Gym price rise - Cancellation rights?

35 Posts

Good afternoon everyone,
I am currently 7 months into a 12 month agreement with Everybody Gym with a family membership at £69.99pm. They have emailed me today stating that from 1st April the price will rise to £74.99 per month. As small as the increase is, with every other contract I have also being increased, this is just one I simply cannot afford.
I have checked their terms to see whether I am able to cancel the contract and found the below:
12. All Everybody direct debit memberships are agreements in accordance with the Direct Debit Guarantee and are subject to regular price reviews. Any change to memberships will be notified in writing a minimum of 10 days before any intended change.
14. Memberships cannot be cancelled prior to the agreed contract length that you have signed up for and the last payment has been made. A contract may be cancelled once the final payment has been collected, this requires 10 days advance notice in writing to Everybody Health & Leisure to the e-mail address [email protected] A confirmation e-mail will be sent back. Queries on cancelled memberships can only be dealt with when a copy of the confirmation e-mail and ticket number is provided.
Am I right in thinking that based on the above I have to accept the new price rate and have no way of getting out of this contract?
TIA
I am currently 7 months into a 12 month agreement with Everybody Gym with a family membership at £69.99pm. They have emailed me today stating that from 1st April the price will rise to £74.99 per month. As small as the increase is, with every other contract I have also being increased, this is just one I simply cannot afford.
I have checked their terms to see whether I am able to cancel the contract and found the below:
12. All Everybody direct debit memberships are agreements in accordance with the Direct Debit Guarantee and are subject to regular price reviews. Any change to memberships will be notified in writing a minimum of 10 days before any intended change.
14. Memberships cannot be cancelled prior to the agreed contract length that you have signed up for and the last payment has been made. A contract may be cancelled once the final payment has been collected, this requires 10 days advance notice in writing to Everybody Health & Leisure to the e-mail address [email protected] A confirmation e-mail will be sent back. Queries on cancelled memberships can only be dealt with when a copy of the confirmation e-mail and ticket number is provided.
Am I right in thinking that based on the above I have to accept the new price rate and have no way of getting out of this contract?
TIA
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Replies
Overall I think there's a few arguments whereby you either don't get an increase until after yoru tie ie or they let you cancel. I'd write to say that you disagree and what you expect.
If so then you agreed them when you signed up, as @cymruchris explains above.
If the gym has changed any T&Cs since you signed up and you did not confirm your agreement to the changes then they don't apply to you.
It's far to broad not to be unfair, and you can't agree to an unfair term.
EDIT
Just think what this term could do.
Every week they could increase the price as that would cover
"regular price reviews"
Couldn't they justify that as the price increase was less than RPI it was quite valid?
But the term they are using would give them the power to rise prices weekly and by whatever amount they choose.
As that term is unfair then any price increase (even a small one) can't be enforced as the term for the increase doesn't exist in law.
On the issue of RPI rises a person will know how the rise is calculated and when it takes effect, although not the amount in cash.
Personally I'm not a fan of RPI increases but wouldn't say that they are unfair.
If they offer to keep me at £69.99pm - with Clause 12 being deemed "unfair" does this void the whole contract and allow me to leave? If I'm being honest I haven't actually used the gym membership as much as I'd hoped as I took a new job, I've probably used it 4 times since August 2022 which is my own fault I know but if I can use this to my advantage to cancel outright I'd like to.
I can only state what I would do
I would point to that term and state it's clearly unfair, and as such it it has no legal standing.
So they would have two options, keep the monthly payments the same or allow me to cancel.
If their choice is no increase they haven't broken any terms, so can't cancel.
I would make it very clear that I do not agree with any increase
If they don't agree/ reply I would let them take the direct debt out showing the increase fee, then I would contact bank to reverse the DD saying it was more than I agree to.
I would then expect threatening letters about non-payment, but I would be willing to fight in they chose to take court action.
If it breaks, well it wasn't working right anyway.