Gym Annual Membership - Contract Not Signed and Payment Taken
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.
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