Gym membership

londonTiger

Hi I joined a gym on Monday called Qmotion

the website is www[dot]qmsu[dot]ac[dot]uk/qmotion

I had a quick look at the pictures they had on their website, and decided I wanted to join, I join paticularly because they have powerlifting equipment which I assumed was availabe for everyone to use.

before I signed up I asked to see if I can have a look at the gym first, the receptionist told me I needed to be supervised and couldn't get in the premisis on my own, and since it was peak time nobody was available, I shoud come back the following day.

However i NEEDED to train badly so I just joined for 3 months pre-paid membership

30 minutes after I joined and got on the gym floor, I realised that the powerlifting area is reserved soly for the uni rugby team which I am not a member of, and this really got on my nerves, because I joined because of that, so I asked the manager I would like a refund because I dont have access to that area.

The manager would not budge.

She said once membershop is signed for and paid, the gym doesn't have to give anyone's money back.

I paid with my visa debit card, and I can do a chargeback, however I don't want the gym to get overzealous with this and refer this to their legal team, or sell off the debt to a debt collector who send bailiffs round, all for £110

I mentioned to the manager, surely there is a 7 day cooling off period which I'm entitled to, the manager says there's no such thing, and their policy is strictly stated on the terms and conditions.

I didn't actually read the T&C before signing, however at the end of my workout on the way home, I asked for a copy of their T&C and they said they do not have it printed out, but I can look at it on the website... I know it's weak, but surely the fact that they dont have the t&C on hand for people to look is grounds for me able to get refunded??

Tozer

Not a leg to stand on. And as for the NEED to train - get a grip!!!!

Hazel2705

When you signed the contract with them were you not given a copy?

miss_independent

I had a problem with a gym, I got injured after my first session and after paying for a long direct debit contract. I thought I had lost my money but I wrote a polite e-mail explaining that I was injured due to being inducted incorrectly (I wasn't told the machines weren't suitable for anyone under 5"5 and I'm 5"2) and given that there is a seven day cooling off period (and my dr would have provided a written statement), I have canceled my direct debit and they were fine with it even though it wasn't written anywhere that there was a cooling off period. I cancelled my direct debit before writing to them though - to be honest, I don't think they HAVE to give you your money back but it is worth another try perhaps with another member of staff.

hollydays

How can you have a contract with no terms and conditions?
You can't do a chargeback.
The website says they have a resistance zone,what's that then?

pmduk

hollydays wrote: »

How can you have a contract with no terms and conditions?
You can't do a chargeback.
The website says they have a resistance zone,what's that then?

A resistance zone is when you want your money back and they resist paying it!

spammylou

On III it says you MUST fill out a questionnaire and have an induction before you can train - so they have broken that condition themselves... so you could try using this paragraph below to get out of it. You could say you have injured yourself as a result.

There is no cooling off period mentioned. If they didn't give you a copy of t&C and contract then there is no contract and you should be entitled to a refund.

6.13 You may terminate your membership immediately on giving notice to the club:
If we commit a serious or repeated breach of these terms; or
On grounds of the unavailability of facilities where the unavailable facilities comprise either a substantial part of any particular facilities or a substantial part of the club’s overall facilities. In either case such unavailability must have a material adverse effect on your use of the club and the whole or greater part of the affected facilities must be unavailable for at least 20 days in any period of 60 days (or at least 60 days in any period of 365 days). If the unavailability is less than this (in effect, time or extent) then you may be entitled to compensation, but not to terminate your

londonTiger

thanks spammylou, that's brilliant!!!!

This is the strongest thing i've got now... ))

The fact that i didn't get an induction and was allowed into the premisis willy nilly maybe be my only hope.

I did fill ouyt a basic questionare about my past medical history

and the form i signed also had the statement "i agree to te terms and condiontions as stated on xxxxxxx"

so they've got those two covered.

I'm thinking maybe they'll say "OK we'll give you an induction now then" and refuse to budge.

And get bored out of my !!!! by a personal trainer who doesn;'t have a clue about the needs of performance athletes and patronise me about how to operate silly machines that are useless.

BargainGalore

This is the same gym you got the cheap quality lock from and now found it crap

Pete*G_4

firstly, your web address in the 1st post is incorrect, it's www.qmsu.org/qmotion

secondly, as I sell gym membreships daily and have worked in the industry for several years, hopefully I can help a bit

I would certainly be looking at exercising your right to cancel under 6.13, I have highlighted the bits worth looking at, in a couple of colours as there are a couple of clauses you can use... and so I quote...

6.13 You may terminate your membership immediately on giving notice to the club:

...

If we commit a serious or repeated breach of these terms;

"Club Rule III" has been breached, as you were not properly inducted. This would represent a "serious" breach, and in addition each time you use the gym they will be "repeated" breach of the terms.

Under clause 2 of the T&C's, subheading of "The Facilities", it states..

if we make a significant change to the opening hours and/or facilities available you may have the right to cancel your membership under clause 6 of these terms

By leading you to beleive (through advertising on the website) that the "powerlifting" equipment (technically they are just free weights) was available to you at the point of signing up, and then subsequently informing you that it isn't, they have significantly changed the facilities available... which leads me nicely onto the second reason you can argue your right to cancel...

On grounds of the unavailability of facilities where the unavailable facilities comprise either a substantial part of any particular facilities or a substantial part of the club’s overall facilities. In either case such unavailability must have a material adverse effect on your use of the club and the whole or greater part of the affected facilities must be unavailable for at least 20 days in any period of 60 days (or at least 60 days in any period of 365 days). If the unavailability is less than this (in effect, time or extent) then you may be entitled to compensation, but not to terminate your membership.

Unless you intend on joining the Uni's rugby team then you will be unable to use the facility for 20 days from 60, and thus they breach their own terms & conditions here as well.

One word of warning though, have you checked that the free weights ("powerlifting") area is permanently reserved for the Rugby team? or was just reserved at that particular time? I suspect it was just reserved for that particular session, they probably booked it out. As such, it's no different to a studio booking, and thus you have no grounds to argue.

IIWY I'd pursue the health and safety issue of the fact you've not filled out a PAR-Q or had a supervised induction. Without a PAR-Q or Medical Declaration/Personal Consent form, the club would be in breach of any FIA accreditation that they have.


As an aside, it looks like their staff have barely 5 years industry experience between them, with no mention of any Level Three qualifications between any of them... Hardly inspires any confidence on their abilities!