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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Can someone get me out of this gym contract?

34 replies

Stealthynamechange · 05/01/2020 15:00

Not really AIBU but posting here for traffic

I joined a wellness centre/gym last year following a one month trial. I did the trial to ensure i could attend classes as im a single mum, work full time & they have no creche etc. Anyway, i was going 4-5 times per week, they have made lots of timetable changes since. Most significant changes start from 13th jan with new classes loss of old ones, eg my regular morning yoga class has now turned into yoga crossed with hit training (wtaf?) They also now have classes listed as "psychoride" which i find absolutely appalling. I have 4 more payments left. Its an expensive place. I can no longer justify the cost.
Can anyone help me get out of this contract?
All help appreciated.
Thanks!

OP posts:
slashlover · 05/01/2020 15:08

Have asked them and explained that the new classes make the gym unusable?

dementedpixie · 05/01/2020 15:08

What do the T&Cs say about cancelling? Did you sign up for 1 year? Although you could maybe argue that they have changed the contract by changing the classes they offer and that they no longer suit your needs.

cinders15 · 05/01/2020 15:09

What's the termination clause in the contract say?

imaflutteringkite · 05/01/2020 15:10

Is it a big chain or an independent gym OP?

Stealthynamechange · 05/01/2020 15:14

Hi
Its an independent, I signed a 1 year contract, their breach clause says: "agreement can be cancelled if we are in breach of contract including if we do not provide facilities or services you may
reasonably expect and we have fallen well below that standard."

OP posts:
dementedpixie · 05/01/2020 15:19

www.citizensadvice.org.uk/consumer/changed-your-mind/cancelling-a-gym-membership/

I would say that you want to cancel under the terms of the contract as they no longer offer the classes you uses to attend and are no longer providing the facilities or services you may
reasonably expect

damnthatanxiety · 05/01/2020 15:23

If they have changed classes so you can no longer attend then I doubt they will fight the cancellation

AllergicToAMop · 05/01/2020 15:23

I was curious about the psychoride. It's marketed a stress relief which was actually my first thought so I don't know what's so appalling tbh.

I bet my shoes that there is somewhere a clause that they reserve a right to change x and y. Like in every contract. I really don't think you have bases for getting out of contract early as long as you still have access to gym, changing rooms and toilets which are imho the only facilities you can reasonably expect.

dementedpixie · 05/01/2020 15:29

If she has been going regularly to specific classes then she could reasonably expect them to still be available to go to or she wouldn't have signed up in the first place

dementedpixie · 05/01/2020 15:29

Speak to them and argue your case

SmudgeButt · 05/01/2020 15:32

you signed a one year contract and the year is up. don't renew it?

the gym contract I had a couple of years ago had a 3 month notice to cancel but because half the place was being renovated I told them they weren't providing the facilities as expected and they had therefore broken their agreement with me. I gave them one month's notice and said it they didn't like that they could have their lawyer contact me.

so your leaving this contract may depend on how much notice they've give of cancelling all the things you have been going to for the last year.

Stealthynamechange · 05/01/2020 15:32

Thanks @dementedpixie im going to give it a try!

OP posts:
SmudgeButt · 05/01/2020 15:34

sorry - just notice the "I have 4 more payments". I would still write to them to give them notice of no further payments due to their breach of your contract.

They can contact you to discuss if they disagree.

notanotherjigsawpiece · 05/01/2020 15:34

How do you pay for it? If it’s by direct debit, I’d go into my online banking and simply cancel it, but after giving notice and the reasons why in writing.

Stealthynamechange · 05/01/2020 15:36

Hi
27th dec they announced new classes coming soon, they have just made the new timetables live & changes start on 13th jan.
Ive got 4 more months left & definitely wont be renewing.
I will try breach of contract & see if i can get out of it.
Really annoyed by the changes!

OP posts:
Stealthynamechange · 05/01/2020 15:37

Its monthly direct debit. If i discontinue it - alongside reasons why in writing - could they send balifs?

OP posts:
Stealthynamechange · 05/01/2020 15:37

I mean debt collectors etc

OP posts:
HopefulFor2020 · 05/01/2020 15:38

Have a really thorough google and check sites like money saving expert etc. I'm sure there was something a few years ago about gym contracts not actually being enforceable. Certainly with only 4 months left I doubt they'd spend the money to chase you for it if I'm wrong. I've definitely dumped a couple of year long gym contracts in the past and one of them tried to get me to pay the outstanding amount for the year but not very hard

LeekMunchingSheepShagger · 05/01/2020 15:41

Don’t just cancel the direct debit op, speak to them first and see what they say. I expect there’s something in the very small print about changes to class timetables.

AutumnRose1 · 05/01/2020 15:41

I am not a lawyer

but I would imagine change of timetable is covered in your contract, it was in every gym contract I've ever had

there's also something about "occasional loss of services" but if there's literally no yoga left without HIIT - ?? - then you could try arguing that the service provided has changed too much?

HopefulFor2020 · 05/01/2020 15:42

Ok, a quick google says it can't be any longer than 12 months but 12 months is fine. They do have to be very clear about cancellation terms so you might have something to go on there. The clause that you've stated here is a bit woolly, what is 'reasonable' can be subject to very different interpretations so I'd argue its not clear

PerceptionIsReality · 05/01/2020 15:50

Your best bet is asking the gym to be reasonable and explaining your reasons.

However if they’re not willing to allow you to cancel then should you refuse to pay, they will likely just sell the debt to a DCA and be done with it. DCAs only income is from chasing and enforcing debts, it’s bread and butter to them and a quick attendance at court does not trouble them too much either as a rule so they will tend to follow through.

IceCreamAndCandyfloss · 05/01/2020 15:50

I can’t imagine there isn’t a clause re change of classes etc, every gym changes their timetable to keep interest of users, new techniques etc.

Surely you didn’t expect them never to change anything whilst you were a member?

Brefugee · 05/01/2020 15:51

Speak to them, and hand them a cancellation in writing because they have changed the classes and you will no longer be going. I'm guessing they won't agree but it's worth a try.

Have you been going regularly?

MrsScrubbithatescleaning · 05/01/2020 16:13

No, they can’t legally send debt collector’s until after successfully suing you in court.

I also think the court would support you in that they have changed the terms on which you originally signed up to because their new classes are significantly different to what was offered originally.