Personal Trainer refusing refund for unused online sessions

[Deleted User]

For some context, my PT is an independent trainer who operates within a commercial gym. 

I had first used him August-November 2021 with once a week face-to-face sessions. I paid a total of £465 for 12 sessions over 3 months. 

He had recently sent me an email in August 2022 regarding a ‘test programme’ of losing 5kg within 3 months. This would be an online only coaching and would be £600. He wanted to use 5 people as a test programme before he officially launched his service in December. He offered me to pay £200 every month - or £600 upfront. I paid upfront. It is important to add there were no terms and conditions attached to this, merely an implied verbal contract. 

Every week there would be a check in from which would give me a chance to ask what I needed from him to improve - he would then make a video and send it to me. Every week, he didn’t address these needs or look at what I was asking which I feel is a big part of my failure to succeed. As well as this, I personally felt more motivation and worth from face to face sessions over the online coaching.

He spent a week in Dubai during this online coaching at a PT conference - fairly sure it was a place for people like him to inflate each others ego’s and learn how to make more money by drawing out insecurities from prospective clients.

I asked him upon his return that it was not working for me and explained that I felt the value of F2F sessions were better suited for my needs and mindset on how to properly train. He said I was not 100% involved in the coaching process, when I was in constant contact with him - and paid £600 to show my commitment. However, as he specified it’s a test programme - and something like that isn’t a one size fits all. I said I would not ask for the last 4 weeks money refunded as I used his services. However, for October and November (£400) I would ask to be refunded for unused services. 

He was extremely manipulative in his response - saying ‘you haven’t kept your promise to yourself and me’ - ‘out of all the 5 guys who started, you are the only who’s not making progress and is unhappy’ (he never said I wasn’t making progress throughout the 4 weeks). 

My response was as follows:

“This isn’t a case of me giving up, this is a case of preference. I can’t be compared with anyone else because this is personally something I have not gelled with and thought I would at least give it 1 month. 

I prefer face to face and that just is what it is. I know myself and how much I was getting out of f2f sessions 1 month in and this, for me personally, doesn’t touch that. 

I really don’t want to go back and fourth about it because my mind is most definitely made up. As you had mentioned, this was your first testing of this new programme and it’s not possible to have something that’s a one size fits all. If you could please return monies for months 2+3 that would be great.”

He then did not reply to me for 6 days. 

I then messaged him asking if he needed my details and his response was as follows:

“Please refer to my previous messages. 

Unfortunately I won’t be able to meet your expectations with a refund on this occasion.

Should you no longer wish to continue, that is entirely your decision and I’m sorry to hear that you do not feel that that the programme hasn’t met your requirements.

Please confirm your withdrawal so I can fill your place at the end of your term.”

I simply said that I would follow up with soon. 

I’m fairly certain I have a right to refund for unused services. He is not at a detrimental loss for business profits due to me cancelling - especially as he’s stated he will be filling the spot. 

As he said it’s a test programme and I could pay £200 per month - there was no written contract or stipulation that would require me to continue paying the £200 each month.

I’ve contacted a family friend lawyer who I’ll have a chat with next week to see what my options are. £400 is a lot of money for him to keep - and it’s not even like he missed out on prospective in person clients as it’s online! He’s also said he’ll fill the spot so I don’t understand why he can’t give me my money back? 

powerful_Rogue

A bit confusing.

You paid £600 for an online only program, however now feel face to face works better for you?

There doesn't need to be a written contract, the fact you paid £600 upfront for the course and took part in some of the sessions shows a contract is in place.

I can't see what the PT is doing wrong here.

Manxman_in_exile

I haven't read all the OP yet so maybe I've got hold of the wrong end of the stick, but if a personal trainer asked me to take part in a weight loss programme or package that they were "testing", I'd expect them to be paying me, not the other way round...

powerful_Rogue

Manxman_in_exile said:

I haven't read all the OP yet so maybe I've got hold of the wrong end of the stick, but if a personal trainer asked me to take part in a weight loss programme or package that they were "testing", I'd expect them to be paying me, not the other way round...

Ditto, paying £600 to lose 5KG (1/2 stone in old money) in 3 months is crazy.

[Deleted User]

So it’s 5kg as a minimum. This isn’t the essence of the issue - the issue is that he will not refund for unused services. 

The contract is not complete. 

[Deleted User]

I’m not getting the same value as I did for F2F sessions is what the issue is… 

It is only online - I haven’t met him once since partaking in this programme, which I’m aware was the case. But compared to last year it doesn’t touch upon the value I was receiving last year. 

I’m aware there’s a contract? It’s an implied, verbal contact - not expressed written contract. However giving me the option to pay £200 a month would not have stopped me from cancelling the contract - he would have been unable to enforce me to pay. 

Does that make sense?

born_again

JSingh98 said:

So it’s 5kg as a minimum. This isn’t the essence of the issue - the issue is that he will not refund for unused services. 

The contract is not complete. 

But it is you who are not completing the contract. The trainer is still offering their services.

[Deleted User]

Due to his poor services… I’m not getting out of it what I should be. I’m a trainee lawyer wanting advice - I’m speaking from a legislative perspective - not a personal one.  

[Deleted User]

You know it’s possible to break a contract without being liable? I’m asking for more specific advice…. If it can show to be a business loss - which in this case it isn’t as he’s filling the spot… 

Potbellypig

If you take the emotion out of it from your side, then you'll see that he's still offering the services that you both agreed to.

Manxman_in_exile

JSingh98 said:

... I’m aware there’s a contract? It’s an implied, verbal contact - not expressed written contract. However giving me the option to pay £200 a month would not have stopped me from cancelling the contract - he would have been unable to enforce me to pay. 

Does that make sense?

JSingh98 said:

Due to his poor services… I’m not getting out of it what I should be. I’m a trainee lawyer wanting advice - I’m speaking from a legislative perspective - not a personal one.  

Crikey!

You should know then that all contracts are verbal (ie to do with words).*

Some contracts are in writing because there is written evidence of them.

Other contracts are what I was taught were oral contracts, but that phrase tends to be frowned upon these days and either spoken or vocal seems to be preferred.  Certainly both spoken and vocal are more accurate and convey more information than does verbal.

If you are a trainee lawyer I'm even more astonished that you would voluntarily pay somebody £600 so that you could be a guinea pig participant in some test trial of a product that they hope to make money from.  As it's a test you don't even have any reason to believe it will work...

And you voluntarily paid up to the experiment on humans test being online and not face to face.

*As I'm sure you are aware, the existence of some contracts can also be inferred from the conduct of the parties