Gym Annual Membership - Contract Not Signed and Payment Taken

focus77

In June, I received an email from my gym’s club manager offering me a loyalty deal to “re-sign” with them to receive 14 months for the price of 10 months. I accepted the offer by email reply and the manager called me on 28 June and took payment by credit card over the phone. 

Since then I have not attended the gym nor have I signed a new gym membership contract. I tried to access the gym’s app to book classes on Sunday and could not register as the app said all my details (mobile, email and key fob number) did not exist. I contacted the gym and was told as I had not signed yet, my membership was not active on their system causing the problem. The gym representative offered to text me a link to digitally sign my contract but the start date would be 28 June and only the club manager could amend this. The representative did offer to add a month’s membership if I went ahead and signed the contract but I opted to leave a message for the manager to call me. 

Yesterday I received an email from the club manager advising the club is not liable for me forgetting that I was told to come in to sign the contract and not trying to access the gym sooner, therefore he would not add any months to my membership nor adjust the contract starter date. 

During the summer I was receiving weekly psychological treatment for PTSD/BPD and another mental health disability which affected my concentration an d mood and may of contributed to my part in not remembering a contract needed to be signed nor making the effort to attend the gym. I also have ADHD treated with medication and am under the care of a psychiatrist I see very few months. My ADHD symptoms have been exacerbated during my psychological treatment. I accept I have a part to play in this problem but feel the gym also does (eg not following up the signing of the contract to complete their records). 

What is my position in terms of a) consumer law and b) equality law regarding how I may respond to the gym club manager’s message? I have not yet informed the gym manager of my mental health and learning disabilities. Thank you in advance for any suggestions or advice. 

user1977

focus77 said:

I have not yet informed the gym manager of my mental health and learning disabilities.

Then you can't expect them to take account of them and provide any reasonable adjustments (if that even is relevant in this scenario).

It might be the case that if you know you have trouble remembering things, you ought to be taking your own measures to deal with that (such as setting reminders etc). I can't see that "not remembering to go to the gym of which I am a member" is something which ought to be the gym's responsibility.

Alderbank

Exactly as above regarding the Equality Act.
Going forward you should be able to meet the gym manager or an assistant in private, explain your condition and, the main thing, tell them what they could do to assist you. Everyone agrees that going to the gym is good for our mental health, I know it works for me.  If loud noises are a problem for example because of your PTSD they might be able to tell you when the gym is quietest or even arrange 'quiet' sessions which might suit you as well as others with similar conditions. Be aware though that they don't have to, they can say it is not reasonable to make special arrangements. In your personal case weekly email reminders to go might be helpful. With your permission, the manager might be able to introduce you to a 'gym buddy' who would look out for you, encourage you to attend, be your 'spotter' for weightlifting, etc. Many gyms have volunteers willing to do this and it might work really well for you.

Although you didn't sign anything, it seems pretty clear that you agreed by email to the 14 month deal and voluntarily paid for it by phone. Lots of gym members don't actually attend very often, that would not normally be a cause of concern.
As you are a paid up member they shouldn't really have wiped your records. However when you turned up requesting entry they should reinstate you. Provided they do so that is not an issue. I suspect that that they have an over-eager GPRS system not synchronised with memberships which automatically deletes personal info if the forms are not wet signed at every renewal.

DullGreyGuy

Contracts dont require a signature, how many times have you gone into Tesco or Sainsbury's to enter into a contract of sale and been made to sign a contract? Outside of Scotland a contract requires and offer, acceptance and consideration (aka payment - this isnt required in Scotland). 

A signed contract makes life easier to show exactly what the terms were agreed to but the fact shops dont typically require you to sign a contract each time you buy a chocolate bar shows that many business are comfortable not spelling out all aspects. 

Your acceptance was actually relatively formal, acceptance can also be deemed, eg even if you never say you accept if you use the service or payover the monies then it's normally fairly obvious you do accept. 

nyermen

Question for the more knowledgeable that I don't see answered - as I agree that the contract was formed, but if the benefits weren't provided (membership not activated so couldn't be used) doesn't that have some meaning?

soolin

nyermen said:

Question for the more knowledgeable that I don't see answered - as I agree that the contract was formed, but if the benefits weren't provided (membership not activated so couldn't be used) doesn't that have some meaning?

The service was available though it’s just that the OP choose not to use the benefits by not completing the sign up required. 

Grumpy_chap

It seems as though the contract was formed through the exchange of e-mails.

If the issue around access to the gym could be said to be partly the gym's responsibility, then the OP could try to negotiate to still have the 14-month contract but with the start date from when access was actually enabled.
That is a bit difficult as it looks as though the 14-months probably started 1st July and for some reason the OP did not try to use the service until this week (mid September).  It is not the gym's fault that the OP chose not to use the gym for 2 months.

The one extra month added would seem to be a fair compromise - splitting the difference - if that can be recovered now.

focus77 said:

In June, I received an email from my gym’s club manager offering me a loyalty deal to “re-sign” with them to receive 14 months for the price of 10 months. I accepted the offer by email reply and the manager called me on 28 June and took payment by credit card over the phone. 

Since then I have not attended the gym nor have I signed a new gym membership contract. I tried to access the gym’s app to book classes on Sunday and could not register as the app said all my details (mobile, email and key fob number) did not exist. I contacted the gym and was told as I had not signed yet, my membership was not active on their system causing the problem. The gym representative offered to text me a link to digitally sign my contract but the start date would be 28 June and only the club manager could amend this. The representative did offer to add a month’s membership if I went ahead and signed the contract but I opted to leave a message for the manager to call me. 

Yesterday I received an email from the club manager advising the club is not liable for me forgetting that I was told to come in to sign the contract and not trying to access the gym sooner, therefore he would not add any months to my membership nor adjust the contract starter date. 

During the summer I was receiving weekly psychological treatment for PTSD/BPD and another mental health disability which affected my concentration an d mood and may of contributed to my part in not remembering a contract needed to be signed nor making the effort to attend the gym. I also have ADHD treated with medication and am under the care of a psychiatrist I see very few months. My ADHD symptoms have been exacerbated during my psychological treatment. I accept I have a part to play in this problem but feel the gym also does (eg not following up the signing of the contract to complete their records). 

What is my position in terms of a) consumer law and b) equality law regarding how I may respond to the gym club manager’s message? I have not yet informed the gym manager of my mental health and learning disabilities. Thank you in advance for any suggestions or advice.