Bannatyne won’t let me cancel gym membership

renkau

My son is off to University in a couple of weeks to start his degree and has just resigned from him part time job. He has sent several emails to Bannatyne gym requesting cancellation of his membership. He is still within the initial membership period of one year but they have a condition in their terms and conditions where you can cancel the membership if your financial circumstances significantly worsen. Well he will be studying full time with no income and reliant on student loans and parent contributions.
Bannatyne’s keep replying that they need evidence and will then review but we have sent them his resignation letter from him part time job and his acceptance notification from the university. 

What else can I do? 

I look forward to some good advice to close and resolve this issue. Thanks in advance for any advice provided.

marcia_

 Have they got back to you saying they wont accept that evidence? Have you asked what evidence they require? 

renkau

They didn’t accept the university acceptance email and don’t seem to have accepted the resignation letter. They have suggested a bank statement or letter of redundancy. But regardless of the balance in my son’s account I’m not comfortable sending them a bank statement and he has not been made redundant. I’ll see if I can get a letter from the employer to confirm his final day of employment but he wasn’t provided with one and I’m concerned it’s just to delay the process so it ticks over into another month. 

marcia_

 Why are you worried about sending the bank statement? Would be better to do this before his student loan goes in . 

renkau

This is part of the correspondence: 
Unfortunately we are unable to specify what evidence that you can provide as we appreciate that all members may face financial struggle for any number of reasons. We can advise that the responsibility falls with the member to provide evidence they feel shows and supports a premature cancellation on financial grounds. This evidence must show a financial change since joining. 

Evidence we have reviewed in the past is bank statements, benefit claims, work contracts (reduction in hours) , increase in outgoings , etc.

marcia_

 Bank statement is all you have then as he obviously can't claim benefits and they have ignored the uni letter. 

renkau

The bank statement has his savings in and he will be using that also to cover his expenses while at university. And we have provided proof that his financial circumstances have significantly changed with him leaving his role. 

Grumpy_chap

renkau said:

My son is off to University in a couple of weeks to start his degree and has just resigned from him part time job. He has sent several emails to Bannatyne gym requesting cancellation of his membership. He is still within the initial membership period of one year but they have a condition in their terms and conditions where you can cancel the membership if your financial circumstances significantly worsen. Well he will be studying full time with no income and reliant on student loans and parent contributions.
Bannatyne’s keep replying that they need evidence and will then review but we have sent them his resignation letter from him part time job and his acceptance notification from the university. 

What else can I do? 

I look forward to some good advice to close and resolve this issue. Thanks in advance for any advice provided.

Ordinarily, gym memberships have a reduced rate in return for the customer committing to a minimum period - 12 months in this case, which is typical at other gyms also.

What is the full text of the clause allowing the individual to "cancel the membership if your financial circumstances significantly worsen"?
It is quite common for such clauses to only relate to involuntary and unforeseeable scenarios.  So redundancy would apply, or illness as examples.  It is also quite possible that resigning from work to study at University was both voluntary and reasonably foreseeable.

• When did he first sign up to the gym?
• When did he first visit Universities?
• When did he first apply to University?
• When was he accepted to University?

renkau

here is the text in the T&Cs:

your financial situation becomes materially worse than it was at your Joining Date, so that continued membership of the Club is unaffordable for you (and you are able to provide reasonable evidence of this to us);

He signed up about 9 months ago. Probably looking and applying to universities at the same time. Got accepted about 2 weeks ago.

Grumpy_chap

renkau said:

here is the text in the T&Cs:

your financial situation becomes materially worse than it was at your Joining Date, so that continued membership of the Club is unaffordable for you (and you are able to provide reasonable evidence of this to us);

He signed up about 9 months ago. Probably looking and applying to universities at the same time. Got accepted about 2 weeks ago.

I would consider it entirely reasonable that the gym determine there has not been a change in financial circumstances as the "going to University" was entirely planned / foreseeable at the time of joining the gym with 12-months membership contract.  Secondly, the change of financial circumstances is voluntary - resigned from his part-time job.

If we give benefit of the doubt that this is an eligible "change of financial situation", then he would - presumably - need to give one months' notice from start of monthly cycle.  He's had nine months and needs to pay for the tenth month.  It will only be two months of saving (at most) for ending early. 

If he can't end early, is there a Bannatyne's gym near the University that he can use?

Is that absolutely the full terms about change of financial situation?
It is just the online terms seem far more specific:
https://www.bannatyne.co.uk/uploaded/12-months-contract.pdf
Clause 6 (f) (ii)  is made redundant or loses their job and is unable to find alternative employment for a period of at least two calendar months (we will require reasonable evidence of this). In the event of termination under this clause, the Proprietor shall be entitled to charge a reasonable administration charge.

That clause would require the member (your son) to try to improve financial circumstances for 2 months before being able to terminate early.  Given there are only three months remaining the "reasonable administration charge" would probably mean the costs remain the same or barely any saving.

If the terms that your son has - and he still has these in writing - are more generous in this regard, it may be worth drawing attention to the local gym that the terms allow the early termination in case the gym are referring to the online terms or some other set of terms.

Ayr_Rage

His financial situation has changed entirely by his own actions and personally I think Bannatyne are quite within their rights to insist he pays the full amount of his contract.

He signed up for 12 months in full knowledge he was applying for a university place and if accepted would not be able to complete that obligation. 

There should be no "me" in this, he is an adult and should be taking responsibility for sorting out his own mess.