Trying to cancel gym membership due to unfair T&C's

tillergirl

I am a member of a gym, my main motivation was attending aerobics classes as the instructor was great. In January the instructor left. I have written to the gym stating they have breached the contract as I joined to attend this particular instructor's classes which are no longer available. Initially there was a small charge (£1.50) to attend an aerobics class but last year they decided to include all classes in the membership price - this was used to encourage people to sign up and I rejoined (at a hgher price than I had previously paid) because of this. The particular instructor I am refering to was on the timetable for 80% of the classes offered.

I have read the T&C's I signed and have also said to that I believe they are unfair and therefore not binding - according to a publication by the OFT, ref 373. The T&C's state 'The management reserve the right to amend any prices or facilities at their discretion'. The statement is very ambiguous. But the gym manager has written back stating that legal advice was taken to ensure the document was legally binding. He has also said that it was the instructors decision to leave and therefore out of their hands.

The gym have provided new instructors offering similar classes at the same times. There has been very little disruption. But it is not the same service I signed up and I do not want to continue my membership there as the instructor has set up on her own - and I want to move there.

Also I joined the gym in October 2008 and paid in full upfront, when my membership was due for renewa in October 2009l I changed my method of payment to DD and consequently signed a contract. But really I have already served the contracted period of 12 months.

I know it may seem minor changing an instructor, but imagine if you used the treadmill in the gym on every visit and then they took them all away and replaced them with crosstrainers. They could say they have simply replaced one piece of CV equipment with another. This is why the terms and conditions are unfair.

Advice please.

4743hudsonj

tillergirl wrote: »

I am a member of a gym, my main motivation was attending aerobics classes as the instructor was great. In January the instructor left. I have written to the gym stating they have breached the contract as I joined to attend this particular instructor's classes which are no longer available. Initially there was a small charge (£1.50) to attend an aerobics class but last year they decided to include all classes in the membership price - this was used to encourage people to sign up and I rejoined (at a hgher price than I had previously paid) because of this. The particular instructor I am refering to was on the timetable for 80% of the classes offered.

I have read the T&C's I signed and have also said to that I believe they are unfair and therefore not binding - according to a publication by the OFT, ref 373. The T&C's state 'The management reserve the right to amend any prices or facilities at their discretion'. The statement is very ambiguous. But the gym manager has written back stating that legal advice was taken to ensure the document was legally binding. He has also said that it was the instructors decision to leave and therefore out of their hands.

The gym have provided new instructors offering similar classes at the same times. There has been very little disruption. But it is not the same service I signed up and I do not want to continue my membership there as the instructor has set up on her own - and I want to move there.

Also I joined the gym in October 2008 and paid in full upfront, when my membership was due for renewa in October 2009l I changed my method of payment to DD and consequently signed a contract. But really I have already served the contracted period of 12 months.

I know it may seem minor changing an instructor, but imagine if you used the treadmill in the gym on every visit and then they took them all away and replaced them with crosstrainers. They could say they have simply replaced one piece of CV equipment with another. This is why the terms and conditions are unfair.

Advice please.

this would be more akin to taking away the treadmills and replacing them with a different brand:cool:

from what you have said, i personally thing the gym are in the right but the only people who can truly advise you are solicitors so go see one!! yes the term is ambiguous but you are being very picky too. IMO

tillergirl

I know the gym have done everything possible to replace the instructor. But there was only 1 weeks notice and the instructor had been there for more than 10 years!!. Surely the gym should have made sure this person had a contract and could not simply leave, instead they just took the situation for granted. That is poor management - whu should I suffer as a consequence?

ThomasK31ly

tillergirl wrote: »

I know the gym have done everything possible to replace the instructor. consequence?

hi,

Are you saying that the instructor has not been replaced or is it your view that the replacement is not up to standard?

tillergirl

The instructor has been replaced with numerous different instructors. I haven't attended any of the new classes - and the gym manager has pointed this out.

But I joined the gym for this specific instructor who isn't there anymore. I have only returned the gym once and I went and used the gym - not a class.

dmg24

tillergirl wrote: »

The instructor has been replaced with numerous different instructors. I haven't attended any of the new classes - and the gym manager has pointed this out.

But I joined the gym for this specific instructor who isn't there anymore. I have only returned the gym once and I went and used the gym - not a class.

So you have not even given the new instructor a chance?

You seem to have a bizarre obsession with your old instructor? Perhaps he has gone into hiding as a result?

4743hudsonj's analogy is spot on. The gym are not in breach of contract.

barvid

Quite how you imagine this is unfair in the contractual sense of the word, let alone a breach of contract that entitles you to get out of the agreement, is beyond me. A gym isn't going to be in breach of contract with ALL of its members any time a member of staff leaves. The clause you've found is nothing unusual. In fact, it's designed to prevent exactly this sort of claim!

tillergirl

how about you went to the gym at 6am before work. Then they decide to change their opening hours and only open at 7am which results in you being unable to go. would you just accept it?

dmg24

tillergirl wrote: »

how about you went to the gym at 6am before work. Then they decide to change their opening hours and only open at 7am which results in you being unable to go. would you just accept it?

If you only ever used the service at 6am, and you stipulated this when you took out the contract, you may have a right to terminate your contract. However, the service that you signed up to is still available, albeit being instructed by a different person.

What is your obsession with this instructor?

tillergirl

They are just really good. The classes are choreographed really well and I get a really good workout. It's nothing weird...honestly.

dmg24

tillergirl wrote: »

They are just really good. The classes are choreographed really well and I get a really good workout. It's nothing weird...honestly.

How do you know that the other instructors will not be as good?