Gym membership

Teddy15

Good afternoon I wonder if anyone can help with some advice around gym contracts. I joined a Gym last August on a 6 month contract. I paid for 3 months and then gyms closed through lockdown. Now they have opened again 8 months later I want to cancel my contract (which I only have to give one months notice for) however the gym are insisting I have to pay for 3 further months as I’ve only paid for 3. They mention that my members was frozen. My understanding is that if I freeze it due to injury etc then yes I have to pay for 6 months but I only wanted to go for 6 months. So surely 8 months later I can leave with no penalty. Any advice appreciated 

Grumpy_chap

You would need to read the T's&C's of the contract, but the gym are probably correct.

You agreed to pay for a minimum 6 months' use of the gym.  It is not the gym's fault that the 6 months had to be split into two because of COVID.  It is also not the gym's fault that you are now disinclined to return.

Aylesbury_Duck

Grumpy_chap said:

You would need to read the T's&C's of the contract, but the gym are probably correct.

You agreed to pay for a minimum 6 months' use of the gym.  It is not the gym's fault that the 6 months had to be split into two because of COVID.  It is also not the gym's fault that you are now disinclined to return.

Possibly, and as you say, it will depend upon the exact wording, but there's a difference between a 'six-month contract' and 'six months of contract'.  Most gym contracts are the former, and a shutdown with frozen membership doesn't stop the clock.  If OP's contract is the latter, then they are tied into six 'open' months, i.e. another three months from now.  If their contract is the former, they can walk away because the gym breached the contract by not providing the service for three months.

unholyangel

The gym can't change the terms of what you agreed when you entered the contract, unless you explicity agree to the variation. The fact they were closed means they were in breach of contract and lose their right to the agreed consideration for those periods. The fact it was outwith their control just means they potentially can defend against any claim for damages you might make (for losses you incurred due to their breach of contract). 

What should exactly happen in your situation depends on your contract. If it was a fixed 6 month term then it's unlikely you need to do anything further as the contract should have ended automatically on the expiry of the 6 months. 
If it was a rolling contract with a 6 month minimum membership period then you still need to notify them of your wish to cancel and may need to pay for the notice period. Assuming they're providing services of course (since you say they've opened). But they can't extend your minimum membership period to their benefit & your detriment just because of covid. 

Deedoodee

I signed up for a 9months gym contract in October 2019. Membership was frozen in March 2020 (so I had three months left). I didn’t want to go back after lockdown 1 as I normally go in winter (not July- September when the gyms reopened) and was refunded the 3 months.