Gym Membership

cbeard1994

Both myself and my partner signed up to a gym membership in November 2019, with the contract due to expire at the end of November 2020, paid monthly by direct debit. As part of the Coronavirus, the gym was shut, and both of our memberships were frozen for 4 months. We have now received note from the gym that our new expiry date of the contract will be the end of March 2021 (the additional 4 months that our membership was frozen for). Both of us now have other commitments, so will not be using the gym as much as we could do, therefore where do we stand on the gym freezing our membership? Can they enforce that our contract is extended by these 4 months to the end of March?

[Deleted User]

Start by looking at your terms and conditions.  The proposed extension isn't an unreasonable starting point in itself.

cbeard1994

It states the "end date is 30/11/2020 (subject to extension if placed on freeze/suspension)". As a consumer, can they enforce this, despite the closure of the gym being out of our control?

[Deleted User]

Yes, that looks to be a valid term.  The closure of the gym was out of everyone's control.

jon81uk

What does the contract say about you making a freeze?

For example my current gym contract states "Direct Debit Membership freezes can be processed for full month periods between billings dates for up to 3 consecutive months. Direct Debit memberships are entitled to a single freeze per 12 month period."

But I don't have a minimum term and just need to give 7 days notice.

You need to look for similar terms for your gym and work out what you can do.

I assume your gym didn't take payment over the closed period? Therefore your cost for 12 months membership (the minimum term) is still the same even if it is taken over 16 months. You are not being asked to pay any more?

ANDYPANDY

My daughter has had a similar thing happen to her.  She joined her gym as it was 24 hours and as she suffers with anxiety will only go very late at night when it is quiet. The gym now closes at 8pm and she will not use it so she has asked to cancel her membership on the understanding that the opening hours that formed part of the contract have changed.  They have responded by telling her that at some times in the day it’s actually quite quiet - completely misunderstanding the condition she suffers with.  Is she right to insist on cancellation?

ANDYPANDY

I should add that the similarity is that her membership locked her in for a year and it has been extended due to the ‘freeze’. 

onwards&upwards

Has she asked about freezing or suspending her membership until the normal opening hours can resume?

I'm not sure if its remotely useful but my experience has been that gyms and pools are indeed much much quieter than they were before this.  I like to go later when its quieter too but since they reopened I've been able to go at times that used to be really busy and there will only be me and maybe 2 or 3 others there.  I hope its enough for the gym to survive but its nice to have so much space!