Bannatyne won’t let me cancel gym membership

renkau

We have been referring to the same T&Cs. https://www.bannatyne.co.uk/uploaded/membership%20t&c's%20(12%20month)%20-%201%20june%202022%20(1).pdf

12 month contract but I’m looking specifically at section 7.1 and 7.1.5 which I mentioned earlier.
His financial situation becomes materially worse considering he won’t be earning any income.
There is a Bannatyne gym near his university so he could use it if he wants to but he has stopped working so he can concentrate on his studies. 

renkau

Ayr_Rage said:

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.

Okay. Thanks for your opinion. I wouldn’t agree it is a mess but I still get your point that he signed up for a 12 month contract. I’m just referring to their T&Cs and think he is in his rights to cancel under the specific clause mentioned. 

Grumpy_chap

renkau said:

We have been referring to the same T&Cs. https://www.bannatyne.co.uk/uploaded/membership%20t&c's%20(12%20month)%20-%201%20june%202022%20(1).pdf

12 month contract but I’m looking specifically at section 7.1 and 7.1.5 which I mentioned earlier.
His financial situation becomes materially worse considering he won’t be earning any income.
There is a Bannatyne gym near his university so he could use it if he wants to but he has stopped working so he can concentrate on his studies. 

Yes, so you are looking at:

"your financial situation becomes materially worse than it was at your Joining Date"

Except your son's financial situation is no worse than it was at his Joining Date.
When he signed up for the 12-month membership, it was always his intention after about 9 months to resign from his part time job and go to University, so that should all have been in his consideration as his financial planning.

Why did he sign up for a 12-month contract given his plans?
I just looked at my local Bannatyne gym and a 12-month membership works out to £958 over the full year.  There is an alternative option to pay more monthly in return for a shorter commitment - 3 month minimum - and that works out to £797 over 9 months.

The change of financial circumstances is entirely voluntary and was always planned by your son.  I fail to see any basis that the gyn should offer a reduction / early cessation.  The alternative product that better suits your son's plans was always available.

renkau

Grumpy_chap said:

renkau said:

We have been referring to the same T&Cs. https://www.bannatyne.co.uk/uploaded/membership%20t&c's%20(12%20month)%20-%201%20june%202022%20(1).pdf

12 month contract but I’m looking specifically at section 7.1 and 7.1.5 which I mentioned earlier.
His financial situation becomes materially worse considering he won’t be earning any income.
There is a Bannatyne gym near his university so he could use it if he wants to but he has stopped working so he can concentrate on his studies. 

Yes, so you are looking at:

"your financial situation becomes materially worse than it was at your Joining Date"

Except your son's financial situation is no worse than it was at his Joining Date.
When he signed up for the 12-month membership, it was always his intention after about 9 months to resign from his part time job and go to University, so that should all have been in his consideration as his financial planning.

Why did he sign up for a 12-month contract given his plans?
I just looked at my local Bannatyne gym and a 12-month membership works out to £958 over the full year.  There is an alternative option to pay more monthly in return for a shorter commitment - 3 month minimum - and that works out to £797 over 9 months.

The change of financial circumstances is entirely voluntary and was always planned by your son.  I fail to see any basis that the gyn should offer a reduction / early cessation.  The alternative product that better suits your son's plans was always available.

The only option was a 12 month contract but he seemed to get a favourable rate as it is only about £59 a month. 

Thanks for your comments it is good to see from others perspective if we have any chance to cancel early. Seems it was wishful thinking on my part but certainly worth checking.

Grumpy_chap

renkau said:

The only option was a 12 month contract 

That is very unusual.
Most gyms offer a range of different contract lengths at different rates.
The first to be offered is usually the "best value" 12-month term.  Even within that there will typically be three rates - restricted time access (off-peak) monthly payment, full access (peak) monthly payment, pay upfront the full year in advance.

Did your son challenge the 12 months before agreeing, on the basis he knew he planned to go to University after 9 months?
If he did and something was said - and he can evidence that somehow - he may have grounds for challenging the stance that is being taken.

Outside of that, I think he is looking at any goodwill he can gain as the financial circumstances have not changed since his Joining Date (the change was always envisaged by your son).

400ixl

It looks like what they are saying is that the term you refer to is for when someones financial position worsens due to circumstances out of their control. Hence why they have mentioned redundancy letters or change of contract hours.

They see your son's worsening of financial situation as planned and self inflicted and as such that term does not apply.

renkau

Grumpy_chap said:

renkau said:

The only option was a 12 month contract 

That is very unusual.
Most gyms offer a range of different contract lengths at different rates.
The first to be offered is usually the "best value" 12-month term.  Even within that there will typically be three rates - restricted time access (off-peak) monthly payment, full access (peak) monthly payment, pay upfront the full year in advance.

Did your son challenge the 12 months before agreeing, on the basis he knew he planned to go to University after 9 months?
If he did and something was said - and he can evidence that somehow - he may have grounds for challenging the stance that is being taken.

Outside of that, I think he is looking at any goodwill he can gain as the financial circumstances have not changed since his Joining Date (the change was always envisaged by your son).

I was hoping at goodwill but it’s gone long past that. Not the most helpful customer service. 

When he signed up it was all discussed verbally and only option provided was 12 months. 

I think we will accept it and terminate at the end of the 12 months. He has had use of the gym for 9 months and enjoyed it so we will leave it there.

400ixl

Bannatyne are not known for their good will unfortunately. Can the membership be transferred to one near his UNI so that he can at least make use of the remaining months.

renkau

He can transfer it to one near his University so that’s a positive