cancelled gym membership

dcfc67

My daughter signed up to a local gym and agreed to pay by direct debit after she got a part time job.

As the job impacted on her school work she quit after a few months and cancelled the DD and gym membership.

They are now chasing her for unpaid payments, returned DD

Think they are trying to say she is tied in for X amount of months.

Can the force her to pay this as she is still a minor

JGB1955

Did she 'sign' something (even online) saying she was 18+? ......

dcfc67

No ,

she signed up in person filled a form in with her age (17)

eskbanker

dcfc67 said:

she signed up in person filled a form in with her age (17)

Does the form make any reference to the Ts & Cs of the contract she was entering into?  There is often an assumption that a minor can't enter into a contract but it's not as black and white as that, so it would be worth establishing exactly what she signed up to, in terms of minimum membership period and the notice period required for cancellation, as gyms aren't exactly renowned for pay-as-you-go flexibility....

alternate

Write to the head office pointing out her age.  They might waive the minimum term to avoid any bad publicity.

Olinda99

... or you tell her that signing a contract has consequences that can't just be wished away and this is a harsh but fair life lesson

sheramber

Also explain to her that cancelling a direct debit does not cancel a contract to pay.

Exodi

dcfc67 said:

My daughter signed up to a local gym and agreed to pay by direct debit after she got a part time job.

As the job impacted on her school work she quit after a few months and cancelled the DD and gym membership.

They are now chasing her for unpaid payments, returned DD

Think they are trying to say she is tied in for X amount of months.

Can the force her to pay this as she is still a minor

The age issue aside, it's extremely common for gyms to tie you into 12 month contracts - a lot of gyms make the bulk of their money from the people that don't go (thankfully no contract gyms are growing in popularity, but I'd still say they are the minority).

In fact, I'd say this scenario is a part of life! I similarly signed up to a gym when I was 18, went a handful of times then quit (having the pay the rest of the year)... in fact a lot of people I know have also done this.

I wouldn't be making a fuss over that, gyms are very aware of their rights on this front - it almost certainly would have been stipulated in their terms and in their cancellation policy.

Cancelling a direct debit does not magic away the contract. I can't just cancel the direct debit for my lease car and leave the car in their parking lot and whim the agreement to magic away.

However, I'd say the contract would not be legally enforceable as she is a minor - but a lesson should still be taken away from this!

EDIT: unless you consented on her behalf (or she signed to that effect!)