Ashbourne Membership Management Gym Contract

needaname15

Hi all,

I have recently emailed Ashbourne Membership Management advising them that I wish to cancel my gym membership with one of their clubs.

I supposedly have a 12 month contract, which was started in June 2015. I no longer need the gym as I have one at work I can use.

I wrote to them advising I wish to cancel, this is the reply I got from them:

'Hi Adam,

Thank you for your email.
Your account is in fact all up to date with the direct debit set up for the 17th of every month.

However we require a further 5 payments until the end of your contract. We have received 10 so far.
You have signed for a 12 month contract with a 3 month notice period.

We can apply the notice now for you so it will automatically close in September 2016.

Many Thanks'

I have done a bit of reading on them and I am aware they cannot enforce 12 month contract PLUS 3 months notice.

Can anyone advise on where I stand? I have requested a copy of my contract from them as I seem to have misplaced the paper copy at home.

Thanks in advance.

cono1717

I would say its entirely enforceable if it's in the contract you agreed to when you signed up?

Super_Whiskey

Based on what's there, I'd say that that 3 month notice period only applies within that 12 month contract. Does it then roll on to a 30-day rolling contract? If so, an option might be to give notice after this ends so you only have 3 payments instead of 5.

I'm sure there are those who are a bit more clued up on things like this. You initially agreed a 12-month contract with them and as annoying as it is, it's not the gym's fault you've decided to change your mind. You might just have to take it on the chin and pay the remainder of the contract at least and going from there you might get away with not making the 3rd payment which is where someone with a bit more knowledge might be of help!

needaname15

cono1717 wrote: »

I would say its entirely enforceable if it's in the contract you agreed to when you signed up?

This is what I want to check.

I realise if I sign up to something I am obliged to the conditions, but sometimes conditions are judged unenforceable or wrong and therefore no matter if you signed they are void?

Thanks both for the replies so far.

NYGiants

Can you cut and paste their terms and conditions of cancellation?

Normally the 3 month notice period can be sent during the initial 12 month contract, for it to cancel after 12 months.

needaname15

I've found the contract and it says 'minimum 12 month contract with 3 months notice period once 12 months has elapsed'.

Looks like I made mistake of signing a !!!! contract.

No worries - live and learn.

Super_Whiskey

Ouch that is harsh. Hopefully with a bit of sweet talk you might be able to persuade them to let you put the notice in now. If it doesn't work over the phone try going in to the gym and speaking to someone in there.

wealdroam

I would suggest that you can give three months notice after nine months have passed, to end the contract immediately after the twelve month minimum term expires.
Obviously you have missed that opportunity, but the contract should end three months from now.

Or are they saying "although we have told you there is a twelve month minimum term, what we really mean is that there is a fifteen month minimum term"?

Ashbourne have history - Health and fitness clubs: unfair contract terms

needaname15

wealdroam wrote: »

I would suggest that you can give three months notice after nine months have passed, to end the contract immediately after the twelve month minimum term expires.
Obviously you have missed that opportunity, but the contract should end three months from now.

Or are they saying "although we have told you there is a twelve month minimum term, what we really mean is that there is a fifteen month minimum term"?

Ashbourne have history - removed as new user

I see this ruling was 2011, my contract was 2014 so I am presuming they have rectified the contracts to now be compliant?

macman

As above, it's a 12m minimum term, not a 12m contract. Fail to give notice and it continues, just like your mobile contract-though that usually requires only 30 days notice.

unholyangel

wealdroam wrote: »

I would suggest that you can give three months notice after nine months have passed, to end the contract immediately after the twelve month minimum term expires.
Obviously you have missed that opportunity, but the contract should end three months from now.

Or are they saying "although we have told you there is a twelve month minimum term, what we really mean is that there is a fifteen month minimum term"?

Ashbourne have history - Health and fitness clubs: unfair contract terms

I'm pretty sure when OFT took ashbourne to the high court that one of the terms listed as being unfair was the OP's situation - not accepting notice to coincide with the remainder of the contract and not offering a discount for accelerated payment.

If I remember right, the 3 month notice on top of the minimum term was deemed unfair because it conflicts with the minimum period being 12 months. If you can't give 3 months notice till the minimum period has ended then the minimum period isn't 12 months, its 15.