Business or Consumer Contract

10005769

Hi,

I've had a look through the sub-forum lists and think this looks like the best place for me to post. Forgive me if this is incorrect and please move this thread to somewhere more suitable if that is the case.

I am a self-employed personal trainer and have signed a contract with a company (call it X) whereby they allow me to sell my training services in a gym (Y) that is part of a gym chain (Z) in exchange for a monthly fee from myself. This is a minimum 6 month contract.

Part of this contract states as one of the responsibilities of X that there will be no more than 1 personal trainer per 600 members in gym Y. There are less than 1000 members and I am actually the only trainer in a contract with X that is in gym Y. However, gym chain Z provides it's members with free 30 minute, 1-1 sessions with an employee of any of it's gyms including health checks, nutrition advice, motivation and a training programme. In gym Y I have watched those employees deliver these sessions and then book those clients in again for their next session later in the week.

As far as I am concerned (and also the gym members I would assume), those sessions ARE personal training sessions. They are also advertised online on the membership benefits webpage as "Free 1-1 personal training sessions". The director of X has been dismissing my complaints of this activity stating "that is not personal training".

So after detailing that long story (sorry) I have two questions:

-Is it within my rights to terminate this contract on the grounds of a breach on the behalf of X as the ratio of personal trainers to gym members is more than they stated?

- Would I be considered a consumer or a business in this contract? I signed it at home before sending it off and have signed it as myself (I have a LTD business but did not sign the contract under the name of the LTD business and the contract states my person as the 'licensee').

My reasoning behind the second question is that I have found some information regarding a cooling off period of 14 days as a consumer; the contract went live on July 1st and I have received an email from the director of X today (7th July) saying that he will get back to me in 7 days (I asked what my next steps would be to terminate the contract). I am wondering if I can simply step out of the contract right now under the cooling off period clause before this gets into a terminology war of what is and isn't "personal training".

A few extra points that may be important:
- The contract states that it is between company X and me.
- There is mention in the contract that company X allows me to carry out my business at gym Y.

Thanks in advance.

vuvuzela

You would be considered a business as you were selling services to consumers and had a business to business contract between you and the gym.

Blackbeard_of_Perranporth

Should your question be that have you exclusivity of Personal Trainer for the Gym?

If so, and their staff are taking your customers? Then their staff, if you have exclusive contract with the gym, are in breach of your contract.

bod1467

It may depend on the precise wording of the contract. For example it may relate to one EXTERNAL (3rd party) personal trainer per 600 members, and staff may not be included in that figure.

10005769

Thanks for the replies.

I have been provided with a definition of a consumer under current contract law and I am definitely not it. That's disappointing.

I am going to send them a letter requesting a termination and hopefully they will oblige out of good will. I would think it is in their interest to avoid disgruntled 'licensees' represting them.

unholyangel

10005769 wrote: »

Thanks for the replies.

I have been provided with a definition of a consumer under current contract law and I am definitely not it. That's disappointing.

I am going to send them a letter requesting a termination and hopefully they will oblige out of good will. I would think it is in their interest to avoid disgruntled 'licensees' represting them.

Just because you're not a consumer doesn't mean you're necessarily stuck - just consumers have far greater protection than businesses because businesses should be more used to dealing with contracts so should be more aware.

A breach of contract is a breach of contract - just whether it will invalidate the contract is another matter.

Have you checked the terms and conditions to see whether it describes the services you are contracted to provide?