidence in the person proposing it. Many people with intellectual disability have had few chances to make their own decisions and have a very limited social circle. They can be coaxed to agree to things that do not benefit them at all, solely because the person suggesting it is a ÔÇÿfriendÔÇÖ. The desire to be seen as a competent person capable of making their own decisions ÔÇô when their decision-making rights are constantly challenged by others ÔÇô can create this vulnerability.
OP please see a community legal solicitor in your area being all your docs with you and your autism diagnosis. I think you have good chance of this matter being withdrawn and refunded all those deductions.
https://www.communitylegalqld.org.au
You can also request help from autism QLD
https://autismqld.com.au/services/adults/
So my question to you is why would you not go to the gym and cancel in person? Or ask why youÔÇÖre still being charged?
Ownership needs to be on yourself to make sure it gets done.
Take a copy of the email you sent them saying that you wanted it cancelled and hopefully theyÔÇÖll be able to recall the debt or something from the collectors and may refund you. You can just send 1 email and hope for the best dude.
Take this as a big lesson on how life works.
Yep this is on OP for not handling his business like an adult, which is fine you are 18 and will learn. Check the contract you were emailed after signing up, a lot have a moving too far distance clause.
I would take this as a lesson but also donÔÇÖt cave, double down with proof on cancelling and being charged for almost a year and turn it around asking for a refund on your paid fees.
If you cave now you will set yourself up for failure worse as you get older, unless of course your story isnÔÇÖt accurate and you are in the wrong.
But as the other comment said, go in person and never just communicate once you need to follow up, 100% a you mistake not notice payments for 37 weeks.
Learn from this.
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