For years, the OFT have been keeping a close eye on health and fitness clubs with specific reference to the fairness of their gym membership contracts. Typically, consumers have been required to sign agreements which commits them to a 12 month minimum term, which absolutely ties them in to making the monthly payments for that period. Many consumers have complained that gyms will not release you from this obligation under any circumstances, even in cases of serious illness, redundancy or relocation. Other complaints relate to long notice periods for cancellation and disproportionately high cancellation penalties.
The OFT have focused on the following aspects of contracts for gym membership:
- Claims that gyms will not be liable for death or personal injury, or for loss or damage to property
- Lack of clarity concerning minimum membership periods and notice required for cancellation
- Lack of clarity concerning cancellation charges, or the consequences of cancellation
- Clubs permitting themselves to make changes to their service agreements with you
In addition, the OFT felt that many of the obligations and requirements of the consumer were hidden within complex legal language when they should have been more plainly and clearly expressed. And while gyms could be allowed to impose an initial 12 month minimum term, consumers should be in no doubt on reading the contract that this would be the case. What about long notice periods for cancellation? A three month period is commonly the length of time required, which may seem unfair as it then ties you into a further 3 monthly payments. The OFT recognise that gyms also need to protect themselves from sudden cancellation and don’t consider 3 months to be excessive where you have a ‘rolling’ membership (i.e. not a minimum term contract). However, as with the imposition of a minimum term, this must be plainly and clearly expressed in the contract.
So what is an unfair term and what just bad customer service? We have seen that some of the points above, although dubious are not necessarily unlawful. However, the following are are unfair terms and have been recognised as such as a result of the OFT’s investigation:
- Limiting or excluding liability for death or injury, or for damage or theft of property (includes ‘at your own risk’ disclaimers)
- Excluding liability for any breach of contract on the club’s part, even though you are obliged to fulfil your contractual obligations
- Limiting your ability to take legal action against the club if they don’t comply with their contractual obligations
- Excluding certain statutory rights such as your right to get a refund if the club is unhygeinic or unsafe
- Financial penalties on cancellation, where this sum is disproportionately high. Loss of all monies paid in advance may also be unfair, where this cannot be justified by the gym
- Allowing the gym to terminate or cancel the agreement without reasonable notice, legitimate cause (as per contract), and giving you the same rights.
- An initial minimum term is permissible, but where this includes an automatic renewal to another fixed term, this is likely to be unfair. Similarly, automatic renewal without giving you reasonable opportunity to cancel is unfair.
In addition to the identification of unfair clauses, the OFT recognise that you may not have had the opportunity or the know how to read and fully understand the contract you are asked to sign. Consequently, contracts are required to be written in plain and intelligible language with a prominent warning that the member should read and understand the terms before signing them.
Take Care!
Despite the interest of the OFT, the situation still calls for buyer beware, and care should be taken before entering into such agreements. Bear in mind the following points, because there is no cooling off period!
- Take the time to read through the Ts and Cs. Take it away if necessary – it is your right to have reasonable opportunity to familiarise yourself with the contractual terms before signing.
- Take particular note of clauses in relation to tie-ins, notice periods and cancellation penalties. Do not mistake the notice period for cancellation with the length of the contract.
- If the contract contains clauses which refer to automatic membership renewal, ask for this to be removed, or make a note of the date by which you should inform them.
- By law, the contract must be presented in simple, jargon-free language. if you are unsure about anything ask for full clarification
- A contract is a two-way process. Don’t be afraid to ask certain clauses to be struck out if they seem unreasonable or you are not happy.
- Take extra care with introductory offers and special deals. Clubs may waive their joining fee but still charge you the equivalent as an ‘admin’ fee. Always read the small print.
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Hi
I have been with David LLoyds for almost 2 years and last week I received an e-mail saying that the prices are incrising.
I have just changed my job and my salary is not great and it has been difficult for me to keep paying the gym so I have decided to cancel my membership.
I have sent an e-mail cancelling my membership and they have said in accordance with my T&C your membership will be due to end on 1st March 2017.
My question is Do I still have to pay even if they have increased the price and I can not afford it?
I have just paid for December.
I signed A 12 month contract for a gym membership 4 years ago, I cancelled the membership as soon as the 12 month period was up, I’ve just noticed that I have still been paying $15.95 a week for 3 years ever since I cancelled the membership..
Am I able to be reinbursted?
I range 2 months before my year ended at the gym to say I didn’t want to renew after the year due to trying for a baby. They woman said it was all ok over the phone and sorted it. I recently discovered they had still been taking money from my account for 14months! I have not used the gym once which they will see on their system. I rang to see what’s happened and about getting my money back amd they are saying I should have put it in writing. I argued if that was the case why did the woman on the phone not say that when I rang? They said it’s in my contract so I have asked to see a copy of this that I have signed. I don’t ever remember this being explained or seeing it and only signed up to the year.
It’s been a week and they are still yet to find a copy of my contract. What are my rights? If they don’t have a contract then am I entitled to my money back? Also of I have rang to cancel and they continued to take money where do I stand if this isn’t outlined in a contract?
I am a little less than halfway through my gym contract but on the contract it says I have to be a minimum 1 year member in order to cancel membership. I was wondering if there is any way I could get out of it before then.
I was wondering could I claim back my monthly fees on gym membership which I have not been able to use due to illness. I had to send a letter from my doctor which had to be stamped before I could cancel my direct debit.
Hi , I signed up to jd gyms before they had even built the gym at a monthly cost of £15.99 . They have now been opened a year and have emailed to say they are putting the payment up to £19.99 to bring it in line with other members.
When I joined and after looking back through all correspondence at no point does it say they’ll be changing my membership
Is this legal ?
Regards
Andy
Looking for some advice please. I joined Curves gym 7 months ago and have been going three nights a week at 6pm. They have now introduced fitness classes 4 nights a week starting at 6pm which take place in the middle of the gym making it impossible for you to use the circuit machines. Due to other commitments this is the only time of the evening I can go (they close at 7pm) and I do not wish to take part in these classes (there is also a charge for these) I have signed a year’s contract but want to know can I get out of this as I am paying for a service I cannot use. Thank you
I joined a single site private gym owes by a guy and his life partner. I have them a years fees in receipt for 15 months membership (3 months free for prepayment).
On paying I asked what happens if I want to leave or they go bust ! I was assured something would be sorted out !
No contract exists.
They have increased prices which won’t affect pre-payers however in my questions on the members Facebook page the rude messages received and the fact I have been injured twice during this time plus the owner told me not
To contact other members on social media any more and threatened me with legal action based on defamation ! Plus reporting me to the police ! All as I enquired in a polite manner in a social
Arena as to the changes occurring !
Clearly the relationship has broken down and Jack William Curr (JWC gym in Holmes Chapel, Cheshire) is refusing to return any funds.
I now hear he has been mistreating employees and other members have also had a rough ride. Many are now choosing to leave but few are annual payers.
What are my options? Small claims court?
Can I claim the 3 month window added due to prepaid fees ?
Many thanks
Louise Wild
Complaint to ICO re GDPR breach -Virgin Active refuse to delete my personal data and have banned me for life from public pool and Virgin Active because a guest traumatized me and I complained!!!
VIRGIN IS THE HEALTHCLUB FROM HELL
I COMPLAINED TO ICO TODAY because Virgin Active, Lillie Rd, London SW6 7ST have been refusing to delete my personal data.
GDPR BREACH: Because my swimming pool did not reopen after the first lockdown, I went daily to the PUBLIC swimming pool in Fulham which is managed by Virgin Active. While swimming one day I was traumatized by a mentally handicapped young woman who moved, spat, jumped and issued terrible noises that scared, agitated and upset me. Because I complained to Virgin Active staff, I was insulted and threatened by the furious mother and banned from the public swimming pool. I only found out that I was banned when I came for my daily swim. My son was disabled and died, so it is very vicious to accuse me of discriminating against anyone who is disabled.
Virgin Active put an incident note next to my name which is visible on all Virgin Active data and clubs and systems.
I did sent an email to Virgin data protection office and to their management, and got no reply. Why are Virgin keeping me data on their system and banning me for life?
Virgin Active Hammersmith where I was a member for over 5 years 5 years ago, is also still holding my personal data with my old address without my knowledge and consent.
I never got a reply to my request sent to Virgin Active Management and their data request office:
“Subject: VERY URGENT – GDPR BREACH by Virgin Active–
I am over 60, have been a member for five years or so previously at your Virgin Active Club at Hammersmith and I have been a member at another
public swimming pool which is now closed due to the Corona virus issue.
Just to explain my situation:
I am disabled with a disabled pass and heavy mobility issues. I do a.o. also suffer from thrombosis.
I am 24/7 in pain and discomfort.
I had a son who was disabled and died
I have beeen going to the PUBLIC swimming pool at Lille Road because my pool is still closed. I had no issues. There are probably at least 10 people. some of them regulars, who can vouch for my good character and behaviour. Some weeks ago, I asked your staff at the PUBLIC swimming pool which you manage at Lille Road in Hammersmith for help because there was a young girl in the pool. The girl has a mental issue. she was making noises and behaving in a way that traumatized me. While I was swimming, I heard the noises the girl was making and they were scary and frigthening and I got into panic. This is why I called your staff and asked them for help.
I got also traumatized by seeing the strongly haired legs of the girl popping up uncontrollaby while I was swimming my normal rounds. The legs look like men’s legs on a female body and this was extremely disturbing for me to watch. She was in my lane and nobody supervised her. There was a social worker but she did not take duty of care. She was allowing the girl to do everything. She also encouraged the girl to jump into the pool from the side which is forbidden
I told your staff that I was not feeling well. I made it clear that to me the girl triggered traumas….The mother of the girl came to me while I was swimming on another day and assaulted and theatened me verbally from the pool side. She said she would kill me and that I would regret what I had done. She said she would finish me and that she would make my life hell. She said she hates me. She went on and on. I asked the lifeguard on duty for help….”
RESULT OF GDPR BREACH: Now Virgin lied to me when I repeatedly asked them to delete my data from their system and assured me that they would, I did not expect to meet the devil when I signed up 2 days go with Virgin Active over the phone. I received no receipt, no contract,no membership card. The man who signed me up lied and lied. He also assigned me to the wrong club without my consent and knowledge. I only found out when I came to the club that he did not sign me up to Hammersmith but to Fulham. I was shocked. Hammersmith refused to issue me a membership card but said I can come in without one. I had obviously paid to have a membership card.
Today I spent 4 hours today on the phone trying to resolve the issue. Then I cancelled my membership. Today I was told I cannot go to the club. Why? Because there is a note of an incident next to my name. What is scary is that Virgin believe that we, the public, cannot get at them and that they can do with is what they want and breach GDPR and defame innocent people. Virgin had no legal right to ban me from a public pool in the first place. Virgin believe they are above the law and moral conduct and that they can be as evil as they want to because no one can touch them. But, thankfully, there is Trustpilot. I have not received a refund, used the club once, and paid 132 Pounds. I cancelled my direct debit though. Will I get my money back? I do not think so. I WILL NEVER BUY ANYTHING FROM VIRGIN AGAIN.
Complaint to ICO re GDPR breach -Virgin Active refuse to delete my personal data and have banned me for life from public pool and Virgin Active because a guest traumatized me and I complained!!!
VIRGIN IS THE HEALTHCLUB FROM HELL
I COMPLAINED TO ICO TODAY because Virgin Active, Lillie Rd, London SW6 7ST have been refusing to delete my personal data.
They have also totally missold a membership to me. Foirtunately I was able to cancel the direct debit. The money I paid is lost.