- April 21, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Seeking Advice on Gym Membership Issue
Hi all, I am seeking advice on behalf of my partner regarding a gym membership issue.
My partner recently made the decision to cancel his gym membership, but he has been facing difficulties with the process. Initially, the gym staff instructed him to visit the gym in person to cancel his membership when he called them. However, upon his arrival, he was told to send an email for cancellation. It has been a week since he sent the email, but he has not received any response. Therefore, today he went back to the gym to follow up on his cancellation request.
He was informed that he is under a lock-in contract until October, despite being initially told that it was not a lock-in contract when he signed up. The gym is now refusing to allow him to cancel his membership.
In this situation, we are unsure of what steps to take. Does he have to accept paying for the remaining six months of the gym membership, or is there a way to resolve this issue?
Your advice and suggestions would be greatly appreciated.
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Have they provided the signed document that specifically outlines the agreement time frame, dated and signed by your BF?
If not, demand it. If they can’t provide it then there is no agreement.
If they can provide it and it specifies the 12 month period, it gets more tricky then. Especially if they told him there was no lock in contract in person because it becomes a they said you said scenario. Do everything in writing, they will say whatever bullshit in person because it’s not recorded.
Gyms are notoriously dodgy with this kind of stuff. One of the sectors that needs a giant ACCC hammer dropped on it along with airlines.
>When he signed up he was told it was not a lock in contract.
What does the contract say?
Do you have a copy of the contract? Request the contract if not.
Also put in writing the cancellation request and “ as per my conversation on xyz date in the phone and my visit to gym on ABC date.. etc”
Once you see what contract says we can give more info
Here this worked for me ….
On x I contacted you “ in writing” via email to confirm cancellation of my membership. This complies with my contract terms, please note a specified cancel form is not mentioned on the contract.
I have contacted you on several occasions to confirm cancellation of the membership however there has been subsequent payments attempted to be direct debited.
On X date , payment of X was withdrawn,
I would like my account to be finalised as per the initial notice date and the subsequent charges of x refunded.
If you feel there is a fixed term contract please supply evidence of such an arrangement.
If I do not hear back from you within 5 working days I will lodge a formal complaint with Consumer and Business Affairs in your state and / or report my issue to the ACCC.
You can contact me via this email.
What do the terms of the contract say regarding cancellation procedures and whether it was lock in or no lock-in? It had to have been in writing
Cancel the debit card
I love how gyms have all this administrative bureaucracy to cancel . This scenario happened to me (anytime) . I cancelled the direct debit and told them I had already given 30 days notice on a certain date by email despite them telling me I had to come in etc.
There was no follow up from them ever when I told them how I would be doing if. The funniest is they sent me a pdf so I electronically signed it and they still tried to tell me my signature had to be in person. They put every obstacle in place to prevent that sweet cash coming into their account
The interesting thing is if you follow the direct debit setup you can access the payment provider portal and you can see they have setup different dates from the contract (ie supposedly 12 month contract had an indefinite debit cycle ).
I haven’t been to a gym in 3 years and you can really notice it but I showed them who’s boss !
Fitness Passport the absolute worst at this
2 years out of contract & wouldn’t cancel, multiple requests
Each declined with excuses
Eventually had to go to my bank and get them to cancel the payment
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Your boyfriend is clueless and hasn’t obviously filled you in completely. There is no way they told him to come into the gym to cancel and then sent him home to “email”. He would have gone in and told them he wanted to cancel and they would have informed him that he’d have to payout the contract.
Ask for a copy of the contract and 99.99% chance it will outline everything.