Cancellation of Living Well Gym membership

chapelhall

Any advice would be greatly appreciated

I visited my local Living Well club with the intention of taking a family membership. The member of staff explained the costs for my wife(who was not present), my daughter(3 years old) and myself.

I was asked to complete a Membership Application which had three areas for signature. I have signed the application and the direct debit instruction however i did not sign the section confirming this was a 12 month Membership. I was also told just to sign my wife name in her absense.

I was not provided with a tour of the club therefore was not made aware that the changing areas do not have seperate changing for the gym and swimming pool. My wife only realised this on her first visit with my young daughter 2 days later.

I was also required as part of the contract to complete a physical activity readiness questionnaire, which i have never seen or completed

We are not happy that a three year old has to change within an adults area with no cubicles and subsequently made a call to cancel the membership.

Living Well have point blank refused and dismissed the fact that i have not signed up for a 12 month contract and that I effectively signed the form on behalf of my wife. They have also failed to answer my query regarding the suitabilty of the changing facilities for a young child.

Can anyone provide some help

Thanks in advance

DVardysShadow

You have got yourself in a right muddle and now you are trying to wriggle on things that you really have now excuse to wriggle on. Bluntly, if you go out and sign contracts without checking what you are getting and then change your mind, you should not be allowed out on your own and you should always go with your legal guardian.

Now the fact that your wife did not sign but you signed on her behalf means that she does not have a gym contract. You have a gym contract to provide gym services to yourself and to your wife.

As you say the contract requires you to fill in a physical activity readiness questionnaire, it would seem that you are in breach of the contract - you should ask for a copy to fill in - and request in writing if it is not forthcoming. But there is not a lot of point if you want out. If the contract requires the gym to conduct an assessment using the questionnaire, they would be in breach too.

About the only point in your favour is that you did not sign up for the year. Do you have a copy of what you signed? My bet is that a reasonable copy of your signature has found its way onto the original by now. As you did not sign for the year, you should check your copy of the contract for a cancellation clause and follow that. If there is no cancellation clause, give written notice of one month starting at the end of the month you are in. Keep a copy. I suggest you deliver by hand and take a witness and that you diary the event.

meer53

Why did you sign the contract without looking at the facilities ?

arcon5

It's not uncommon for gyms to use the same changing facilities for both the gym and the pool, although the flooring is usually non-slip. Although I do find it unusual that they don have any cubicles.

Why didn't you ask for a tour before applying for membership?

#2 responds perfectly, although I would be surprised if they did accept 1 month notice to cancel. Although not signing one area MAY be your savour, they could argue your 2 signatures demonstrate you read and agreed to the entire contract.

It's more than likely they also want your wife's signature so if there is any problems they can pursue both or either of you as you are jointly liable. Although as it stands the oh has no contract with them.

cattie

DVardysShadow wrote: »

Bluntly, if you go out and sign contracts without checking what you are getting and then change your mind, you should not be allowed out on your own and you should always go with your legal guardian.

Thank you for my daily smile courtesy of MSE. :rotfl:

chapelhall

DVardysShadow wrote: »

You have got yourself in a right muddle and now you are trying to wriggle on things that you really have now excuse to wriggle on. Bluntly, if you go out and sign contracts without checking what you are getting and then change your mind, you should not be allowed out on your own and you should always go with your legal guardian.

Now the fact that your wife did not sign but you signed on her behalf means that she does not have a gym contract. You have a gym contract to provide gym services to yourself and to your wife.

As you say the contract requires you to fill in a physical activity readiness questionnaire, it would seem that you are in breach of the contract - you should ask for a copy to fill in - and request in writing if it is not forthcoming. But there is not a lot of point if you want out. If the contract requires the gym to conduct an assessment using the questionnaire, they would be in breach too.

About the only point in your favour is that you did not sign up for the year. Do you have a copy of what you signed? My bet is that a reasonable copy of your signature has found its way onto the original by now. As you did not sign for the year, you should check your copy of the contract for a cancellation clause and follow that. If there is no cancellation clause, give written notice of one month starting at the end of the month you are in. Keep a copy. I suggest you deliver by hand and take a witness and that you diary the event.

Thanks for the reply.....althought haven't got a clue what you are on about in paragraph 2?? Think you are trying to say my wife doesn't have a contract which I agree with.

Would also point out adding a signature to the original is clearly impossible as I have the original copy in my possession? Any action to alter the copy held be Living Well would be pretty silly don't you think? Also note there is no reference to cancellation other than on medical grounds.

Cheers for your response and my legal guardian says thanks also:rotfl:

DVardysShadow

chapelhall wrote: »

Thanks for the reply.....althought haven't got a clue what you are on about in paragraph 2?? Think you are trying to say my wife doesn't have a contract which I agree with.

Possibly I expressed para 2 poorly. The gym is not contracted to your wife for anything. They are however contracted to you to provide gym services to your wife.

It is a subtle point. The gym are definitely contracted to provide gym services to both of you, even though you signed for her as well as yourself. There is no get out for you on the strength of the 'wrong' signature. All it means is that if she does not like anything about the service provided, she has to complain through you. And if the gym are not paid, they will get nowhere legally pursuing her - they would pursue you instead.

JethroUK

If you haven't signed for 12 months membership, what exactly have you signed for??????????

15 second contract?? - in which case it's fulfilled

without that information nobody can say owt about your case

shoe*gal_2

I'm curious about something. Every gym I have ever been to has the same changing area for the pool and the main gym. Most have a couple of cubicles and my current one has disabled/family changing. I have a three year old son and if the family room is busy and there are no cubicles I have no issue with him being in the main changing area. He's towelled dry and dressed and it's not like there are naked women strutting about just women in towels being discreet when there are children present. What happens in your gym that is so inappropriate for a three year old to be in the changing room?

Hintza

shoe*gal wrote: »

What happens in your gym that is so inappropriate for a three year old to be in the changing room?

Good question. But the real reason is buyers remorse and the OP wants out of the contract and is now clutching at straws.